Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 22, 2014 FBO #4501
SOLICITATION NOTICE

16 -- Repair of HC-144A Components - Proposal Schedule

Notice Date

3/20/2014
 

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

HSCG38-14-R-010002
 

Archive Date

5/6/2014
 

Point of Contact

Kia R. Walton, Phone: 252-335-6499, David E. Tanner, Phone: 252-335-6142
 

E-Mail Address

Kia.R.Walton@uscg.mil, David.E.Tanner@uscg.mil
(Kia.R.Walton@uscg.mil, David.E.Tanner@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Proposal Schedule Spreadsheet 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 proposals are being requested and a written solicitation will not be issued. This Request for Proposal, HSCG38-14-R-010002, incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-72. The North American Industry Classification System (NAICS) code is 336413. The small business size standard is 1000 employees. The award will be in accordance with FAR 6.302-1. This contract will be awarded as a Firm Fixed Price Indefinite Delivery/ Indefinite Quantity contract consisting of 5 one-year ordering periods. Offeror's must submit prices for each of the 5 one-year ordering periods in order to be considered for award. The US Coast Guard (USCG) does not own nor can it provide specifications, plans, drawings or other technical data. The USCG intends to award to EADS CASA North America, 2550 Wasser Terrace, STE 9000, Herndon, VA 20171 or a Federal Aviation Administration (FAA) authorized repair center that is able to repair the following components conforming to the Original Equipment Manufacturer's (OEM) specifications, drawings, service bulletins, and performance requirements. These parts are for use on the HC-144A aircraft. ALL QUANTITIES ARE ESTIMATES. All responsible sources may submit a proposal which shall be considered by the agency. Delivery is desired within 60 days after receipt of order. Earlier deliveries are desired and will be accepted with no additional cost incurred by the Government. F.O.B. Destination is requested as the F.O.B. point for the Deliverables. Deliver to USCG Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001. STATEMENT OF WORK (SOW) HC-144A COMPONENT REPAIR SOLICITATION HSCG38-14-R-010002 1.0 BACKGROUND 1.1 The U.S. Coast Guard (USCG/CG) currently operates sixteen (16) HC-144A Maritime Patrol Aircraft each powered by two CT7-9C3 turboprop engines. The aircraft is manufactured by Airbus Military EADS CASA in Seville, Spain. These aircraft are procured under the authority of the Coast Guard Aviation Program Management Office. While the base CASA CN-235-300M aircraft provides the foundation for the Coast Guard HC-144A, changes in the base aircraft configuration and the addition of supplementary systems have been combined resulting in a CG01 version of the CN-235-300M. 1.2 These Maritime Patrol Aircraft are operated differently from general aviation in support of Coast Guard search and rescue missions, as well as surveillance and reconnaissance missions. USCG HC-144A missions require frequent operation at lower altitudes and in salt-laden environments. These environments accelerate corrosion on airframe structures, engines and components of the aircraft. The aircraft and its components are inspected by USCG personnel In Accordance With (IAW) the Original Equipment Manufacturers' (OEM) periodic requirements and in conjunction with the USCG's specialized Asset Computerized Maintenance System (ACMS). 2.0 SCOPE 2.1 The scope of this SOW is intended to provide and establish a Firm Fixed Price (FFP) Indefinite Delivery/ Indefinite Quantity contract consisting of five (5) one-year ordering periods for repair services for EADS CASA manufactured components (refer to the schedule for the list of components). The USCG anticipates that this requirement may include unscheduled services, such as service bulletin incorporation and modifications for these components. These unscheduled services are not considered part of this SOW and will be negotiated at the time of need in accordance with paragraph 3.7 2.2 Repairs shall be from a Federal Aviation Administration (FAA) Part 145 authorized repair center or equivalent to effectively inspect, test, troubleshoot, clean, and repair, the HC-144 components listed in the schedule to current OEM configurations. Components must maintain any USCG specific requirements for return to service in a Ready For Issue (RFI) condition and USCG operational use. 2.3 Components must be returned with a FAA airworthiness Form 8130-3 or other FAA authorized airworthiness form within sixty (60) calendar days after receipt of material at the contractors repair facility. 2.4 The contractor must track and document for USCG specialized ACMS and Significant Component History Reports (SCHR) the necessary calendar time, flight time, and appropriate flight cycle requirement for the components which must be accomplished to maintain the integrity of any OEM high-time hourly intervals and life cycle limits. 2.5 Repair of EADS CASA manufactured parts, as listed in the schedule, must be accomplished IAW the OEM specifications. This SOW establishes the minimum USCG requirements necessary for repairs and is not intended to be all inclusive, nor detract from the procedures outlined in the manufacturer's drawings, manuals, specifications, and service bulletins. USCG configuration control requires that applicable service bulletins and modifications for all ACMS tracked components not previously configured, shall not be incorporated without prior written approval from the USCG Contracting Officer. 2.6 The Contractor must demonstrate that they have access to, and the ability to obtain current OEM specifications, for inspection and repair of listed components including Component Maintenance Manuals (CMM), revisions, temporary revisions, service bulletins, modifications, amendments, and drawings as the USCG does not own, nor can it provide this data. 2.7 The Contractor is responsible for all necessary functions to perform services requested. This includes, but is not limited to, required tooling, manuals, test equipment, parts, material, engineering services, management, personnel, documentation, preservation, shipping, etc. 2.8 The Contractor must track and document calendar time, flight time, life cycles, on all work and services performed on specific components as required under USCG ACMS. Tracking provides significant component historical records of component installations, removals, overhauls, repairs, and modifications including component transit, storage, status, and locations. ACMS tracking provides an effective means of configuration control to maintain the integrity of OEM overhaul/high time hourly intervals including flight and life cycle limits as applicable to the listed components. For configuration control prior written approval of the USCG Contracting Officer shall be obtained for any configuration changes to these components. See paragraph 3.7 for specific information on the incorporation of service bulletins and modifications. 3.0 REQUIREMENTS 3.1 Be a certified Federal Aviation Administration (FAA) Part 145 authorized repair center or equivalent and have experience in effective inspection, testing, troubleshooting, cleaning, and repair of the identified listed components. Have and provide the facilities, management, tooling, manuals, test equipment, parts, materials, documentation, and personnel to repair the listed components. 3.2 Inspect, test, troubleshoot, clean, and repair the components listed in the schedule within the scope and requirements of this SOW; 3.3 Provide copies of all Federal Aviation Administration (FAA), European Aviation Safety Agency (EASA) Original Equipment Manufacturer (OEM) certifications, and ISO or SIX SIGMA registration (if registered). If the Contractor for any reason loses its FAA or EASA certification during the period of performance, this constitutes a material breach of contract which may, at the discretion of the USCG Contracting Officer, result in contract termination. The Contractor shall notify the Contracting Officer verbally and in writing, not later than five (5) calendar days after certification forfeiture, and disclose all facts relevant to the forfeiture. 3.4 Provide an uncontrolled copy of the company's quality manual. 3.5 Provide current lists and status of all OEM Manuals, Component Maintenance Manuals (CMM), revisions, temporary revisions, service bulletins, modifications, amendments, including Contractor specifications and procedures applicable and to be used for the inspection and repairs of the Coast Guard HC-144 listed components. OEM applicable documentation or specifications revealed, published, or updated prior to award or during the course of the contract period, shall be considered as being within the scope of this requirement and may be added to the contract as agreed upon by both parties. 3.5.1 The list/lists may be provided in the Contractors' style and format but must contain the following information:  Name/Nomenclature and type of document  Part numbers as applicable  Air Transport Association designations  Basic / Issue dates  Revision or temporary revision numbers and dates  OEM and applicable cage code 3.5.2 If the Contractor receives information more current than that previously provided to the USCG, the Contractor must identify the OEM Manuals, CMMs, revisions, and specifications, including service bulletins, amendments, and modifications, and provide a brief synopsis of the revisions and dates to the USCG's Contracting Officer for review and disposition approval. 3.5.3 Have access to all current and new OEM Manuals, CMMs, revisions, specifications, service bulletins, amendments, and modifications. 3.5.4 Ensure that all service bulletins, amendments, and modifications that have previous been incorporated remain incorporated unless otherwise appropriately superseded and directed by the USCG Contracting Officer. 3.5.5 Identify and recommend, new or additional service bulletins, amendments, and modifications as applicable, to be incorporated and specify how the service bulletins, amendments, and modifications may affect components, part numbers, and pricing. 3.6 Environmental Requirements: All parts must be thoroughly cleaned IAW applicable Component Maintenance Manuals or FAA Advisory Circular 43-205, Guidance for Selecting Chemical Agents and Processes for Depainting and General Cleaning of Aircraft and Aviation Products, to ensure they are as free as practicable of all hazardous dust to include hexavalent chromium, cadmium, lead, etc., prior to being returned to ALC. ALC may take random samples of parts to ensure they are free as practicable of all hazards. Information on these hazards can be found in Occupational Safety and Health Standards 1910.1025 (lead), 1910.1026 (Hexavalent Chromium) and 1910.1027 (Cadmium). 3.7 The Contractor shall maintain all service bulletins and other modifications previously incorporated unless otherwise directed by the USCG Contracting Officer. Service bulletins and modifications are not considered part of this SOW and will be negotiated on a case by case basis. 3.7.1 Service bulletin configurations are subject to change during the course of the contract period. Service Bulletins and modifications not previously incorporated shall be identified for USCG Contracting Officer review. The Contractor is responsible for obtaining and notifying the USCG Contracting Officer of service bulletin changes and modifications, for disposition approval prior to incorporation of those changes and modifications. 3.7.2 Service bulletins incorporated during performance of this requirement may create new part number configurations which supersede the previous configurations. In cases where the older configurations cannot be modified to the newer configurations, the new configuration part numbers may be added to the contract. The Contractor shall notify and request disposition instructions from the USCG Contracting Officer for superseded parts, which have been removed and replaced by newer configurations. 3.7.3 Upon receipt of notification and authorization from the USCG Contracting Officer that a service bulletin or modification is to be incorporated, the Contractor shall submit, within thirty (30) calendar days after receipt of that notification, a firm-fixed price proposal for an incremental charge to be assessed each time the service bulletin is incorporated in a component. The proposal shall contain a breakdown of material and labor costs including hours, labor categories, labor rates, and applicable mark ups. The incremental charge agreed to for incorporation of a service bulletin or modification shall apply only to those components into which the Contractor incorporates a required service bulletin/modification, and not those into which the service bulletin/modification has been previously incorporated. Upon agreement of an incremental charge and issuance of a contract modification to reflect this change, the service bulletin/modification shall be incorporated into each subsequent component received at the Contractor's facility for which the service bulletin/modification has not already been incorporated. When service bulletin/modification incorporation changes the Contract Line Item Number (CLIN) part number, the new part number shall be added to the contract. The same procedures apply if removal of service bulletins/modifications is required. Failure to supply a change notice shall forfeit the right to any increase as a result of the Contractor's failure to request additional funding. Unless the Contractor has a signed contract modification permitting a change and bearing the signature of a Coast Guard Contracting Officer, funding has not been authorized and will not be provided after the fact. Performance without written authority will not be authorized for payment. 3.8 Provide written delivery order receipts within five (5) working days after receipt of components for repair. 3.8.1 Delivery order receipts shall include, but are not limited to, the following information: nomenclature, National Stock Numbers (NSN), part numbers (P/N), serial number (S/N), contract number, delivery order numbers, Contract Line Item Numbers (CLIN), and dates of receipt. 3.8.2 Delivery order receipts shall be via email and may contain single or multiple notification entries. 3.9 Prepare and submit, component Teardown Inspection Reports (TIR) 3.9.1 TIRs are occasionally requested by the USCG Contracting Officer and are usually requested in support of a USCG Engineering incident, safety investigation, warranty determination, or for other failure analysis. 3.9.2 TIRs are not separately priced. Upon request, the Contractor shall within ten calendar days provide a copy of the TIR to the Contracting Officer. 3.9.3 TIRs, when requested, shall be forwarded to the USCG Contracting Officer prior to commencement of repair work; pending USCG Engineering final review and release. 3.9.4 TIRs shall include: nomenclature, NSNs, P/Ns, S/Ns, contract number, delivery order numbers, CLINs, including descriptions, photos, illustrations, and drawings, as necessary before and during teardown, for documentation of the failure, and list all parts and costs as would be required for repair of the component. 3.10 Replacement Parts 3.10.1 Component parts found to be in serviceable condition IAW OEM specifications and functional testing shall be reused. 3.10.2 USCG Life cycle limited components shall be deemed at life limit if the component has 2% or less hours or cycles remaining until the published airworthiness limit is reached. 3.10.3 Defective parts which cannot otherwise be repaired IAW OEM specifications, shall be scrapped IAW ALCINST 4100.1 dated 15 August 2008, and replaced with new OEM parts. ALCINST 4100.1 provided upon request. The cost of repair or replacement of defective parts is inclusive to the component repair contract price. High time, life, or cycle limited parts which have reached their respective limits IAW paragraph 3.10.2, shall not be repaired, but shall be replaced with other USCG serviceable parts or replaced with new OEM parts. The cost to replace high time, life, or cycle limited parts should be priced separately and not included in the cost of repaired components under this contract. 3.10.4 Replacement parts shall be new and have full traceability to the OEM. 3.11 Beyond Economical Repair (BER) 3.11.1 When the cost of returning the component to serviceable condition, exceeds the current replacement cost of that component; or when the component cannot be repaired due to damage or wear beyond the material properties, characteristic, or specifications of the item, the Contractor shall contact the USCG Contracting Officer, in writing, via e-mail, with specific rationale for the BER condition. The rationale shall include and provide: nomenclature, NSN, P/N, S/N, contract number, delivery order number, and CLIN along with a cost breakdown of additional parts and labor as would be necessary to actually repair the component to serviceable status. Refer to paragraph 3.11.2 for further disposition and rationale. 3.11.2 Once a component is determined to be BER, no further repair work on that component will be performed and the component in question will be placed in a bonded storage room for safekeeping until written authorization to proceed or other disposition instructions are received from the USCG Contracting Officer. 3.12 Missing or Cannibalized Components 3.12.1 Missing Components: Within ten (10) working days after the receipt and inspection of the component, the Contractor shall notify the USCG Contracting Officer in writing of any missing parts or sub-assemblies required for final inspection and acceptance. The USCG Contracting Officer shall then have thirty (30) calendar days to provide formal disposition instructions to the Contractor. The USCG will provide Ready for Issue (RFI) or repairable parts to replace the missing parts or funding to the Contractor to replace missing parts at the discretion of the Contracting Officer. 3.12.2 Cannibalized Components: Upon receiving components exhibiting cannibalization, the Contractor shall notify the USCG Contracting Officer, in writing and in detail, within ten (10) working days and discontinue all work on that component until receipt of written authorization from the USCG Contracting Officer. The USCG Contracting Officer reserves the right to appoint a Coast Guard Representative who shall witness the remaining teardown and inspection of the component. A letter of notification and a Teardown Inspection Report (TIR) shall be submitted to the Contracting Officer for disposition. 3.12.3 The Coast Guard reserves the right to provide Government Furnished Property (GFP) to replace parts or hardware identified as missing or cannibalized. 3.12.4 Turn Around Time (TAT) stops as of the date on the correspondence giving notification that work must cease due to the lack of the missing/cannibalized part. Unless the USCG Contracting Officer elects to have the component returned to the USCG as is, the TAT will re-start effective as of the date of the mutually agreeable date stated in the bilateral modification. 3.13 Corrosion. 3.13.1 Low altitude flight over salt water contributes to greater corrosion damage in Coast Guard components than that experienced in commercial aircraft components. The Contractor shall consider the presence and effects of corrosion to be "normal" in this case and provide for correction and removal of corrosion in the firm fixed repair price. During inspection and functional testing, the presence of corrosion in an item or part thereof shall constitute reason for a more thorough disassembly and inspection. 3.13.2 Corroded parts shall be replaced, except in those cases where removal of corrosion from a part will not impair the efficiency or safe operation of the part. Corrosion removal and treatment of any affected areas shall be accomplished IAW the manufacturer's specifications. 3.14 Exclusions 3.14.1 Components received in the following conditions are to be considered exclusions and may indicate an exclusion from the price in the contract schedule: • Catastrophic crash damage, foreign object damage, domestic object damage traceable to a Coast Guard documented repair, acts of God, war, and accidents attributable to USCG responsibility. • Alteration, modification or repairs that were not completed by the Coast Guard IAW technical data approved by the FAA, OEM, or USCG. 3.14.2 If a component is considered (by the Contractor) to fit the exclusion description, the Contractor shall notify the USCG Contracting Officer within ten (10) working days, and discontinue all work until the Contracting Officer makes a determination. The Coast Guard reserves the right to appoint a Coast Guard Representative to witness the remaining teardown and inspection of the component. A letter of notification and the Teardown Inspection Report (TIR) report shall be submitted to the USCG Contracting Officer for disposition. The Contractor shall make the affected equipment available to a USCG Representative to view the exclusionary damage. If the Government elects not to physically view the equipment, the Contractors findings report shall stand. 3.14.3 Upon request by the USCG Contracting Officer, the Contractor shall submit a firm fixed price to include an itemized breakdown of material including nomenclature, part number, cost, and quantity of replacement parts, replacement percentages used to develop the original firm fixed contract price and the number of labor hours at the labor rates proposal for additional funding required to restore exclusionary damage. This proposal shall include all necessary supporting rationale and shall be submitted within forty-five (45) calendar days after notification is given to the USCG Contracting Officer. Upon agreement of the parties, the USCG Contracting Officer will authorize repair via contract modification for restoration of the exclusionary damage above and beyond the original firm fixed price. 4.0 APPLICABLE DOCUMENTS 4.1 All EADS CASA or other OEM Component Maintenance Manuals (CMMs), revisions, amendments, modifications, specifications and service bulletins as applicable to the listed components. 4.2 Any Contractor, EADS CASA, or other OEM applicable documentation or specifications revealed, published, or updated prior to award or during the course of the contract period, shall be considered as being within the scope of this SOW and may be added to the contract as agreed upon by both parties. 4.3 EADS CASA and other OEM CMMs, revisions, service bulletins, modifications, amendments, and specifications are proprietary; the USCG does not own or possess rights in data, or distribution authority, and they cannot be provided by the USCG. 5.0 PRE-AWARD DOCUMENTS (To be provided with Proposal submission) 5.1 Provide Past Performance experience concerning inspection, testing, troubleshooting, cleaning, and repair of all listed components. Include past customer's Points of Contact (POC) information with name, and phone number. If government contracts exist either for a one time repair or a multi-year provide contract numbers and POCs. 5.2 Provide an uncontrolled copy of the company's quality manual. 5.3 Provide copies of all Federal Aviation Administration (FAA), European Aviation Safety Agency (EASA) Original Equipment Manufacturer (OEM) certifications, and ISO or SIX SIGMA registration (if registered). 5.3.1 Provide a current list and of all OEM Manuals, Component Maintenance Manuals (CMM), revisions, temporary revisions, service bulletins, modifications, amendments, including Contractor specifications and procedures applicable to be used for the inspection and repairs of the Coast Guard HC-144 listed components. 5.3.2 The list/lists may be provided in the Contractors' style and format but must contain the following information:  Name/Nomenclature and type of document  Part numbers as applicable  Air Transport Association (ATA) Charter Code  Basic / Issue dates  Revision or TR numbers and dates  OEM and applicable cage code 6.0 USCG ASSET COMPUTERIZED MAINTENANCE SYSTEM (ACMS) REQUIREMENTS 6.1.1 Some components are serial number tracked under USCG ACMS. This tracking provides historical records of repairs, modifications, overhauls, flight times, cycles, item location, status, and an effective method of configuration control. Components that are serial number tracked under USCG ACMS should, at the time of receipt, have a blank Component Repair Record (CRR), and a current Significant Component History Report (SCHR) attached to the component. 6.1.2 Verify the SCHR and CRR correspond with the NSN, P/N, and S/N of the component received. Promptly report discrepancies to the USCG Contracting Officer prior to performing any work. 6.1.3 Complete the CRR as applicable, describing the work performed, cite the technical data used to perform the work and any significant parts replaced. The Component Repair Record (CRR) shall provide a complete description of the work performed, the component status (repaired, modified, overhauled, BER, scrap, etc.) and include, but not be limited to: the Contract number, Delivery Order number, CLIN, the Contractor's Work Order number, the date work was completed, any changes to the Time Since Overhaul (TSO), and total time, landings, or cycles as applicable.The information provided in the CRR will be used by the USCG to update the component SCHRs. 6.1.4 Provide two copies of the completed CRR as follows: 6.1.4.1 One copy of the CRR shall remain with the material and is to be returned with the component upon completion of the repair. 6.1.4.2 A second copy of the CRR shall be mailed to: USCG AVIATION LOGISTICS CENTER (ATTN ACMS) 1664 WEEKSVILLE ROAD BLDG 63 ELIZABETH CITY, NC 27909-5001 6.1.4.3 The CRR is considered a deliverable under the contract, and noncompliance with instructions here in, will result in the delay or nonpayment of the invoice. 6.1.5 Provide one copy of an approved FAA Airworthiness Form 8130-3 or other FAA authorized form (e.g. EASA Form 1). Attach one copy to the component along with the CRR. 6.1.6 The FAA Form 8130-3 or other FAA authorized form is considered a deliverable under the contract, and noncompliance with instructions herein, will result in the delay or nonpayment of the invoice. 7.0 MARKING, PACKAGING AND PRESERVATION. 7.1.1 Components shall be preserved and packaged IAW the applicable component maintenance manual or ASTM D 3951-10. All containers must be labeled on the outside with the National Stock Number (NSN), P/N, S/N, nomenclature, contract number, delivery order number, CLIN, and vendor cage code 7.1.2 The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period not less than one year. Packaging matter shall not consist of the following materials: popcorn, shredded paper, Styrofoam or any type of peanut packaging. Bar coding is authorized but not required. 8.0 INSPECTION AND ACCEPTANCE. 8.1.1 Notwithstanding any requirement for specific inspections to be performed solely by the Government, the Contractor shall perform all inspections, tests, and checks as required to substantiate that the supplies and services provided under the contract conform to the latest drawings, specifications, CMMs, and contract requirements listed herein. 8.1.2 The USCG reserves the right to invoke Defense Contract Management Agency (DCMA) requirements as it deems necessary. 8.1.3 Final inspection and acceptance will be performed by ALC quality assurance personnel for quantity, condition, and compliance with the contract statement of work. (End of SOW) SEE PROPOSAL SCHEDULE FOR HC-144A REPAIR COMPONENTS (ATTACHMENT). The contractor shall comply with ASTM D 3951-10, Commercial Packaging, Shipping and Storage Procedures (8/01/11). Preservation and packaging must comply with ASTM D 3951-10 (Approved 8/01/11), with the exceptions as stated herein. USCG ALC is a supply depot; therefore material will be stored and transshipped to various users. Material shall be packed and labeled suitable for shipment via air, land, or sea. Items susceptible to corrosion or deterioration shall be provided protection such as preservation coatings, barrier protection, volatile corrosion inhibitors, or desiccated unit packs. Items requiring protection from physical and mechanical damage or which are fragile shall be protected by wrapping, cushioning, pack compartmentization, cartonizing, or other means to mitigate shock and vibration to prevent damage during handling and shipment. The use of chipped foam, Styrofoam "peanuts", shredded paper, or other similar material is not acceptable. The packaging will provide protection to components during normal ground, air, or sea transportation and during storage in a climate controlled facility for up to 2 years. All containers must be labeled on the outside with the National Stock Number (NSN), P/N, S/N, nomenclature, contract number, delivery order number, CLIN and vendor Cage Code. The contractor shall furnish a FAA Form 8130-3 or if the OEM the OEM Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. Offerors shall be able to provide necessary certifications including traceability to the OEM to ensure parts are in airworthy condition, suitable for installation on a U.S. Coast Guard aircraft. SHIPPING INSTRUCTIONS Components shall be shipped FOB Destination to the following address. USCG, Aviation Logistics Center Attn: Receiving Section Building 63 Elizabeth City, NC 27909-5001 MARK FOR: Contract No. (Assigned at time of award) Delivery Order No. (Assigned upon issuance) CONTRACT ADMINISTRATIVE DATA ADDRESSFOR CORRESPONDENCE: All correspondence, except as otherwise specified, shall be directed to the following address: USCG, Aviation Logistics Center Attn: MRS Contracting Section 1664 Weeksville Road 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 line item, contract number and delivery order number. The preferred method for invoice submission is via email: ALC-Fiscal@uscg.mil Invoices may also be submitted via U.S. Mail at: 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) 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. 52.209-7 Information Regarding Responsibility Matters (JUL 2013) (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 System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.212-1 Instructions to Offerors Commercial Items (JUL 2013) 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. 52.212-2 Evaluation-Commercial Items (JAN 1999) (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: 1. Technically Acceptable: To be technically acceptable, the offeror must demonstrate the ability to meet the requirements in the statement of work. 2. Price: The Government will evaluate proposals for price reasonableness based on historical pricing where available and the pricing data provided by the offeror in accordance with FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (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. 3. Delivery: Delivery is desired within 60 days after receipt of order. 4. Past Performance: Past performance will be evaluated assessing contractor's historical contract performance and its certifications and representations to do business with the Federal Government. Factors 1 and 2 are equal and each is significantly more important than Factors 3 and 4. As Factors 1 and 2 become increasingly closer then Factors 3 and 4 gain importance in the decision process. (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 expirations 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) 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2013) Alternate I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. 52.212-4 Contract Terms and Conditions-Commercial Items (SEP 2013) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept 2013) (DHS - USCG DEVIATION 14-01) a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold (End of clause) 52.204-7 System for Award Management (JUL 2013) 52.204-13 System for Award Management Maintenance (JUL 2013) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-N5. 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (OCT 2010) ALT IV (OCT 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Award through a 5 year ordering period. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) each for any Line Item the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of the total estimated contract line item quantity; (2) Any order for a combination of items in excess of 20% of estimated contract quantity; or (3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 6 months after contract expiration. (End of clause) 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 calendar days. 52.225-8 Duty Free Entry (OCT 2010) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond 30 September 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.242-13 Bankruptcy (JUL 1995) 52.245-1 Government Property (APR 2012) 52.246-11 Higher-Level Contract Quality Requirement (FEB 1999) The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract. 52.246-15 Certificate of Conformance (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) HSAR 3052.205-70 Advertisements, Publicizing Awards, and Releases (SEP 2012) 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 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 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) 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 3052.247-72 F.o.b. destination only (DEC 2003) 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 (JAN 2014) (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 (June 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 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) 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, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (12) 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). __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(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 (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). X (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21)(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. __ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (23) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (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.) __ (37)(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.) __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(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. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (42)(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, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 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). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 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)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(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.). __ (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 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 (Jul 2013) (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)). ___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 (AUG 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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 proposals is 21 April 2014 at 4:00 pm, Eastern Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427, Attention: Kia R. Walton. Electronic submissions may be sent to Kia.R.Walton@uscg.mil and David.E.Tanner@uscg.mil. Proposals 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 offerors shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the System for Award Management (SAM) throughout the award of the contract. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. The Ombudsman Hotline telephone number is 202.372.3695.
 

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