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1. 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. The full text of FAR clauses may be accessed electronically at this address: http://www.arnet.gov/far/index.html.
FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (MAY 2011)
FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUL 2013)
FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 rating
FAR 52.217-5 Evaluation of Options (JUL 1990)
FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997)
FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995)
FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest
2.FAR 52.212-1 Instructions to Offerors-Commercial Items (APR 2014). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterhead, formal quote form, etc.) but must include the following information: 1) company's complete mailing and remittance addresses, 2) discounts for prompt payment if applicable 3) cage code, 4) Dun & Bradstreet number, 5) Taxpayer ID number and 6) Pricing, and Delivery information,. (7) Offerors are instructed to include a completed copy of Federal Acquisition Regulation (FAR) 52.212-3, "Offerors Representations and Certification--Commercial Items (MAR 2015)" and Alt 1 included with their quotation (the provision is attached), or be registered with Online Reps and Certs, https://www.SAM.gov.
3. FAR 52.212-2 Evaluation-Commercial Items (OCT 2014). - This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered: Past Performance, Price. Offerors shall submit at least 3 relevant past performance references for contracts with private industry or government instrumentalities (federal, state, or local) performed within the last 3 years. References shall include: 1. Name & contact information of the point of contract (PM/COR), 2. Name of Organization, 3. A brief description of service, 4. Contract Number/Task Order 5. Status (Prime or Sub). The USCG reserves the right to utilize past performance information other than the information submitted with the proposals received in conducting the evaluation. A Contractor without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance, but will receive a neutral rating. The USCG may consider past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirement when such information is considered relevant.
The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government will evaluate offers and make award to the lowest priced technically acceptable offer that is responsive to the terms of this solicitation.
4. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2015) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision which can be obtained electronically at http://www.arnet.gov/far.
5. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012)
The following addendum applies: Address for submission of invoices is
Commercial Invoices
USCG Finance Center
PO BOX 4115
Chesapeake, VA 23327-4115
(800)564-5504
6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (November 2012)
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:
52.222-3, Convict Labor (June 2003) (E.O. 11755).
52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
52.222-21, Prohibition of Segregated Facilities (Feb 1999).
52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
52.223-18, Contractor Policy to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
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).
52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).
7. HSAR 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:
(a) Provisions
3052.209-72 Organizational Conflicts of Interest
3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program
(b) 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
3052.209-73 Limitation on Future Contracting
3052.215-70 Key Personnel or Facilities
3052.219-70 Small Business Subcontracting Plan Reporting
3052.228-70 Insurance
3052.242-72 Contracting Officer's Technical Representative
3052.247-72 F.O.B Destination Only
The full text of HSAR clauses above may be accessed electronically at this address: http://www.dhs.gov/xlibrary/assets/opnbiz/hsar.pdf
8. 25.101 BUY AMERICA ACT
(a) The Buy American Act restricts the purchase of supplies that are not domestic end products. For manufactured end products, the Buy American Act uses a two-part test to define a domestic end product.
(1) The article must be manufactured in the United States; and
(2) The cost of domestic components must exceed 50 percent of the cost of all the components. In accordance with 41 U.S.C. 431, this component test of the Buy American Act has been waived for acquisitions of COTS items (see 12.505(a)).
(b) The Buy American Act applies to small business set-asides. A manufactured product of a small business concern is a U.S.-made end product, but is not a domestic end product unless it meets the component test in paragraph (a)(2) of this section.
(c) Exceptions that allow the purchase of a foreign end product are listed at 25.103. The unreasonable cost exception is implemented through the use of an evaluation factor applied to low foreign offers that are not eligible offers. The evaluation factor is not used to provide a preference for one foreign offer over another. Evaluation procedures and examples are provided in Subpart 25.5.
52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.
9. Questions and quotes shall be emailed to [email protected]. Contractors are responsible for verifying receipt of proposals.