Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 11, 2010 FBO #3213
SOLICITATION NOTICE

16 -- Repair of HC-144A APS-143C(V)3 radar system - J&A

Notice Date

9/9/2010
 

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

HSCG38-10-Q-011043
 

Archive Date

10/29/2010
 

Point of Contact

Tonya W Bush, Phone: 252-335-6195, Wade D. Johnson, Phone: 252-335-6142
 

E-Mail Address

tonya.w.bush@uscg.mil, wade.johnson@uscg.mil
(tonya.w.bush@uscg.mil, wade.johnson@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

J&A 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 HSCG38-10-Q-011043 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-44. The North American Industry Classification System (NAICS) code is 488190. The small business size standard is $7.0 million average annual receipts. This contract will be awarded as a firm-fixed-price contract. Quoters must submit prices for each year of the Base and Option period in order to be considered for award. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. The USCG intends to negotiate and award to the authorized OEM (Original Equipment Manufacturer) based on FAR 6.302-1. These parts are for use on the HC-144 aircraft. The contract will include a 3-year base period and one option period of two years. The total duration of this contract shall not exceed five years. ALL QUANTITIES ARE ESTIMATES. All responsible sources may submit a capability statement and quotation which shall be considered. FIRM-FIXED PRICES FOR REPAIR OF THE FOLLOWING: BASE YR BASE YR BASE YR OPT YR OPT YR LINE ITEM YR 1 YR 2 YR 3 YR 1 YR 2 0001 NSN: 5836-01-HS1-9298 P/N: 737-4000-001 (less **TWTA) RECEIVER TRANSMITTER 3 3 4 5 5 0001A No Fault Found For P/N 737-4000-001 1 1 1 1 1 (Applicable only to Receiver Transmitter(less**TWTA) 0002 NSN: 5836-01-HS1-9298 P/N: 737-4000-001 (**TWTA only) RECEIVER TRANSMITTER 0 0 1 1 1 0003 NSN: 5985-01-HS1-9891 P/N: 737-5000-002 ANTENNA-PEDESTAL 1 1 1 1 1 0003A No Fault Found For P/N 737-5000-002 1 1 1 1 1 0004 NSN: 1680-01-HS1-9892 P/N: 737-3000-001 MMR SIGNAL PROCESSOR ASSY 3 3 4 4 4 0004A No Fault Found For P/N 737-3000-001 1 1 1 1 1 0005 Contractor Receipt/Verification As required *NSP of Material 0006 COC or FAA Form 8130-3 As required *NSP *NOT SEPARATELY PRICED Contractor shall submit a proposal, which shall include: • Performance Work Statement • Performance Metrics and Incentives Program • Identification of Key Personnel • Quality Certifications • Data Package • Past Performance • Cost Proposal - Contractor shall submit a quotation including the requested information for other than cost or pricing data. CONTRACT LINE ITEM NUMBER REQUIREMENTS The contract will designate two repair cost for the receiver transmitter (R/T) part number 737-4000-001. The travel wave tube am (TWTA) part number 528131-2 is a major subcomponent of the R/T and is about 30% of the new cost of the R/T. Therefore, repair or replacement of this TWTA is priced separately which will require two repair cost for the R/T. One repair cost will cover the repair of the R/T plus the cost of repair or replacement of all piece parts except the TWTA. The other repair cost will cover repair of the R/T including repair or replacement of all SRU components including the TWTA. The cost for repair or replacements of all other piece parts or subcomponents (SRUs) for the signal data processor and the antenna pedestal included in this contract will be considered as part of the firm fixed price repair of the S/P and the A/P. The contract will also include a No Fault Found CLIN for each of the three major components; the receiver/transmitter (R/T) (737-4000-001), the signal data processor (S/P) (737-3000-001), and the antenna pedestal (A/P) (737-5000-002). F.O.B. POINT F.O.B. Destination Applies- the contractor will be responsible for shipping charges. 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 and delivery order 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 the cost (including if requested, 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. 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, 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 a second copy shall be included with each packing slip. PACKAGING AND MARKING Packaging and marking will be accordance with ASTM D 3951-98 (11/10/98). Also, the contractor shall remove the unserviceable tag, DD FORM 1577-2 from the components. The Coast Guard Avionics Tracking (metallic) bar code shall remain attached and visible, with the applicable component. Packaging material shall NOT consist of the following material: popcorn, shredded paper, Styrofoam of any type or peanut style packaging. INSPECTION AND ACCEPTANCE Inspection and acceptance shall be performed by ALC Quality Assurance personnel for count and condition only. If unit is shipped to an Air Station, Air Station personnel will perform this duty. The contractor shall provide a Certificate of Conformance (COC) and/or an FAA Form 8130-3/8130-4 Airworthiness Approval Tag which shall be attached to each reworked component and a copy with the packaging slip. Reworked/modified components found to have deficiencies will be reported on standard form "SF 368", Product Quality Deficiency Report, to the contractor for investigation. The contractor shall report findings of the investigation, within 30 calendar days after receipt of the quality deficient exhibit, to the Contracting Officer. PERIOD OF PERFORMANCE The period of performance shall consist of one base period to begin at time of award through three years and one option period of two years. The total duration of the contract shall not exceed five years. SHIPPING INSTRUCTIONS Reworked/modified items shall be shipped FOB destination (except when AOG occurs, or unless otherwise noted on delivery order) to the following address: U.S. Coast Guard Aircraft Logistic Center Receiving Section, Building 63 Elizabeth City, NC 27909 MARK FOR: (to be provided at time of award) DELIVERY ORDER NO. ____________________________ (assigned upon issuance) ITEM NO. ____________________________ (assigned upon issuance) DELIVERY SCHEDULE The Government desires delivery no later than thirty (30) calendar days after receipt of material (ARM) at contractor's rework facility and is required no later than sixty (60) days after receipt of material at contractor's rework facility. The contractor may propose an earlier delivery. The contractor's proposed earlier delivery schedule will then be the required delivery schedule for the contract. EARLY DELIVERIES The contractor is requested to ship items completed prior to the required delivery date, if no additional charges occur to the government. URGENT REQUIREMENTS Aircraft on the ground, (AOG), status necessitates a special schedule. Delivery shall be no longer than seven (7) calendar days from contractor's receiving dock to contractor's shipping dock. Material shall be shipped by the fastest traceable means, i.e., Federal Express "next day delivery". The shipping container shall be marked on the outside in a highly visible method "A.O.G.". MATERIAL TRACKING SYSTEM REQUIREMENTS The contractor shall maintain a legible component tracking form for each item reworked/modified. A copy of the tracking form (i.e., contractor's existing form) to be used shall be submitted with the contractor's proposal, at which time it will be reviewed for the required information and acceptability by the Contracting Officer. The tracking form shall show the component's part number, nomenclature, serial number, installed software version and specific rework performed including man-hours and materials. Replaced electronic components shall be identified by the electronic schematic component designation. In addition the contractor shall review all manufacturer's service bulletins, service information letters and equipment revisions for applicability against the reworked item's part number. The contractor shall indicate on the tracking form those which are applicable and whether or not they have been installed on the serial number item being reworked. Two legible copies of the tracking form are to be distributed as follows: A. 1 copy shall be placed inside of the shipping container with the reworked component. B. Within 5 calendar days after rework completion, 1 copy shall be mailed to the following address: Commanding Officer U. S. Coast Guard Aviation Logistic Center ATTN: Code 3200 (Tracking Data Entry) Elizabeth City, NC 27909-5001 ESTIMATED QUANTITIES Failure of the Government to furnish any of the line items in the amounts or quantities described as "estimated" or "maximum" will not entitle the contractor to any equitable adjustment in price. RIGHT OF THE GOVERNMENT The Government reserves the right to have these units repaired "in house". STATEMENT OF OBJECTIVES 1.0 BACKGROUND The U.S. Coast Guard currently operates eight HC-144A aircraft. The HC-144A is manufactured by EADS CASA Aircraft based in Seville, Spain. End state for the fleet size is still under review but could include as many as 36 assets. The projected average annual flight hours for the HC144A operational aircraft are 1,200. Projected number of operational aircraft for the five-year contract period: Contract Period Fiscal Year Average Number of Operational Aircraft Base Period - Year 1 FY11 11 Base Period - Year 2 FY12 12 Base Period - Year 3 FY13 13 Period One - Year 1 FY14 14 Period One - Year 2 FY15 14 The base CASA CN-235M aircraft provides the foundation for the HC-144A, changes to base aircraft configuration and the addition of supplementary systems have been combined resulting in a CG01version of the CN-235M, the USCG HC-144A Maritime Patrol Aircraft. These aircraft support the Coast Guard Search and Rescue (SAR) missions as well surveillance and reconnaissance missions performed primarily over water where the aircraft and system components are constantly operated in salt-laden environments. The HC-144A's ability to successfully meet mission requirements relies heavily on fully functional APS-143C(V)3 radar systems. The APS-143C(V)3 OceanEye Sea Surveillance and Imaging Radar is a modern pulse compression search and imaging radar which provides airborne platforms with a system to search for and detect surface targets while performing over water and overland surveillance. This radar has a stabilized antenna. OceanEye incorporates several techniques to minimize the effects of sea clutter and also has a water avoidance mode which provides the capability to detect thunderstorms and rain. The APS-143C(V)3 uses proven radar techniques to detect targets. Small target detection is enhanced by scan-to-scan integration techniques which rely on the persistence of a target, special clutter algorithms, and a low NF receiver. The radar accepts navigation data (position, heading, velocity, pitch/roll, altitude, etc.) from the airborne navigation system. The APS-143C(V)3 radar system consist of three major components: the receiver/transmitter (R/T) (737-4000-001), the signal data processor (S/P) (737-3000-001), and the antenna pedestal (A/P) (737-5000-002) and is designed for a belly-mount configuration. The APS-143C(V)3 radar major components are serial number tracked under the Coast Guard's Aviation Computerized Maintenance System (ACMS). This tracking provides a historical record of repair, overhaul, maintenance, and item location and status. It also provides an effective method of configuration control. 2.0 OBJECTIVE The Coast Guard's objective is to obtain services of a Federal Aviation Administration (FAA) authorized repair center, or equivalent, to effectively test, troubleshoot, clean, repair and/or modify components of the APS-143C(V)3 radar to the latest configuration to provide Ready For Issue (RFI) APS-143C(V)3 radar components in support of the HC-144A aircraft. Part numbers identified are the part numbers installed on the delivered aircraft, procured as repair pipeline sparing, or identified in the aircraft OEM cross reference manuals. Additional quantities for any modified B(V)3 system to the C(V)3 system are considered as being within the scope of the contract and may be added to the contract as agreed upon by both parties. Repaired APS-143C(V)3 radar components must comply with the Original Equipment Manufacturer's (OEM) specifications, OEM maintenance manuals, drawings, Service Bulletins, USCG authorized OEM component software where applicable and the performance requirements set forth in the OEM technical specifications that are current at the time of repair. Each APS-143C(V)3 radar component when installed will be required to operate as designed and interface with the other subsystems onboard the aircraft without the need for adjustment, calibration or induce degradation of system operations. The contractor is responsible for all necessary functions to perform services requested. This includes, but is not limited to: Trained personnel; Required Tooling; Calibrated Test Equipment; FAA and/or OEM approved replacement parts; possession of or access to all current publications and documents pertaining to repair of the APS-143C(V)3 radar components covered under this procurement action; preservation and shipping. The offeror's responsibilities to Coast Guard ACMS consist of ensuring that the significant component history corresponds with the component, and that all OEM service bulletins remain incorporated upon completion of work. Under a performance-based contract structure, performance metrics and service level agreements will be used to monitor the performance of this contract. The Coast Guard Aviation Logistics Center (ALC) HC-144A Project Office and the winning offeror will baseline and monitor progress using agreed-to performance metrics and service level agreement. To meet the Coast Guard's objectives, the offeror will be required to meet the following criteria. (1) Provide detail work specifications for baseline repair of the APS-143C(V)3 radar components. (2)Provide a written Performance Metrics plan. (3) Provide evidence of an ability to maintain a Quality System acceptable to the Coast Guard. (4) Possess or show ability to obtain adequate technical data, tooling, and fixtures to meet the OEM current repair specifications. (5) Provide documents supporting ability to obtain OEM parts or documentation of FAA approval of parts that meet the OEM current specifications. (6) Provide documentation for having performed repair of similar or like items. (7) Provide Points of Contact for past performance documentation for the past two years to include: references' name, company, address, phone number, and e-mail address. (8) Provide an incentive proposal. (9) Provide repercussions for failure to meet Turn-Around-Time (TAT). 3.0 APPLICABLE DOCUMENTS The following Technical Specifications are applicable: • OEM current repair and maintenance support documentation • OEM Service Bulletins (SB) The Coast Guard does not possess and cannot provide OEM manuals, Service Bulletins and/or specifications. Definitions Turn around time (TAT): Turn around time is defined as the time item is received at vendor's facility until item is returned to ALC or designated Air Station. Premature failures are identified as those failures which occur during testing prior to installation or within the first 250 hours of operation. GOVERNMENT FURNISHED PARTS The spare piece parts that will be provided as Government Furnished Parts (GFP) for use in the repair of components covered under this contract are listed as follows: P/N NOMENCLATURE QUANTITY (EA) 413322-1 ROTARY JOINT ELEVAT 1 518727-1 MOTOR -EL 1 518745-1 SERVO MOTOR AZIMUTH 1 529550-001 ROTARY JOINT, AZ 1 528073-1 SLIP RING ASSY 1 737-3140-001 RADAR SIGNAL PROCES 1 737-3120-001 DSP HOST 1 7737-3130-001 DSP CONFIGURED 1 528131-2 TRAVEL WAVE TUBE AM 1 In an effort to reduce the repair turn around time, the Coast Guard will provide the above parts as GFP. The GFP will be returned to the Coast Guard in Ready For Issue (RFI) condition should the contract be terminated, cancelled, or expire. The Contractor shall be responsible for the management of the GFP material and is required to repair and replenish the GFP inventory as necessary in the course of performing repairs to components under this contract. The firm-fixed repair prices for this contract will provide the price for repair of the GFP TWTA. The price for repair of all other GFP items listed above is included with the repair price for the specific LRU as identified in the contract line item pricing. 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) 52.212-2 Evaluation - Commercial Items (Jan 1999) Evaluation Factors: The Coast Guard intends to award one contract to the Contractor whose proposal is identified as offering the best value solution. The best value for the Coast Guard may merit a higher price based on technical superiority. Using sound business judgment, the government will base the selection decision on an integrated assessment of the proposal's relative capability as measured against the below evaluation factors: Factor 1 - Technical/Management Solution/Approach Factor 2 - Performance Measures and Metrics Factor 3 - Past Performance Factor 4 - Cost/Price Factor 1 and Factor 2 are equal and each is significantly more important than Factor 3. While the Cost/Price is an important part of the integrated selection decision, the non-Cost/price factors are significantly more important than the Cost/Price factor. Cost/price will become increasingly important as proposal evaluation rating for technical factors approach equal. DETAILED FACTORS Factor 1: Technical Management/Solution/Approach The technical/management solution/approach will be evaluated for its quality and evidence of extent to which Contractor's solutions will achieve Coast Guard objective of RFI APS-143C(V)3 radar components that meet current OEM specifications. The evaluation will include an assessment that the solution adheres to sound engineering, design and management practices and that the Contractor has a complete understanding of the objectives, constraints and is customer focused. Evidence of the quality of the technical management /solution/approach includes: (a) A comprehensive performance work statement and contract breakdown structure that identifies the services to be implemented to meet the program and mission requirements set forth in the statement of objectives. (b) A sound technical proposal that clearly demonstrates how implementation of the proposed solutions will deliver timely, stable, reliable, secure, flexible, responsive, compliant and cost effective services. (c) A sound partnering approach to management that demonstrates the ability to aggressively identify and apply information technology solutions to business processes. The management approach needs to provide: • Highly qualified and experienced key personnel with a proven track record of success in providing large enterprise-wide managed services under performance based arrangements. • Clear lines of communication between the Contractor's team and the Coast Guard for timely problem identification, mitigation and resolution. • Active and continuing participation and involvement of senior corporate executives in ensuring the success of this program. (d) The Contractor's validated process and procedures that ensure high quality performance. i.e. ISO 14001 type or other quality certifications. Factor 2: Performance Measures and Metrics The offered performance metrics and service level agreements will be evaluated for the extent they are: (a) Comprehensive in their ability to quantify, measure, track and report operational performance relating to both system and management performance as well as achievement of Coast Guard objectives. (b) Identifying the highest level of service consistent with cost effectiveness, such as Mean Time Between Failure (c) Tied to performance incentives and disincentives that are directly related to meeting or exceeding mission critical performance metrics. Factor 3: Past Performance The past performance evaluation will examine how the Contractors past and present performance validates expected performance and customer satisfaction. The Coast Guard may use data obtained from other sources to conduct the past performance assessment, as well as that provided in the proposal. The past performance evaluation will also examine the Contractor's actual performance on repair of similar or like items. This review will focus on the scope and complexity of the efforts, the performance measures' service levels applied, and the actual results achieved against those measures. Factor 4: Cost/Price Each Contractor's cost/price proposal will be evaluated based on the following: (a) Evaluation of proposed price/cost. (b) Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to industry average rates and/or rates from other contracts for similar work, etc. (c) Realism: If applicable, a realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, material kinds and quantity for reach identified CLIN/SubCLIN in the contractor's proposed cost/price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the Contractor's technical proposal. 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. 52.252-2 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. 52.212-3 Offeror Representations and Certifications-Commercial Items. (AUG 2009) Alternate I (Apr 2002). These certifications must be included with quotation, IAW FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the ORCA web site at http://orca.bpn.gov. Please ensure completion prior to submission of your quotation. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically. If an offeror has not completed the annual representations and certifications electronically at the ORCA web site, the offeror shall complete only paragraphs (c) through (m) of this provision. 52.212-4 Contract Terms and Conditions-Commercial Items. (JUN 2010) 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) 1 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 2016 52.217-5 Evaluation of Options (JUL 1990) 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 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Certification (NOV 2007) 52.242-13 Bankruptcy (JUL 1995) 52.245-1 Government Property (AUG 2010) 52.245-9 Use and Charges (AUG 2010) 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) 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. 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. HSAR 3052.219-70 Small Business Subcontracting Program Reporting (JUN 2006) HSAR 3052.219-71 DHS Mentor-Protégé Program (JUN 2006) HSAR 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor-Protégé Program (JUN 2006) HSAR 3052.245-70 Government Property Reports (JUN 2006) (a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors. (b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on Form DHS F 0700-05, Contractor Report of Government Property (End of Clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JUL 2010) (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 check as appropriate.] X (1) 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). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (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 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L.109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). __ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (8) [Reserved] __ (9)(i) 52.219-6, Notice of Total Small Business Set-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. __ (10)(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. X (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). X (12)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2010) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. X (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). X (14) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (15)(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. __ (16) 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). __ (17) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). X (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). X (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (21) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (24) 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). X (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). X (26) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (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). X (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)). X (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 (Feb 2010) (31 U.S.C. 3332). __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). X (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.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (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 (Sep 2009) (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) (41 351, et seq.). X (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 (Apr 2010) (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 (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (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) Closing date and time for receipt of quotations is 14 OCTOBER 2010, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427, Attention: Tonya Bush. Electronic submissions may be sent to Tonya.W.Bush@uscg.mil. Quotations may be submitted on company letterhead stationery and must include pricing, Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All quoters shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. COCO Alert 08-33 Attachment 1, Notice for Filing Agency Protests, is included with this solicitation. 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.
 

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