HIGH FREQUENCY, SINGLE SIDE BAND, RADIO SYSTEM

COMBINED SYNOPSIS/ SOLICITATION HSCG40-14-Q-19006 HIGH FREQUENCY, SINGLE SIDE BAND, RADIO SYSTEM 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. The Ombudsman Hotline telephone number is 202.372.3695. HSCG40-14-Q-19006 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. This requirement will be satisfied using Section 4202 of the Clinger-Cohen Act of 1996, as implemented by FAR Part 13.5, Test Program for Certain Commercial Items. II. This solicitation is a Request for Quotations (RFQ). Solicitation number HSCG40-14-Q-19006 is assigned to this procurement for tracking purposes only. III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular FAC 05-74. IV. The North American Industry Classification System Code is 334220, with a small business size standard of 750 employees. V. A list of the contract line item numbers to be acquired can be found under Attachment 1, Contractor Pricing and CLIN List. VI. DESCRIPTION OF THE REQUIREMENT The Contractor shall furnish all parts specified on the Contractor Pricing and CLIN List (Attachment 1) for the Surface Forces Logistics Center's (SFLC) CG/URC-1(V) High Frequency (HF) Single Side Band (SSB) Radio Systems that supports the Coast Guard 110', 225', 175', 180', 295', 399' cutters, five (5) Air Stations and thirty-one (31) Shore Stations of the USCG. The Coast Guard has determined, consistent with 13.501(a)(1)(ii), that there is only one responsible source and no other supplies or services will satisfy agency requirements. The statutory authority permitting other than full and open competition is Section 4202 of the Clinger-Cohen Act of 1996, implemented as FAR Part 13.5, Test Program for Certain Commercial Items. The Original Equipment Manufacturer (OEM) is Sunair Electronics Inc. Technical data necessary for performance is proprietary to the OEM. Justification for Other Than Full and Open Competition is attached (Attachment 2). Contract Type: The U.S. Coast Guard Surface Forces Logistics Center intends to award a firm-fixed price requirements contract. Under this contract, the Coast Guard will issue delivery orders to the contractor. Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing). Period of Performance: The performance period for this requirement includes one base year and four option years. The base period of this requirements contract will begin on date of award for twelve months thereafter. The first year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base year. The second year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option period. The third year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year. Extent of Obligation The Government is obligated only to the extent of authorized purchases actually made under this Contract. The quantities specified on this solicitation are only an estimate. The Government may order more or less depending on actual needs. Under this Contract the Government is not obligated to purchase any items other than fulfilling the guaranteed minimum. Individuals Authorized to Place Orders The U.S. Coast Guard Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line, is the only contracting office authorized to place orders against this Contract. These Individuals will be Contracting Officers Susan Kreider, Shavonda Jamison, Andrew Northcutt, Jennifer Blount, and Walter Mack. VII. FAR 52.211-8 TIME OF DELIVERY (JUN 1997) (a) The Government requires delivery to be made within 60 days of contract award. The Government will evaluate, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above, may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. (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. (End of Clause) PLACE OF DELIVERY - DESTINATION (A) All parts shall be delivered to the following address between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 2401 Hawkins Point Road Receiving Room, Bldg. 88 Baltimore, MD 21226 M/F: Contract Number: {to be furnished at time of award} Delivery Order Number: {To be furnished with each individual delivery order} The Government reserves the right to request Direct Delivery. Each individual delivery order will identify the delivery destination. (B) Any written reports shall be delivered to the Contract Administrator and Contracting Officer' Representative (COR), at the following address: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 711 Ordnance Road Baltimore, MD 21226 Or submitted electronically to: courtney.i.knight@uscg.mil and robert.c.wagenmann@uscg.mil The Government reserves the right to request Direct Delivery. Each individual order will identify the delivery destination. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. VIII. FAR 52.212-1, INSTRUCTIONS AND NOTICE TO OFFERORS - COMMERCIAL ITEMS (Apr 2014) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. Addendum QUOTE SUBMISSION Vendors shall submit an electronic copy of your firm's quote to courtney.i.knight@uscg.mil using WinZip software no later than 18 August 2014 at 4:00 PM Eastern Standard Time. All submissions shall include HSCG40-14-Q-19006 in the subject line of the email. The WinZip password shall be submitted under a separate email by the aforementioned date and time. Please Note: There is not a character length or mixed case requirement imposed on your password. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Late submissions will not be accepted. QUOTE MUST BE SUBMITTED IN TWO SEPARATELY SEALED VOLUMES: 1) Technical: Provide documentation as per the evaluation factors outlined in the evaluation section of this synopsis. 2) Price: Pricing must be submitted separately for Base and Option years for each CLIN on Attachment 1. FAR 52.215-20, REQUIREMENT FOR CERTIFIED COST OR PRICING DATA AND DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010), Alt IV (OCT 2010) (a) Submission of certified cost or pricing data is not required (b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination. IX. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (JAN 1999) This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (i) Price (ii) Technical (iii) Past Performance Award shall be made to the lowest priced technically acceptable offeror. PRICE: The Government will evaluate price for reasonableness. Offerors are required to provide prices for all items/CLINs for the Base and all Option Years. All prices on CLINS (Attachment 1) shall be a firm-fixed price and shall indicate FOB Destination as referenced in FAR 52.247-34 (NOV 1991). *Note CLIN Proposal shall state pricing as per published price catalog noting any special discount offered. The total of all CLINS, including all option year CLINS, shall be added together to arrive at an aggregate total. TECHNICAL EVALUATION In order for an offer to be determined technically acceptable, offerors must complete the below certification and submit documentation verifying that they are able to provide the required parts. "I HEREBY CERTIFY ON BEHALF OF _________________________________ (Insert offeror name), THAT ALL PARTS PROVIDED UNDER THIS CONTRACT SHALL BE NEW GENUINE OEM PARTS." _________________________________________ NAME OF AUTHORIZED CORPORATE OFFICER _________________________________________ TITLE _________________________________________ DATE Failure to comply with this certification, and submit the required supporting documentation with your original proposal may render your proposal unacceptable and your proposal may be rejected. Offerors are required to submit verification in the form of a letter from the authorized distributor; or any other written confirmation fully demonstrating that they have the capability of procuring the required OEM parts. PAST PERFORMANCE Offerors shall furnish the information listed below for at least 3 different contracts that are ongoing or completed within the last three (3) years, are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror's ability to perform the contract successfully. Name of Company/Organization: Contract Number: Contract Type/Amount: Period of Performance: Description of Supply or Service: First Point of Contact (Name): Phone Number: E-Mail Address: Second Point of Contact (Name): Phone Number: E-Mail Address: FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (JUL 2013) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) (a) Definition. As used in this clause-- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern. "Registered in the System for Award Management (SAM) database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and (4) The Government has marked the record "Active". "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. (b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (c) (1) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. (3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted- (i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov. (End of Clause) X. Offerors must include a completed copy of the provision at FAR 52.212-3 Alternate I (MAY 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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. XI. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERICIAL ITEMS (MAY 2014) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. ADDENDUM XII. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERICIAL ITEMS (MAY 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note). 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313). 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637 (d)(4).) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (FEB 1999). 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (SEPT 2010) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (SEPT 2010) (38 U.S.C. 4212). 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011). 52.225-1, Buy American Act--Supplies (MAY 2014) (41 U.S.C. 10a-10d). 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- System for Award Management (JUL 2013) (31 U.S.C. 3332). XIII. Additional contract requirements: PRESERVATION, PACKAGING AND MARKING: All material shipped to SFLC, must be accompanied by an itemized packing list securely attached to the outside of the package. All packing lists shall cite the Delivery Order Number with the package in such a manner as to provide identification. Material shall be packed for shipment in such a manner as to afford adequate protection to the item against corrosion, deterioration, and physical damage during shipment from the supply source to SFLC locations. Package shall also provide adequate protection for warehouse storage and multiple shipments. All packages shall have the Contract, Delivery Order Number, Stock Number, Vendor name and Part Number clearly marked on the exterior of the package. All packages shall be sent in accordance with Attachment 3 - Delivery Instructions. Each component shall individually preserved, packaged and marked in accordance with Specification number ASTM-D-3951, and Bar Coding for US Coast guard Surface Forces Logistics Center Material. Refer to Attachment 3 - Delivery Instructions. MARKING OF WARRANTED ITEMS Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies. NOTE Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporated 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 test of a clause may be accessed electronically at http://farsite.hill.af.mil/. . NUMBER TITLE DATE FAR 52.246-2 Inspection of Supplies - Fixed-Price AUG 1996 FAR 52.246-16 Responsibility for Supplies APR 1984 HSAR 3052.242.72 Contracting Officers Technical Representative DEC 2003 FAR 52.211-15 Defense Priority and Allocation Requirements APR 2008 FAR 52.219-8 Utilization of Small Business Concerns MAY 2014 FAR 52.219-9 Small Business Subcontracting Plan JUL 2013 FAR 52.232-4 Payments Under Transportation Contracts and Transportation-Related Services Contracts APR 1984 FAR 52.243-1 Changes-Fixed Price AUG 1987 FAR 52.247-34 F.O.B. - Destination NOV 1991 FAR 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (SEPT2013) (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 FY2013 (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 52.252-6 - 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 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. 52.203-17 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEPT 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. __X_3052.209-72 Organizational Conflicts of Interest. ____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause. ____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Prot'g 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 _X__3052.205-70 Advertisement, Publicizing Awards, and Releases. ____3052.209-73 Limitation on Future Contracting. ____3052.215-70 Key Personnel or Facilities. ____3052.216-71 Determination of Award Fee. ____3052.216-72 Performance Evaluation Plan. ____3052.216-73 Distribution of Award Fee. ____3052.217-91 Performance. (USCG) ____3052.217-92 Inspection and Manner of Doing Work. (USCG) ____3052.217-93 Subcontracts. (USCG) ____3052.217-94 Lay Days. (USCG) __X_3052.217-95 Liability and Insurance. (USCG) ____3052.217-96 Title. (USCG) ____3052.217-97 Discharge of Liens. (USCG) ___3052.217-98 Delays. (USCG) ____3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair. ____3052.217-100 Guarantee. (USCG) ____3052.219-70 Small Business Subcontracting Plan Reporting. ____3052.219-71 DHS Mentor Prot'g Program. ____3052.228-70 Insurance. ____3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) ____3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) ____3052.228-92 Fair Market Value of Aircraft. (USCG) ____3052.228-93 Risk and Indemnities. (USCG) ____3052.236-70 Special Provisions for Work at Operating Airports. ____3052.242-72 Contracting Officer's Technical Representative. ____3052.247-70 F.o.B. Origin Information. ____Alternate I ____Alternate II ____3052.247-71 F.o.B. Origin Only. _X___3052.247-72 F.o.B. Destination Only. INSPECTION AND ACCEPTANCE: MATERIAL INSPECTION AND RECEIVING REPORT At the time of each delivery of supplies under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include: ? An authorization number such as the contract/task order ...