NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the Government Accountability Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command.

How do I file an agency protest?Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal ForumInterested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest

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, the protester may file a formal agency protest with the contracting officer or 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 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. If the protester fails to submit the required information, as outlined in Federal Acquisition Regulation (FAR) 33.103, 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).

Protests filed under the OPAP program should be submitted to:

Department of Homeland Security
United States Coast Guard (CG-91)
Ombudsman Program for Agency Protests

Email: OPAP@uscg.mil

For questions pertaining to the OPAP program, please contact the Ombudsman hotline at 202-372-3695.

Alternate Point of Contact:

Allen A. Tillman II

2401 Hawkins Point Road

Baltimore, MD 21226-5000

Email: allen.a.tillman@uscg.mil

Phone: (410) 762-6830

Combined Synopsis-Solicitation

(1) Action Code: P

(2) Date: 04/16

(3) Year: 19

(4) Contracting Office ZIP Code: 21226-5000

(5) Product or Service Code: J020

(6) Contracting Office Address: 2401 Hawkins Point Road, Baltimore, MD

(7) Subject: Floating Crane Services for the USCG Yard, Baltimore, MD

(8) Proposed Solicitation Number: 70Z04019Q61374Y00

(9) Closing Response Date: 03 May, 2019

(10)Contact Point or Contracting Officer: Derek Lazaroff, Contract Specialist

(410) 762-6784; Allen A. Tillman II, Contracting Officer: (410) 762-6380

(11) Contract Award and Solicitation Number: N/A

(12) Contract Award Dollar Amount: N/A

(13) Line Item Number: N/A

(14) Contract Award Date: N/A

(15) Contractor: N/A

(16) Description:

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 70Z04019Q61374Y00 is issued in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Items, as a Request for Quote.

(iii) Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-01, dated 22 January, 2019.

(iv) The NAICS code for this solicitation is 488330 with a small business size standard of $38.5M. This acquisition will be issued using full-and-open competitive procedures.

(v) SCHEDULE OF SUPPLIES OR SERVICES

BASE YEARCLIN DESCRIPTION EST. QTY UNIT ISSUE UNIT PRICE TOTAL PRICE

0001 FLOATING CRANE 33 EA $____________ $____________

SERVICES

MULTI-EVENT

0002 FLOATING CRANE 6 EA $____________ $____________

SERVICES

SINGLE EVENT/

GENERAL LIFT

0003 FLOATING CRANE 3 EA $____________ $____________

SERVICES

WEEKEND EVENT

0004 WEIGHT TEST/ 3 EA $____________ $____________

CRADLE TEST

TOTAL ESTIMATED BASE YEAR PRICE $____________

OPTION YEAR ONE (1)

CLIN DESCRIPTION EST. QTY UNIT ISSUE UNIT PRICE TOTAL PRICE

1001 FLOATING CRANE 33 EA $____________ $____________

SERVICES

MULTI-EVENT

1002 FLOATING CRANE 6 EA $____________ $____________

SERVICES

SINGLE EVENT/

GENERAL LIFT

1003 FLOATING CRANE 3 EA $____________ $____________

SERVICES

WEEKEND EVENT

1004 WEIGHT TEST/ 3 EA $____________ $____________

CRADLE TEST

TOTAL ESTIMATED OPTION YEAR ONE (1) PRICE $____________

OPTION YEAR TWO (2)

CLIN DESCRIPTION EST. QTY UNIT ISSUE UNIT PRICE TOTAL PRICE

2001 FLOATING CRANE 33 EA $____________ $____________

SERVICES

MULTI-EVENT

2002 FLOATING CRANE 6 EA $____________ $____________

SERVICES

SINGLE EVENT/

GENERAL LIFT

2003 FLOATING CRANE 3 EA $____________ $____________

SERVICES

WEEKEND EVENT

2004 WEIGHT TEST/ 3 EA $____________ $____________

CRADLE TEST

TOTAL ESTIMATED OPTION YEAR TWO (2) PRICE $____________

OPTION YEAR THREE (3)

CLIN DESCRIPTION EST. QTY UNIT ISSUE UNIT PRICE TOTAL PRICE

3001 FLOATING CRANE 33 EA $____________ $____________

SERVICES

MULTI-EVENT

3002 FLOATING CRANE 6 EA $____________ $____________

SERVICES

SINGLE EVENT/

GENERAL LIFT

3003 FLOATING CRANE 3 EA $____________ $____________

SERVICES

WEEKEND EVENT

3004 WEIGHT TEST/ 3 EA $____________ $____________

CRADLE TEST

TOTAL ESTIMATED OPTION YEAR THREE (3) PRICE $____________

OPTION YEAR FOUR (4)

CLIN DESCRIPTION EST. QTY UNIT ISSUE UNIT PRICE TOTAL PRICE

4001 FLOATING CRANE 33 EA $____________ $____________

SERVICES

MULTI-EVENT

4002 FLOATING CRANE 6 EA $____________ $____________

SERVICES

SINGLE EVENT/

GENERAL LIFT

4003 FLOATING CRANE 3 EA $____________ $____________

SERVICES

WEEKEND EVENT

4004 WEIGHT TEST/ 3 EA $____________ $____________

CRADLE TEST

TOTAL ESTIMATED OPTION YEAR FOUR (4) PRICE $____________

TOTAL ESTIMATED FIVE (5) YEAR PRICE $____________

(vi) The United States Coast Guard (USCG) has a requirement for floating crane services in accordance with the Performance Work Statement (PWS) dated 21 March, 2019 (Attachment 1) and the Service Contract Act Wage Determination 2015-4265 Rev. 9 dated 26 December, 2018 (Attachment 2).

(vii) All work will be performed at the USCG Yard, Baltimore, MD, or at the contractor's facility. All services will be delivered in accordance with the terms of individual task orders, with FOB Destination Inspection and Acceptance.

(viii)The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. In addition, the following language applies to this provision:

QUOTE SUBMISSION REQUIREMENTS

Vendor shall provide a fixed price quote to support floating crane services in accordance with the Schedule. There is no page limitation for the Safety Plan or Quality Assurance Surveillance Plan.

(ix) The evaluation procedures that will be used are below:

EVALUATION FACTORS AND BASIS FOR AWARD

LOWEST PRICE TECHNICALLY ACCEPTABLE

The Government will conduct a Lowest Price Technically Acceptable (LPTA) evaluation to determine award of this contract. Accordingly, award will be made to the lowest price technically acceptable offeror. The Government will evaluate price as the price of all CLINs, including option years, added together to arrive at the evaluated total. The Government will evaluate technical acceptability as meeting the requirements stated below in Section (1) Technical. Any response that does not provide this information, in full, will be considered unacceptable and removed from further consideration for award.

The Government will evaluate the lowest-priced quote first for technical acceptability and relevant past performance. If found to be acceptable, evaluations will stop and award will be made to that offeror. If found to be unacceptable in their technical, the Government will move to the next-lowest-priced quote and repeat the evaluation. This process will be followed until award is made. The evaluation of quotes submitted in response to this solicitation shall be made in accordance with the criteria outlined in this section. Overall evaluation will include price and non-price factors.

PAST PERFORMANCE

Each Offeror's past performance records in FAPIIS will be reviewed to identify any projects that had negative past performance, to include any terminations for default. An offeror that has only positive ratings or does not have any projects that are similar in nature, size or complexity to the current requirement identified in the system, will be rated as acceptable for award.

The following factors shall be used to evaluate offers:

1. Technical:

The Contractor shall provide a load chart which demonstrates possession of a floating crane capable of lifting a minimum of 180 short tons at a boom radius suitable to place a load 31' out from end of barge, at a hook height of not less than 106' above water line as identified in Section 1.5.7 of the Performance Work Statement (PWS).

The Contractor shall provide a copy of the annual OSHA Certificate of Inspection to ensure crane meets all Federal Safety Regulations as identified in Section 1.5.7 of the PWS.

The Contractor shall provide a copy of the crane operator's certification through the National Commission for the Certification of Crane Operators (NCCCO) or qualified through an audited employer program under OSHA Regulation 29 C.F.R. 1926.1427(a) as identified in Section 1.5.9 of the PWS.

The Contractor shall provide a Safety Plan that meets the requirements of 29 CFR 1915, OSHA Shipyard Industry Standard, as identified in Section 1.5.6 of the PWS.

The Contractor shall provide a Quality Assurance Surveillance Plan (QASP) as identified in Section 2 of the PWS.

An evaluation rating of Technically Acceptable will be given to each offeror that provides all of the information identified in the Technical section above. Any offeror that fails to provide all of the items referenced in the Technical section above will be rated as Not Technically Acceptable and will not be considered for award.

2. Price:

The offeror shall provide a price per CLIN for each period of performance identified in the Schedule, a total price for each period of performance and an overall total proposed price for the base year and all four option periods combined.

3. Past Performance:

The Government will review the Offeror's Past Performance record of performance in the Federal Awardee Performance and Integrity Information System (FAPIIS) system for those projects that are similar in nature, size and complexity as this requirement, performed or completed within the past five years. An offeror that has only positive ratings or does not have any projects that are similar in nature, size or complexity to the current requirement identified in the FAPIIS system, will be rated as acceptable for award.

(x) Offerors shall provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with their offer. Vendor must have a valid DUNS number, be registered with the System for Award Management (SAM) and shall provide the DUNS and Tax Identification Number (TIN) with their quote.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition, and the following FAR clauses are also applicable:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006),

_X__ with Alternate I (Oct 1995) (41 U.S.C.4704 and 10 U.S.C.2402).

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X__ (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 (Oct 2018) (41 U.S.C. 2313).

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15 U.S.C. 637(d)(4))

_X__ (iii) Alternate II (Nov 2016) of 52.219-9.

_X__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

_X__ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) (i) 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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(Nov2007) (42 U.S.C. 5150).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

_X__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_X__ (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).

_X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xiii) The additional contract requirement(s) or terms and conditions necessary for this acquisition are below:

1. INVOICING REQUIREMENTS-FIXED PRICE CONTRACT

All information set forth in FAR Clause 52.212-4, Contract Terms and Conditions - Commercial must be included on the invoice for it to constitute a proper invoice. An original invoice shall be submitted to the following designated payment office:

U.S. Coast Guard YARD

P. O. Box 4122

Chesapeake, VA 23327-4122

Contract No: *To be furnished at time of award.

Task Order No: *To be furnished with each individual task order.

Electronically at fin-smb-yardteam@uscg.mil

Via the Internet at the following URL: https://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm

Via fax to 757-523-6904

All invoices must be marked with the applicable Contract Number and Delivery Order Number. In addition, invoices must be submitted to the correct payment office to ensure prompt payment. Failure to submit directly to this office will delay prompt payment of your invoice.

In addition, one (1) information copy of your invoice shall be submitted to the following office at the time the original invoice is submitted:

U.S. Coast Guard

Surface Forces Logistics Center

2401 Hawkins Point Road

CPD-3/Shared Services Division

Baltimore, MD 21226-5000

Attn: Derek Lazaroff
(410) 762-6784

Contract No.*To be furnished at time of award.

Task Order No: *To be furnished at time of award

Electronically at derek.w.lazaroff2@uscg.mil

2. RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE.

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice.

NAME: ____________________________________

TITLE: ____________________________________

ADDRESS: ____________________________________

____________________________________

PHONE: ____________________________________

EMAIL: ____________________________________

1. CONTRACTOR PERFORMANCE EVALUATION

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and

evaluate the successful offerors 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

4. DHS NOTICE TO OFFERORS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, that offeror may be required to submit either Certified Cost or Pricing Data (FAR 5.4003-4) or Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

1. FAR PROVISIONS/ CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at http://farsite.hill.af.mil/.

Number TitleDate

52.217-5 EVALUATION OF OPTIONS JUL 1990

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEPT 2013) (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 enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 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 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(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 the date of contract award through a period of 60 months, assuming all 4 option periods are 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 $50.00, 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 $2,000,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(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) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, 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 five (5) calendar 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 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) 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 the last day of the Option Period 4.

(End of clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor one (1) calendar day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS -ALTERNATE I (SEPT 2015)

(a) Definitions. As used in this provision-

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) "Service-disabled veteran" means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

"Small disadvantaged business concern," consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) The North American Industry Classification System (NAICS) code for this acquisition is 488330.

(2) The small business size standard is $38.5M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(c) Representations.

(1) The offeror represents as part of its offer that it is, is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(9) [Complete if offeror represented itself as disadvantaged in paragraph(c)(2) of this provision.] The offeror shall check the category in which its ownership falls:

_____ Black American.

_____ Hispanic American.

_____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

_____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

_____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

_____ Individual/concern, other than one of the preceding.

(d) Notice.

(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.

(2) Under 15 U.S.C.645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(i) Be punished by imposition of fine, imprisonment, or both;

(ii) Be subject to administrative remedies, including suspension and debarment; and

(iii) Be ineligible for participation in programs conducted under the authority of the Act.

(End of Provision)

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of Clause)

6. HSAR CLAUSES

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:

(b) Clauses.

_X___3052.203-70 Instructions for Contractor Disclosure of Violations.

_X__3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X__3052.242-72 Contracting Officer's Technical Representative.

_X_ 3052.247-72 F.o.B. Destination Only.

(End of clause)

(xiv) The Defense Priorities and Allocations System (DPAS) is not applicable.

(xv) Quotes shall be submitted electronically via email to derek.w.lazaroff2@uscg.mil not later than 5:00 pm EST on 03 May, 2019.

(xvi) All questions regarding this solicitation must be submitted in writing to derek.w.lazaroff2@uscg.mil not later than 12:00 pm EST on 23 April, 2019.