Loren Data's SAM Daily™

FBO DAILY ISSUE OF DECEMBER 09, 2012 FBO #4033
SOLICITATION NOTICE

16 -- Repair and Overhaul Landing Gear P/N: 3303591-3 - RFQ 13-Q-300019

Notice Date

12/7/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 

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

HSCG38-13-Q-300019
 

Archive Date

1/12/2013
 

Point of Contact

Bekki E Koci,
 

E-Mail Address

bekki.e.koci@uscg.mil
(bekki.e.koci@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

SOW 13-Q-300019 RFQ 13-Q-300019 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using commercial acquisition procedures specified in FAR Parts 12 and 13. Solicitation number HSCG38-13-Q-300019 is assigned to this procurement for tracking purposes only and is issued as a Request for Quotation (RFQ). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-62. This solicitation is issued as a total Small Business Set-side. All responsible sources may submit a quotation which shall be considered by the agency. The North American Industry Classification System Code is 336413 and the small business size standard is 1,000 employees. Description of the Requirement: Repair and Overhaul of Landing Gear, for the HC-130H Aircraft. Repair and Overhaul of Landing Gear, P/N: 3303591-3, NSN: 1620-00-505-1184, in accordance with (IAW) Airforce Technical Manual AFTO: 4S2-23-3 (change 2 dated 25 Jan 2012) & AFTO: 4S2-23-4 (change 11 dated 13 Feb 2012) & statement of work. Quantity 5 Each. Requirement: The Landing Gear shall be Repaired and Overhauled for return to service on U.S. Coast Guard C130H Aircraft, Ready for Issue (RFI). The contractor shall provide all parts, labor, tooling, test equipment and facilities necessary to repair and overhaul the Landing Gear to Ready for Installation (RFI) condition. The contractor shall perform a visual and technical inspection IAW the Technical Manual and Statement of Work to correct all additional deficiencies found. This work shall include Repair and Overhaul of all related components and include replacement of missing or broken parts and the removal of any foreign matter or corrosion. Air Force Technical Order (AFTO): AFTO: 4S2-23-3 (chg 2 dated 25 Jan 2012) & AFTO: 4S2-23-4 (chg 11 dated 13 Feb 2012) Repair and Overhaul work shall be performed in accordance with the latest revision AFTO. This is the latest known revision. The USCG can release Hill AFB AFTO's to perspective vendors to perform the necessary equipment repair and overhaul work. Contractors shall submit an email request to: Bekki.E.Koci@uscg.mil. Email request shall identify the solicitation number: HSCG38-13-Q-300019 and AFTO number. Request made on last day of closing will not be released. Serviceable and replacement Parts: Parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be re-used. Missing parts or parts found to be defective shall be replaced with new parts that meet or exceed the Technical manual specifications. Only new replacement parts with traceability to the Original Equipment Manufacturer (OEM) are acceptable for this requirement. Service Contract Act of 1965 Compliance and place(s) of Performance: Services shall be performed at the contractor operated facility and the contractor shall provide all tools, equipment, personnel and other resources necessary for contract performance. It is anticipated the resulting contract will incorporate the Service Contract Act of 1965. The applicable Department of Labor Wage Determination for the place of performance will be incorporated and made a material part of the resulting contract. The contractor shall then be required to pay its employees the prevailing wages and benefits issued by the Department of Labor in the form of Wage Determinations during the performance of the resulting contract. At this time the place of performance is unknown. The following possible places of performance have been identified with their applicable Wage Determinations: a. Los Angeles County, CA Wage Determination 2005-2047, Rev. No. 13, dated 6/13/2012. b. Broward County, FL Wage Determination 2005-2111, Rev. No. 13, dated 6/13/2012. c. Suffolk County, NY Wage Determination 2005-2373, Rev. No. 12, dated 6/13/2012. Wage Determinations are available on-line at http://www.wdol.gov at no cost to the public. Potential offerors can immediately obtain Wage Determinations for their locality. The Department of Labor (DOL) Wage Determinations OnLine website link for frequently asked questions is http://www.wdol.gov/faqs.aspx. The DOL website also provides assistance in choosing the applicable wage determination and provides automatic notifications for updates and/or changes to wage determinations. WHD Publication 1313 Notice to Employees Working on Government Contracts will be included in the resulting contract. The contractor shall be required to post this Notice along with a copy of the Wage Determination in a prominent, accessible place in the worksite before contract performance begins. This publication advises employees of the compensation (wages and fringe benefits) required to be paid or furnished under the Act and satisfies the notice requirements in paragraph (g) of the clause at 52.222-41, Service Contract Act of 1965. Failure to comply with this requirement is a violation of section (2)(a)(4) of the Act and of the resulting contract. Additional class of employees: In accordance with FAR 52.222-41 Service Contract Act of 1965, paragraph (c)(2)(i) the contractor shall be required to classify any class of service employee which is not listed in the wage determination and which is to be employed under the contract. The conforming procedure shall be initiated by the contractor prior to the performance of contract work by the unlisted class of employee. Airworthiness Certification: The Landing Gear is classified as Flight Critical. The contractor shall certify all repaired and Repaired equipment to be Airworthy and suitable for installation on USCG aircraft. The contractor may use the FAA Form 8130 Airworthiness Certificate, however; use of this form is not required. The contractor may use an equivalent Airworthiness Certificate to certify the airworthiness of a repaired component. An equivalent Airworthiness Certificate used for other Government agencies such as an Air Force Airworthiness Certificate or a contractor developed USCG approved or OEM Airworthiness Certificate that is equal to the FAA 8130 form is acceptable. Airworthiness Certifications shall only be performed by qualified individuals as qualified for commercial aviation industry under FAA Regulations. Delivery: Required delivery is 90 days After Receipt of Material (ARM). Partial deliveries and earlier deliveries are acceptable at no additional cost to the Government. The actual delivery date will be established upon issuance of the purchase order. If the required delivery time frame of 90 days ARM cannot be met, quotes should reflect delivery dates or time frames the Government could expect shipment to occur ARM with shipment made fastest traceable means. Shipping: Equipment shall be delivered to: USCG Aviation Logistics Center Receiving Section Bldg 63 1664 Weeksville Rd. Elizabeth City, NC 27909 The following FAR provisions and clauses are incorporated: FAR 52.212-1, Instructions to Offerors - Commercial Items (Feb 2012) 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. Also, the full text of a provision may be accessed electronically at this address: http://www.acquisition.gov. FAR 52.211-14, Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008); DO-N5 Rated Order FAR 52.214-34, Submission of Offers in English Language (Apr 1991) FAR 52.214-35, Submission of Offers in U. S. Currency (Apr 1991) FAR 52.247-45, F.o.b. Origin and, Freight Prepaid (Feb 2006) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) Quotations shall identify the solicitation number: HSCG38-13-Q-300019 and include the Offerors Cage Code. The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities of CCR/FedReg, ORCA, and EPLS. Contractors must be registered in SAM.gov. Quotes may be submitted on company letterhead stationery indicating the National Stock Numbers, Nomenclatures, Part Numbers and Unit Pricing. Price: Quotes shall be in the English Language, in U.S. Dollars and be Firm Fixed Price. Quotes shall also include payment terms including any payment discounts which will be used only for payment of invoice purposes. Payment discounts are not evaluated as part of the price evaluation. FAR 52.212-2 Evaluation of Commercial (Jan 1999) The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision the following evaluation procedures shall be used: Quotes will be evaluated in accordance with FAR Part 13.106-2 Evaluation of quotations or offers. Technical Acceptability: Quotes must include copies of the following documents to be technically acceptable. 1) Copy of the latest known version AFTO cover sheet 2) Copy of a valid FAA Certification, OEM Certification, or Air Force Certified Facility 3) Airworthiness Certificate equal/equivalent to the FAA 8130 form 4) F.o.b. Destination quotes are preferred however an F.o.b. Origin, Freight Prepaid quote is acceptable. F.o.b. Origin, Freight Prepaid quotes MUST include an estimate of shipping costs, size diminutions, and weight, which will be added to the price quote for price evaluation purposes to arrive at the total cost to the Government. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2012) An Offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://www.acquisition.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 (o) of this provision. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) with the following addendum: This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov. FAR 52.211-15, Defense Priority and Allocation Requirements (Apr 2008) FAR 52.222-49, Service Contract Act - Place of Performance Unknown (May 1989) FAR 52.246-4 Inspection of Services - Fixed-Price (Aug 1996) FAR 52.246-15, Certificate of Conformance FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Packaging Instructions 1. Packaging requirements are best commercial procedures in compliance with ASTM D 3951-98 (2004) and CFR 49 with exceptions as stated herein. 2. The Coast Guard Aviation Logistics Center is a supply depot; therefore material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea. 3. Packaging material shall NOT consist of the popcorn, shredded paper, Styrofoam of any type or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year. 4. OEM Traceability documentation and Airworthiness Certificates required by this Purchase Order must be included with the item in its shipment container. 5. Each individual container shall be labeled on the outside and each individual part/component shall be labeled on the inside with *National Stock Number, *Part Number, *Serial Number, Quantity, Nomenclature (name of item), Line Item Number, and Purchase Order Number. The Material Inspection and Receiving Report (i.e. Commercial Packing Slip, DD250, etc.) and Certificates of Conformance (CoC) shall be placed on the outside on individual containers. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Nov. 2012) (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)). 0Alternate 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.] 0 (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). 0 (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)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 1 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug. 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). 0 (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). 1 (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). 0 (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matter (JAN 2012)(41 U.S.C. 2313). 1 (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, and section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub L. 110-161). 0 (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0 (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 0 (11) [Reserved] 1 (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). 0 (ii) Alternate I (Nov 2011) of 52.219-6. 0 (iii) Alternate II (Nov 2011) of 52.219-6. 0 (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0 (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). 0 (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (Jul 2010) of 52.219-9. 1 (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 0 (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 0 (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (19)(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). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). 1 (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). 0 (24) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). 0 (25) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Nov 2011). 1 (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). 1 (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 0 (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 1 (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 0 (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). 0 (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 0 (34) 52.222-54, Employment Eligibility Verification (JULY 2012). (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.) 0 (35)(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.) 0 (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.) 0 (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). 0 (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). 0 (ii) Alternate I (DEC 2007) of 52.223-16. 1 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 1 (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). 0 (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov. 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42 ). 0 (ii) Alternate I (Mar 2012) of 52.225-3. 0 (iii) Alternate II (Mar 2012) of 52.225-3. 0 (iv) Alternate III (Nov. 2012) of 52.225-3. 0 (41) 52.225-5, Trade Agreements (Nov. 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (42) 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). 0 (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (45) 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)). 0 (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 0 (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 0 (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 0 (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (51)(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). 0 (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 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 1 (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.). Note: This clause will be completed at contract award. 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 Monetary Wage/Fringe Benefits TBD TBD 0 (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.). 0 (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.). 0 (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.). 0 (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.). 0 (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). 0 (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 (Dec 2010) (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 $650,000 ($1.5 million 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 Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (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)). 0Alternate 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 (JULY 2012). (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) HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSE 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 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) The closing date and time for receipt of quotations is: December 28, 2012 at 4:00 pm. EST. Point of Contract: Bekki Koci, telephone responses will NOT be accepted. Quotes shall be sent to: Bekki.E.Koci@uscg.mil. Please indicate HSCG38-13-Q-300019 in the subject line of email.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-13-Q-300019/listing.html)
 

Place of Performance

Address: TBD, United States
 

Record

SN02945021-W 20121209/121207234358-537ba771a0aca932b530ba32b872c8dd (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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