****THIS OPPORTUNITY HAS BEEN REVISED TO REMOVE 8(A) SET ASIDE SELECTION. THIS REQUIREMENT IS NOT AN 8(A) SET ASIDE>
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 U.S. Coast Guard 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 a Coast Guard 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.
This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) subpart 12.6 and subpart 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number 70Z080-23-Q-21367B00 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08, October 28, 2022.
NORTH AMERICAN INDUSTRY CLASSIFICATION STANDARD CODE:
The applicable North American Industry Classification Standard Code is 336318. The small business size standard is 1,500 employees. All responsible small business sources may submit a quotation, which shall be considered by the agency.
AGENCY INFORMATION:
Christina Ayers
Contracting Officer (KO)
(410) 762-6382
Christina.L.Ayers@uscg.mil Florence Harwood
Contract Specialist (KS)
(410)762-6289
Florence.M.Harwood@uscg.mil Mark Lovingood
Contracting Officer’s Representative (COR)
(410) 762-6765
Mark.A.Lovingood2@uscg.mil
The U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC) Medium Endurance Cutter Product Line (MECPL) intends to award a firm-fixed-price contract as a result of this synopsis/solicitation. It is anticipated that a non-competitive contract shall be award as a result of this synopsis/solicitation. All parts must be manufactured by the Original Equipment Manufacturer (OEM) who currently holds the proprietary rights to all technical data, Fairbanks Morse, LLC. Market Research reveals that Fairbanks Morse, LLC is the only source that can manufacture the kits and ensure compatibility with the existing onboard equipment and conformity to the OEM design and material requirements. Drawings, specifications and technical data proprietary to the OEM cannot be furnished by the Government; therefore, items submitted under this RFQ which are for other than OEM parts will be rejected as non-responsible.
The Contractor shall furnish all equipment, labor, and materials to manufacture, inspect, preserve, package, pack, mark and ship items listed below and as detailed in Attachment 2, in accordance with this solicitation and the attached specification document included as Attachment 3.
CLIN
DESCRIPTION QUANTITY FINAL KIT PRICE (to include price breakdown of individual parts on Attachment 2)
0001 5340-01-625-3225, 270’ NO. 1, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT
0002 2815-01-623-7020, 270’ NO. 2, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT
0003 2815-01-623-5594, 210’ A, NO. 1, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT
CLIN
DESCRIPTION QUANTITY MONTHLY FEE FOR STORAGE
0004 STORAGE OF EACH KIT AT CONTRACTOR’S STORAGE FACILITY 3 KITS
SUBMISSION OF QUOTES: E-mail quotations shall be sent to the Contracting Specialist, Florence Harwood @ Florence.m.harwood@uscg.mil. Please indicate 70Z080-23-Q-21367B00 in the subject line. Contractor must affirm that the pricing provided from the quote shall be valid up to the date of contract award. Quotes are due by 3 January 2023.
Anticipated award date is on or about 13 January 2023.
DELIVERY:
a) The Government requires delivery as stated below in accordance with FAR 52.211-8, Time of Delivery (JUN 1997).
REQUIRED DELIVERY SCHEDULE
CLIN P/N NSN, ITEM NAME QTY DUE
0001 2500525 5340-01-625-3225,
270’ NO. 1, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT 90 DAYS AFTER AWARD
0002 2500526 2815-01-623-7020, 270’ NO. 2, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT 210 DAYS AFTER AWARD
0003 2500522 2815-01-623-5594, 210’ A, NO. 1, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT THIS KIT IS NEEDED BY FEB 20, 2023
If delivery times differ for individual line items, please include that information with the submitted quote. If a proposed delivery time is not provided, the required delivery time shall apply. The Government will equally evaluate, with regards to time of delivery, offers that propose delivery schedules of each CLIN within the required delivery period. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be found unacceptable and may be rejected. The Government reserves the right to award under the required delivery schedule or the proposed delivery schedule when an offeror provides an earlier delivery schedule than required above.
OFFEROR’S PROPOSED DELIVERY SCHEDULE
CLIN
DESCRIPTION QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT
0001 5340-01-625-3225, 270’ NO. 1, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT
0002 2815-01-623-7020, 270’ NO. 2, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT
0003 2815-01-623-5594, 210’ A, NO. 1, MDE CENTER SECTION OVERHAUL DIESEL ENGINE KIT 1 KIT
b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.
1. Delivery- FOB: Destination. Prices shall include cost to ship kit to OEM’s storage location. Shipment from storage to designated cutter location will be paid using Government Bill of Lading.
2. Preservation, Packaging, and Marking- Each kit shall be individually preserved, packaged, marked and bar coded in accordance with the attached specification; Section 5.0.
NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein may result in REJECTION of the shipment and return of the shipment at the contractor’s expense.
3. Packing List- All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.
4. Government acceptance- Final acceptance shall be made by a Government representative, contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the individual preservation, packaging, and marking requirements as outlined. Quality Assurance (QA) inspection is required and shall be requested at least ten (10) days prior to readiness for inspection. Satisfactory QA inspection is required before each kit is
shipped to OEM storage facility.
The following clauses, provisions, and addenda applies to this acquisition:
The provision at 52.212-1, Instructions to Offerors-Commercial (NOV 2021), applies to this acquisition and is tailored in its entirety for simplified acquisitions:
(a) Quote shall be submitted electronically to florence.m.harwood@uscg.mil. All submissions shall reference 70Z08023Q21367B00 and include the following information:
1. your company name, address, DUNS, TIN number (see below), and telephone number;
2. your price and any discount terms along with terms of any warranty and your payment address;
3. acknowledgement of any amendments to this RFQ; and
4. a statement that you assent to all terms of this RFQ.
(b) Availability of Government Documents. If the descriptions in this RFQ, of the products or services we want to buy, refer to any Government specification, standard, or commercial item description, you may obtain a copy of any such documents from the places listed in Federal Acquisition Regulation 52.212-1, paragraph (i) and listed in 52.211-3 in this RFQ.
(c) System for Award Management (SAM). Unless exempted by the Contracting Officer, you must register in SAM before we will issue a purchase order to you. If you do not register by the date set by the Contracting Officer, the Contracting Officer might issue the order to a different quoter. Once registered, you must remain registered throughout performance until final payment. Go to https://www.acquisition.gov for information on SAM registration and annual confirmation.
(d) FAR 52.215-20, Requirements for Certified cost or Pricing Data and Data Other than Certified Cost or Pricing Data, Alternate IV (OCT 2010) - Offeror may be required to submit Other than Certified Cost or Pricing Data (in accordance with FAR 15.403-3) to support price negotiations.
(a) Submission of certified costs or pricing data is not required.
(b) If the Contracting Officer determines that discussions regarding the proposed prices are necessary, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold int eh commercial market, or the supporting information, including costs summaries, supplier quotes, or verifiable changes in the price of raw materials or components parts, that is adequate for evaluating the reasonableness of the price for this acquisition.
(e) Required Technical Qualifications – Offeror shall be the OEM, Fairbanks Morse, LLC., or an
authorized dealer/agent of the OEM. Authorized agents shall submit documentation,
including certification from the OEM. Offers submitted by other than the OEM shall include
complete and current technical and engineering data (i.e. salient physical, function and
performance characteristics) or data verifying that the offered equipment has been
satisfactorily manufactured for the Government or OEM in the past. This data must include
sufficient information to allow the Coast Guard to evaluate the offer and shall be submitted
within 5 calendar days from the date this notice is posted. The Government does not intend
to pay for this information, nor will the award of this requirement be delayed to allow for
submission.
Provision at FAR 52.212-2 Evaluation of Commercial Items (NOV 2021):
This is a sole source requirement for OEM parts as defined by FAR 6.302-1. Only one proposal is anticipated; therefore, in accordance with procedures in FAR Part 13.5, evaluation factors are not necessary and will not be used. Award will be made on an all or none basis, multiple awards will not be made.
The Government intends to award a contract, resulting from this solicitation, to the lowest price,
technically acceptable offer. To be technically acceptable, offerors shall conform to the
requirements as provided under addendum (a) to FAR 52.212-1, Required Technical
Qualifications.
The evaluated price will be ascertained by adding together the cost for each line item to
achieve a final price for evaluation purposes. Price evaluation will be performed by the
Contracting Officer to determine price reasonableness of each proposed price and to
determine the Offerors understanding and ability to perform the contract. The Government intends to award without discussions.
Offerors are required to include a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Items (OCT 2022), Alternate I of 52.212-3 (OCT 2014)
The clause at 52.212-4, Contract Terms and Conditions – Commercial Items (NOV 2021), applies to this acquisition and includes the following addenda:
a) FAR 52.246-2, Inspection of Supplies – Fixed Price (Aug 1996).
This solicitation may incorporate one or more provisions and clauses by reference with the same force and effect as if they were given in full text. The full text of a provision or clause may be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm.
FAR 52.203-3 Gratuities (APR 1984)
FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011)
FAR 52.204-7 System for Award Management Registration (OCT 2018)
FAR 52.204-13 System for Award Management Maintenance (OCT 2018)
FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certifications (JUN 2020)
FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)
FAR 52.242-13 Bankruptcy (JUL 1995)
FAR 52.247-34 F.O.B. Destination (NOV 1991)
HSAR 3052.212-70, Contract 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:
HSAR 3052.205-70, Advertisement, Publicizing, Awards, and Releases (SEP 2012)
HSAR 3042.242-72, Contracting Officer’s Technical Representative (DEC 2003)
HSAR 3052.247-72 F.o.B. Destination Only (DEC 2003)
The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (OCT 2022), applies to this acquisition and the following additional FAR clauses cited in the clause are applicable to the acquisition:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
(16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and(3)).
(22) 52.219-28, Post Award Small Business Program Representation (OCT 2022) (15 U.S.C. 632(a)(2)).
(29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).
(32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
(48) 52.225-1, Buy American - Supplies (OCT 2022) (41 U.S.C. chapter 83).
(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).
(58) 52.232-33, Payment by Electronic Funds Transfer System for Award Management (OCT 2018) (31 U.S.C. 3332).
(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
Full Text Clauses
52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (DHS-USCG Deviation 14-01)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)
(a) Definitions. As used in this clause–
“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
“Safeguarding” means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.204-23 Prohibition On Contracting For Hardware, Software, And Services Developed Or Provided By Kaspersky Lab And Other Covered Entities (Deviation 20-05)
(a) Definitions. As used in this clause¬
"Covered article" means any hardware, software, or service that¬
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
"Covered entity" means¬
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from¬
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov , with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil . For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (DEVIATION 20-05) REV 2 (DEC 2020)
(a) Definitions. As used in this clause¬
"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
"Covered foreign country" means The People's Republic of China.
"Covered telecommunications equipment or services" means¬
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Critical technology" means¬
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled¬
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations ( relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of2018 (50 U.S.C. 4817).
"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(l)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(l)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4 .2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing¬
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Network Operations Security Center (NOSC) at NDAA Incidents@hg.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the NOSC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number( s ), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph ( d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph ( e) and excluding paragraph (b )(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEVIATION 2020-04 REV 1)
(a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract.
(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
52.252-6 Authorized Deviations in Clauses
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.
(b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
Homeland Security Acquisition Regulation (HSAR) Clauses
HSAR 3052.212-70 Contract Terms and Conditions Applicable To DHS Acquisition of Commercial Items.
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:
[The Contracting Officer has identified the following provisions and clauses as applicable.]
(b) Clauses.
3052.204-71 Contractor Employee Access
3052.205-70 Advertisement, Publicizing Awards, and Releases
3052.217-91 Performance
3052.217-92 Inspection and Manner of Doing Work
3052.217-93 Subcontracts
3052.217-95 Liability and Insurance
3052.217-96 Title
3052.217-97 Discharge of Liens
3052.217-98 Delays
3052.228-70 Insurance
3052.242-72 Contracting Officer’s Technical Representative
52.252-2 Clauses Incorporated by Reference
This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html.
52.204-9 Personal Identity Verification of Contractor Personnel
52.237-2 Protection of Government Buildings, Equipment, and Vegetation
52.245-1 w/ Alt I Government Property
52.245-9 Uses and Charges
HSAR 3052.211-70 Index for Specifications
HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work
HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility
Contract Administration
(I) INVOICE PAYMENT INSTRUCTIONS
(a) WHEN TO SUBMIT: The contractor must first:
(1) Receive a fully-executed purchase order, contract, delivery order or task order
(2) Provide the requirements, and
(3) Have ACTIVE status in the System for Award Management (SAM) at https://www.sam.gov
(b) INVOICE CONTENT: Each invoice must contain the following information:
(1) Invoice Date
(2) Invoice Number
(3) Purchase Order Number or Contract Number or Contract and Delivery/Task Order Number
(4) Contractor’s Name
(5) Contractor’s Address
(6) Contractor’s DUNS
(7) Contracting Officer’s Name
(8) Contracting Officer’s Representative’s (COR’s) Name (if applicable)
(9) Period of Performance for Work Invoiced
(10) Contract Line Item Number(s) (CLIN(s)) and Description (if applicable)
(11) CLIN units for the period (if applicable), CLIN rate (if applicable), CLIN Total (if applicable)
(12) For Travel: Components in accordance with FAR 31.205-46
(13) Invoice Total
(14) Discount Offerings
(15) Status as a Small Business (if applicable) for accelerated payment
(16) The last invoice submitted for this award must be clearly labeled with “FINAL INVOICE.”
(17) NOTE: A request for payment is proper if it includes the items required by the clause at FAR 52.232-25, Prompt Payment [(a)(3)(i) through (a)(3)(ix), with common items captured in the list above] and those items are accurate. If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, or any information is inaccurate, then the request is not proper and will be returned to the contractor with a statement of the reason(s) it is not proper.
(c) HOW TO SUBMIT INVOICE:
(1) The contractor must submit each invoice in accordance with the information at: www.ipp.gov. The contractor must not submit duplicate copies of the invoice, and the contractor must only submit the invoice via one submission method (example: online).
(2) The contractor must email the invoice and supporting documentation to include the invoice receipt generated by FINCEN from step (c)(1) above.
Failure to email the invoice and supporting documentation to the following contacts MAY
result in invoice rejection or delay in payment:
Florence Harwood
KS
(410) 762-6289
Florence.m.Harwood@uscg.mil@uscg.mil
Mark Lovingood
COR
(410) 762-6765
Mark.A.Lovingood2@uscg.mil
(d) PAYMENT TERMS AND PROMPT PAYMENT:
The Government’s normal payment terms are NET 30; however, offerors may propose discounts
for prompt payment.
NOTE: Failure to submit a complete invoice to the office listed above may delay payment of
invoice(s).
Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C.3903) and
Office of Management and Budget (OMB) Circular A-125, Prompt Payment.
In accordance with the Prompt Payment Act, for the purposes of determining a payment due
date and the date on which interest will begin to accrue if a payment is late, a proper invoice
date is:
(1) On the later of:
(i) For invoices that are mailed, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.
(ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or
(ii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—
a) The agency has actually accepted the property or services before the seventh day in which case the acceptance date must substitute for the seventh day after the delivery date; or
b) A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends must substitute for the seventh day after the delivery date;
(2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or
(3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice.
(4) Web-based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice.
(5) Payment inquiries and status may be obtained at the following website: www.ipp.gov
(e) Failure to follow any of these instructions will result in invoice rejection.
(II) Contractor Performance Assessment Report (CPAR)
(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful contractors past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.1502. All information contained in this assessment may be used, within the limitations of FAR 42.1502, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.
(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SFLC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of the CPAR system.
(c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of
performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer.
(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.
Full Text Provisions
52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.
U.S. Coast Guard standard specifications can be downloaded by copying the following link to a web browser: https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Engineering-Logistics-CG-4-/Logistic-Centers/Surface-Forces-Logistics-Center/Contracting-Links/Standard-Specifications/Orders . For additional information, contact Ms. Florence Harwood at Florence.m.harwood@uscg.mil. All requests should identify the solicitation number 70Z080-23-Q-21367B00.
Solicitation Provisions Incorporated by Reference
52.252-1 Solicitation Provisions Incorporated by Reference
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 contractor is cautioned that the listed provisions may include blocks that must be completed by the contractor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the contractor 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 address: http://acquisition.gov/far/index.html.
