Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 06, 2011 FBO #3542
SOLICITATION NOTICE

54 -- One Force Protection Ship Simulation Superstructure for the USCG Maritime Law Enforcement Academy

Notice Date

8/4/2011
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

332999 — All Other Miscellaneous Fabricated Metal Product Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, U.S. Coast Guard Headquarters (CG-912), 1900 Half Street, SW, Washington, District of Columbia, 20593-0001
 

ZIP Code

20593-0001
 

Solicitation Number

HSCG23-11-Q-QRX332
 

Archive Date

9/3/2011
 

Point of Contact

Paul Bean, Phone: 2024753327, Robert Mann-Thompson, Phone: 2024753252
 

E-Mail Address

Richard.P.Bean@uscg.mil, robert.a.mann-thompson@uscg.mil
(Richard.P.Bean@uscg.mil, robert.a.mann-thompson@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, in conjunction with FAR Subpart 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is HSCG23-11-Q-QRX332 and is being issued as a Request for Quotation ( RFQ ). The associated North American Industrial Classification System ( NAICS ) code for this procurement is 332999 with a size standard of $7 million. This requirement is set aside for only small business participation. This solicitation document, and the incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53 (July 05 2011). The U.S. Coast Guard intends to establish one firm fixed price contract to procure one force protection ship simulation superstructure for the U.S. Coast Maritime Law Enforcement Agency ( MLE ) with delivery required by March 15, 2011. The superstructure must meet the salient characteristics listed in this solicitation. This procurement will consist of the following Contract Line Item (CLIN): CLIN : 00001 Description: One Force Protection Ship Simulation Superstructure Quantity: 1 Unit: Each Unit Price: TBD Total: TBD Description of requirements for the item to be acquired - The Item shall meet the below "Salient Characteristics". SALIENT CHARECTERISTICS The Force Protection Ship Simulation Superstructure shall contain the following structural characteristics: OVERALL VIEW (1) Resemble a maritime vessel superstructure. (2) Three-tiered superstructure with overall length dimension that are at least 40', but not greater than 50', width dimensions that are at least 20', but not greater than 25', and height dimensions that are at least 27', but not greater than 29'. (3) The third tier, the highest tier, is reduced in length of the second tier, and the second tier is reduced in length of the first tier, which altogether should simulate the superstructure of a ship with the bridge placed at the highest tier. (4) Grey in color. (5) Fabricated from steel that is corrosion resistant. (6) Weather-tight construction between each module. (7) Five standard exterior ship watertight hatches (two on the first tier, one on the second tier, and two on the third tier) (placements to be determined upon award). (8) Standard ship-type interior and exterior stairs with handrails 3' to 3' 2" in width. (9) Ship-type handrails (minimum 3'5" high) covering all of the edges of the outside decks except for stairwell entrances/exits. (10) Adequate air conditioning for the interior of the superstructure with at the least one fully installed PTAC 14,000 BTU air conditioner in each compartment (room) (no obstruction by overhead clearances allowed). (11) Non-skid exterior surfaces on decks, stairs, and ladders. (12) Each module box with its adjoining wall(s) is reinforced to maintain structural integrity and meet ISO standards for support, including where the wall(s) is removed. (13) Each module box is transportable by ship, rail or truck ( reloadable ) and the superstructure can be disassembled without breaking welds for shipment. (14) The system that joins the module boxes acts as wall reinforcement with a built-in rain gutter. (15) All doors, air conditioners, windows, and passage ways contain installed steel frames. (16) Wire molding is mounted to the center perimeter of each compartment for wiring CCTV cameras. (17) Pipe sleeves and boots for low voltage cables going between compartment and modules are provided. (18) Load center: one recessed subpanel board and NEMA 1 enclosure will be installed in each box and each subpanel will be wired to a main panel board installed in a surface mounted NEMA 3R exterior rain tight enclosure. (19) Signs: minimum of approval label of UL Field Test with the contractor's name and phone number. (20) Each appliance, control switch, and circuit breaker must be labeled appropriately. (21) The superstructure will be supplied with minimum eight foot grounding rod(s) and connections and wire to meet NEC resistance requirements. (22) The superstructure will be supplied and installed with seismic tie down brackets which meets or surpasses code requirements for seismic zone four. (23) Coatings: minimum 7 mil dft chlorinated rubber coating. EXTERIOR (24) Exterior flooring is marine grade plywood x 1' 1/16" with a slip resistant that is gray. (25) Two ship-type exterior stairwell systems with hand rails to weather decks; 1 from the ground level (tier one) to the second tier weather deck and 1 from the second tier weather deck to the third tier weather deck, both measuring 3' to 3' 2" in width. (26) One ladder, mounted vertically along the bulkhead (exterior) wall, allowing access from the third tier weather deck to the top of the pilot house weather deck. (27) The handrail system includes center rail as well as top rail fabricated from reinforced minimum 2" welded square tubular steel and support a minimum of 100 lbs. of horizontal pressure. INTERIOR (28) Interior stairway will measure 3' to 3' 2" in width. (29) Third tier will contain weather deck surface covering unused space outside of third tier structure and on top of pilot house. (30) Second tier will contain weather deck surface covering unused space outside of second tier structure. (31) Interior flooring is marine grade plywood x 1' 1/16" with a slip resistant that is gray. (32) Wall covering minimum is 5/8" plywood of which the covering is glass reinforced plastic for ease of clean-up and chemical resistance. (33) Trim covering must be fabricated from the same material (or equivalent) as interior siding. (34) One recessed, quadplex receptacle centrally located on exterior wall in each compartment (room). (35) There will be a total of six interior doors (one for each compartment/room) that are insulated, double walled, made of 18 gauge steel, measure 36"x80", contain a reinforced glass viewing window in each door, include lockless lever handles, a door sweep, threshold, frame and weather stripping. (Placement of interior doors is to be determined upon award). (36) One ship type exterior ladder 3' to 3' 2" in width, open type, from weather deck on tier two to weather deck of tier three with (placement to be determined upon award). (37) The module is wired for separate white and red marine grade lighting fixtures with safety guards and polycarbonate cover installed in each compartment and corridor, colors separately switched in each compartment that shall provide adequate interior lighting (one switch activates the red light and the other switch activates the white lights). FIRST TIER (38) The first tier contains a total of six compartments (rooms) with the following measurements: 2 compartments (rooms) 7' to 7'6'' wide, 15' to 15'6" long, and 7' to 7'6" high 2 compartments (rooms) 7'2 to 7'6" wide, 7' to 7'2 long, and 7' to 7'6" high 2 compartments 18'6 to 19' wide, and 7' to 7'2'' long, and 7' to 7'6" high at each end of the main tier connected by a passageway (hallway) that is 26' to 26'6'' long, 3' to 3'2" wide, and 7' to 7'6" high that runs down the center of the first tier. (39) The first tier contains two exterior ship watertight hatches used to enter the structure, one entry point in the front and the other in the rear of the first tier (placements to be determined upon award). (40) One interior stairwell system with a hand rail that begins inside the first tier and finishes at the second tier (placement to be determined upon award). (41) Two (W&D) 72"x24" stainless steel metal shelf installed in with placement to be determined upon award of contract. SECOND TIER (42) The second tier contains a total of three compartments (rooms) with the following measurements: 2 compartments (rooms) 7' to 7'6'' wide, 15' to 15'6" long, and 7' to 7'6" high 1 compartment 18'6 to 19' wide, 7' to 7'2'' long, and 7' to 7'6" high (43) One passageway (hallway) that is 16' 6'' to 16' 9" long and 3' to 3'2" wide and 7' to 7'6" high wide that runs down the center of the second tier connecting the 18'6 to 19' wide, 7' to 7'2'' long, and 7' to 7'6" high compartment with an exterior ship watertight hatch which will open to the tier two outside open weather deck surface. (44) One vertically mounted ladder extending below tier three scuttle hatch extending from the ceiling to the floor with placement to be determined upon award. THIRD TIER (45) The third tier contains a total of one compartment (room) measuring 18'6 to 19' wide, 7' to 7'2'' long, and 7' to 7'6" high, which contains two exterior ship watertight hatches (placements to be determined upon award). (46) Has windows facing forward covering an area 10' to 12' wide and 3' to 3'6" tall, two windows, one on each side measuring 3' to 3'6" wide and 2' to 3' tall, and one window measuring 3' to 4' wide and 3' to 3'6" high facing to the rear (creating a 360 degree view). (47) Placement of scuttle hatch with a 30'' to 36" diameter opening with a wall mounted safety latch (designed to hold the hatch when opened). (48) Two 24"x24" stainless steel metal shelves (placement to be determined upon award). (49) One "mock" non-working pilot steering station (placement to be determined upon award). (End of Salient Characteristics) Delivery Terms Delivery shall include f.o.b destination freight. Delivery arrangements shall be coordinated with the Contracting Officer's Technical Representative ( COTR ). The COTR will be assigned upon award. The following is the delivery location: Maritime Law Enforcement Academy 2000 Bainbridge Ave Charleston, SC 29450 The following FAR, HSAR, and CG-912 provisions and clauses as well as addenda apply to this acquisition and are incorporated by reference or in full text: FAR 52.212-1 - Instructions to Offerors -- Commercial Items (Jun 2008) is incorporated by reference. FAR 52.212-1 - Instructions to Offerors -- Commercial Items (Jun 2008) (Addendum) SUBMISSION INSTRUCTIONS Please submit your quotation to the attention of the Contract Specialist, Paul Bean, via e-mail at Richard.P.Bean@ uscg.mil with a carbon copy e-mail sent to Contracting Officer, Robert Mann-Thompson, at Robert.A.Mann-Thompson@ uscg.mil on or before 1400 ET, on August 19, 2011. Due to USCG Internet restrictions, electronic mail attachments over 5 MB in size will not be accepted. Electronic documents submitted shall be compatible with Microsoft Vista. Offers shall be limited to 35 pages all inclusive with page numbers in sequential order. The page limits exclude 52.212-3 Offeror Representations and Certifications-Commercial Items. Offers shall be sectioned into the following two volumes: Volume 1: Specifications and Delivery Plan Volume 2: Price Volume One Contents: The Quoter shall provide the following in its Volume One in order to be considered complete: (1) a document entitled "Specifications Document" that contains sufficiently detailed information that demonstrates that the Offeror's proposed superstructure meets the Government's "Salient Characteristics", and (2) a document entitled "Delivery Plan" that provides the Quoter's delivery plan for delivering the proposed superstructure on or before the required delivery date (March 15, 2011). Volume Two Contents: The Quoter shall provide the following in its Volume Three in order to be considered complete: (1) a firm-fixed price quote with an associated breakdown of the quote for the superstructure; (2) its Taxpayer Identification Number (TIN), Dun and Bradstreet Number (DUNS), and Electronic Funds Transfer (EFT) information; (3) a statement whether their company is registered in the Central Contractor Registration ( CCR ) database; (4) any completed solicitation clauses that require the Quoter's input; and (5) any exceptions/assumptions taken with regard to the Government "Salient Characteristics" or any other aspect of the RFQ or any other information that the Quoter finds necessary and pertinent to their offer. Quoters shall submit each volume as a separate document file. The minimum font size is 11, excluding graphics and tables which may use a font size smaller than 11. All Offers shall be emailed. Offers will be printed in black & white. QUESTIONS All questions or concerns regarding any aspect of this RFQ shall be forwarded to Contract Specialist, Paul Bean, via e-mail at Richard.P.Bean@ uscg.mil with a carbon copy e-mail sent to Contracting Officer, Robert Mann-Thompson, at Robert.A.Mann-Thompson@ uscg.mil by August 10, 2011 at 1400 ET, so that they can be addressed prior to the RFQ deadline for offers. (end of provision addendum) FAR 52.212-2 - Evaluation -- Commercial Items (Jan 1999) is incorporated by reference. FAR 52.212-2 - Evaluation -- Commercial Items (Jan 1999) (Addendum) EVALUATION CRITEIA The basis of award shall be the lowest price technically acceptable offer after price is determined fair and reasonable; therefore, a firm fixed price contract will be awarded to the firm who offers the lowest price technically acceptable offer in response to this RFQ. Technical Acceptability In order for an offer to be determined Technical Acceptable, a Quoter's offer must meet the following criterion: the quote must meet the salient characteristics and delivery requirements of the RFQ. Price Reasonableness The price, inclusive of shipping, will be evaluated by the Government for to determine price reasonableness. (end of provision addendum) FAR 52.212-3 - Offeror Representations and Certifications -- Commercial Items, Alternate I (May 2011) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http :// orca. bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business ( EDWOSB ) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation," as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874. "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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "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. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "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. "Women-owned small business ( WOSB ) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the 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 (o) 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 [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business ( EDWOSB ) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: _____________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [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 [_] is, [_] 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 CCR Dynamic Small Business Search database maintained by the Small Business Administration, 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 [_] has, [_] 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)(10)(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: ________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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, orNauru). ___ 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. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American 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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American 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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms " Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and ‘United States' are defined in the clause of this solicitation entitled "Buy American 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, Moroccan, Omani, or Peruvian 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American 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) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 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 appear 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 Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that 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) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract 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.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract 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). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if-- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (June 2010) FAR 52.212-4 - Contract Terms and Conditions - Commercial Items (June 2010) (addendum) FAR 52.212-4 REQUEST FOR PAYMENT ADDENDUM - In accordance with the invoice procedures outlined in FAR 52.212-4(g) Invoice, please e-mail each invoice to the following e-mail addresses: CG-9121-Invoices@ uscg.mil, Richard.P.Bean@USCG.mil, and ( TBD UPON AWARD). (end of addendum) FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug 2011). Clause 52.212-5 further incorporates the following: 52.203-6, with Alternate I (Sept. 2006), 52.204-10 (Jul 2011), 52.209-6 (Sept 2006), 52.209-16 (Jun 2006), 52.219-8 (Jan 2011), 52.219-14 (Dec 1996), 52.219-28 (April 2009), 52.222-3 (June 2003), 52.222-19 (July 2010), 52.222-21 (Feb. 1999), 52.222-26 (Mar 2007), 52.222-36 (Sept. 2006), 52.222-35 ( Sep 2010), 52.222-36 (Jun 1998), 52.222-37 (Sept. 2006), 52.222-40 (Dec 2010), 52.223-18 ( Sep 2010), 52.225-13 (June 2008), and 52.232-33 (Oct 2003). The following clauses are incorporated by reference: (1) FAR 52.227-14 - Rights in Data - General (Dec 2007) and, (2) FAR 52.232-25 - Prompt Payment (Oct 2008). FAR 52.252-2 - Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http :// farsite.hill. af.mil/vffar1. htm HSAR 3052.209-72 - ORGANIZATIONAL CONFLICT OF INTEREST (JUN 2006) (a) Determination. The Government has determined that this effort may result in an actual or potential conflict of interest, or may provide one or more offerors with the potential to attain an unfair competitive advantage. The nature of the conflict of interest and the limitation on future contracting is currently unknown. (b) If any such conflict of interest is found to exist, the Contracting Officer may (1) disqualify the offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the offeror and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded. After discussion with the offeror, the Contracting Officer may determine that the actual conflict cannot be avoided, neutralized, mitigated or otherwise resolved to the satisfaction of the Government, and the offeror may be found ineligible for award. (c) Disclosure: The offeror hereby represents, to the best of its knowledge that: ___ (1) It is not aware of any facts which create any actual or potential organizational conflicts of interest relating to the award of this contract, or ___ (2) It has included information in its proposal, providing all current information bearing on the existence of any actual or potential organizational conflicts of interest, and has included a mitigation plan in accordance with paragraph (d) of this provision. (d) Mitigation. If an offeror with a potential or actual conflict of interest or unfair competitive advantage believes the conflict can be avoided, neutralized, or mitigated, the offeror shall submit a mitigation plan to the Government for review. Award of a contract where an actual or potential conflict of interest exists shall not occur before Government approval of the mitigation plan. If a mitigation plan is approved, the restrictions of this provision do not apply to the extent defined in the mitigation plan. (e) Other Relevant Information: In addition to the mitigation plan, the Contracting Officer may require further relevant information from the offeror. The Contracting Officer will use all information submitted by the offeror, and any other relevant information known to DHS, to determine whether an award to the offeror may take place, and whether the mitigation plan adequately neutralizes or mitigates the conflict. (f) Corporation Change. The successful offeror shall inform the Contracting Officer within thirty (30) calendar days of the effective date of any corporate mergers, acquisitions, and/or divestures that may affect this provision. (g) Flow-down. The contractor shall insert the substance of this clause in each first tier subcontract that exceeds the simplified acquisition threshold. (End of provision) HSAR 3052.242-72 - CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative ( COTR ) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) Notice for Filing Agency Protests United States Coast Guard Ombudsman Program: It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 

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