PRESOL | U | Truck Driving Course | 22-Mar-12

FBO DAILY ISSUE OF MARCH 22, 2012 FBO #3771
SOLICITATION NOTICE

U -- Truck Driving Course

Notice Date: 3/20/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 611430 — Professional and Management Development Training
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: HSCG23-12-R-PBH008
Archive Date: 5/16/2012
Point of Contact: Kelson A. Baker, Phone: 7038565489, Robert Mann-Thompson, Phone: 2024753252
E-Mail Address: Kelson.A.Baker@uscg.mil, robert.a.mann-thompson@uscg.mil
(Kelson.A.Baker@uscg.mil, robert.a.mann-thompson@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: RFP# - HSCG23-12-R-PBH008 Description: Truck Driving Course IDIQ (Course 400160) This acquisition is being issued in accordance with FAR Subpart 12. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Request for Proposal number is HSCG23-12-R-PBH008 The NAICS code is 611430 with a small business standard of 500 employees. This requirement is a Total Small Business Set Aside submissions that do not meet the small business requirement will not be considered. This solicitation documents and incorporates provisions and clauses that are in effect through FAC 2005-56 (March 2, 2012). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The U.S. Coast Guard intends to establish a single Indefinite Delivery/Indefinite Quantity (IDIQ) contract to procure training support services for the U.S. Coast Guard Force Command (FC-51) with an order period of five years. This procurement will include a requirement for training services in support of Class A Truck Driving Certification courses. A minimum of one (1) class during the period of performance of the contract, and up to a maximum of three (3) classes per contract year may be ordered. The guaranteed minimum order is one (1) class during the period of performance of the contract. This synopsis/solicitation is for the requirements detailed in the following Statement of Work: STATEMENT OF WORK (SOW) DATED: JANUARY 31, 2012 1.0 GENERAL. 1.1 SCOPE. The purpose of this Statement of Work (SOW) is to obtain Contractor technical and administrative support services for a firm fixed price Commercial Truck Driving Training Course contract with a base year and four option year period of performance. The course objective is to prepare students to pass state examination requirements for a Commercial Class A license. These licenses are required for strike team member transportation of a large assortment of highly specialized heavy response equipment. 1.2 BACKGROUND. A critical aspect of the USCG National Strike Force's (Atlantic, Gulf, and Pacific Strike Teams) mission is to load and transport specialized heavy response equipment to incident sites. National Strike Team members attending this training must obtain a Commercial Truck Drivers License in order to perform this aspect of their job. The vendor will conduct annually three (3) two week courses (nine days designated to train Coast Guard personnel in Commercial Truck Driving and one day of Forklift Training) in accordance with this SOW. Each course class will contain (4) four students from the respective Strike Teams. The students taking the forklift class may not have attended the CDL Training. The following CDL testing locations have been used; Atlantic Strike Team, Motor Vehicle Commission, Cherry Hill, 617 Hampton Road, Cherry Hill, NJ, 08002; Gulf Strike Team, Mobile County License Commission, 3400 Demetropolis Road, Mobile, AL, 36609; Pacific Strike Team, CA Department of Motor Vehicles, 2570 Corby Avenue, Santa Rosa, CA, 95407. 1.3 CONTRACTOR PERSONNEL. 1.3.1 Project Manager. The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this contract. The Project Manager shall be a single point of contact for the Contracting Officer (KO) and the Contracting Officer's Technical Representative (COTR). It is anticipated that the Project Manager shall be one of the senior level employees provided by the Contractor for this work effort. The name of Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates shall be able to read, write, speak, and understand English. Additionally, the Contractor shall not replace the Project Manager without prior acknowledgement from the KO. 1.3.2 The Project Manager shall be available to the COTR via telephone between the specified hours of operation found below (See SOW 1.8), and shall respond to a request for discussion or resolution of technical problems within 72 hours of notification. 1.3.3 Qualified Personnel. The Contractor shall provide qualified personnel to perform all requirements specified in this contract. All Contractor employees supporting this requirement shall also be citizens of the United States.\ 1.3.3.1 Project Manager - College degree and three years experience in the management of educational services contracts. Four years of related work experience may be substituted for a college degree. 1.3.3.2 Instructor(s) - Five (5) years of commercial truck driving school instructor training experience, have a current commercial truck driver's license, a clean driving record, and be a certified forklift instructor. 1.3.4 Employee Identification. Contractor employees visiting Government facilities shall have a valid driver's license. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display their identification and visitor badges in plain view above the waist at all times. 1.3.5 Employee Conduct. Contractor's employees shall comply with all applicable Government regulations, policies, and procedures (e.g., fire, safety, sanitation, environmental protection, securing, "off limits", wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security, or the USCG. 1.3.6 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from USCG facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee. 1.3.7 Conflict of Interest. The Contractor shall not employ any person who is an employee of the United States Government if that employment would, or would appear to cause a conflict of interest. 1.3.8 During the road portion of the class everyone in the vehicle shall comply with Coast Guard Regulations and must wear a seatbelt. The Contractor shall not employ any person who is an employee of the United States Government if that employment would, or would appear to cause a conflict of interest. 1.4 KEY PERSONNEL. Before replacing any individual designated as Key by the Government, the Contractor shall notify the KO no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the KO. Project Manager and Instructor are considered Key Contractor personnel for this contract. 1.5 SECURITY Contractor access to Sensitive but Unclassified (SBU) information may be required. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination. 1.6 PERIOD OF PERFORMANCE The period of performance for this contract is 5 years (60 months) from the date of contract award with the guarantee of one class in a CONUS location. 1.7 PLACE OF PERFORMANCE The primary place of performance will at the U.S. Coast Guard Strike Team facilities: Atlantic Strike Team in Fort Dix, NJ; Gulf Strike Team in Mobile, AL; and the Pacific Strike Team in Novato, CA. 1.8 HOURS OF OPERATION Generally all courses shall be convened between the hours of 0800 and 1700 local standard time over a ten (10) business day consecutive period, beginning Monday of the start of the training period and concluding on the following Friday. There may be occasions when Contractor employees shall be required to convene class at times other than normal business hours, including weekends and holidays, to fulfill requirements under this contract. 1.9 TRAVEL The contractor price for travel will be incorporated into the price per class and shown as a separate line item in the price proposal. 1.10 KICK-OFF MEETING The purpose of the Kick-Off Meeting, which will be chaired by the KO, is to discuss technical and contracting objectives of this contract and review the Contractor's project plan. The KO, COTR and Contractor will hold the Kick-Off Meeting via telephone conference no later than five (5) business days after the date of award. 1.11 PROJECT PLAN After award, the Contractor shall provide a draft Project Plan at the Kick-Off Meeting for Government review and comment. The Contractor shall provide a final Project Plan to the COTR not later than five (5) business days after the Kick-Off Meeting. 1.12 GENERAL REPORT REQUIREMENTS The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with USCG Standard Workstations. Standard Workstations contain Windows Vista SP2, Microsoft Office 2007, and Internet Explorer. 1.13 INTELLECTUAL PROPERTY All Contractor developed processes and procedures and other forms of intellectual property first developed under this contract shall be considered Government property. 1.13.1 In Accordance With FAR 52.227-14 Rights in Data General (Dec 2007). All documentation, photography and electronic data and information collected by the Contractor and entered into or generated in support of this contract shall be considered Government property, and shall be returned to the Government at the end of the performance period. 1.14 PROTECTION OF INFORMATION Contractor access to information protected under the Privacy Act is required under this contract. Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation. 1.15 SECTION 508 COMPLIANCE. Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998, requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, they must ensure that it is accessible to people with disabilities, unless it would pose an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that is comparable to the access and use available to non-disabled Federal employees and members of the public. All electronic and information technology (EIT) deliverables within this work statement shall comply with the applicable technical and functional performance criteria of Section 508 unless exempt. Specifically, the following applicable standards have been identified: 36 CFR 1194.22 - Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (non-static) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous Javascript and XML (AJAX) then "1194.21 Software" standards also apply to fulfill functional performance criteria. 36 CFR 1194.31 - Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable shall use technical standards, regardless of technology, to fulfill the functional performance criteria. 36 CFR 1194.41 - Information Documentation and Support, applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required "1194.31 Functional Performance Criteria", they shall comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk shall have the ability to transmit and receive messages using TTY. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the COTR and determination will be made in accordance with DHS MD 4010.2. DHS has identified the following exceptions that may apply: 36 CFR 1194.2(b) - (COTS/GOTS products), When procuring a product, each agency shall procure products, which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially, available that meet some but not all of the standards, the agency must procure. 2.0 GOVERNMENT TERMS & DEFINITIONS 2.1 COTR Contracting Officer's Technical Representative 2.2 KO Contracting Officer 2.3 USCG United States Coast Guard 2.4 CDL Commercial Drivers License 3.0 GOVERNMENT FURNISHED PROPERTY The Government will provide Government equipment at the Atlantic, Gulf and Pacific Strike Team facilities to the Contractor solely for the performance of tasks under this contract for the duration of each class. The Contractor shall be responsible for returning the Government equipment in good working condition, subject to normal wear and tear. 3.0.1 Minimum of two manual shift tractors that will each hold 2 persons and have seat belts 3.0.2 Hazardous Material Response Trailer (48' Box type) 3.0.3 Multiple 48' flatbed (low-bed) trailers 3.0.4 Multiple 42' flatbed (low-bed) trailers. 3.1 CONTRACTOR REPORT OF GOVERNMENT PROPERTY The Contractor will provide the DHS Form 0700-05 Contractor Report of Government Property to the Contracting Officer by September 15th of each year. 3.2 CONTRACTOR INVENTORY REPORT The Contractor will provide a Contractor Inventory Report to the Contracting Officer by September 15th of each year and contain the following: 3.2.1 The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition). 3.2.2 Quantity received (or fabricated), issued, and balance-on-hand. 3.2.3 Unit acquisition cost 3.2.4 Unique-item identifier or equivalent (if available and necessary for individual item tracking). 3.2.5 Unit of measure 3.2.6 Accountable contract number or equivalent code designation 3.2.7 Location. 3.2.8 Disposition. 3.2.9 Posting reference and date of transaction. 3.2.10 Date placed in service. 3.2.11 Name and title of individuals that performed the physical inventory 3.2.12 Signed statement that a physical inventory was performed on Government property, completed on a given date and that the official property records were found to be in agreement except for discrepancies reported. 3.3 GOVERNMENT FURNISHED RESOURCES 3.3.1 Classroom with overhead projector and computer with CD drive and Microsoft Office 2003 capability. 3.3.2 Minimum of three forklifts with various lifting capacities 3.3.3 Wood, metal and airlift skids with a variety of loads 3.3.4 100 foot by 120 foot area for training 4.0 CONTRACTOR FURNISHED PROPERTY The Contractor shall furnish all facilities, materials, equipment, and services necessary to fulfill the requirements, except for the Government Furnished Property specified in SOW 3.0. 5.0 REQUIREMENTS The contractor shall be equipped and capable of providing training to a minimum of twelve (12) students per year for the Commercial Truck Driving Course (to include one day for forklift training) to prepare students to pass state examination requirements for a Commercial Class A license. 5.0.1 The Contractor shall contact the Training Officer for each of the Strike Teams to confirm students will have completed the pre-course requirement to obtain a CDL Learners Permit and scheduled a DMV road test prior to class commencement. 5.0.2 The Contractor shall obtain a student roster for the CDL and Forklift classes no later than 60 days prior to class commencement from the respective Strike Team Training Officer. 5.0.3 Students shall explain the procedures and requirements for special permits. 5.0.4 Students shall demonstrate the ability to read and appropriately respond to roadway safety and other sign and road signs. 5.0.5 Students shall be able to explain the procedures and requirements for weigh stations. 5.0.6 Students shall demonstrate the ability to operate the vehicle and conduct safety checks. 5.0.7 Students shall demonstrate the proper procedures for starting engines, gear shifting, braking, backing up, and parallel parking. 5.0.8 Students shall demonstrate the ability to safely connect and disconnect the rig to a load. 5.0.9 Students shall demonstrate the ability to safety operate the vehicle on the open highway, in the city, and in night-time driving conditions. 5.0.10 Forklift class students shall demonstrate the ability to properly operate a forklift. 5.0.11 Student shall understand all State and local Commercial Driver License Requirements for a Commercial Class A License. 5.0.12 The Contractor shall update curriculum as required keeping current with all Federal, local and state regulations for Commercial Truck Driving. 5.0.13 Curriculum shall include Interstate Commerce Commission (ICC) requirements. 5.1 COURSE MATERIALS / SUPPLIES The contractor shall furnish all materials (i.e. handouts and books) and services necessary to fulfill the requirements of this contract, except for Government Furnished Property. The contractor shall also provide SOW 6.1 for each training location. 5.2 CLASS SCHEDULE AND ROSTER The COTR will provide the Contractor no later than 60 days prior to each course convening, the student roster for each class with the names and phone numbers of the students registered for each course. Typically the personnel in the nine day CDL class will not have attended prior Commercial Truck Driving training. Each class will consist of no more than 4 participants in the nine day CDL course or in the one day Forklift Training course. 5.3 TRAINING FACILITIES The Contractor shall conduct the training at the National Strike Team locations. The facility will be outfitted with instructional support equipment necessary to deliver the course material by the Contractor. The Contractor shall be responsible for setting up the training facility, arranging equipment as necessary, laying out participant materials, and preparing equipment and instructor aids. USCG anticipates that all testing will be scheduled for the 9th day of class, that the USCG Tractor-Trailer(s) will be utilized for the testing, that one additional government-owned vehicle (car or van) will be available to transport personnel to the test site(s), and that the contractor will coordinate the schedule and resources with each site. 5.3.2 The Contractor shall provide break periods not to exceed 5 minutes every training hour. The Contractor may combine two breaks to provide break periods not to exceed 10 minutes every 2 hours. 5.4 TRAINING REQUIREMENTS. 5.4.1 The Commercial Truck Driving course shall prepare the CDL class attendees to operate in all geographical areas nation-wide safely and efficiently. 5.4.2 The Forklift Training course shall prepare the forklift class attendees to operate in all geographical areas nation-wide safely and efficiently. 5.4.3 The Contractor shall accompany all students to the local Department Of Motor Vehicles office for their driving test. 5.4.4 The CDL student shall be instructed on Federal Interstate Commerce Commission requirements, weigh stations, special permits, and roadway safety and road signs. 5.4.5 The Forklift student shall be instructed on forklift operations. 5.5 COURSE EVALUATION. The Contractor shall provide a course evaluation questionnaire to be completed by all participants at the end of each course. The questionnaire shall be directed toward eliciting participants' comments as to the value of the material taught, recommended changes and/or additions, and the quality of the instructor personnel. The Contractor shall provide a consolidated report of the evaluation responses with recommendations for course enhancement no later than fifteen (15) business days after course completion to the COTR. 5.6 COURSE CERTIFICATES. The contractor shall provide each participant with a certificate attesting to the successful completion of the Commercial Truck Driver and/or Forklift Safety course. The certificates shall also include, at a minimum, the course title, date of completion and signatures of the contractor's Director of Training (or equivalent) and the contractor's instructor. The contractor shall provide the certificate to the attendee and a copy to the COTR no later than fifteen (15) business days after course completion. 6.0 REFERENCES 6.1 Commercial Class A license requirements for the State of New Jersey. 6.1.1 http://www.state.nj.us/mvc/Commercial/Getting.htm 6.2 Commercial Class A license requirements for the State of California 6.2.1 http://www.dmv.ca.gov/dl/dl_info.htm#CDL 6.2.2 http://www.dmv.ca.gov/forms/dl/dl939.htm 6.3 Commercial Class A license requirements for the Alabama 6.3.1 http://dps.alabama.gov/Documents/Documents/DriverLicense-HowToObtain.pdf 6.4 Department of Transportation Part 383 Commercial Drivers License standards, requirements, and penalties 6.4.1 http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguidedetails.aspx?menukey=383 7.0 DELIVERABLES. The Contractor shall consider items as having mandatory due dates. Items noted as "COTR Checkpoints" are deliverables or events that must be reviewed and approved by the COTR prior to proceeding to next deliverable in the SOW. Item 1: SOW 1.10 Kick-Off Meeting due Five (5) business days after the date of the award Item 2: SOW 1.11 Draft Contractor Project Plan Due at Kick-Off Meeting Item 3: SOW 1.11 Final Contractor Project Plan due Five (5) business days after the Kick-Off Meeting Item 4: SOW 5.0 Commercial Truck Driving Course Requirement due Varied - Up to 12 students per year Item 5: SOW 5.0.1 Contractor Shall Confirm Pre-course Requirements with the Strike Team Training Officer due No later than 60 days before course start date Item 6: SOW 5.0.2 Contractor Shall Obtain CDL and Forklift Student Rosters from the Strike Team Training Officer No later than 60 days before course start date. Item 7: SOW 5.6 Consolidated Course Evaluation Report to be provided to COTR no later than fifteen (15) business days after each course completion. Item 8: SOW 5.6 Course Certificates provided to 12 students and COTR no later than fifteen (15) business days after each course completion. (END OF STATEMENT OF WORK) FAR 52.212-1 Instructions to Offerors - Commercial items (June 2008) and is supplemented as follows: Quote Submission Deadline: Vendors shall submit an electronic version of their quote in word or adobe pdf format by 5:00 PM EDT on May 1, 2012 via email to Kelson Baker at Kelson.A.Baker@uscg.mil. Question Submission Deadline: All questions regarding this solicitation shall be submitted by 12:00 PM EDT April 2, 2012 via email to Kelson Baker at Kelson.A.Baker@uscg.mil. Quoter shall submit as a separate document file and via email only. The Quoter shall submit a proposal based on the following information: CLIN 0001: Price per individual class travel included in CONUS locations Year 1 (SOW 1.7) CLIN 1001: Price per individual class travel included in CONUS locations Year 2 (SOW 1.7) CLIN 2001: Price per individual class travel included in CONUS locations Year 3 (SOW 1.7) CLIN 3001: Price per individual class travel included in CONUS locations Year 4 (SOW 1.7) CLIN 4001: Price per individual class travel included in CONUS locations Year 5 (SOW 1.7) Additional terms, conditions and requirements that shall be submitted are as follows: 1. The length of the total proposal including both technical and price volumes shall not exceed 35 pages. 2. Technical Proposal a. Provide a General Understanding of the Statement of Work b. Course Description/Syllabus c. Résumés d. Copy of Instructor Driving Record and Class A Certification 3. Price proposal a. Please provide cost by Year (i.e. Year 1, Year 2, etc.) b. Please provide yearly cost Per CLIN Applicable Clauses 52.212-2, Evaluation - Commercial Items (JAN 1999) is applicable to this procurement. This is a lowest price technically acceptable (LPTA) solicitation. The evaluation factors, in descending order of importance, are: 1. Acceptability: To determine acceptability the Government will evaluate each vendor's ability to provide the services in accordance with the SOW. a. Technical proposal that addresses all of the requirements in Section 5 of the SOW b. Resumes that show the required experience in Section 1.3.3 c. Training instructors must have a driving record with no infractions for the past 2 years, no DUI or DWI charges. 2. Lowest Price: The Government will evaluate the total overall price to determine accuracy, completeness, and reasonableness. To be considered, all quotes must be received by the Contract Specialist, Kelson Baker, via email at Kelson.A.Baker@uscg.mil in Adobe pdf format no later than 5:00 PM (Eastern Time) on May 1, 2012. The following FAR provisions and clauses are applicable to this procurement: 52.202-1 - Definitions; 52.212-3 and its ALT I (Jun 2008), Offeror Representations and Certifications. Certification and Representations shall be submitted via ORCA website at https://orca.bpn.gov/publicsearch.aspx Commercial Items; 52.204-7 Central Contractor Registration (Apr 2008); 52.212-4 Contract Terms and Conditions - Commercial Items (June 2010); Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2012) (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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (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: _X_ (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). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jan 2012) (41 U.S.C. 2313). __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders(Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(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). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (Nov 2011). __ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Nov 2011). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). __ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). __ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 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)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (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.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (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) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999). 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 30 days before the contract expires. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days of its expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. 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 52.203-5 Covenant Against Contingent Fees (April 1984); 52.203-7 Anti-Kickback Procedures(October 2010); 52.204-2 Security Requirements (August 2006); 52.204-6 Data Universal Numbering System (DUNS) Number(April 2008); 52.204-7 Central Contractor Registration (Apr 2008); 52.204-8 Annual Representations and Certifications(Nov 2011); 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment(Dec 2010); 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts(May 2008); 52.232-25 Prompt Payment(Oct 2008); 52.233-2 Service of Protest (Sept 2006); 52.227-14 Rights in Data General (Dec 2007); 52.233-4 Applicable law for Breach of Contract Claim (Oct 2004); 52.243-1 Changes--Fixed Price(Aug 1987); 52.244-6 Subcontracts for Commercial Items(Dec 2010); 52.249-1 Termination for convenience of the Government (Fixed price) (Short Form) (Apr 1984); 52.252-2 Clauses incorporated by reference (Feb 1998); and 52.252-6 Authorized Deviations in Clauses (Apr 1984); HSAR 3052.247-72 - F.O.B. destination only. 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, if applicable, will be specified on each task order. (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. ADDITIONAL CLAUSES AND PROVISIONS Invoicing: Each invoice shall contain the following information: (1) Contract or Delivery/Task Order Number (2) Name of the Contract Specialist or Contracting Officer (3) Invoice Routing Code (IRC) assigned by the Coast Guard (4) Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes. (a) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: (Contracting Officer Insert applicable Invoice Routing Code (IRC) here from the list provided in Enclosure 1 (e.g. PCB-1, CG-9121, etc.) or as specified here: http://cgweb.fincen.uscg.mil/centralinv/ under "WINS Remote Site Invoice Routing Code (IRC) Lookup") (b) Each invoice must be submitted to the designated billing office via one of the following modes, listed in descending order of preference: (1) FINCEN Website invoice receipt form: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm (2) Fax: (757-523-6900) (3) Mailed to: Commercial Invoices, U.S. Coast Guard Finance Center, 1430A Kristina Way Chesapeake, VA 23326 (c) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract. (d) Supporting documentation along with a courtesy copy of the invoice may also be e-mailed to the Contract Specialist and/or COTR at the addresses cited below: Kelson.A.Baker@uscg.mil Contract Specialist (CTR) Rober.A.Mann-Thompson@uscg.mil Contracting Officer (e) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received: (1) On the later of: (i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt. (ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or (ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless- a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date; (2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or (3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice. (4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. (5) Payment inquiries and status may be obtained - at the following website: -https://www.fincen.uscg.mil/secure/payment.htm. Notice For Filing Agency Protests 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 Contracting Office Address: USCG Headquarters (CG-9121) 2100 2nd St. SW Washington, DC 20593-0001 Point of Contact: Robert A. Mann-Thompson Contracting Officer Robert.A.Mann-Thompson@uscg.mil Phone: 202-475-3781 Point of Contact: Kelson A. Baker Contract Specialist (CTR) Kelson.A.Baker@uscg.mil Phone: 202-475-3716
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Place of Performance: Address: See SOW, United States
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