Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 29, 2017 FBO #5697
MODIFICATION

66 -- Doppler Speed Log (DSL) Refreshement

Notice Date

6/27/2017
 

Notice Type

Modification/Amendment
 

NAICS

334511 — Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), C4IT (C3CEN), Coast Guard Blvd, Portsmouth, Virginia, 23703, United States
 

ZIP Code

23703
 

Solicitation Number

HSCG44-17-R-170052
 

Point of Contact

Katherine Marie Kearney, Phone: 7572952280
 

E-Mail Address

katherine.m.kearney@uscg.mil
(katherine.m.kearney@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

HSCG44-17-R-170052 Doppler Speed Log (DSL) Refreshment Project Issued by: United States Coast Guard Command, Control, and Communications Engineering Center (C3CEN) Command, Control, Communications, Computers and Information Technology Service Center (C4IT-SC) 4000 Coast Guard Boulevard Portsmouth, VA 23703 Proposal Due Date/Time: July 14, 2017 at 2:00 PM Eastern Standard Daylight Time   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 applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are 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(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. 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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests USCG procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is 202.372.3695.   PART 1 - General Information i. This is a combined Synopsis/Solicitation. This acquisition is being conducted as a full and open competition for commercial items or services prepared in accordance with the FAR Parts 12 and 15, as appropriate. In accordance with FAR 12.203, streamlined procedures will be used for this acquisition. This announcement constitutes the only solicitation; proposals are being requested; and a separate written solicitation will not be issued for this combined synopsis/solicitation. The solicitation number is HSCG44-17-R-170052. This solicitation is for a Doppler Speed Log (DSL) Refreshment project as a part of a strategy to upgrade currently installed DSL with newer, supportable components/systems for installation on its fleet of boats on United States Coast Guard (USCG) cutters. The Doppler Speed log provides for accurate speed measurements in coastal areas providing for safe navigation by USCG Cutters. The DSL interfaces with USCG Command and Control (C2) system "Sea Watch Command and Control". Doppler Speed Log also acts as a backup for GPS providing a speed through the water input to installed C2 systems onboard USCG Cutters. This requirement is in support of the USCG Command, Control, Communications Engineering Center (C3CEN) Command, Control, Communications, Computers and Information Technology Service Center (C4IT-SC). ii. The Government intends to award a single award Indefinite Delivery- Indefinite Quantity (IDIQ) contract with Firm-Fixed-Price (FFP) delivery orders for a DSL from the date of the award through sixty (60) calendar months per subject to availability of funds. The delivery and warranty requirements apply based on date of acceptance. iii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular: 2005-89. iv. The North American Industrial Classification System (NAICS) number is 334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing. The business size standard is 1250 employees. The proposed acquisition is 100% full and open competition. v. IDIQ CLIN Structure: The IDIQ Contract Line Item Number (CLIN) structure shall be from the date of award through sixty (60) calendar months. The final price schedule will be incorporated into the Contract based on the negotiated prices established in "DSL Attachment 7 Cutter Config 2.4". Discounts will not be retroactive but will be utilized to determine the prices for future orders in the same FY. CLIN DESCRIPTION Unit of Issue AMOUNT 01 Base Ordering Period each Dollars, US The Contractor shall furnish all labor, materials and facilities necessary to deliver Installation kits and/or Spares per ship set as delineated in individual FFP Orders utilizing the final price schedule. The Government may order any combination of Installation kits and spares as determined necessary. The base contract ordering period is 5 years from date of award per subject to availability of funds. IDIQ Contract Maximum Amount $9,989,250.00 vi. Description of Requirement: The Government requires an IDIQ contract for a DSL that will interface with the existing shipboard equipment and retain the functional characteristics and performance as the original system(s) on USCG cutters. The original DSL system consists of SRD-421S, SRD-331, and SRD-500, DSN-450, Naviknot 400, EML 500, and EML 2000 speed log systems. The hardware, software, and component requirements are provided in "DSL 1Speed Log Specifications" herein referred to as the DSL. DSL shall accommodate various equipment configurations based on platform mission requirements. Cutter configurations are provided in "DSL Attachment 7 Cutter Configs 2.4". The Government's objective is to have the vendors propose components that are available for a minimum of three years after contract award. The USCG requires the capability for shallow water depth measurement (up to 200 meters). To mitigate the risk of system degradation over time due to component obsolescence and to ensure system-integrated operation is maintained, the manufacturer may propose upgrades to existing devices and/or propose Form/Fit/Function next-generation devices under this contract. DSL may be ordered for currently operational or contracted vessels Currently there are 218 such vessels requiring such installations over the next (5) five years as the USCG standard speed measuring system and may be installed on future vessels added to the USCG fleet during the 5-year contract period. This is a commercial item acquisition in accordance with FAR Part 12 and FAR Part 15, as appropriate. The supplies to be provided under the contract are considered commercial as defined by FAR Subpart 2.101. The types of supplies described in "DSL Attachment 1 Speed Log Specifications" are customarily used by non-governmental entities for purposes other than government purposes. vii Unless otherwise specified in the individual delivery orders, products shall be packaged and marked in accordance with "Attachment 2 Packing and Marking Instructions". The Contractor shall provide a packing slip which shall accompany each carton with information identifying the contract number, the order number, a description of the hardware/software enclosed (manufacturer name, model number, serial number), and the customer point of contact. Individual Delivery Orders will identify specific shipping instructions, delivery locations, etc. a) For purposes of this contract, a Fiscal Year (FY) is defined as the period of October 01 through September 30. b) The first order will be issued at the time of contract award. Each order issued hereunder shall refer to this contract and be subject to the terms hereof. The Contractor is not authorized to incur costs or commence performance under this contract until an order is issued by the Contracting Officer. c) Orders may be written from the effective date of the contract through the end of the 60th month. (If the option is exercised) d) The awardees' completed "DSL Attachment 7 Cutter Configs 2.4" will be incorporated as the pricing schedule under the awarded IDIQ contract. e) Any Order issued during the effective period shall be completed 12 months after the end date of the ordering period. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the period stated in the order. viii The provision at FAR 52.212-1 Instructions to Offerors - Commercial Items (Jan 2017) applies to this acquisition and is further tailored in PART 5 of this combined synopsis/solicitation. ix The provision at FAR 52.212-2 Evaluation - Commercial Items (Oct 2014) applies to this acquisition and is further tailored in PART 6 of this synopsis/solicitation. x. The provision at FAR 52.212-3 (Jan 2017) Offeror Representations and Certification - Commercial Items applies to this acquisition. The offeror shall complete only paragraphs (b) of the provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of the provision. The full text of this provision is available at http://www.acquisition.gov/far or http://www.acqnet.gov/far. xi The Clause at FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017) is applicable to this acquisition and additional addenda are contained herein. xii The Clause at FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (DEVIATION 2013-O0019) (JAN 2017) is applicable to this contract and is further clarified in PART 3 of this synopsis/solicitation. xiii The Clause at FAR 52.211-9 Desired and Required Time of Delivery (Jun 1997) ALT III (Apr 1984) is applicable and further clarified in PART 3 of this synopsis/solicitation. xiv Additional terms and conditions applicable to this acquisition are contained herein. xv The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition. xvi It is the offeror's responsibility to ensure their offer is received (in total) by the proposal DUE DATE OF July 14, 2017 by 2 PM Eastern Standard Daylight Time. Offerors are hereby notified that if your proposal is not received by the date, time and location specified (see below) in this announcement, it will not be considered. Proposals shall uploaded to https://safe.amrdec.army.mil/SAFE/ and to be sent to email address Katherine.M.Kearney@uscg.mil. Be sure to set the email settings to include notification of when file downloads are completed and require a CAC for pick up. Also send an email notification that the proposals have been sent via the Safe Site to both of following addresses: D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil and Stephen.A.Clark@uscg.mil. xvi All questions shall be submitted on a PDF or Word document and submitted by email to D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil, Katherine.M.Kearney@uscg.mil and Stephen.A.Clark@uscg.mil no later than 12:00 pm Eastern Standard Daylight Time on or before June 28, 2017. Question submitted after the specified date run the risk of not being answered. NOTE: The C4IT-SC, Contracting and Procurement Division may utilize two contract support entities [BSC (Prime) and MAIC (Sub)] in connection with this procurement. These contract-support personnel may have access to your proposal submission, contract award information, and invoices for payment processing. Access is For Official Government Use Only: The contractor personnel do not make inherently governmental decisions and they are required to handle all information to which they have access securely and confidentially. If it becomes necessary the offerors will be notified and will be required to enter into non-disclosure agreements with these third party contractors, in accordance with FAR Subpart 9.505-4 - Obtaining access to proprietary information. PART 2 - IDIQ Contract Specific Information 1. Minimum Guarantee - Obligated at time of award The minimum guaranteed amount for this award is $150,000.00 throughout the period of performance of this contract. Orders beyond the minimum will be determined by Government needs. The Government has no obligation to issue orders to the Contractor beyond the $150,000.00 minimum guaranteed amount. The contract award will include an obligation of $150,000.00 which satisfies the minimum guarantee for the contract. The combined maximum cumulative dollar amount that may potentially be awarded is $9,989,250.00 million. The maximum aggregate dollar value of all delivery orders awarded cannot exceed the maximum contract dollar amount. 2. Billing The Contractor may submit an invoice for all materials necessary for the completion of the delivery order after the materials have been received, inventoried, and accepted by the COR. The Contractor shall submit an invoice upon completion of delivery order for all other deliverables. The delivery order may contain further billing schedules if required. Submission of Invoices -Payment Instructions Electronic submission of invoices is mandatory for all Orders under this Contract. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. Invoices will be submitted after delivery, and inspection and acceptance of installation kits and/or spares. Invoices will not be paid until after inspection and acceptance has been completed at Destination and verified by the COR. The Contractor shall maintain careful records of shipping and delivery and shall provide fully documented Proof of Delivery (POD) with all invoices. Each POD in "Attachment 3- DHS Form 700-21" must be readable, must indicate date and quantity delivered, and must be signed by a federal employee to ensure ownership is taken by the Government at the USCG storage location. Invoices must include the below information to be accepted. Invoices/PODs not properly prepared will not be accepted for payment. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment. Invoices must include the following information: • Name and address of the Contractor (the name on the invoice must match the name listed on the Order) • Invoice date and number • Contract number, Order number, and Contract Line Item Numbers (CLINs) • Product Name • Quantity invoiced unit price and total price. • Invoice date • Period of Performance covered by the invoice • Terms of any discount for prompt payment offered • Name and address of official to whom payment is to be sent • Name, title, phone number, and e-mail address of person to notify in event of defective invoice • Taxpayer Identification Number (TIN) and DUNS Number • Government signed Proof of Delivery. The Contractor shall submit all invoices for supplies or services via the U.S. Coast Guard Finance Center (FINCEN) website at: www.fincen.uscg.mil (1) Select "Submitting Invoices" under "Vendors" on the right hand side of the screen. (2) Select "Coast Guard Vendors" (3) Select "Coast Guard Award Invoices or Contract/Order Invoice" (4) Select "Online: Coast Guard Award Invoices or Contract/Order Invoices " (5) Go to Step 3 (if contractor has already created a PDF invoice) to complete the "Contractor Invoice Submission Form". The electronic submission requires the contractor to: (1) Complete the Contractor Invoice Submission Form (located at the above website) (2) Select the correct Invoice Routing Code, which is C3CEN (the Contractor shall select the correct Invoice Routing Code for timely invoice processing.) (3) Attach a single PDF file, which can be no larger than 3 MB, containing the invoice and any necessary supporting documentation. (Grey-scale PDFs and Portfolio PDFs are not compatible.) (4) If the single PDF file is larger than 3 MB: Complete the Contractor Invoice Submission Form via the website and attach the invoice document only and e-mail other supporting documentation A copy of the invoice and any supporting documentation (i.e., travel expense reports, travel receipts, etc) shall also be e-mailed to the Contract Specialist, Contracting Office, and COR at the e-mail addresses cited below: Contract Specialist: Katherine.M.Kearney@uscg.mil Contracting Office: D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil Contracting Officer: Stephen Clark - Stephen.A.Clark@uscg.mil COR: ETCM David Donahue David - David.Donahue@uscg.mil The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the USCG Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is C3CEN. Visit the USCG Finance Center Website for instructions regarding invoice attachments: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm A copy of the invoice and any supporting documentation shall also be e-mailed to Katherine.M.Kearney@uscg.mil and Stephen.A.Clark@uscg.mil. In addition, the final invoice submitted under each awarded Delivery order, shall be clearly marked and labeled as the final invoice. The final invoice shall be accompanied by a fully completed and signed (by the Contractor) DHS Contractor's Release form (DHS Form 700-3), which is located at "Attachment 4- DHS Form 700-3". Ordering: (a) The contractor shall incur costs under this contract only in the performance of Orders and modifications to Orders issued by the Contracting Officer in accordance with this procedure. No other costs are authorized without the express written consent of the Contracting Officer. (b) The contract includes stepladder pricing that affords the Government reductions in price based on quantities procured during an individual Government FY. In addition, the contractor agrees to downward adjust prices for the Commercial components when the successful awardees' published price list is less than the price established in the initial award. (c) The Government will place FFP delivery orders using the stepladder pricing in "DSL Attachment 7 Cutter Configs 2.4" for ordering periods by Government fiscal year for Installation Kits and/or spares. Contract Line Items will be defined for individual vessel class for Installation kits and/or spares in the Request for Order. (d) Orders will be issued by the Contracting Officer to the contractor incorporating (i) the delivery order to be performed, (ii) spare parts and installation kits ordering, (iii) the required delivery dates and overall period of performance, and, (iv) any Government-furnished information. PART 3 - Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations# (End of clause) FAR Clause Number FAR Clause Title Date 52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights APR 2014 52.204-4 Printed or Copied Double Sided on Recycle Paper MAY 2011 52.211-17 Delivery of Excess Quantities SEP 1989 52.212-4 Contract Terms and Conditions -- Commercial Items JAN 2017 52.217-9 Option to Extend the Term of the Contract MAR 2000 52.227-19 Commercial Computer Software License DEC 2007 52.232-40 Providing Accelerated Payments for Small Business Subcontractors DEC 2013 52.233-3 Protest After Award AUG 1996 52.244-6 Subcontracts for Commercial Items JAN 2017 52.247-34 F.O.B Destination NOV 1991 52.252-6 Authorized Deviations in Clauses APR 1984 52.253-1 Computer Generated Forms JAN 1991 Contract Clauses - Full Text 52.211-9 -- Desired and Required Time of Delivery. (JUN 1997) (a) The Government desires delivery to be made according to the following schedule: DESIRED DELIVERY SCHEDULE [within 30 days after the date of receipt of a written notice of Delivery Order Award ITEM NO. QUANTITY WITHIN 30 DAYS AFTER DATE OF DELIVERY ORDER AWARD Items will be identified on Individual Delivery Orders Quantity to be defined per individual delivery orders If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows: REQUIRED DELIVERY SCHEDULE [within 60 days after the date of receipt of a written notice of Delivery Order Award no more than 120 days for 1st Delivery order ITEM NO. QUANTITY WITHIN 60 DAYS AFTER DATE OF DELIVERY ORDER AWARD Offers that propose delivery of a quantity under such terms or condition that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF DELIVERY ORDER AWARD (End of Clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). __X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). _X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. __X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d) (2) and (3)). __X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Nov 2016) of 52.219-9. ___ (iii) Alternate II (Nov 2016) of 52.219-9. ___ (iv) Alternate III (Nov 2016) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). _X__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). _X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) _X_(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). ___(36) Paycheck Transparency (Executive Order 13673 ) (Oct 2016). ___ (37) (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.) ___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). ___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). ___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. __X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (45) 25.223-20, Aerosols (Jun 2016) (E.O. 13693). ___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696). ___(47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a) ___(ii) Alternate I (Jan 2017) of 52.224-3 ___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. __X_ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _X_(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). _X_(61) 52.242.-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637 (d) (12)). _X_(62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). ___(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 205 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016). (xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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 52.204-1 Approval of Contract (DEC 1989) This contract is subject to the written approval of Deputy Head of Contracting Activity and shall not be binding until so approved. (End of clause) FAR 52.216-18 - Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through 5 years (if option is exercised). (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) FAR 52.216-19 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of $6,000,000.00; (2) Any order for a combination of items in excess of $9,990,000.00; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.216-22 Indefinite Quantity. (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after issuance of delivery order. All orders shall be issued by the last day of the ordering period with all deliveries made not later than 12 months after the date of order. (End of clause) 52.227-14 -- Rights in Data - General (May 2014) (a) Definitions. As used in this clause-- "Computer database" or "database" means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software. "Computer software"-(1) Means (i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and (ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. (2) Does not include computer databases or computer software documentation. "Computer software documentation" means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software. "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. "Form, fit, and function data" means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating, and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software. "Limited rights" means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of subparagraph (g)(2) if included in this clause. "Limited rights data" means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications. "Restricted computer software" means computer software developed at private expense and that is a trade secret; is commercial or financial and is confidential or privileged; or is copyrighted computer software, including minor modifications of the computer software. "Restricted rights," as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software. "Technical data" means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116). "Unlimited rights" means the right of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. (b) Allocation of rights. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in- (i) Data first produced in the performance of this contract; (ii) Form, fit, and function data delivered under this contract; (iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and (iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause. (2) The Contractor shall have the right to- (i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause; (ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause; (iii) Substantiate use of, add or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and (iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause. (c) Copyright- (1) Data first produced in the performance of the contract. (i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may establish, without prior approval of the Contracting Officer, claim to copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract. (ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notice of 17 U.S.C. 401 or 402, and acknowledgment of Government sponsorship (including contract number), to the data when such data are delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. (iii) For data other than computer software, the Contractor grants to the Government and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. For computer software, the Contractor grants to the Government and others acting on its behalf, a paid up, nonexclusive, irrevocable worldwide license for all such computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public), by or on behalf of the Government. (d) Release, publication and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except- (1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations); (2) As expressly set forth in this contract; or (3) If the Contractor receives or is given access to data necessary for the performance of this contract which contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless otherwise specifically authorized otherwise in writing by the Contracting Officer. (e) Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g)(4) of this clause and use of the notices is not authorized by this clause, or if such data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings. (i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions. (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in subdivision (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be canceled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination shall become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision. The Government shall continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer's determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of this clause from brining a claim, in accordance with the Disputes clause of this contract, that may arise as a result of the Government removing or ignoring authorized markings on data delivered under this contract. (f) Omitted or incorrect markings. (1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of such data, permission to have authorized notices placed on qualifying data at the Contractor's expense, and the Contracting Officer may agree to do so if the Contractor- (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the use of the proposed notice is authorized; and (iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, the Contracting Officer may- (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized, or (ii) Correct any incorrect notices. (g) Protection of limited rights data and restricted computer software. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall- (i) Identify the data being withheld; and (ii) Furnish form, fit, and function data instead. (2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software. (3) [Reserved] (h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government such rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer. (i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government. (End of Clause) (g) (3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. If delivery of that data is required, the Contractor shall affix the following "Limited Rights Notice" to the data and the Government will treat the data, subject to the provisions of paragraphs (e) and (f) of this clause, in accordance with the notice: Limited Rights Notice (Dec 2007) (a) These data are submitted with limited rights under Government Contract No. _____ (and subcontract ______, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Contractor, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any; provided that the Government makes such disclosure subject to prohibition against further use and disclosure: [Agencies may list additional purposes as set forth in 27.404(c)(1) or if none, sostate.] (b) This Notice shall be marked on any reproduction of these data, in whole or in part. (End of notice) The Homeland Security Acquisition Regulation (HSAR) clauses indentified below also apply to this acquisition (full text available at http://farsite.hill.af.mil/VFHSARA.THM) : HSAR 3052.209-70, Prohibition on contracts with corporate expatriates. (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) HSAR 3052.212-70 Contact Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: Clauses. 3052.203-70 Instructions for Contractor Disclosure of Violations. 3052.204-70 Security Requirements for Unclassified Information Technology Resources. 3052.204-71 Contractor Employee Access. Alternate I 3052.205-70 Advertisement, Publicizing Awards, and Releases. 3052.228-70 Insurance. 3052.242-72 Contracting Officer's Technical Representative. 3052.247-72 F.O.B. Destination Only. PART 4 - Contract, Documents, Exhibits, and Attachments Attachment 1 - DSL Speed Log Specification Attachment 2 - DSL Packing and Marking Instructions Attachment 3 - Invoice Submission Instructions and DHS Form 700-21 Attachment 4 - DHS Contractors Release Form 700-3 Attachment 5 - DSL Proposal Crosswalk Attachment 6 - Past Performance Questionnaire Attachment 7 - Cutter Configs 2.4 Attachment 8 - SFLC Standard Specifications 0860 PART 5 - Provision and Proposal Submission Instructions Addenda 52-212-1, Instructions to Offerors - Commercial Items (Jan 2017) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far; https://www.dhs.gov/acquisition-policies-regulations# (End of provision) FAR Provision Number FAR Provision Title Date 52.222-24 Pre-award On-Site equal Opportunity Compliance Evaluation Feb 1999 52-225-18 Place of Manufacture Mar 2015 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran -Representation and Certifications Oct 2015 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including delivery and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) Proposal Submission Instructions Addenda 52-212-1, Instructions to Offerors - Commercial Items (Jan 2017) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 334511 Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing, small business size standard is 1250 employees. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers - Tailored Offeror shall submit a complete proposal, as specified below, electronically via e-mail No Later Than July 14, 2017 at 2:00 PM Eastern Standard Daylight Time E-Mail: Proposals shall uploaded to https://safe.amrdec.army.mil/SAFE/ and to be sent to email address Katherine.M.Kearney@uscg.mil. Be sure to set the email settings to include notification of when file downloads are completed and require a CAC for pick up. Also send an email notification that the proposals have been sent via the Safe Site to both of following addresses: D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil and Stephen.A.Clark@uscg.mil. Offeror shall submit a signed and dated proposal on company letterhead stationery that contains, at a minimum, the following sections and information: 1. Cover Page/Letter shall include the following at a minimum: a. Request for Proposal (RFP) number b. The time specified in the solicitation for receipt of offers c. Name, Address, Telephone Number, and DUNS Number of the Offeror d. Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Offeror e. If applicable, subcontractor name(s) and DUNS number(s) f. A statement specifying the extent of agreement with all terms, conditions, and provisions included in this RFP. g. Cover Letter shall be signed and dated 2. Submission requirements -Submission of offers shall also include a. Acknowledgment of Solicitation Amendments b. A technical description of the items being offered in sufficient detail to evaluate compliance with the solicitation (Note: This may include product literature or other documents as necessary.) c. Proposed warranty terms and conditions d. Completed DSL Attachment 5 Proposal Crosswalk e. Proposed pricing Schedule with Stepladder pricing and any proposed discount terms. (Completed DSL Attachment 7 Cutter Configs 2.4) f. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3 (Jan 2017) for Offeror Representations and Certifications that the offeror shall complete electronically); g. A statement specifying the extent of agreement with all terms, conditions and provision included in the solicitations. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. h. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information) i. Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. j. Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during pre-award testing. k. Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. l. Late submissions, modifications, revisions, and withdrawals of offers. m. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. n. (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (o) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (p) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978). (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites-- (i) ASSIST (https://assist.dla.mil/online/start/ ). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (q) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (r) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) Instructions to Offerors: The Government intends to award without discussions. Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The proposal shall be submitted in three volumes. Volume 1: Cover Letter shall include the Offeror's name and address; USCG solicitation number; DUNS number; CAGE number; Offeror's point of contact including their phone number and e-mail address, and the date the Offeror's proposal expires and acknowledgment of solicitation Amendments if applicable. Volume 2: Shall include A technical description of the items being offered in sufficient detail to evaluate compliance with the solicitation (Note: This may include product literature or other documents as necessary.), "DSL Attachment 5 Proposal Crosswalk", Warranty Terms and Conditions (Sub-factor 2), and "DSL Attachment 6 Past Performance Questionnaire". Offerors shall fill out clause 52.211-9 -- Desired and Required Time of Delivery. (Jun 1997) and provide details of delivery times for purchase of installation kits, spares and repair items. Volume 3: Shall include Proposed pricing Schedule with Stepladder pricing and any proposed discount terms. (Completed DSL Attachment 7 Cutter Configs 2.4,) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3 (Jan 2017) for Offerors Representations and Certifications that the offeror shall complete electronically). A statement specifying the extent of agreement with all terms, conditions and provision included in the solicitations. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. Volume 2 Technical Capability Section Volume 2 has three sub-factors under Technical Capability Section. Sub-factor 1- Speed Log Specifications Offerors shall address their proposed products for meeting the specifications outlined in Attachment 1 - "Speed Log Specifications" in sufficient detail to determine technical capability. Offerors shall complete the "DSL Attachment 5 Proposal Crosswalk" and provide as part of the Technical Capability requirement. The offeror's proposed products will be evaluated against the specifications requirements. Sub-factor 2 - Warranty Terms and Conditions Offerors shall provide proposed terms and conditions to include: duration of the warranties, the offeror's timeline and conditions for the commencement of warranty period. Objective: The USCG is looking for warranty terms and conditions that provide warranty periods that commence upon installation of the system/component. • Duration of the warranties • Timeline for the commencement of warranty period • Conditions for the commencement of warranty period Objective: The speedlog shall be free from defects in materials and workmanship for no less than two (2) years from the date of acceptance. Objective: The Contractor shall contact the Cutter's unit to arrange a resolution of a warranty claim within twenty-four (24) hours after receiving notification by the Coast Guard. Objective: A 2-year, standard commercial warranty which commences date of installation. • Offeror's timeliness associated with obtaining replacement equipment. • Whether replacement or repair will be utilized for the affected equipment. • The turnaround for the affected unit. • Mean time to Repair. • How the warranty terms and conditions support the USCG Logistics System. USCG procurement and logistics system does not use a "Just In Time" delivery methodology for equipment to the fleet. As a result, new equipment will remain in climate controlled limited-access storage until needed for installation or repair. The USCG supports operations throughout the world, and minimizing the impact of mission-critical equipment casualties is paramount. Offeror's shall provide details of how the proposed warranty terms address timelines associated with obtaining replacement equipment, whether replacement or repair will be utilized for the affected equipment, and the turnaround for the affected unit. The offerors shall demonstrate how the proposed warranty terms and conditions support the USCG priority of minimizing the mean time to repair, as well as providing appropriate warranty coverage that takes the USCG storage of equipment prior to installation into account. Sub factor 3 - Logistics Offeror's shall provide details on how software updates will be implemented, and how the system will continue to meet all of the minimum specifications and functions over the life of the contract. The offeror will address what can be offered to minimize the system's logistical footprint as well as address scalability possibilities maximizing use of common components across the various configurations. This evaluation will also include the degree to which the offeror will provide Government rights to the manuals and other documentation provided as part of the system. The Government's objective is to obtain the right to use and supplement the information contained in this documentation. In addition, this evaluation review the offeror's proposed timelines associated with: notification of software updates, notification of product end of life and reparability, and how the offeror will provide replacement components that meet all minimum specifications (form, fit, power and functions) for the life of contract period. Objective: Provide USCG with historical data for component failure on, to allow USCG to develop reliability centered preventative maintenance procedures. • How are the software updates implemented. • Maintain minimum specifications during entire life cycle. • What does the vendor offer to minimize logistics footprint and maintain common components across configurations. • Manuals and associated documentations provided? • Vendor notification timeline for software updates, end of life repair ability, fit form function replacement for life of contract period. Note: The CG has a stringent configuration control process that necessitates, at minimum, 12 months for approval/inclusion of any replacement parts. Past Performance Offerors shall submit at least three (3) relevant past performance references for contracts with the private industry or government instrumentalities (Federal, state, or local) utilizing the "DSL Attachment 6 Past Performance Questionnaire". The Offeror shall complete Section A of the "DSL Attachment 6 Past Performance Questionnaire" and return to the Government. The Offeror shall NOT complete Section B. It is the Offeror's responsibility to ensure the customer POC information in Section A of the Past Performance Questionnaire is valid; if the customer POC is invalid, the Past Performance Questionnaire will not be considered. The past performance services must have been performed within the past three years. If there is no relevant past performance, submit a statement to that effect. Volume 3: Price Offerors shall complete and submit the "DSL Attachment 7 Cutter Configs 2.4". All fill-in cells are shaded in green. All tabs in the workbook are to be filled out except for the tab titled, "Class Numbers". All fill-in cells are shaded in green and shall be filled in by the Offeror. Solicitation Limitations All proposals shall be limited to 40 pages (all volumes/all documents) with page numbers in sequential order, per volume. All attachments defined herein are excluded from the page count. Offerors shall also complete all provisions and fill in all required clauses which are also excluded from the page count. Minimum acceptable font size is 12 point and 9 point for tables, charts, or graphs. Page size shall be letter size (8.5" x 11"), but tables, charts, or graphs may be on legal size 8.5" x 14". Proposals shall include the solicitation number on all submissions. It is each Offeror's responsibility to ensure the proposal is received. It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in the Request for Proposal. All questions/concerns regarding this Solicitation shall be submitted in writing to the Contracting Specialist Katherine Kearney at Katherine.M.Kearney@uscg.mil, D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil, and Stephen.A.Clark@uscg.mil no later than June 28, 2017 at 12:00 PM Eastern Standard Time. FAR 52.215-20-Requirements for Certified Cost or Pricing Data and other than Certified Cost or Pricing Data ALT IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide information described below: 1) Information on prices at which the same or similar products have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include the following: (i) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (ii) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market. PART 6 - IDIQ Award Evaluation Criteria Addenda to 52.212-2, Evaluation - Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Selection under this solicitation shall be based on the responsible offeror whose proposal represents in the Government's estimation, provides the greatest overall benefit in response to the requirement resulting in the best value for the Government. The following factors shall be used to evaluate offers: Technical Business/Cost Technical Capability 1. Specifications 2. Warranty 3. Logistics Plan Past Performance Price Basis of Award: In performing the best value, all non-cost evaluation factors, when combined, are significantly MORE IMPORTANT than cost/price. Technical Capability sub-factors are listed in descending order of importance: specifications, warranty, and logistics plan warranty. Technical Capability is significantly more important than Past Performance. Factor 1: Technical Capability: The Government will evaluate each offeror's technical capability to determine their capability to perform and their understanding of all the requirements outlined in "DSL Attachment 1 Speed Log Specifications". This will include the evaluation of the following: Sub factor 1 - Speed Log Specifications Offerors demonstrated ability to meet the specification requirements provided in "DSL Attachment 1 Speed Log Specifications". The Government will evaluate each offerors' demonstrated ability to meet the specification requirements provided in "DSL Attachment 1 Speed Log Specifications". The evaluation of this sub-factor will be based on the offeror's demonstrated capability to provide the required specifications. Any proposed product specifications that exceeds the minimum will be evaluated to determine the impact of the operational effectiveness and the benefit derived by the Government. Offerors are to provide a completed DSL Proposal Crosswalk 5. The Government will use the "DSL Attachment 1 Speed Log Specifications" and "DSL Attachment 5 Proposal Crosswalk" in the evaluation of the Offerors proposal to review the proposal for completeness and a check off of how the specifications were addressed to include details that demonstrate how the offeror's proposed products will meet the requirements of the specifications. Offerors failure to demonstrate how the specifications are met or failure to complete the proposal crosswalk could be considered an incomplete response to this request for proposal. Sub factor 2 - Warranty Terms and Conditions This sub factor will be evaluated on the offeror's proposed terms and conditions to include: duration of the warranties, the offeror's timeline and conditions for the commencement of warranty period. The offeror's proposed warranty terms will be evaluated on the timelines associated with obtaining replacement equipment, whether replacement or repair will be utilized for the affected equipment and the turnaround for the affected unit. The offeror's proposal will be evaluated on the mean time to repair, and how the Warranty terms and conditions support the USCG logistics system warehousing into account. Sub factor 3 - Logistics plan The quality of the offeror's proposed logistics plan will be evaluated on the overall approach to deliver, sustain, maximize component commonality and provide continuity of the proposed components up to the full vessel kit quantity over the five (5) year total ordering period plus the warranty duration for all items ordered. The logistics plan evaluation will include a review of how software updates will be implemented, and how the system will continue to meet all of the minimum specifications and functions over the life of the contract. The evaluation will also include a review of how the offeror addresses what can be offered to minimize the system's logistical footprint as well as address scalability possibilities and maximal use of common components across the various configurations. This evaluation will also include the degree to which the offeror will provide Government rights to the manuals and other documentation provided as part of the system. The Government's objective is to obtain the right to use and supplement the information contained in this documentation. In addition, this evaluation review the offeror's proposed timelines associated with: notification of software updates, notification of product end of life and reparability, and how the offeror will provide replacement components that meet all minimum specifications (form, fit, power and functions) for the life of contract period. Note: The Coast Guard has a stringent configuration control process that necessitates, at minimum, 12 months for approval/inclusion of any replacement parts. Factor 2: Past Performance: The Government will evaluate the offeror's recent and relevant past performance. The Government will evaluate an offeror's past performance based on any of the following: (1) past performance questionnaires/surveys, (2) the Past Performance Information Retrieval System (PPIRS), and/or any other available source. The offeror's past performance will be evaluated based on the degree to which current and previous contract efforts indicate the probability of the offeror successfully fulfilling the contractual requirements. Past performance information received from the offeror shall be within the past 3 years or ongoing and be relevant to this requirement (i.e., the same or similar requirement.) Current performance will have a greater impact in the evaluation than less recent performance. Although the Government will consider information obtained from other sources, the burden of providing thorough and complete past performance information rests with the offeror. An offeror's lack of relevant past performance will not be evaluated favorably or unfavorably and will be rated as "neutral". Factor 3: Price: The Government will evaluate price based on total evaluated price and will be based on a formula that utilizes the projected number of installations (kits and spares) taking in to consideration the FY and multiplied by the associated step ladder pricing proposed. A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offeror's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/030b2f6c76e7389c79d34f2ba572eacb)
 

Record

SN04559516-W 20170629/170627235725-030b2f6c76e7389c79d34f2ba572eacb (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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