MOD | 16 | SRR HH65 HOVER LANDING LIGHT REPAIRS

FBO DAILY ISSUE OF JUNE 18, 2010 FBO #3128
MODIFICATION

16 -- SRR HH65 HOVER LANDING LIGHT REPAIRS

Notice Date: 6/16/2010
Notice Type: Modification/Amendment
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: HSCG38-10-Q-200003A
Archive Date: 7/10/2010
Point of Contact: Keith E. Hoffman, Phone: 2523356822, Claudette Y Surrento, Phone: 252-335-6644
E-Mail Address: keith.e.hoffman@uscg.mil, Claudette.Y.Surrento@uscg.mil
(keith.e.hoffman@uscg.mil, Claudette.Y.Surrento@uscg.mil)
Small Business Set-Aside: N/A
Description: AMENDEDMENT 0001: REMOVED ITEM 3 UNDER TECHNICAL CAPABILITY WHICH REFERENCED SDVOSB STATUS. THERE ARE NO SET ASIDES FOR THIS SOLICITATION AND BEING A SDVOSB HAS NO BEARING ON THE TECHNICAL EVALUATION OF AN OFFEROR. RESPONSE DATE HAS BEEN EXTENDED OUT UNTIL 25JUN2010 4:00 P.M. EST. This is a combined synopsis/solicitation for the repair of commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This requirement will be satisfied using commercial acquisition procedures specified in FAR Parts 12 and 13. This announcement constitutes the only solicitation; firm-fixed-price proposals for providing the items requested and a written solicitation will not be issued. This procurement is a Full and Open Procurement and does not involve any set asides. Only offerors with a current FAA Repair Station Certification for Class 2 Accessories are eligible for contract award. Solicitation number HSCG38-10-Q-200003A is being assigned to this procurement for tracking purposes only and this synopsis/solicitation is being issued as a Request for Quotation (RFQ). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-41. Prior submissions to HSCG38-10-Q-200003 will not be used. This synopsis/solicitation is issued for the repair of the aviation items listed below. The US Coast Guard Aviation Logistics Center (ALC) intends to award one or more fixed price, Indefinite Delivery / Indefinite Quantity contract(s) from this solicitation. The anticipated period of performance will be five (5) years total consisting of a one (1) one-year base period, and four (4) one-year option periods. HOVER LANDING LIGHT NSN 6210-01-HS2-0176 P/N 0230311-101 or 0230311-001 HOVER LANDING LIGHT NSN 6220-01-124-2486 P/N G6250-5 The Government reserves the right to withhold any item or group of items contained in this solicitation upon award. The Government reserves the right to make a single award, multiple awards or to make no award. The Government cannot predetermine the precise quantities that will be required. This requirement contains estimated quantities and deliveries to be scheduled by placing firm-fixed delivery orders. Also, this is a recurring requirement and the Coast Guard is NOT OBLIGATED to the ESTIMATED QUANTITIES. Related documents can be found as attachments to this solicitation. The attached Excel spreadsheet should be used to submit all quotes. Ensure all line items are completed. If you do not have access to the Excel program, the attached PDF pages should be printed and can be used to handwrite in your quote, scan and send back electronically. All parts shall be NEW Original Equipment Manufacturer (OEM) approved parts. Offerors must posses a current FAA certification. Used Items/Parts are not acceptable. The OEM for part P/N G6250-5 listed above is Grimes Aerospace Company (Honeywell) (Cage Code 72914). The OEM for the part P/N 0230311-101 or 0230311-001 listed above is Luminator Aircraft Parts Division (Cage Code 0VDA9). Offerors must be able to provide necessary certificates including traceability to the OEM, manufacturer's Certificate of Conformance (COC) and its own COC to ensure parts are in airworthy condition, suitable for installation on U.S. Coast Guard aircraft. Prospective vendors who are not the OEM or an authorized distributor must provide traceability of product back to the manufacturer or authorized distributor. Traceability means a clear, complete, documented, auditable paper trail which traces each step from the OEM or distributor to its current location. Parts from other than the OEM or authorized distributor may be proposed as long as they are from an identifiable source in Haystack and are subject to USCG ALC Short Range Recovery (SRR) engineering approval. The North American Industry Classification System (NAICS) code is 336413 and the small business size standard is 1000 employees. All items are to be delivered to US Coast Guard Aviation Logistics Center, Bldg 63, Elizabeth City, NC 27909. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this material. Request for drawings or applicable proprietary service bulletins will be disregarded. FOB Destination quotes are desired. FOB Origin quotes must include shipping charges to be considered responsive. Inspection and acceptance of material shall be performed by the USCG Aviation Logistics Center Receiving personnel. Packaging and marking: shall be in accordance with ASTM D3951-98 re-approved 2004, Commercial Packaging, Shipping and Storage Procedures. Note each part must be individually packed in a separate box suitable for shipment via air, land or sea to enable shipment to destination and transshipment to a Coast Guard unit without repacking or incurring damage during shipping and handling. Each individual container shall have a copy of the packing slip attached indicating the National Stock Number, Part number, Contract Number, and quantity. Packaging Material shall not consist of popcorn, shredded paper, Styrofoam of any type of peanut packaging. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage period of one year. All responsible sources may submit a quote which shall be considered by the agency. The closing date and time for submission of quotations June 18, 2010 at 4:00 P.M. Eastern Standard Time. All responsible sources may submit an offer, which shall be considered. Telephone responses will NOT be accepted. E-mail quotes and facsimile quotes are acceptable. E-mail quotes may be sent to keith.e.hoffman@uscg.mil or forwarded via FAX to: 252-334-5240 Attn: HSCG38-10-Q-200003A. POC Information: Primary Alternate Keith Hoffman Claudette Y. Surrento Email: keith.e.hoffman@uscg.mil claudette.y.surrento@uscg.mil Telephone: 252-335-6822 252-335-6644 Fax: 252-334-5240 252-334-5240 The address for hard copy quotes is: USCG Aviation Logistics Center Contracting Officer - HSCG38-10-Q-200003A Short Range Recovery (SRR) Aircraft Division Elizabeth City, NC 27909-5001 Award will be made to the offeror proposing the best value to the Government considering in descending order of importance: Technical Capability, Past Performance, Price, and Delivery. The Government reserves the right to award to a higher priced quote, if deemed the overall best value to the government. Anticipated award date is August 30, 2010. This date is approximate and not exact. Sources must have a valid Cage Code and DUNS number or the ability to obtain one, and also be registered in CCR (Central Contractor Registration) www.ccr.gov. NOTICE FOR FILING AGENCY PROTESTS. It is the policy of the United States 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 Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695 STATEMENT OF WORK 1.0 SCOPE. The Short Range Recovery (SRR) aircraft components to be repaired under this contract will be removed upon failure, and repaired on condition. The contractor shall provide all necessary parts, materials, labor, tooling, test equipment and facilities to evaluate and repair the components listed in the Schedule. The contractor shall provide technical support services, support product improvement efforts, and provide updates to Component Maintenance Manuals (CMM) and Technical Orders (TO). Work under this contract shall be performed at the contractor's facility. 2.0 MAJOR TASKS. 2.1 Repair. Non-RFI components shall be repaired and returned to RFI condition in accordance with the Original Equipment Manufacturer's minimum functional performance specifications. 2.2 Technical Support Services. The contractor shall provide technical support services to resolve technical, maintenance, reliability, and other product support issues as specified in paragraph 5.7 of the Statement of Work (SOW). 2.3 Product Improvement/Engineering Change Proposals. Product Improvement/Engineering Change Proposals may be incorporated as specified in paragraph 5.9 of the SOW. 3.0 DOCUMENT DELIVERABLES. 3.1 Repair Documentation. Documentation supporting work completed shall be provided as specified in paragraph 7.1.1 of the SOW. 3.2 Aviation Computerized Maintenance System (ACMS) Documentation. ACMS documentation for tracked components shall be provided as indicated in paragraph 7.1. 3.3 Service Bulletin Documentation. Service Bulletin Documentation shall be provided as indicated in paragraph 5.8 of the SOW. 3.4 Publications/Updates. The contractor shall provide publications/updates as specified in paragraph 5.11 of the SOW. 3.5 Reports. The contractor shall provide Government Property Reports in accordance with Homeland Security Acquisition Regulation (HSAR) Clause 3052.245-70. 4.0 APPLICABLE DOCUMENTS. 4.1 Government Documents. 4.1.1 - USCG Technical Orders (T.O.s) that support components set forth in the Schedule. Copies may be obtained by submitting a request to the Contracting Officer. 4.1.2 - FAA Advisory Circular AC 43-4A, dated 7/25/91, Corrosion Control for Aircraft A copy of this circular is available at www.faa.gov. 4.2 Industry Documents. 4.2.1 - Original Equipment Manufacturer (OEM) Component Maintenance Manuals (CMM) and other applicable technical specifications for the components set forth in the Schedule. 4.2.1.1 - Industry documents are not available from the US Coast Guard and may be obtained from the applicable Original Equipment Manufacturer (OEM). 4.3 - Order of Precedence. In the event of conflicts between OEM specifications and procedures and USCG specifications and procedures, the order of precedence is as follows: 4.3.1 - USCG specifications and procedures. 4.3.2 - OEM specifications and procedures. 5.0 - REQUIREMENTS 5.1 - Repair. Components shall be repaired for the specific fault for which they were returned. A DD Form 1577-2, Unserviceable (Repairable) Tag-material, or Department of Transportation, USCG, CG-1577-A (11-90), Unsatisfactory Report Tag will be attached to each non-RFI item describing faults. The contractor shall perform an inspection and correct deficiencies found. This shall include, but is not limited to, replacement of missing or broken parts and the removal of any foreign matter or corrosion. 5.2 - Corrosion. During inspection and functional test, the presence of corrosion in a component shall constitute reason for a more thorough disassembly and inspection. Should corrosion be found, disassembly shall be made to the extent necessary to remove corrosion or replace the part, or parts, affected. 5.2.1 - Corrosion Treatment. Corroded parts shall be replaced, except in those cases where removal of corrosion from a part will not impair efficiency or safe operation of the part. Corrosion removal and treatment of affected areas will be accomplished in accordance with manufacturer's specifications and NAVAIR 01-1A-509. 5.3 - Replacement Parts. The repair prices set forth in the Schedule include all replacement parts except separately priced replacement parts as specified in paragraph 5.4 and Exclusions as specified in paragraph 5.5. Parts found to be defective shall be replaced with parts meeting the manufacturer's specifications and drawings. Replacement parts shall be new. Parts shall be replaced as specified in the manufacturer's most current procedures as modified by USCG ALC Engineering. 5.4 - Separately Priced Replacement Parts. During the course of this contract, the contractor may propose use of serviceable/recovered parts in lieu of new separately priced replacement parts subject to Contracting Officer approval. The price of any such part will be negotiated on a case-by-case basis. 5.4.1 - The contractor shall notify the Contracting Officer within 10 calendar days after receipt of the component when any of the separately priced replacement parts specified in the Schedule are required. This notification shall include a list (by part number, nomenclature and quantity) of any separately priced replacement part(s) required. The Contracting Officer will either issue a modification to the delivery order authorizing use of the separately priced replacement part(s) or provide disposition instructions. The delivery schedule will be adjusted accordingly for any delay associated with requesting and obtaining the approval to utilize the specified separately priced replacement part(s). 5.4.2 - The Government reserves the right to provide separately priced replacement parts as Government-furnished property (GFP) on an as-needed basis as determined by the Contracting Officer. 5.5 - Exclusions - Unusual Damage. Prices do not include components that have been cannibalized or severely damaged due to mishandling, water immersion, or crash damage. Additionally, the SRR helicopter is used primarily around salt water at low altitude for search and rescue missions. Therefore, corrosion is to be anticipated and is considered "normal" for the aircraft. Corrosion does not constitute unusual damage. See paragraph 5.2. 5.5.1 - Components received which indicate obvious misuse, cannibalization or severe damage due to mishandling; water immersion or crash damage may dictate an exclusion from the prices specified in the contract schedule. Such components shall be inspected, repair costs determined, and authorization to proceed obtained from the Contracting Officer prior to commencement of work. If the contractor considers a component to be a candidate for exclusion, the Contracting Officer shall be notified within 15 days of receipt of the component. The contractor may be required to support a determination of Unusual Damage by the submission of detailed condition reports with a breakdown of labor and material costs and/or photographs. Submission of requirements to support this determination remains the discretion of the Contracting Officer and shall be provided upon request at no additional cost to the Government. Verbal notification to the Contracting Officer shall be confirmed in writing. The contractor's delivery obligation for the component shall be suspended as the date of notice to the Contracting Officer. The Contracting Officer will make a unilateral written determination (subject to the Disputes Clause, FAR 52.233-1), within 30 days of written notice, as to exclusion validity. The Government retains the right to unilaterally set the price for exclusion items in the event an agreement on price cannot be reached. The contractor's delivery obligation shall resume upon receipt of the Contracting Officer's determination. 5.5.2 - The Government shall not be liable for any amount expended by the contractor in excess of the applicable firm fixed price reflected in the schedule unless prior written authorization has been given by the Contracting Officer. 5.6 - Test and Evaluation. If, after visual and functional inspection, an item is found to meet manufacturer's minimum performance specifications and requires no parts and labor other than that which is necessary to perform this testing, contractor will be allowed the firm-fixed price allowed for No Fault Found (NFF). A report containing at the minimum the Part Number (P/N), National Stock Number (NSN), and nomenclature of the item(s) shall be attached to the item and mailed with the invoice. 5.7 - RESERVED 5.8 - Service Bulletins. The contractor shall provide the Contracting Officer two copies of all service bulletins within ten (10) calendar days of receipt. The Contracting Officer will notify the contractor in writing when incorporation of mandatory or optional service bulletins is required. The contractor shall submit, within thirty (30) calendar days after receipt of this notification, a detailed proposal which shall include a listing of replacement parts and/or materials required, the time needed to affect the modifications, estimated price breakdown of each part, and the number of labor hours required. The applicable labor rate will be as specified in this contract for service bulletins. The Coast Guard normally incorporates all mandatory service bulletins. 5.9 - Product Improvements Proposal (PIP)/Engineering Change Proposal (ECP). The contractor will continually analyze the documentation for each component identified in the schedule. The contractor may develop designs and/or processes that will improve the reliability, maintainability, or operational performance of the components being repaired. A PIP/ECP showing the new design and/or process may be provided to the ALC Contracting Officer for approval. The PIP/ECP shall include a proposal for an incremental charge to be assessed each time the PIP/ECP is incorporated into the component. The proposal shall contain a breakdown of labor hours, material, and other costs. The PIP/ECP will then be evaluated. Upon agreement of the price for incorporation of the PIP/ECP, the Contracting Officer will issue a supplemental agreement reflecting the incorporation of the approved PIP/ECP. The contractor shall not incorporate approved PIPs/ECPs prior to contract modification. 5.10 - Aviation Computerized Maintenance System (ACMS). The contractor shall submit component repair tracking forms as specified in paragraph 7.1.1, Aviation Computerized Maintenance System (ACMS) Procedures to the same address identified in paragraph 7.1.2.1. 5.11 - Publications/Updates. Within 60 calendar days following contract award, the Contractor shall provide the Contracting Officer an updated copy of all applicable OEM-approved component maintenance manuals (CMMs) for components listed in the schedule. The CMMs shall reflect the latest procedures used in the repair of components. If the contractor determines that current procedures detailed in the CMM should be changed, two copies of recommended changes shall be submitted to the USCG's Contracting Officer for submittal and review for approval/disapproval by USCG/ALC Technical Services. The contractor shall continuously update all applicable CMMs during the life of the contract. The contractor shall submit revisions to CMMs to the USCG Contracting Officer within 60 calendar days of receipt. 6.0 - QUALITY ASSURANCE PROVISIONS. 6.1 - Responsibility for Inspections and Tests. The contractor shall establish an inspection system in accordance with Federal Aviation Administration procedures for all components. The USCG reserves the right to review the contractor operation and/or facilities at any time during the period of the contract. 6.2 - Inspections. After a repair is complete, each component shall be inspected/checked in accordance with CMM procedures. 6.3 - Testing. No deviations from test requirements are authorized. 6.4 - RESERVED 6.4.1 -. (a) The contractor shall furnish a Certificate of Airworthiness in accordance with FAA procedures and a Certificate of Conformance in accordance with FAR Clause 52.246-15 for all components (see page 17). These forms shall be submitted on the outside of each component's shipping container with the packing slip, with duplicate copies included inside the container, and copies shall be included with the invoice. (b) The certificate must be signed by an authorized official of the approved source and must specify the nomenclature, manufacturer's part number and date of manufacture. For Production Approval Holder, a Certificate of Conformance AND a copy of the FAA PMA or other manufacturing authority shall be provided. The certificate must be signed by an authorized official representing the approved source and must specify the manufacturer's part number and date of manufacture. Certificates of conformance must be accompanied by documentation reflecting the complete unbroken history of ownership of the parts from purchase from the approved source until delivery to the U.S. Coast Guard. FAILURE TO SUBMIT THE APPROPRIATE CERTIFICATES SHALL CONSTITUTE AN IMPROPER INVOICE AND WILL RESULT IN NONPAYMENT. 6.5 - Inspection and Acceptance. Final inspection and acceptance of material under this contract shall be performed at destination by local Quality Assurance personnel and will consist of count, condition and verification that all required documentation has been provided. ALC considers components RFI upon acceptance. Components determined to be non-RFI upon installation may be returned to the contractor with a Quality Deficiency Report for repair at no additional cost to the USCG. 7.0 - REPORTING REQUIREMENTS. 7.1 - Aviation Computerized Maintenance System (ACMS) Procedures. 7.1.1 - Report Submission. ACMS is the management information system used to schedule and record all USCG aircraft maintenance. The USCG will provide the Significant Component History Report (SCHR) and the Component Repair Record (CRR) for each tracked component shipped to the contractor. The contractor's responsibility within ACMS shall include submission of the reports within five (5) working days of the completion of the repair effort. As part of the SCHR/CRR requirement, it should be specified on the forms, exactly which parts were replaced so that it can be entered onto the SCHR/CRR by ALC Personnel after repair of the components. 7.1.2 - ACMS Forms. 7.1.2.1 - Significant Component History Report (SCHR). The SCHR records the maintenance history of the serial number tracked components. It remains with its corresponding part until reinstalled on an aircraft or is annotated "scrapped" (NOTE: Written approval from the Contracting Officer is required prior to scrapping a component). The SCHR for scrapped components, as well as the component itself, shall be returned to US Coast Guard Aircraft Logistics Center, ATTN: AVENG/ACMS, Elizabeth City, NC 27909-5001. The contractor shall retain a copy of each SCHR for 90 calendar days. 7.1.2.2 - Component Repair Record (CRR). The CRR records the maintenance performed on a serial number tracked component and enrolls or disenrolls components from ACMS when those components are scrapped, added to, or removed from the USCG inventory. The contractor shall document ALL repair actions, including the specifications and/or technical orders used as authority, on the CRR. In addition, the contractor shall record the completion of any Service Bulletin and/or Time Compliance Technical Order (TCTO). The contractor shall mail one copy of the CRR to the address shown in paragraph 7.1.2.1 above no later than five (5) working days following completion of the repair effort. One copy shall be attached to the invoice. The original CRR shall be packed with the component. The contractor shall retain a copy of each CRR for 90 calendar days. NOTE: The contractor shall list all non-consumable parts replaced on the CRR. This is imperative for effective historical research on the tracked item. 8.0 - SPECIAL INSTRUCTIONS. 8.1 - Aircraft on Ground (AOG) Situations. Upon notification from the USCG that an AOG situation exists, the contractor shall expedite repair and initiate shipment within seven (7) calendar days or less. Material shall be shipped by the fastest traceable means, e.g. Air Freight "next day delivery". The shipping container shall be marked on the outside in highly visible lettering "A.O.G." At the time the contractor is notified of an AOG requirement, the contractor shall advise the Contracting Officer if there are additional shipping charges. The Contracting Officer will provide special shipping instructions and authorization for reimbursement in these instances. The quantity of AOG units is limited to a maximum of five (5) units in any seven (7) calendar-day period. 9.0 PERIOD OF PERFORMANCE. The period of contract performance includes a one-year base period and, if exercised, four one-year option periods. 10.0 PLACE OF PERFORMANCE. The Government will ship components, freight prepaid, to the contractor's facility within the United States (except Alaska and Hawaii) to the location specified below: _________________________________ _________________________________ _________________________________ _________________________________ (City, County, State, Zip Code) In the event that the Contractor's facility is located outside the contiguous states, the District of Columbia or Canada, the f.o.b. point for Government delivery of Government-furnished property shall be a location in the United States (excluding Alaska and Hawaii) specified by the Contractor below: _________________________________ _________________________________ _________________________________ _________________________________ (City, County, State, Zip Code) 11.0 CONTRACTOR VERIFICATION OF RECEIPT OF COMPONETS (a) All items under this contract will be inspected and accepted by the contractor. Within five (5) calendar days following the receipt of component(s), the contractor shall provide written notification of the following to the Contracting Officer. 1) Date of receipt of component(s). 2) Confirmation of number of units received. 3) Applicable delivery order and line item number(s) Notification via facsimile is acceptable, FAX: (252) 334-5240 12.0 F.O.B. POINT The F.O.B. point for shipments under this contract is F.O.B. destination. Prices in the Schedule should include all applicable customs/duty/shipping charges. 13.0 PACKAGING AND MARKING 13.1 PACKAGING & PRESERVATION Packaging and preservation shall be the vendor's best commercial practice and shall include the following information: a. The Coast Guard Aviation Logistics Center is a supply depot; therefore, material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea. b. Packaging material shall NOT consist of the following material: popcorn, shredded paper, Styrofoam of any type or peanut packaging. c. Each part number shall be individually packed in a separate envelope, box, carton or crate. If crate is used, material must be packaged in such a way that material does not come in contact directly with wood to avoid wood splinters from penetrating material. The internal packing material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration, or decay during warehouse storage for a period of one year. 13.2 MARKING INSTRUCTIONS Each individual container shall be labeled on the outside and each individual packaging of parts on the inside shall be labeled with National Stock Number, Part Number, Nomenclature, Quantity, Contract Line Item, Contract Number, Delivery Order Numbers and Delivery Line Item Number. Certificates of Conformance shall be placed on the outside of individual containers. 14.0 INVOICING INSTRUCTIONS The original and three (3) copies of the Contractor's invoice formatted IAW FAR 52.212-4(g) shall be submitted to the designated billing office for payment as follows: Email: alc-fiscal@uscg.mil Chief, Fiscal Branch Bldg. 63 USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 MARK FOR: CONTRACT NO. _________________________________ (To be assigned at time of issuance) DELIVERY ORDERNO. _________________________________ (To be assigned at time of issuance) 15.0 SHIPPING INSTRUCTIONS Unless otherwise specified on individual delivery orders issued hereunder, deliverable hardware items shall be shipped to the following address: USCG Aviation Logistics Center Receiving Section, Bldg. 63 Elizabeth City, NC 27909-5001 MARK FOR: 41000 Field Stock Contract No. _____________________________ (To be assigned at time of issuance) Delivery Order No. ______________________________ (To be assigned at time of issuance) Documents, reports and correspondence shall be submitted to the following address: Contracting Officer SRR Product Line, Bldg. 75 USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 16.0 DESIRED AND REQUIRED TIME OF DELIVERY FAR 52.211-9 (JUN 1997) (a) The Government desires delivery to be made according to the following schedule: DELIVERY SCHEDULE (*calendar days) (a) (b) (c) (d) (e) ITEM NO QUANTITY GOVERNMENT DESIRED DELIVERY GOVERNMENT REQUIRED DELIVERY OFFEROR'S PROPOSED DELIVERY 1 - 5 As specified 45 days* after receipt of material 60 days* after receipt of material _____ days* after receipt of order If the offeror is unable to meet the desired delivery schedule in column (c), it may, without prejudicing evaluation of its offer, propose a delivery schedule in column (e) above. However, if the offeror's proposed delivery schedule extends the delivery period beyond the time for delivery in the Government's required delivery schedule set forth in column (d) above other offers with delivery dates earlier than or meeting the time specified in column (d) will be rated more favorably. If the offeror proposed no other delivery schedule, the desired schedule in column (c) will apply. (End of Clause) FAR 52.246-15 CERTIFICATE OF CONFORMANCE APR 1984 (a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipment of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred. (b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment. (c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense. (d) The certificate shall read as follows: I certify that on ___________________ (insert date), the _______________________ (insert Contractor's name) furnished the supplies or services called for by Contract No. _______________________________ via ___________________________ (Carrier) on _______________________________ (identify the bill of lading or shipping document) in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document. DATE OF EXECUTION: __________________________________________________ SIGNATURE: ___________________________________________________________ TITLE: _________________________________________________________________ 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 a clause may be accessed electronically at this address: http://arnet.gov/far/ 52.204-4 Printed Copied Double-Sided on Recycled Paper AUG 2000 52.211-15 Defense Priority and Allocation Requirements. APR 2008 52.217-5 Evaluation of Options JUL 1990 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 FULL TEXT CLAUSES 52.209-5 Certification Regarding Responsibility Matters. CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are / are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have [ ] 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. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) 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. (ii) 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. (2) Examples. (i) 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. (ii) 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. (iii) 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. (iv) 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). (ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, 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). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.209-7 Information Regarding Responsibility Matters. INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010) (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). (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 enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). "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). (End of provision) FAR CLAUSE 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Alt IV) (OCT 1997). (a) Submission of cost of pricing data is not required. (b) Provide information described below: Provide pricing using the Excel Spreadsheet attached to the solicitation for the base and all four option periods. Also attach pricing from recent sales for similar items and quantities and current catalog pricing, if available, to be used for a Fair and Reasonable Price comparison. (End of clause) 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 contract award through one calendar year from exercised base or option 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 of 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 quantitiy; (2) Any order for a combination of items in excess of a total line item quantity; or (3) A series of orders from the same ordering office within 30 calendar 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. (End of clause) 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 one year after the last exercised base or option period. (End of clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond September 2010. 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 September 2010, 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) 52.212-1 Instructions to Offerors-Commercial Items (June 2008) applies to this requirement and is tailored as follows: (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. 52.233-2 Service of Protest. (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: USCG Aviation Logistics Center Contracting Officer - HSCG38-10-Q-200003 Short Range Recovery (SRR) Aircraft Division Elizabeth City, NC 27909-5001 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 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. Technical Capability 2. Past Performance 3. Price 4. Delivery Technical Capability is the most important evaluation factor. Past Performance is the second most important evaluation factor. Price is the third most important evaluation factor. Delivery is the least important evaluation factor. The closer the offers are to equality, price becomes the most important. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision)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. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.395(c). "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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) 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 (n) 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 Employees Average 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 1,000 Over $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 the offeror does not conduct any restricted business operations in Sudan. n. Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. 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. (End of Provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Apr 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (2) 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 shall 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). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 0 (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). 0 (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). 0 (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 0 (7) [Reserved] 0 (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-6. 0 (iii) Alternate II (Mar 2004) of 52.219-6. 0 (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. X (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 0 (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4). 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). 0 (13) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F) (i)). 0 (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C.657f). 0 (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C 632(a)(2)). The following paragraph of this clause may require completion: (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it __ is, __ is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer's name and title]. X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (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 (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 0 (26) 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.) 0 (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available of-the-shelf items.) X (28) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). 0 (ii) Alternate I (Dec 2007) of 52.223-16 X (30) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). 0 (31)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169 109-283, and 110-138). 0 (ii) Alternate I (Jan 2004) of 52.225-3. 0 (iii) Alternate II (Jan 2004) of 52.225-3. 0 (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150). 0 (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 0 (39) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 0 (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 0 (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.). X (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.). This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class: Electronics Supervisor, WS-2604-11, $27.01; Electronics Mechanic, WG-2604-11, $21.04 and Electronics Worker, WG-2604-8, $18.21. Fringe benefit required: Annual Leave: 2 hours per week for less than 3 years; 3 hours per week for service of 3 years but less than 15 years; 4 hours per week for service of 15 years or more. Paid Holidays: Ten per year. Government's contribution to sick leave and to life, accident and health insurance: approximately 5.1 percent of basic hourly rate. Government's contribution to retirement pay: 7 percent of basic hourly rate. X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contract for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C.351, et seq). 0 (6) 52.222-53, Exemption from Application of Service Contract Act to Contract for Certain Services- Requirements (Feb 2009) (41 U.S.C. 351, et seq.) 0 (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). 0 (8) 52.237-11, Accepting and Dispensing of $1 coin (Sept 2008) (31 U.S.C. 5112(p)(1). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965, as Amended (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) 0 Alternate 1 (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., et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) HSCG38-10-Q-200003A EVALUATION CRITERIA Only offers meeting the listed technical capability criteria are eligible for award. Technical Capability Quotes shall address in detail the following information as they will be rated against these criteria. The criteria in this section are pass/fail criteria. Only offerors meeting all of these criteria will be considered for contract award. 1. FAA Certification: The contractor shall provide verification that they possess a valid and current FAA certification applicable to the services being requested. 2. OEM Procedures: The contractor shall provide verification that they have access to OEM specifications, procedures, and parts. AMENDMENT 00001 REMOVED REFERENCE TO SDVOSB STATUS. Only offerors successfully meeting these technical evaluation factors listed above will be considered for possible award and evaluated in the following areas. The Government will evaluate quotes based on the following criteria in descending order of importance: 1. Past Performance (Relevant and recent) 2. Price 3. Delivery Past Performance is the most important evaluation factor. Price is the second most important evaluation factor. Delivery is the least important evaluation factor. The closer the offers are to equality, price becomes the most important. Quote Requirements: In addition to FAR 52.212-1, "Instructions to Offerors - Commercial Items", the following information is provided. Offerors are required to submit their quotes in two separate volumes as follows: Volume I - Written Technical Quote Original + Electronic Media Volume II - Price Quote Original + Electronic Media The completion and submission of the items contained herein will constitute an offer (quote) and the offeror's unconditional assent to the terms and conditions of this RFQ and any attachments hereto. An offeror may correct a deficiency only through discussions (see FAR 15.306(b), 15.306(d), and 15.307). Volume I Technical Quote shall contain Technical, Past Performance, & Delivery data. Volume II Price Quote shall include the proposed pricing information. QUOTE FORMAT: This section specifies the format that offerors shall use in this RFQ. The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the response for evaluation purposes. Each volume shall contain the following items in addition to the technical/descriptive data required by this RFQ. Cover: The cover shall indicate the following: Title of the quote Quote category (Technical or Price) Volume number RFQ number Name and address of offeror Identification of copies bearing original signatures Written Component: Volume I, the technical quote shall be limited to no more than 15 pages. Each "page" is one sheet, 8 ½" x 11", with at least one inch margins on all sides, using Time New Roman font with 12 point size type or larger. Pages shall be consecutively numbered. Multiple pages or foldouts count as an equivalent of 8 ½" x 11" pages. Each page of each copy should affix with the legend "Source Selection Information See FAR 3.104". EVALUATION CRITERIA: Past Performance The offeror shall provide three (3) past performance references that reflect relevant experience performed within the past five (5) years. Relevant experience includes that which is similar in services provided. The following information shall be provided for each reference listed: Name of Contracting Activity, Contract Number, Contract Type, Contract Amount, Short Description of Work Performed, Contracting Officer and Telephone Number, Technical Point-of-Contact and Telephone Number. Offerors may provide information on problems encountered on the identified contracts and the offeror's corrective actions. Past performance will be evaluated for relevancy and recency. More relevant past performance will be rated higher. More recent, relevant past performance will be rated higher. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be given a neutral past performance rating. The Government may also use other information available from Government sources to evaluate an offeror's past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror. Price The contractor shall provide pricing based on the line items documented in the solicitation HSCG38-10-Q-200003A. Any quantity price discounts should be included in this section. NOTE: The line item structure identified on this document can be altered if needed by the offeror to accommodate things such as separately priced options, multiple separately priced features, no cost items, alternate versions, etc. Delivery The offeror shall provide a delivery schedule for each of the line items contained in the solicitation. This section should also include maximum deliveries per month, if applicable. USCG Evaluation of Capability: The offerors selected for contract award will be subject to review and evaluation by the USCG Aviation Logistics Center (ALC) New Product Capability office prior to contract award. Any company found not acceptable will not be considered for award. Evaluation of vendor's technical capability shall include evaluation by the USCG New Product Development Branch. The evaluation will include in-depth analysis of the vendor's capability to complete the work being solicited to include: facilities, personnel, and associated processes (Quality Control, inventory management, etc.). This evaluation may be accomplished via document reviews and/or a vendor site visit. Vendors must pass this evaluation in order to be considered for contract award. This evaluation will only be performed on vendors selected for contract award. Evaluation will be conducted and completed prior to contract award.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-10-Q-200003A/listing.html)
Place of Performance: Address: COMMANDING OFFICER, UNITED STATES COAST GUARD, AVIATION LOGISTICS CENTER/SRR, 1664 WEEKSVILLE HWY, ELIZABETH CITY, North Carolina, 27909, United States; Zip Code: 27909
Record: SN02179230-W 20100618/100616235011-53d32683408c4fc296cb3e46b95d79cb (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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