PRESOL | 16 | Repair of HU25 brake assembly

FBO DAILY ISSUE OF SEPTEMBER 10, 2009 FBO #2847
SOLICITATION NOTICE

16 -- Repair of HU25 brake assembly

Notice Date: 9/8/2009
Notice Type: Combined Synopsis/Solicitation
NAICS: 488190 — Other Support Activities for Air Transportation
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
ZIP Code: 27909-5001
Solicitation Number: HSCG38-09-Q-101035
Archive Date: 10/13/2009
Point of Contact: Tonya W Bush, Phone: 252-335-6195
E-Mail Address: tonya.w.bush@uscg.mil
(tonya.w.bush@uscg.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; written quotations are being requested and a written solicitation will not be issued. This Request for Quotation HSCG38-09-Q-101035 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-36. The North American Industry Classification System (NAICS) code is 488190. The small business size standard is 1,000 employees. THIS IS A SMALL BUSINESS SET ASIDE SOLICITATION. This contract will be awarded as a firm-fixed-price contract. Quoters must submit prices for each year of the Base and Option periods in order to be considered for award. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. These parts are for use on the HU-25 aircraft. The contract will include a 3-year base period and two option periods. The total duration of this contract shall not exceed five years. ALL QUANTITIES ARE ESTIMATES. Material is designated as Flight Critical. All responsible sources may submit a quotation which shall be considered. Submittal of documentation as required by the solicitation is to be included with the quotation (Technical Information including quality certifications, Pricing Information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price AND Past Performance Information). FIRM-FIXED PRICES FOR REPAIR OF THE FOLLOWING: Base Period Base Year One EFFECTIVE DATE OF AWARD THROUGH 30 SEPTEMBER 2010 ESTIMATED UNIT OF UNIT TOTAL ITEM DESCRIPTION QTY ISSUE PRICE PRICE 0001 BRAKE, MULTIPLE 100 EA tiny_mce_marker ________ tiny_mce_marker ________ NSN: 1630-00-312-5453 P/N: 9550504 0002 Contractor Receipt/Verification 100 EA *NSP of Material (as required) 0003 COC or FAA Form 8130-3 100 EA *NSP (as required) *NOT SEPARATELY PRICED Base Period Base Year Two 01 OCTOBER 2010 THROUGH 30 SEPTEMBER 2011 ESTIMATED UNIT OF UNIT TOTAL ITEM DESCRIPTION QTY ISSUE PRICE PRICE 0001 BRAKE, MULTIPLE 100 EA tiny_mce_marker ________ tiny_mce_marker ________ NSN: 1630-00-312-5453 P/N: 9550504 0002 Contractor Receipt/Verification 100 EA *NSP of Material (as required) 0003 COC or FAA Form 8130-3 100 EA *NSP (as required) *NOT SEPARATELY PRICED Base Period Base Year Three 01 OCTOBER 2011 THROUGH 30 SEPTEMBER 2012 ESTIMATED UNIT OF UNIT TOTAL ITEM DESCRIPTION QTY ISSUE PRICE PRICE 0001 BRAKE, MULTIPLE 100 EA tiny_mce_marker ________ tiny_mce_marker ________ NSN: 1630-00-312-5453 P/N: 9550504 0002 Contractor Receipt/Verification 100 EA *NSP of Material (as required) 0003 COC or FAA Form 8130-3 100 EA *NSP (as required) *NOT SEPARATELY PRICED Option Period One 01 OCTOBER 2012 THROUGH 30 SEPTEMBER 2013 ESTIMATED UNIT OF UNIT TOTAL ITEM DESCRIPTION QTY ISSUE PRICE PRICE 0001 BRAKE, MULTIPLE 100 EA tiny_mce_marker ________ tiny_mce_marker ________ NSN: 1630-00-312-5453 P/N: 9550504 0002 Contractor Receipt/Verification 100 EA *NSP of Material (as required) 0003 COC or FAA Form 8130-3 100 EA *NSP (as required) *NOT SEPARATELY PRICED Option Period Two 01 OCTOBER 2013 THROUGH 30 SEPTEMBER 2014 ESTIMATED UNIT OF UNIT TOTAL ITEM DESCRIPTION QTY ISSUE PRICE PRICE 0001 BRAKE, MULTIPLE 100 EA tiny_mce_marker ________ tiny_mce_marker ________ NSN: 1630-00-312-5453 P/N: 9550504 9550504 0002 Contractor Receipt/Verification 100 EA *NSP of Material (as required) 0003 COC or FAA Form 8130-3 100 EA *NSP (as required) *NOT SEPARATELY PRICED PACKING SLIP: At the time of each delivery of supplies under this contract, the contractor must furnish to the Government a properly completed packing slip. This packing slip must include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Contract Number, and 5) Delivery Order Number and 6) Line Item Number and 7) Quantity. One copy of the packing slip shall be attached to the outside of the shipping container. The contractor shall provide a Certificate of Conformance (COC) or a Federal Aviation Airworthiness (FAA) Form 8130.3 which shall be attached to each item and included with each packing slip. F.O.B. POINT F.O.B. Destination Applies- the contractor will be responsible for shipping charges. SHIPPING INSTRUCTIONS Material shall be delivered F.O.B. Destination to the following address: U. S. Coast Guard Aviation Logistics Center Receiving Section, Building 63 Elizabeth City, NC 27909-5001 MARK FOR: Contract No. ___________________________ (Assigned at time of award) Delivery Order No. ___________________________ (Assigned upon issuance) ADDRESS FOR CORRESPONDENCE: All correspondence, except as otherwise specified, shall be directed to the following address: Contracting Officer USCG, Aviation Logistics Center Medium Range Surveillance (MRS) Contracting Section Elizabeth City, NC 27909-5001 Contract No. ___________________________ (Assigned at time of award) Delivery Order No.______________________ (Assigned upon issuance) INVOICING INSTRUCTIONS The original Contractor's invoice shall be submitted to the designated billing office for payment as follows: The invoice must reference the contract number. Chief, Fiscal Branch USCG, Aviation Logistics Division Building 63 Elizabeth City, NC 27909-5001 Contract No. _____________________________ (Assigned at time of award) Delivery Order No.______________________ (Assigned upon issuance) BEYOND ECONOMICAL REPAIR In the event the contractor considers an item listed in the contract to be beyond economical repair, he shall contact the Contracting Officer, in writing, for disposition instructions. The notification shall identify the delivery order number, item number, part number, serial number, and a breakdown of the price for parts and labor necessary to repair the component. Contractor shall not proceed with repair or return to Aviation Logistics Center until instructions are received from the Contracting Officer. CONTRACTOR VERIFICATION OF RECEIPT OF REPAIRABLE ITEMS Upon receipt of the items, the contractor shall notify the contracting officer in writing, providing the following information: (1) date component(s) received; (2) confirmation of the part number and serial number; and (3) any discrepancies of the delivery order and the material received. STATEMENT OF OBJECTIVES: 1.0 BACKGROUND The United States Coast Guard (USCG) currently operates twenty-one (21) Medium Range Surveillance (MRS) aircraft manufactured between 1982 and 1984 by Dassault-Breguet Aviation SA-Avions Marcel. These aircraft are used differently from general aviation as MRS' missions frequently operate in salt laden environments. Meggitt Aircraft Braking System is the Original Manufacture (OEM) for the brake assembly part number 9550504 currently used on the HU-25. 2.0 OBJECTIVE 2.1 The USCG's objective is to obtain services of an OEM or a Federal Aviation Administration (FAA) Part 145 authorized repair center to effectively repair and provide complete, ready-to-install HU-25 brake assembly P/N 9550504. Repaired brake assemblies shall meet OEM's specifications IAW the OEM's Component Maintenance Manual (CMM) 32-40-07 (publication # AP- 531), and Coast Guard Technical Order (CGTO) Page Supplement (TOPS) two (2). All brake assemblies returned to service shall have a Certificate of Conformance (COC) or FAA Form 8130 attached. 2.2 The USCG Aviation Logistics Center intends to award a firm-fixed price, indefinite-delivery requirements contract for the repair of the Brake Assemblies. Subsequent award will consist of a three-year base period and two one-year option periods. The USCG desires a Turn-Around-Time no greater than 70 days from time of material receipt at offeror's facility to prevent Aircraft On Ground supply issues. The offeror (or vendor as appropriate) shall maintain FAA certification for repair of the component identified in the Schedule for the entire duration of this contract. The offeror shall provide immediate notification to the Contracting Officer upon loss of required FAA certification. 2.4 The offeror shall have access to parts and applicable specifications needed to repair the brake assemblies in accordance with the OEM's current specifications and procedures. Rapco Fleet Support, Inc FAA Product Manufacturing Authority (PMA) replacement brake parts are authorized for use. The USCG reserves the right to review and modify all inspection, repair and test procedures. The offeror shall provide written notification to the Contracting Officer no later than fourteen (14) calendar days following changes to applicable OEM specifications and procedures. In the event the USCG wishes to incorporate any such change into the contract, a written contract modification will be issued. 2.5 The offeror shall be ISO 9000 compliant or have a quality system acceptable to the USCG. 3.0 REQUIREMENTS Repaired brake assemblies must comply with the current OEM's specifications, drawings, Service Bulletins, and performance requirements IAW with CMM 32-40-07 (publication # AP-531) and Coast Guard TOPS 2. The offeror is responsible for all necessary functions to perform the services requested. This includes, but is not limited to required tooling, test equipment, parts, material, engineering services, management, maintenance, serviceable and non-serviceable parts storage, preservation, packaging, shipping, etc, to repair Part Number 9550504 Brake Assemblies. 3.1. Replacement parts shall be new OEM parts or FAA approved Parts Manufacturer Approval (PMA) parts that have been evaluated and approved for use by the USCG in these repairs. A list of FAA PMA parts can be found at www.rapcoinc.com/rfs/pdf/Falcon 20.pdf. 3.2 Possess, have access to, or ability to obtain current OEM Component Maintenance Manuals, drawings, specifications, and tooling to ensure that the equipment is repaired, calibrated, and operating in accordance with the manufacturer's latest performance, test and acceptance specifications. 3.2.1 All OEM manuals, drawings, specifications, and data shall have current revisions and dates. If the contractor has or receives newer information than that listed by the USCG in the solicitation, the contractor must identify those manuals, specifications and data including Service Bulletins, Modifications, and Amendments, and provide a brief synopsis of the revisions and dates to the USCG's Contracting Officer for approval. 3.2.2 Use OEM Service Bulletins (SB) and Modifications (MODs): 3.2.2.1 Have access to all current and new SBs and MODs issued by the OEM. 3.2.2.2 Insure that previous SBs and MODs that have been incorporated remain incorporated. 3.2.2.3 Identify new or unincorporated SBs or MODs and specify if SB or MOD will change the P/Ns or affect any pricing. 3.3. The offeror's responsibility to the USCG consist of preparing and submitting a detailed work specification along with submittal of the technical requirements below, past performance and pricing information for repair of brake assemblies. Coast Guard Time Compliance Technical Orders (TCTOs) and OEM Service Bulletins (SB) previously incorporated shall remain incorporated upon completion of work. New SBs shall be incorporated after review by the CG and upon approval notification from the CG Contracting Officer to incorporate the SB. 3.3.1 To meet the USCG's objectives the offeror will be required to meet the following criteria: 3.3.1.1 Technical 3.3.1.1.1 Detailed work specifications for Brake Assembly repair. 3.3.1.1.2 Either possess or show the ability to obtain adequate technical data, tooling and fixtures to meet the OEM's repair/test requirements. Repair shall be accomplished IAW OEM's CMM or USCG accepted procedures. All manuals and data shall have current revisions and dates. If the offeror has newer information than what was listed by the USCG in this solicitation the offeror must provide the latest revision number, Service Bulletin or amendment, a brief synopsis of the revision, and date to the USCG's Contracting Officer for approval. 3.3.1.1.3 Provide evidence of and ability to maintain a Quality System acceptable to the USCG. 3.3.1.1.4 If applicable, management plans for subcontractors participating on a major scale. 3.3.1.1.5 Corrective actions and procedures. 3.3.1.1.6 Plan of inventory replacement parts to preclude delinquent deliveries. 3.3.1.1.7 Provide a delivery schedule. 3.4 Past Performance 3.4.1 The USCG will utilize any source deemed relevant for past performance information, including USCG personnel with knowledge of prospective offeror's past performance and Government Past Performance information retrieval system. 3.4.2 Provide documentation for having performed repair of similar or like items. 3.4.3 Provide points of contact for past performance documentation over the past two years on the servicing of similar or like items. Include references' name, company, phone number, and e-mail address. 3.4.4 Documented or demonstrated performance will include but is not limited to: 3.4.4.1 Customer satisfaction monitoring 3.4.4.2 Turn-around time. 3.4.4.3 The number, frequency and severity of quality deficiencies. 3.4.4.4 Resolution of quality deficiencies after notification. 3.4.4.5 Percentage of on-time deliveries for all contracts. 3.4.4.6 Responsiveness to urgent requirements/contractual issues. 3.5 Price Proposal 3.5.1 The prospective offeror's price proposal will be evaluated using the following criteria: 3.5.1.1 Reasonableness: Reasonableness will be established to the extent practicable by the existence of adequate competition, by comparison of all or a representative sample of proposed prices/costs to industry average rates and/or price/cost from other contracts for similar work. Offeror's submitted pricing information on the prices at which the same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include: A): For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; B): For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; C): For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. 3.5.1.2 If required to determine price reasonableness, the offeror may be requested to provide separate cost breakdowns inclusive of parts and labor for repair and/or overhaul. 4.0 APPLICABLE DOCUMENTS 4.1 The following Technical Specifications are applicable: 4.1.1 Meggitt Aircraft Braking Systems Component Maintenance Manual: CMM 32-40-07, Revision 6, dated 31 July 2008 (MABS Publication # AP-531). 4.1.2 CGTO Page Supplement 2 dated 21 September 2007. 4.1.3 Rapco Fleet Support Inc, FAA Parts Manufacturer Approved Replacement Brake Parts dated August 29, 2007. 4.2 Data Availability: 4.2.1 OEM manuals, Service Bulletins and specifications are proprietary and cannot be provided by the USCG. The offeror shall obtain their own vendor OEM component maintenance manuals, drawings and specifications as applicable. The USCG does not own nor can it provide this data. 4.2.2 Rapco Fleet Support Inc FAA Approved PMA Parts can be found at www.rapcoinc.com/rfs/pdf/Falcon 20.pdf. 4.2.3 USCG specific CGTOs can be acquired through the Freedom of Information Act (FOIA). Submit a written request to: Commanding Officer Attn: ALC FOIA OFFICER USCG/ALC Elizabeth City, NC 27909 5.0 MARKING, PACKAGING, AND PRESERVATION 5.1 Unless otherwise specified by the CMM, the contractor shall comply with ASTM D 3951-98 (11/10/98) (Re-approved 2004), Commercial Packaging, Shipping and Storage Procedures. 5.2 Each individual container shall be labeled on the outside with the National Stock Number, P/N, S/N, nomenclature, contract number, delivery order number, CLIN, and vendor cage. 5.3 The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period not less then one year. 5.4 Packaging matter shall not consist of the following materials: popcorn, shredded paper, Styrofoam or any type of peanut packaging. 5.5 Bar coding is authorized but not required. 6.0 Inspection and Acceptance Requirements 6.1 Notwithstanding any requirement for specific inspections to be performed solely by the government, the contractor shall perform all inspections, tests, and checks as required to substantiate that the supplies and services provided under the contract conform to the latest drawings, specifications, CMMs and contract requirements listed herein. 6.2 The USCG reserves the right to invoke Defense Contract Management Agency (DCMA) requirements as it deems necessary. 6.3 Final inspection and acceptance will be performed by Aviation Logistics Center quality assurance personnel for kind, count, and condition only. 6.4 The contractor shall provide Federal Aviation Airworthiness (FAA) Form 8130.3 or a Certificate of Conformance (COC) with each repaired component. FAA Form 8130-3 is preferred. The following Federal Acquisition Regulations (FAR) and Homeland Security Acquisition Regulation (HSAR) Provisions and Clauses Apply: 52.212-1 Instructions to Offerors-Commercial Items. (June 2008) FAR 52.212-2 Evaluation - Commercial Items (Jan 1999) The USCG intends to award one contract resulting from this solicitation to the reasonable offeror whose offer conforms to the solicitation, and will be most advantageous and best value to the government, technical, price and other factors considered. The USCG may determine the best value which meets a higher price based on technical superiority. The USCG using sound business judgment, will base the selection decision on an integrated assessment of the proposal's relative capability as measured against source selection criteria below: Factor 1-Technical Factor 2- Past Performance Factor 3- Price Factors 1, and 2 are equal and each is significantly more important than Factor 3. As Factors 1 & 2 become increasingly closer then Factor 3 gains importance in the decision process. 52.212-3 Offeror Representations and Certifications-Commercial Items. (AUG 2009) Alternate I (Apr 2002). An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. 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://acquisition.gov/far/index.html. 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (OCT 1997) Alternate IV (OCT 1997) (a) Submission of Cost or Pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.217-5 Evaluation of Options (JUL 1990) HSAR 3052.247-72 F.O.B. Destination Only (DEC 2003) Offers are invitied on the basis of F.O.B. Destination only. Offers submitted on any other basis will be rejected as nonresponsive. 52.212-4 Contract Terms and Conditions-Commercial Items. (MAR 2009) 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.211-15 Defense Priority and Allocation Requirement DO-A1 (APR 2008) 52.216-18 Ordering (OCT 1995) at any time during the effective term of the contract including the effective period of any option(s) exercised. 52.216-19 Order Limitations (OCT 1995) (a) 2 each (b)(1) the total estimated contract line item quantity (b)(2) the combined estimated contract quantity (b)(3) 15 calendar days (d) 15 calendar days 52.216-21 Requirements (OCT 1995) Alt I (APR 1984) (f) 01 March 2015 52.217-9 Option to Extend the Term of the Contract (MAR 2000) para (a) - within the 30 day period prior to contract or option period expiration. para (c) - 5 years 52.242-13 Bankruptcy (JUL 1995) 52.246-2 Inspection of Supplies - Fixed Price (AUG 1996) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-11 Higher-Level Contract Quality Requirement (FEB 1999) The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract. 52.246-15 Certificate of Conformance (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 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 Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2009) (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)). Alternate I (Aug 2007) of 52.222-50 (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: [Contracting Officer shall check as appropriate.]  (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). ___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (7) [Reserved]  (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7.  (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9.  (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).  (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). The following paragraph of this clause may require completion: (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it __ is, __ is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer's name and title].  (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).  (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).  (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).  (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).  (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).  (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).  (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).  (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (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.) ___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (32) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).  (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).  (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (40) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).  (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: [Contracting Officer check as appropriate.]  (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).  (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Basic Equivalent Average Hourly Wage (Step1) Aircraft Mechanic I....................................WG-10................$20.60 Aircraft Mechanic Helper............................WG-5..................$15.87 BENEFITS: Annual Leave: 2 hours per week for service less than 3 years; 3 hours per week for services of 3 years but less than 15 years; and 4 hours per week for 15 years or more. Paid Holidays: Ten per year. Government's contribution to sick leave and to life, accident and health insurance: 5.1 percent of basic hourly rate. Government's contribution to retirement pay: 7 percent of basic hourly rate. (End of clause)  (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). ___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause". Alternate II (May 2009). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to - (i) Examine any of the Contractor's or any subcontractor's records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c) of this clause, the Contractor is not required to flow down and FAR clause in a subcontract for commercial items, other than - (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause - (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (G) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 52.222-51, Exemption from Application of the Service Contract to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (Nov 2007) (41 U.S.C. 351 et seq.). (K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (L) 52.222-54, Employment Eligibility Verification (Jan 2009). (M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. DOL WAGE DETERMINATIONS 2005-2503 REV 8; 2005-2053, REV 10; 2005-2309, REV 7; 2005-2111, REV 9; 2005-2347, REV 8; 2005-2581, REV 7; 2005-2495, REV 10 are applicable to this solicitation and the appropriate wage determination related to the contract location of contract awardee is available at http://www.wdol.gov/sca.aspx#0. These wage determinations are also available upon request to this agency by contacting Tonya Bush at E-mail: Tonya.W.Bush@uscg.mil. HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSE  3052.222-90 Local Hire (Jun 2006) ____ Local Hire Clause Not-Applicable (End of clause) COCO Alert 08-33: Attachment 1 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 General 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG 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. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. 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: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695. Closing date and time for receipt of quotations is 28 September 2009, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Quotations may be submitted on company letterhead stationery indicating the nomenclature, delivery schedule, part number, unit price and extended price; payment terms and any discounts offered for prompt payment, the business size standard and any minority classification; and delivery date and MUST include the required FAR 52.212-3, including Alternate 1, Offeror Representations and Certifications. Copies are available by calling the agency or by downloading the document from FedBizOps as posted under this solicitation. All quotations submitted shall have a valid Vendor Cage Code and Dun & Bradstreet number (DUNS) or the ability to get one, and be registered in Online Representations and Certification (ORCA). Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5427, attention Tonya Bush. Electronic submission may be sent to Tonya.W.Bush@uscg.mil.
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16 -- Repair of HU25 brake assembly