USCG BARGE (90012) UNPLANNED DRY-DOCK REPAIRS FY14

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, and FAR Subpart 13.5, Test Program for Certain Commercial Items. This solicitation is for an Unplanned Dry Dock Repairs for the United States Coast Guard Cutter: WEDGE BARGE (90012). The BARGE is a 90Foot Construction Barge. The minimum depth is 6 feet 6 inches, the maximum beam is 24 feet 7 inches, the full load draft is 4 feet 6 inches, and the full load displacement is 181 long tons. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. Solicitation number HSCG85-14-Q-P45410 is issued as a Request for Quotations (RFQ). HSCG85-14-Q-P45410 and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-46. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 12. The Small Business Size Standard for NAICS Code 336611 is 1000 employees. A Firm-Fixed Price Contract for the base items is anticipated. The anticipated award date is on or about December 17, 2013. Work covered by this solicitation shall be completed within (23) calendar days from the date the vessel becomes available to the contractor. The availability is scheduled to start on or about January 6, 2014 and end on February 1, 2014 The Place of Performance will be at the contractor's facility. The Cutter's home port is: 1900 Coast Guard Road, Demopolis AL, 36732. For Barge access, please contact MKC Robert Floyd at +1 (555) 000-0000 or CWO Gary Rozier at +1 (555) 000-0000. The government intends to award from this solicitation to the responsible vendor whose quote conforming to the solicitation provides the best value. GEOGRAPHIC RESTRICTION FOR VESSEL REPAIR CONTRACTS A. LANTAREAINST 3100.1C, GEOGRAPHIC RESTRICTION FOR VESSEL REPAIR CONTRACTS 1. IN ACCORDANCE WITH REFERENCE (A), SECTION 7, PARAGRAPH D, SUBSECTION 1, A ONE-TIME GEOGRAPHIC RESTRICTION FOR CGC WEDGE DRY-DOCK AVAILABILITY HAS BEEN APPROVED FOR FY14. THIS RESTRICTION HAS UPGRADED THE CUTTER TO THE RESTRICTIONS OF A WLIC IN ACCORDANCE WITH REFERENCE (A) ENCLOSURE 3. 2. USCGC WEDGE IS RESTRITCED TO AN AREA NO GREATER THAN 700 NAUTICAL MILES FROM THE CUTTER'S HOMEPORT. 3.THE CUTTERS DESIGN LIMITS IT'S USE TO PROTECTED AND INLAND WATERS. OPEN WATER TRANSITS ARE TO BE AVOIDED WHENEVER POSSIBLE. THE CUTTER IS NOT CREWED FOR CONTINUOUS STEAMING AND IS NORMALLY LIMITED TO DAYLIGHT TRANSITS. Ref: Message 211946Z NOV 13 (See Attachments to this Synopsis/Solicitation): Pricing Schedule Work Specification Government Property Form 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 to: COMMANDANT (CG-9131) U S COAST GUARD OMBUDSMAN PROGRAM FOR AGENCY PROTESTS 2100 2ND ST SW STOP 7112 WASHINGTON DC 20593-7112 The Ombudsman Hotline telephone number is +1 (555) 000-0000. DESCRIPTION OF WORK A. This work item describes the requirements for the Contractor to drydock and undock the barge and perform various dry-docking-related tasks. B. Specific Hull and Structural Plating repair and Compartment Interior, Lead and Asbestos Coatings on Bulkhead. CERTIFICATIONS (a) All welding and brazing shall be accomplished by trained welders who have been certified by the applicable regulatory code performance qualification procedures. Must be provided with quotation. PLEASE NOTE: QUOTES MUST INCLUDE ALL DOCUMENTS REQUESTED IN THIS SOLICITATION (DRYDOCK CERTIFICATION (USCG), WELDING CERTIFICATES,PRE-DOCKING CALULATIONS, PAST PERFORMANCE, ETC). QUOTES THAT DO NOT INCLUDE ALL DOCUMENTS REQUESTED MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED. GEOGRAPHIC RESTRICTION FOR VESSEL REPAIR CONTRACTS A. LANTAREAINST 3100.1C, GEOGRAPHIC RESTRICTION FOR VESSEL REPAIR CONTRACTS 1. IN ACCORDANCE WITH REFERENCE (A), SECTION 7, PARAGRAPH D, SUBSECTION 1, A ONE-TIME GEOGRAPHIC RESTRICTION FOR CGC WEDGE DRY-DOCK AVAILABILITY HAS BEEN APPROVED FOR FY14. THIS RESTRICTION HAS UPGRADED THE CUTTER TO THE RESTRICTIONS OF A WLIC IN ACCORDANCE WITH REFERENCE (A) ENCLOSURE 3. 2. USCGC WEDGE IS RESTRITCED TO AN AREA NO GREATER THAN 700 NAUTICAL MILES FROM THE CUTTER'S HOMEPORT. 3.THE CUTTERS DESIGN LIMITS IT'S USE TO PROTECTED AND INLAND WATERS. OPEN WATER TRANSITS ARE TO BE AVOIDED WHENEVER POSSIBLE. THE CUTTER IS NOT CREWED FOR CONTINUOUS STEAMING AND IS NORMALLY LIMITED TO DAYLIGHT TRANSITS. Ref: Message 211946Z NOV 13 Each quoter shall furnish the information required by the solicitation. VESSEL HOME PORT: 1900 Coast Guard Road, Demopolis AL, 36732 PRICE TOTALS Insert individual prices in Schedule of Supplies/Services above and insert totals of extended prices as indicated below: Total Definitive Item CLINs: tiny_mce_marker________________ Total Optional Item CLINs: tiny_mce_marker________________ Excluding Composite Labor And Lay Days Composite Labor: tiny_mce_marker________________ Lay Days: tiny_mce_marker________________ TOTAL: tiny_mce_marker________________ PRICING DATA: Base Contract Line Item Numbers (CLINs) are marked as "D" for Definitive. Optional CLINS are marked "O" for Optional. Insert unit prices in all CLINs listed in the Schedule unless "NSP" is printed in the Unit Price column for any CLIN. "NSP" in the section means "Not Separately Priced." PRICING SCHEDULE FOR: USCG (BARGE-90) UNPLANNED DRYDOCK AVAILABILITY FY2014 ITEM DESCRIPTION UNIT PRICE UNIT QTY EXTENDED PRICE O-001 Hull and Structural Plating (General) - 12.75-Pound Steel Plate, Repair SQFT 100 O-002 Hull and Structural Plating (General) - Degraded and Cracked Steel Welds, Repair LNFT 50 D-003 Drydocking - Barge JOB 1 D-004 Temporary Services, Provide JOB 1 D-005 Hull Plate, Inspection and Repair JOB 1 D-006 Compartment Interior, Lead and Asbestos Coatings on Bulkhead and Overhead Surfaces, Partially Abate JOB 1 O-00A Composite Labor Rate Hour 390 D-00B GFP Report NSP EA NSP O-00Z Laydays Day 5 Total Price of Definite Items Total Price of Option Items Total Price of Definite and Optional Items Refer questions to Jack Rodman, Contract Specialist +1 (555) 000-0000. Quotes must arrive no later than 10:00 am. PST, December 16, 2013. Quotations may be sent via electronic mail (e-mail) to contact@example.gov, the US Postal Service, or hand delivered to: USCG Surface Forces Logistics Center, Attn: Jack Rodman, 1301 Clay Street, Suite 807N, Oakland California 94612-5249. As per FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997), offerors may submit facsimile quotes as responses to this solicitation. E-mail and Facsimile proposals are subject to the same rules as paper proposals. The telephone number for receiving facsimiles is +1 (555) 000-0000. No hard copies of this combined synopsis/solicitation will be issued. Inspection and Acceptance is at destination. CONTRACT CLAUSES (1) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (July 2013) applies to this acquisition (with the exception of paragraph f). (2) FAR 52.212-2, Evaluation--Commercial Items (Jan 1999) 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: The offeror shall identify at least two (2) relevant (construction, overhaul, repair and alteration of ships) federal, state or local government or private contracts performed during the last three (3) years. For each contract, list: a. Contract number and customer point of contact (including two (2) points of contact With telephone numbers) b. Dollar value of the contract (Original and Final) c. Type of service performed and whether Prime or subcontractor d. Required completion date for the contract e. Date the services were actually completed f. Ship Name, Hull Number g. Contract type (FFP, IDIQ, Requirement, Cost Type) h. Percentage of growth in contract price (Additional work divided by award price) If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor. PAST PERFORMANCE: The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a) (2) Past Performance Evaluation. The contractor's past performance will be evaluated according to the following factors and questions: - Quality of Product or Service Did the customer get what was specified? Did the customer consider the final product high in quality? If warranty issues arose, were they promptly corrected? - Timeliness of Performance Was the contract completed on time? If not, reason why not (growth work, contractor delayed, government delayed?) - Business Relations How was the customer service? Was the contractor committed to customer satisfaction? Would you use this company again (Why/Why not)? - Subcontracts Were subcontracts involved? Comments? In evaluating contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Reports and other existing past performance ratings on relevant contracts. General trends in a contractor's performance will also be considered. PRICE: The Total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite Items, plus the composite labor hour, lay days, and foreseeable costs. . a. Definite Items: These are items, which, if there is an award at all will be awarded. The proposal shall be evaluated to include the price for each definite item. b. Composite Labor Hour Rate: The offeror shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours. c. Lay days: The offeror shall be evaluated to include the offer price for lay day rate multiplied by the estimated quantity of days. d. Foreseeable Costs: The offeror shall be evaluated to include the offer price and total foreseeable costs as delineated in the below paragraphs e. Offeror's price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness ****Past Performance is approximately equal Price**** FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this request for quote. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: Place of Performance Name and Address of Owner and (Street Address, City, County, Operator of the Plant or Facility if Other State, Zip Code) than Offer or Respondent DISTANCE FACTOR ADJUSTMENT: (a) The work may be accomplished at the vessel's home pier or at the Contractor's Facility. If the Contractor is to perform the work at the Contractor's facility, the following distance adjustment factors will be applied to the prices quoted for this work. If the work is performed at the vessel's home pier, the following distance adjustment factors are not applicable. (b) If the work covered by this solicitation is performed elsewhere than the home pier of the vessel, the Coast Guard will incur certain costs incident to moving the vessel to and from such location. Furthermore, Coast Guard inspection and other support in connection with the work covered by this solicitation will be provided by SFLC Naval Engineering Support Unit (NESU) listed in the following paragraphs, which is responsible for support of the vessel. If work is performed elsewhere than at these SFLC locations, the Coast Guard will incur certain costs incident to providing inspection and other support. FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS: (1) There will be a transportation cost for one U.S. Coast Guard Representative(s) for 5 round trip(s) between the Contractor's offered place of performance and NESU New Orleans, LA at the cost of coach-type airfare to be taken from the official airline guide or at a cost of $0.565 per mile if no airline service is available. (2) If the Contractor's offered place of performance is more than fifty (50) driving miles from NESU New Orleans, LA the "Per Diem" expenses for 15 days to support one U.S. Coast Guard Representative(s) while in the city of the place of contract performance will be determined in accordance with the Joint Federal Travel Regulations (JFTR). (3) Facility costs to navigate vessel between its home pier and the Contractor's offered place of performance (round trip) is $69.88 per nautical mile. (4) Family separation allowance for 0 personnel with dependents on board at $8.33 per day for each personnel for 0 days each when the place of performance is more than fifty (50) driving miles from the home pier of the vessel. *The entitlement is calculated from the date the vessel leaves homeport and ends upon return to homeport. All travel dates will be included in this calculation. See U.S. Coast Guard Pay Manual, COMDTINST M7220.29, Chapter 3-F. (5) Crew's transportation during overhaul away from home port. As required by 37 USC 406 b. and Chapter 7, Part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a ship being away from home port, and every sixty (60) days thereafter, all personnel with dependents will be provided round trip coach type airfare to the ship's home pier. There will be 0 home port visit(s) during the performance of this contract. The vessel has 18 personnel that will live on board. The cost of this airfare will be determined from the official airline guide. The calculation of trips does not include travel time to and from the overhaul place of performance. See Joint Federal Travel Regulations (JFTR), Chapter 5, Part C, paragraph U5222 and Chapter 7, Part F, paragraph U7115. (End of FAR 52.212-2) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at: http://www.arnet.gov/index.html. FAR 217-5 EVALUATION OF OPTIONS (JUL 1990) FAR 52.211-14 -- NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008) Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. (End of Provision) DRYDOCK CERTIFICATION AND DRYDOCK CALCULATIONS: With his/her quote the Contractor shall provide a current certification of its dry-docking facility as required by the specification, Work Items D-003 Routine Dry-docking and SFLC Standard Specification 8634. When requested by the Contracting Officer, the Contractor shall also provide the pre-award calculations described in specification Work Items D-003, Routine Dry-docking, Cutter Conditions, and Appendix A, B or C of the SFLC Standard Specification 8634. Subsequent to contract award, the Government will require the Contractor to provide the docking and un-docking calculations described in Appendix A, B or C of the SFLC Standard Specification 8634. FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988) a. Orders for U.S. Coast Guard specification reference drawings must be placed BEFORE 12/09/2013. To request drawings, contact contact@example.gov . All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g. *.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.). Drawing measurements should be verified by the Contractor prior to ordering materials. FAR 52.216-1 TYPE OF CONTRACT (APR 1984) This Request for Quotes (RFQ) is issued in accordance with FAR Subpart 12 for Commercial Items. The Government contemplates award of a firm-fixed-price contract resulting from this solicitation. The offeror agrees to hold the prices in its offer firm for ninety (90) calendar days from the date specified for the receipt of offers. FAR 52.237-1 SITE VISIT (APR 1984): This RFQ is for the drydock repairs of the USCGC WEDGE BARGE (90012) hereinafter referred to as "vessel" the vessel's home port is1900 Coast Guard Road, Demopolis AL, 36732 . The point of contact for Ship Checks is MKC Robert Floyd at +1 (555) 000-0000.,email contact@example.gov , or CWO Gary Rozier at +1 (555) 000-0000 email contact@example.gov . The Contracting Specialist is Jack Rodman who can be reached at +1 (555) 000-0000 or email contact@example.gov (End of Provision) FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) ALT IV (OCT 2010). (a) Submission of 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. The information may be as follows REQUEST FOR INFORMAL COST BREAKDOWN In addition to placing your offer in the appropriate place in Schedule of supplies and Prices, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below: Trade, (i.e. laborers, rigger, etc.) Breakdown of labor grades by trade category Man-hours per trade, per labor grade Cost/hour/trade Supplies/materials (description & cost of each) Sub-total Pension Plans Overhead at a rate of ______% Profit at a rate of ________% Total for item _____________ FAR 52.212-3, Offeror Representations and Certifications - Commercial Items. (Aug 2013) applies to this acquisition. Offerors are required to submit, a completed copy of the provision at Offeror Representations and Certifications - Commercial Items, with their quote. An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at System For Award Management (SAM). To receive award contractor must be registered in System For Award Management (SAM) www.sam.gov/portal/public/SAM offeror shall complete only paragraphs (b) through (i) of this provision. (End of Provision) (4) FAR 52.212-4, Contract Terms and Conditions - Commercial Items (SEP 2013) and below addendum applies to this acquisition. (Addendum) FAR 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATELY PRICED LINE ITEM (MAR 1989) - VARIATION The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of the essence, initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the Contractor for contract extension if an option is exercised after 50% of the contract performance period has expired. (End of Clause) 52.232-18 -- Availability of Funds. Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) FAR 52.232-99--Providing Accelerated Payment to Small Business Subcontractors (DEVIATION 2012-00014) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) FAR 52.246-4 -- Inspection of Services -- Fixed-Price (AUG 1996) (a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. (End of Clause) 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 this address: http://www.arnet.gov/far/index.html 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 this address: http://www.arnet.gov/far/index.html FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO N5 Rating FAR 52.215-5 Facsimile Proposals (OCT 1997) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) FAR 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) FAR 52.228-5 Insurance - Work on a Government Installation (JAN 1997) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.245-1 Government Property (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) HSAR 3052-205-70 Advertisement, Publicizing Awards, and Releases (Sept 2012) HSAR 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) HSAR 3052.223-70 Removal or Disposal of Hazardous Substances - Applicable Licenses and Permits (JUN 2006) HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003) HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) FAR 52.211-15 Defense Priority and Allocation Requirements (APR 2008) DO N5 Rating FAR 52.215-5 Facsimile Proposals (OCT 1997) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995) FAR 52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995) FAR 52.228-5 Insurance - Work on a Government Installation (JAN 1997) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.242-2 Production Progress Reports (APR 1991) FAR 52.245-1 Government Property (APR 2012) FAR 52.245-9 Use and Charges (APR 2012) HSAR 3052.211-70 Index for Specifications (DEC 2003) HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) HSAR 3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003) HSAR 3052.223-70 Removal or Disposal of Hazardous Substances - Applicable Licenses and Permits (JUN 2006) HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003) HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) HSAR 3052.209-70 (PROHIBITION ON CONTRACTS WITH CORPORATE ( EXPATRIATES) (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic ...