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FBO DAILY ISSUE OF OCTOBER 19, 2011 FBO #3616
SOLICITATION NOTICE

16 -- Ground Support Equipment and Spare Parts for Support of HC-144A Aircraft - Package #1

Notice Date
10/17/2011
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 
ZIP Code
27909-5001
 
Solicitation Number
HSCG-11-Q-011045
 
Archive Date
11/2/2011
 
Point of Contact
Thomas F Mason, Phone: 252-384-7184, Wade D. Johnson, Phone: 252-335-6142
 
E-Mail Address
thomas.f.mason@uscg.mil, wade.johnson@uscg.mil
(thomas.f.mason@uscg.mil, wade.johnson@uscg.mil)
 
Small Business Set-Aside
N/A
 
Description
Justification & Approval Vendor Work Sheet Combined SYN/SOL: HSCG38-11-Q-011045 Classification Code: 16- Aircraft Components & Accessories NAICS Code: 336413 - Other Aircraft Parts and Auxiliary Equipment Manufacturing Title: Ground Support Equipment and Spare Parts for Support of HC-144A Aircraft Description: This is a combined synopsis/solicitation for the procurement of commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13, 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 quotes for the procurement of the following items are being requested and a written solicitation will not be issued. Solicitation number HSCG38-11-Q-011045 is being assigned to this procurement for tracking purposes only and this combined synopsis/solicitation is being issued as a Request for Quotation (RFQ). All responsible sources may submit a quotation which shall be considered by the agency. The USCG intends to award this requirement on a sole source basis to the authorized Original Equipment Manufacturer (OEM), EADS CASA North America Inc. Cage Code 0DAF1, 1616 North Ft. Myer Drive, Suite 1600 Arlington, VA 22209-3110, or any source that can provide the parts that meet the OEM's specifications. The contract will be awarded as a FIRM-FIXED PRICE, indefinite delivery requirements contract. The Coast Guard does not possess or have access to the OEM specification or drawings. When soliciting quotes or offers, round-off prices to the nearest whole U.S. dollar value. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-53. This is an unrestricted procurement. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. OFFERORS MUST PROPOSE ON ALL PERIODS BELOW TO BE RESPONSIVE The contract will be awarded using simplified acquisition procedures in accordance with FAR part 13.5. The government reserves the right to make multiple awards for any item or group of items contained in this solicitation. Offers submitted for quantities less than those specified in each CLIN will not be considered. Offers are also required to propose on the base and all option years to be deemed responsive. Only new items are acceptable; reconditioned/used materials are not acceptable. This requirement is to purchase spares to be used on the HC144A aircraft. THE FOLLOWING SCHEDULES APPLIES: *** SEE THE ATTACHED QUOTE WORKSHEET FOR ITEMS. ALSO SPECIFY DELIVERY LEAD-TIME AND FOB DESTINATION*** QUANTITY DISCOUNT PRICING: Pricing shall reflect any quantity discount. PACKING SLIP: At the time of each delivery of supplies or services under this contract, the contractor must furnish to the Government a properly completed packing slip. This packing slip must include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Serial Number(S/N), 5) Delivery Order Number, 6) Line Item Number, and 7) Quantity. One copy of the packing slip shall be attached to the outside of the shipping container. The contractor shall provide a Certificate of Conformance (COC), or a Federal Aviation Administration (FAA) Form 8130, which shall be attached to each item and a second copy shall be included with each packing slip. The Certificate of Conformance must be in accordance with the format specified at Federal Acquisition Regulation (FAR) clause 52.246-15. Contractor must provide with the packing slip, the necessary certifications including traceability to the OEM to ensure parts are in airworthy condition and suitable for installation on a U.S. Coast Guard aircraft. PACKAGING/MARKING: Contractor shall comply with ASTM D 3951-10 Standard Practice for Commercial Packaging. Each individual container shall be labeled on the outside with NSN, P/N, S/N, Quantity, Nomenclature, Contract Number, and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Packaging material shall not consist of popcorn, shredded paper, styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory. SHIPPING INSTRUCTIONS: Items shall be shipped to the following address: U.S. Coast Guard Aviation Logistics Center (ALC) Receiving Section, Building 63 Elizabeth City, NC 27909 MARK FOR CONTRACT NO. (to be provided at time of award) REFERENCE ITEM NO. (will be specified on each Delivery Order) INSPECTION/ACCEPTANCE: Inspection and Acceptance of material shall be by Certificate of Conformance (COC). ALC Receiving shall inspect designated material for count and condition only. LEVEL OF INSPECTION/QUALITY SYSTEM: The contractor shall provide and maintain a quality system in compliance with ISO 9001 or ISO 9002, ANSI/ASQC, Q9001, Q9002 or a Quality System that is acceptable to the government. Vendor shall indicate quality system used. DESIRED DELIVERY SCHEDULE: Desired delivery is 30 days after receipt of order. Required delivery is 120 days after receipt of order for all items. The contractor may propose an earlier delivery schedule. The contractor's proposed earlier delivery schedule will then become the required delivery schedule. Early and partial deliveries are desired and acceptable as long as there are no additional charges to the government. PERIOD OF PERFORMANCE: This contract shall be awarded for a base period of one year and four one-year option periods. This contract shall not exceed a total period of five years, if all options are exercised. ESTIMATED QUANTITIES: Failure of the Government to purchase any of the line items in the amounts or quantities described in the schedule of supplies/services will not entitle the contractor to any equitable adjustment in price. Estimated quantities are anticipated to be the same per each contract year. INVOICE INSTRUCTIONS: Per FAR 52.212-4 Contract Terms and Conditions-Commercial Items (JUN 2010) Invoice. (1) The Contractor shall submit an original invoice (or electronic invoice) to the address designated in the contract to receive invoices. Electronic submission is the preferred method. ALL invoice questions must be directed to (252) 335-6852 or ALC-Fiscal@uscg.mil. To avoid delay in payments, an invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic Funds Transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (D) Invoices will not be considered received if not sent to the correct contact information below. (1) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. Additional Information: Invoices with shipping charges in excess of $100 SHALL be accompanied by a certified freight bill. Failure to submit certified freight bill will result in delay of payment and return of invoice until proper documentation is received. The following Federal Acquisition Regulation (FAR) Provisions and Clauses apply to this request for quotation and are incorporated by reference: 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://acquisition.gov/far/index.html. 52.252-2 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 Internet address: www.arnet.gov/far/. FAR 52.209-7 Information Regarding Responsibility Matters (JAN 2011) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). "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) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (JAN 2011) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov. (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (End of clause) 52.212-4 Contract Terms and Conditions -- Commercial Items (JUN 2010) ADDENDUM The following Federal Acquisition Regulation (FAR) Provisions and Clauses apply: 52.203-3 Gratuities (Apr 1984) 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-A1. 52.211-15 Defense Priority and Allocation Requirement (Apr 2008) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010). 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, date to be determined at contract award. (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 ____$33.33______ [insert dollar figure or quantity], 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 _$504,543.00__ [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of _$1,300,000.00__ [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within __7__________ 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_ 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) 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) 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, date to be determined at contract award. 52.217-5 Evaluation of Options (Jul 1990) 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 prior to the end of the existing contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. (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 5 years. (End of Clause) 52.223-6 Drug-Free Workplace (May 2001) 52.225-8 Duty Free Entry (Oct 2010) 52.232-18 Availability of Funds (Apr 1984) 52.233-2 Service of Protest (Sept 2006) 52.242-13 Bankruptcy (July 1995) 52.246-2 Inspection of Supplies - Fixed Price (Aug 1996) 52.246-15 Certificate of Conformance (Apr 1984) 52.247-45 F.o.b. Origin and /or F.o.b. Destination Evaluation (April 1984) (End of provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2011) Check the following: (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (8) 52.219-3, Notice of Total HUB Zone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (9) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (10) [Reserved] __ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). _X_ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). _X_ (16) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (18) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _X_ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). __ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible under the WOSB Program (Apr 2011). _X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _X_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) _X_ (33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (36) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). _X_ (37) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (38)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 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). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (40) 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). __ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). _X_ (43) 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)). __ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (46) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (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) 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) 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: Technical Capability Past Performance Price Delivery Technical and past performance factors when combined are more important than price. While price is an important part of the integrated selection decision, the non-price factors are significantly more important than the price factor. The closer the offers are to equality, price becomes most important factor. (b) 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. 52.212-3 Offeror Representations and Certifications-Commercial Items (May 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications 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 (o) of this provision. Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) 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 of 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. The following Homeland Security Acquisition Regulations (HSAR) apply: 3052.219-70 Small Business Subcontracting Plan Reporting (Jun 2006) 3052.219-71 DHS Mentor-Protégé Program (Jun 2006) 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor-Protégé Program (Jun 2006) 3052.242-71 Dissemination of Contract Information (Dec 2003) Closing date and time for receipt of offers is 31 October 2011, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. All responsible sources may submit a proposal that will be considered by this Agency. Offers may be submitted on company letterhead stationery indicating the nomenclature, part number, unit price and extended price; F.o.b. point, payment terms and any discounts offered for prompt payment, the business size standard and any minority classification; and delivery date and MUST include the required FAR 52.212-3, including Alternate 1, Offeror Representations and Certifications. Copies are available by calling the agency or by downloading the document from FedBizOpps as posted under this solicitation. All offerors submitting a proposal shall have a valid Vendor Cage Code and Dun & Bradstreet number (DUNS) or the ability to get one, and be registered in Online Representations and Certification (ORCA). Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5427, attention Thomas F. Mason. Electronic submission may be sent to Thomas.F.Mason@uscg.mil and to Wade.Johnson@uscg.mil. COMDTINST 4200.14A - Notice for Filing Agency Protests United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the 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.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG-11-Q-011045/listing.html)
 
Place of Performance
Address: 1060 Consolidated Rd, MRS Product Line, Elizabeth City, North Carolina, 27909, United States
Zip Code: 27909
 
Record
SN02608211-W 20111019/111017234052-64c622585a53df5bf8b63cd7bddaf666 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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