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FBO DAILY ISSUE OF JULY 17, 2009 FBO #2790
MODIFICATION

16 -- NOSE COWLINGS

Notice Date
7/15/2009
 
Notice Type
Modification/Amendment
 
NAICS
488190 — Other Support Activities for Air Transportation
 
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 
ZIP Code
27909-5001
 
Solicitation Number
HSCG38-09-R-101021
 
Archive Date
9/15/2009
 
Point of Contact
Joanne M Murphy, Phone: 252-335-6446, Wade D. Johnson, Phone: 252-335-6142
 
E-Mail Address
joanne.m.murphy@uscg.mil, wade.johnson@uscg.mil
(joanne.m.murphy@uscg.mil, wade.johnson@uscg.mil)
 
Small Business Set-Aside
N/A
 
Description
HU25 ATF3-6 ENGINE NOSE-COWLING (PN 553-0170 SERIES) REPAIR This is a combined synopsis/solicitation for the commercial repair of HU25 ATF3-6 Engine Nose Cowlings (PN 553-0170 SERIES) and is 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. Quotations are being requested and a written solicitation will not be issued. This request for quotation (HSCG38-09-Q-101021) incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-32. This solicitation is reserved for small business concerns and shall be 100% set aside. The North American Industry Classification System (NAICS) Code is 336413 and the small business size standard is 1,000 employees. The contract will be awarded using simplified acquisition test program procedures in accordance with FAR Part 13.5. This acquisition is subject to the availability of funds clause 52.232-18. The contract will be awarded as a firm-fixed price purchase order. The estimated quantity is for 20 per year and the anticipated Period of Performance is for one (1) three year base period and two (2) one year option periods. The award will be in accordance with FAR 6.302-1. Offers should indicate nomenclature, part number, unit price, and extended price, any discounts for prompt payment, and business size standards and minority classifications. Award will be made to the offeror proposing the best value to the Government considering technical capability, price, delivery, and past performance. Interested parties may submit a quotation, which shall include a performance work statement, performance metrics, identification of key personnel, quality certifications, past performance, subcontracting plan in accordance with FAR Clause 52.219-9 (or a request for waiver if no subcontracting opportunities), and a firm-fixed-price quote for the following: U.S. COAST GUARD HU25 ATF3-6 ENGINE NOSE-COWLING (PN 553-0170 SERIES) REPAIR STATEMENT OF OBJECTIVES 1.0BACKGROUND The U.S. Coast Guard currently operates twenty-one (21) HU-25 aircraft manufactured between 1982 and 1984 by Dassault-Breguet Aviation SA-Avions Marcel (Falcon Jet Corporation). Each aircraft is equipped with two Honeywell ATF3-6 fan jet engines. Typical failure modes of ATF3-6 engine nose-cowlings (intake) are material cracks that propagate as a result of various environmental factors. Some of these include: vibration, corrosion, thermal fatigue and erosion. These failures occur primarily at the nose lip rivet lines. Past history shows that a complete or partial disassembly of the nose-cowling is necessary for thorough inspection and repair or replacement of damaged components. During the last repair cycle Nose-Lip Assembly P/Ns 553-0169-1 or M20H5530169-1 were replaced with a 321 stainless steel assembly which has proven to meet the aircraft’s operational characteristics. 2.0OBJECTIVE 2.1The Coast Guard’s objective is to obtain services of a Federal Aviation Administration (FAA) authorized repair center to effectively repair and provide complete, ready-to-install HU-25 ATF3-6 nose-cowling assemblies. Repaired nose-cowlings must meet the Original Equipment Manufacturer’s (OEM’s) form, fit and function specifications to ensure installation and operational characteristics are met. During the last repair cycle the Coast Guard started replacing the original aluminum nose lip (PNs 553-0169-1 or M20H5530169-1) with a nose lip manufactured from 321 stainless steel,: however, there may be some nose cowlings remaining in the Coast Guard supply system with the aluminum nose lip still installed. The contractor shall replace the remaining nose lip assemblies with stainless steel and assign a new part number if applicable. In addition, corrosion preventative measures shall be incorporated during the repair. Note: Nose cowlings have several different parts numbers assigned and listed in the Coast Guard supply records. Each part number is similar in design and function. The offeror is responsible for all necessary functions to perform services requested. This includes, but is not limited to required tooling, test equipment, parts, material, engineering services, management, maintenance, preservation, shipping, etc., to repair nose-cowlings. The Coast Guard anticipates different levels of repairs: The offeror’s responsibilities to the Coast Guard consist of preparing and submitting a detailed work specification and cost breakdown structure for repair and ensure that all Coast Guard Time Compliance Technical Orders (TCTOs) remain incorporated upon completion of work. Under a performance-based contract structure, performance metrics and service level agreements will be used to monitor the performance of this contract. The Coast Guard Aircraft Logistic Center Center’s (ALC) Medium Range Surveillance (MRS) Product Line and the selected offeror will baseline and monitor progress using agreed-to performance plan and service level agreements. 2.2To meet the Coast Guard’s objectives the offeror will be required to meet the following criteria as part of their proposal package: 2.2.1Technical 2.2.1.1Provide detailed work specifications for nose-cowling repair. 2.2.1.2Provide a written Performance plan that includes the repair turn around time 2.2.1.3Provide evidence of and ability to maintain a Quality System acceptable to the Coast Guard. 2.2.1.4Either possess or show ability to obtain adequate technical data, tooling and fixtures to meet the OEM’s form, fit and function characteristics. 2.2.1.5Exterior paint scheme for the engine nose-cowling consists of an epoxy primer which meets MIL-PRF-23377 and top coated with Sherwin Williams Jet GLO Express product number Y05412, Federal Standard 595 color 17860 or equal. 2.2.1.6Temporary repairs are not permissible repairs for the purpose of this contract (e.g., stop drilling of cracks and external doublers). 2.2.1.7Provide separate cost breakdowns for contractor proposed levels of repair (labor and parts inc the nose lip). 2.2.1.8The contractor shall provide documentation describing material, weight and heat transfer properties of the nose lip, and assign a new part number. 2.2.2Past Performance 2.2.2.1Provide documentation for having performed repair of similar or like items. 2.2.2.2Provide points of contact for past performance documentation for the past two years. Include references’ name, company, phone number, and e-mail address. 2.2.3Certifications 2.2.3.1Be certified by the FAA and have experience in repairing/overhaul of similar or like nose cowlings. If the contractor for any reason looses its FAA certification during the period of performance; this constitutes a material breach of contract and may result in contract termination. The contractor shall notify the Coast Guard’s Contracting Officer verbally and in writing no later then five (5) calendar days after certification forfeiture disclosing the events that caused such. 2.2.3.2Provide copies of all certifications (e.g. FAA, OEM, ISO 9000, etc.) 3.0APPLICABLE DOCUMENTS The following Technical Specifications are applicable: 3.1.CG Technical Orders: 3.1.11U-25A-2, HU25 Maintenance Manual (Chapters 54-00-02, 54-00-03, 54-00-04 and 71-00-03). 3.1.21U-25A-3, HU25 Structural Repair Manual (Chapters 51, and 54-10-20). 3.1.31U-25A-4, HU25 Illustrated Parts Catalog (Chapter 54-20-25). 3.2.CG Time Compliance Technical Orders (TCTO): 3.2.11U-25A-522, Nacelle Anti-Ice Exhaust Improved Sealing, ACMS Code 995220, dated 14 July 83. 3.2.21U-25A-533, Engine Nacelle Improved Support for PT2 Duct Water Trap, ACMS Code 995330, dated 28 Nov 83. 3.2.31U-25A-536, Check and Rework Ice Detector Bracket, ACMS Code 995360, dated 01 March 86. 3.2.41U-25A-568, Air-Intake reinforced pressure Switch Supports, ACMS Code 995680, dated 4 Feb 85. 3.2.5H25-T54110, LH & RH Inlet Anti-Icing Ducting, ACMS code T54110, dated 7 May 02. 3.3.Data Availability: 3.3.1OEM drawings and specifications are proprietary and cannot be provided by the Coast Guard. 3.3.2Coast Guard specific CGTOs and TCTOs can be acquired through the Freedom of Information Act (FOIA). The contractor will be responsible for any charges, if any, incurred. Submit a written request to: Commanding Officer Attn: ALC FOIA Officer ALD Procurement, Building 63 United States Coast Guard Aircraft Logistics Center Elizabeth City, NC 27909 4.0INSPECTION AND ACCEPTANCE PERFORMANCE REQUIREMENTS 4.1Final inspection and acceptance will be performed by ALC quality assurance personnel for kind, count and condition only. Unless special inspections are otherwise specified by the Coast Guard, the contractor shall perform the inspections and tests required to substantiate that the supplies and services provided under the contract conform to drawings, specifications and contract requirements listed herein. The Coast Guard may invoke DCMA requirements if deemed necessary. 4.2The contractor shall provide Federal Aviation Airworthiness (FAA) Form 8130-3 or a Certificate of Conformance (COC) with each repaired component. FAA Form 8130-3 is preferred. 5.0SOURCE SELECTION CRITERIA 5.1To meet the Coast Guard’s objectives the prospective contractor will be required to meet the following criteria: 5.1.1Technical 5.1.1.1Provide a detailed work specification clearly defining how the work will be accomplished to return to service the nose cowling. 5.1.1.2Either possess or show the ability to obtain adequate technical data, tooling and fixtures to meet the Coast Guard’s specifications. 5.1.1.3Have adequate facilities, tooling and fixtures and experienced personnel necessary to perform the work required. 5.1.1.4Provide evidence of and the ability to maintain a Quality System acceptable to the Coast Guard. Provide copies of the Quality Manual, and Certifications (e.g. FAA, ISO 9000, OEM). 5.1.2Performance Plan 5.1.2.1The Performance Plan shall address the following at a minimum: 5.1.2.1.1Company strategy and mission statement 5.1.2.1.2Stated goals and objectives. 5.1.2.1.3Staffing structure for work load management 5.1.2.1.4Plan of inventory replacement parts to preclude delays. 5.1.2.1.5Management plans for subcontractors participating on a major scale. 5.1.2.1.6Corrective actions and procedures. 5.1.2.1.7Provide a delivery schedule. 5.1.3Cost/Price Proposal 5.1.3.1The contractor’s cost/price proposal will be evaluated using the following criteria: 5.1.3.1.1Reasonableness: Reasonableness will be established to the extent practicable by the existence of adequate competition, by comparison of all or a respective sample of proposed prices/costs to industry average rates and/or price/cost from other contracts for similar work. 5.1.3.1.2Realism: If it is determined that a realism assessment is needed, it may be accomplished by technical review and evaluation of the skill mix, specific hours, material kinds and quantity for each identified CLIN/sub-CLIN in the prospective offeror’s quoted cost/price. The intent of the evaluation is to determine whether the quoted price/cost elements are realistic for the work to be performed; reflect clear understanding of the requirements; and are consistent with the approach described in the technical submission. The price quoted should include sufficient detail to allow for complete evaluation (e.g. work breakdown structure, material description, prices, labor categories, rates and hours. 5.1.3.1.3Provide separate cost breakdown for parts and labor. 5.1.4Evaluation 5.1.4.1The Coast Guard intends to award one contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation, and will be most advantageous and best value to the Government, technical, price and other factors considered. The Coast Guard may determine the best value which merits a higher price based on technical superiority. The Coast Guard using sound business judgment, will base the selection decision on an integrated assessment of the proposal’s relative capability as measured against the source selection criteria below: 5.1.4.1.1Factor 1-Technical 5.1.4.1.2Factor 2- Performance Plan 5.1.4.1.3Factor 3- Past Performance 5.1.4.1.4Factor 4-Cost/Price 5.1.5Factors 1, 2 and 3 are equal and each is significantly more important than Factor 4. While the Cost/Price is an important part of the integrated selection decision, the non-Cost/Price factors are significantly more important than the Cost/Price factor. Cost/Price will become increasingly important as proposal evaluation ratings for technical, past performance and performance factors approach equality. 6.0TECHNICAL POINTS OF CONTACT 6.1For technical information contact AVI2 Roger Cerny at (252) 335-6310 (e-mail Roger.S.Cerny@uscg.mil ) or JJ Tirak at (252) 335-6877 (e-mail James.J.Tirak@uscg.mil ). Delivery will be made to USCG, Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. Desired Delivery is 30 days after receipt of delivery order and Required Delivery is 120 days after receipt of delivery order and material. F.O.B. will be Destination. The contractor shall comply with ASTM D 3951-98, approved Nov. 10, 1998, Commercial Packaging, Shipping and Storage Procedures. Each individual container shall be labeled on the outside with NSN, P/N, S/N, Quantity, Nomenclature, Contract Number, Line Item Number. 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 with a temperature ranging from 95 to 40 degrees Fahrenheit and high humidity for a period not less than one year. Packaging material shall not consist of popcorn, shredded paper, styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory. Only when an AOG situation occurs, the outside of the shipping container will be marked in highly visible lettering "A.O.G.". Nose Cowlings are considered to be flight critical in USCG missions. Inspection shall be by COC (Certificate of Conformance) and acceptance shall be performed by ARSC Quality Assurance Personnel. Anticipated date of award is 30 August 09. At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a properly completed packaging slip. The packaging slip shall include the following, information: 1(National Stock Number, 2) Part Number, #) Nomenclature, 4) Serial Number, 5) Delivery Order Number, 6) Line Item Number and &) Quantity. One copy of the packaging slip shall be submitted with the shipment and shall be attached to the outside of the shipping carton and one copy shall be attached to the original invoice when submitted to the payment office. Failure to do so will result in either nonpayment or a delay in payment. THE COAST GUARD RESERVES THE RIGHT TO PERFORM A SITE SURVEY OF THE CONTRACTOR’S AND SUB-CONTRACTOR’S CAPABILITIES The following Federal Acquisition Regulation and Homeland Security Acquisition Regulations, Provisions and Clauses apply: 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. FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Mar 2009) Addendum to 52.212-4 Contract Terms and Conditions—Commercial Items. 52.252-2 Clauses Incorporated by Reference (FEB 1998). This solicitation 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. 52.246-15 Certificate of Conformance. (Apr 1984) 52.204-7 Central Contractor Registration (Apr 2008) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-A1. 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (OCT 1997) Alternate IV (OCT 1997) (a) Submission of Cost or Pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.242-15 Stop-Work Order (Aug 1989) 52.216-18 Ordering. ORDERING (OCT 1995) para (a) date of contract award through one-year from date of contract award for the basic period and for options, effective date of option exercise through one-year from effective date of option exercise. 52.216-19 Order Limitations. (Oct 1995) para (a) one (1) each for any line item (b)(1) The total estimated contract line item quantity (2) 50% of estimated contract quantity (3) 30 days (d) 15 calendar days 52.216-21Requirements. (Oct 1995) para (f) 31 Dec 2010 52.217-5 Evaluation of Options. (JULY 1990) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) para (c) 5 years 52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984) September 30, 2009 September 30, 2009 52.247-34 F.o.b. Destination (Nov 1991) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)? (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held? (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is 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) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (JUNE 2009) _x__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). _x_ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). _x__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). _x__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). _x__ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _x__ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). _x__ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _x__ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) _x_ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _x_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _x_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _x_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _x_ (31) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). _x_ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). _x_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). ADDENDUM FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) FAR 52.212-1 Instructions To Offerors Commercial Items (Jun 2008) ADDENDUM SUBCONTRACTING PLAN REQUIREMENTS. In accordance with Federal Acquisition Regulation (FAR) 19.702(a)(1), the offeror shall submit a subcontracting plan along with any proposal which exceeds $500,000 and which has subcontracting possibilities. If the proposal exceed $500,000 and the offeror believes there are no subcontracting possibilities, the offeror should include with the proposal a letter so stating, along with supporting rationale. The plan shall comply with the requirements of FAR clause 52.219-9, Small Business Subcontracting Plan. In accordance with paragraph (c) of the clause, upon acceptance by the Contracting Officer, the plan will be incorporated into the resultant contract. NOTE: SUBCONTRACTING PLANS ARE NOT REQUIRED FROM A SMALL BUSINESS OR FOREIGHN FIRMS. FAR 52.212-2 Evaluation Commercial Items (Jan 1999) Award will be made utilizing the following factors, in descending order of importance. The Coast Guard intends to award one contract to the Contractor whose quote is identified as offering the best value solution. The Source Selection Team (SST) may determine the best value for the Coast Guard merits a higher price based on technical superiority. The SST, using sound business judgment, will base the selection decision on an integrated assessment of the proposal’s relative capability as measured against the below evaluation factors: oFactor 1 –Technical/Management Solution/Approach oFactor 2 – Performance Measures and Metrics oFactor 3 – Past Performance oFactor 4 – Cost/Price Factors 1, 2 and 3 are equal and each is significantly more important than Factor 4. While the Cost/Price is an important part of the integrated selection decision, the non-Cost/Price factors are significantly more important than the Cost/Price factor. Cost/Price will become increasingly important as proposal evaluation ratings for technical, past performance and performance factors approach equality. DETAILED FACTORS Factor 1: Technical Management/Solution/Approach The technical/management solution/approach will be evaluated for its quality and evidence of extent to which Offeror’s solutions will achieve Coast Guard objectives of Nose Cowling (repair). The evaluation will include an assessment that the solution adheres to sound engineering, design and management practices and that the offeror has a complete understanding of the objectives, constraints and is customer focused. Evidence of the quality of the technical management/solution/approach includes: (a)A comprehensive performance work statement and contract breakdown structure that identifies the services to be delivered to meet the program and mission requirements set forth in the statement of objectives. (b)A sound technical proposal that clearly demonstrates how implementation of the proposed solutions will deliver timely, stable, reliable, secure, flexible, responsive, compliant and cost effective services. (c)A sound partnering approach to management that demonstrates the ability to aggressively identify and apply information technology solutions to business processes. The management approach needs to provide: Highly qualified and experienced key personnel with a proven track record of success in providing large enterprise-wide managed services under performance based arrangements. Clear lines of communication between the Contractor’s team and the Coast Guard for timely problem identification, mitigation and resolution. Active and continuing participation and involvement of senior corporate executives in ensuring the success of this program. (d)The Offeror’s validated process and procedures that ensure high quality performance, e.g., ISO 9000 type or other quality certifications. Factor 2: Performance Measures and Metrics The offered performance metrics and service level agreements will be evaluated for the extent they are: (a)Comprehensive in their ability to quantify, measure, track, and report operational performance relating to both system and management performance as well as achievement of Coast Guard objectives, (b)Identify the highest level of service consistent with cost effectiveness, (c)Tied toperformance incentives and disincentives that are directly related to meeting or exceeding mission critical performance metrics. Factor 3: Past Performance The past performance evaluation will examine how the Offeror’s past and present performance validates expected performance and customer satisfaction. The Coast Guard may use data obtained from other sources to conduct the past performance assessment, as well as that provided in the proposal. The past performance evaluation will also examine the Offeror’s actual performance on repair/overhaul of similar or like items. This review will focus on the scope and complexity of the efforts, the performance measures/service levels applied, and the actual results achieved against those measures. Factor 4: Cost/Price Each Offeror’s cost/price quote will be evaluated based on the following: (a)Evaluation or proposed price/cost. Offeror’s quote shall include a firm-fixed-price for each of the one-year ordering periods contained in the 3-year base & the 2-year option. Note the requirement under technical 2.2.1.7 to price the nose lip separately. This shall also be done for each of the base and option year periods. (b)Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to industry average rates and/or rates from other contracts for similar work, etc. (c)Realism: A realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, and material kinds and quantity for each identified CLIN/SubCLIN in the Contractor’s proposed cost/price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the Contractor’s technical proposal. 52.212-3 Offeror Representations and Certifications—Commercial Items (June 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate – (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it 0 is, 0 is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it 0 is, 0 is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it 0 is, 0 is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it 0 is, 0 is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it 0 is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it 0 is, 0] is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of EmployeesAverage Annual Gross Revenues 50 or fewer$1 million or less 51-100$1,000,001-$2 million 101-250$2,000,001-$3.5 million 251-500$3,500,001-$5 million 501-750$5,000,001-$10 million 751-1,000$10,000,001-$17 million Over 1,000Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It 0 is, 0 is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It 0 has, 0 has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It 0 is, 0 is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It 0 is, 0 not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It 0 has, 0 has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It 0 has, 0 has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It 0 has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It 0 has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” Other Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. ___________________________________________ ___________________________________________ ___________________________________________ [List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.:Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No.:Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) 0 Are, 0 are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) 0 Have, 0 have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) 0 Are, 0 are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) 0 Have, 0 have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products Listed End Product:Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] 0 (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. 0 (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) 0 In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) 0 Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] 0 (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror 0 does 0 does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. 0 (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror 0 does 0 does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv)The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.] (3) Taxpayer Identification Number (TIN). 0 TIN:_____________________. 0 TIN has been applied for. 0 TIN is not required because: 0 Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; 0 Offeror is an agency or instrumentality of a foreign government; 0 Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. 0 Sole proprietorship; 0 Partnership; 0 Corporate entity (not tax-exempt); 0 Corporate entity (tax-exempt); 0 Government entity (Federal, State, or local); 0 Foreign government; 0 International organization per 26 CFR 1.6049-4; 0 Other ____________________. (5) Common parent. 0 Offeror is not owned or controlled by a common parent: 0 Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ m. Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of Provision) Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ___ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address 0 is, 0 is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture Closing date and time for receipt of offers is July 27, 2009, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. All responsible sources may submit a proposal that will be considered by this Agency. Offers may be submitted on company letterhead stationery indicating the nomenclature, part number, unit price and extended price; F.O.B. point, payment terms and any discounts offered for prompt payment, the business size standard and any minority classification; and delivery date and MUST include the required FAR 52.212-3, including Alternate 1, Offeror Representations and Certifications. Copies are available by calling the agency or by downloading the document from FedBizOps as posted under this solicitation. All offerors submitting a proposal shall have a valid Vendor Cage Code and Dun & Bradstreet number (DUNS) or the ability to get one, and be registered in Online Representations and Certification (ORCA). Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5427, attention Joanne Murphy. Electronic submission may be sent to joanne.m.murphy@uscg.mil and to Wade.Johnson@uscg.mil. COMDTINST 4200.14 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 a Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forums 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 Coast Guard 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 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 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(d)(2). 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 refilling of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103 (e). Formal protest filed under the OPAP program should be forwarded to the address below: 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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