SOLICITATION NOTICE
J -- HC-130H Aircraft Paint Services - STATEMENT OF WORK ATTACHMENT 1
- Notice Date
- 6/28/2013
- 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
- HSCG38-13-R-H00013
- Archive Date
- 7/25/2013
- Point of Contact
- Denise P Hall, Phone: 252-334-5369, Keith E. Hoffman, Phone: 2523356291
- E-Mail Address
-
denise.p.hall@uscg.mil, keith.e.hoffman@uscg.mil
(denise.p.hall@uscg.mil, keith.e.hoffman@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- Attachment 1 - Statement of Work for HC-130H model aircraft Paint Services 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; proposals are being requested and a written solicitation will not be issued. The Solicitation Number is HSCG38-13-R-H00013 and the solicitation is issued as a Request for Proposal (RFP) using the procedures of FAR 12 in conjunction with FAR 13.5. The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-67. This solicitation is issued on a full and open competition basis. The applicable North American Industry Classification Standard is 488190 and the Small Business Size Standard is $30M. All responsible sources may submit a proposal which will be considered by the agency. Description of the requirement: The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC), Long Range Surveillance Product Line, Elizabeth City, NC requires services for painting of a USCG HC-130H model Aircraft. Painting shall be performed in accordance with the Statement of Work (SOW), Air Force Technical Orders, USCG Drawings and ALC Engineering Specifications as identified in the SOW. The SOW is included as Attachment 1 to this solicitation. The USCG will provide the USCG Drawings, ALC Engineering Specifications, stencils and decals upon written request. The contractor is responsible for obtaining the AFTOs stated in the SOW. The USCG is soliciting Firm Fixed Price Proposals for performance of this work. CLIN 001 : Paint HC-130H model aircraft in accordance with the requirements of the Statement of Work; Quantity: 1 Each $_______________ The USCG intends to deliver the aircraft to the successful offeror's paint facility approximately 1 week after contractor award. The required turn-around-time is 25 days after delivery of the aircraft to the contractor's facility. Inspection and Acceptance of the painted aircraft will be performed by Contracting Officer's Representative (COR) with USCG Quality Assurance personnel with final acceptance to occur by form DD250 signed by the COR. FAR 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) is incorporated and tailored in accordance with FAR 12.302(a) Offerors shall agree to hold prices firm for 90 calendar days from the closing date of this solicitation. Offerors must be registered in System for Award Management (SAM) system prior to contract award. The Sam website is available at https://www.sam.gov/portal/public/SAM/ Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) Each offeror must submit a proposal package that shall consist of an Offer Letter, a Technical Proposal (Volume I), Past Performance Information (Volume II) and propose a Firm Fixed Price. Offer Letter: The Offer Letter shall express the offeror's interest in this contract engagement, include the offeror's cage code, the offeror's proposed firm fixed price to perform the work and payment terms including prompt payment discounts. The Offer Letter must be signed and dated. 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 performance of the resulting contract. At this time the place of performance is unknown. As required by FAR 22.1009-2 the following possible places of performance have been identified with their applicable Wage Determinations: a. Comal County, TX Wage Determination 2005-2521 Rev. No. 13 dated 06/13/2012 b. Columbia County, FL Wage Determination 2005-2115 Rev. No. 12 dated 6/13/2012 c. Orange County, CA Wage Determination 2005-2047 Rev. No. 13 dated 06/13/2012 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's (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. Offerors are required to identify applicable Employee Class for incorporation into FAR 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 will be completed at contract award and the applicable wage determination will be incorporated into the resulting contract. 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. Offeror's are to check applicable class of employees below and include any additional classes of employees Employee Class Check applicable class 23023 23022 Aircraft Painter _____ 23040 Aircraft Mechanic I _____ 21110 Aircraft Mechanic II _____ 23040 Aircraft Mechanic IIII _____ 21110 Aircraft Mechanic Helper _____ 21110 Aircraft Servicer _____ 23040 Aircraft Worker _____ 21110 Material Coordinator _____ 21110 Tools and Parts Attendant _____ ( Any additional classes) 21110________________________________ 21110 _______________________________ 21110________________________________ 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. FAR 52.209-7 Information Regarding Responsibility Matters (Jan 2011 ) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (End of provision) FAR 52.211-14 Notice of Priority Rating for National Defense Use (Apr 2008) DO-N5 rated. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) Full text of provisions clauses may be accessed electronically at https://www.acquisition.gov/far HSAR 3052.242-72 Contracting Officer's Technical Representative (Dec 2003 ) FAR 52.2-212-2 Evaluation of Commercial Items (Jan 1999) is applicable to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor I Technical Capability Subfactor 1. Relevant Previous Experience Subfactor 2. Facility and Quality Control System Factor II Past Performance Factor IV Price The above evaluation factors are listed in their order of importance. Non-price Factors when combined are more important than price. Factor I: Technical Capability: Offeror's shall submit a Technical Proposal demonstrating the offeror's understanding of, and capability to meet the requirements of the statement of work where the government will evaluate technical capability and assess proposal risk on the basis of the following subfactors: Subfactor 1. Relevant Previous Experience: Proposals shall describe in sufficient detail similar work performed on paint evolutions for C-130 type aircraft or similar size or larger fixed wing aircraft in which they followed applicable Technical Orders to complete the paint evolution. Proposals shall provide a sampling of the type and number of aircraft painted, including dates paint efforts were completed and describe the technical data and publications adhered to while performing the paint effort. Subfactor 2. Facility and Quality Control System Proposals shall describe in sufficient detail the offerors facility intended to be utilized for this paint effort demonstrating the facility has climate (temperature and humidity) controls and a method of monitoring these values during the priming and painting process. Offerors shall provide verification that climate controls have been in place during previous paint evolutions. Offerors shall also describe their quality control plan/processes for paint evolutions. Proposal risk will be assessed which will consider potential for disruption of schedule, increased cost, poor performance, the need for increased government oversight, and the likelihood of unsuccessful contract performance. Factor II: Past Performance Past performance will be evaluated based on the quality of the contractor's past performance record consisting of quality issues, their resolution, timeliness of delivery (turn-around-time) and customer satisfaction Based on the quality of the contractor's past performance record an adjectival confidence assessment ratings will be assigned. Offerors with no identifiable performance record will receive a neutral rating. Offerors shall provide three (3) Customer References with their proposal that includes the name of the customer, point of contact name, phone number and email address. The Government reserves the right to use past performance information obtained from other sources such as the Contractor Performance Assessment Reporting System (CPARS) and Government personnel who are experienced with the offerors performance. Factor III: Price Price will be evaluated to determine fairness and reasonableness. Prices that are extremely high or low in relation to the Government's estimate may be judged unrealistic and may indicate that the offeror has misunderstood the nature of the work to be performed. The Government intends to award a single firm fixed price contract for the HC-130H aircraft paint services. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Dec 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronicallyvia https://www.acquisitions.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) Addendum to FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2012) FAR 52.222-49 Service Contract Act - Place of Performance Unknown (May 1989) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full text of provisions and clauses are available at https://www.acquisition.gov/far/ HSAR 3052.222-90 Local Hire (Jun 2006) (a) When performing a contract in whole or in part in a State with an unemployment rate in excess of the national average determined by the Secretary of Labor, the Contractor shall employ, for the purpose of performing the portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly, the necessary skills. (b) Local resident defined. As used in this section, "local resident" means a resident of, or an individual who commutes daily to, a State described in subsection (a). (c) The Secretary of Homeland Security may waive the requirements of paragraph (a) the interest of national security or economic efficiency. (End of clause) DHS FAR Class Deviation Clause 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)(AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. Homeland Security Acquisition Regulation (HSAR) 48 CFR 3009.104-75 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 an acquisition described in section 835(b)(1) 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; (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 _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 __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 __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 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) HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. None (b) Clauses. 3052.205-70 Advertisement, Publicizing Awards, and Releases (Sep 2012) 3052.247-72 F.o.B. Destination Only (Dec 2003) (End of clause) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan. 2013) (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.] (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). (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). (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). (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (39) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). (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 ). (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). (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (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.). 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 Monetary Wage to be determined at contract award (contingent upon place of performance); See Fringe Benefits below Fringe Benefits: Annual Leave: 2 hours per week for service less than 3 years; 3 hours per week for service of 3 years but less than 15 years; and 4 hours per week for service of 15 years and more.Paid Holidays: 10 per year. Government's contribution to sick leave and to life, accident and health insurance: 5.1 % of basic hourly rates. Government's contribution to retirement pay: 7% of basic hourly rates. (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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) Date, time and place offers are due : The Closing Date and Time for receipt of offers is July 10, 2013 no later than 3:30pm Eastern Time. Proposals may be submitted electronically to Denise.P.Hall@uscg.mil or sent to USCG Aviation Logistics Center, LRS Procurement Branch,1060 Consolidated Rd., Elizabeth City, NC 27909 and marked to the attention of Denise Hall, Contract Specialist. Questions regarding this solicitation shall be submitted only in writing and may be submitted electronically to Denise.P.Hall@uscg.mil no later than July 9, 2013 1:00pm Eastern Time. Phone calls regarding this solicitation will not be accepted. NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that 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 at 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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