Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 10, 2012 FBO #3912
MODIFICATION

16 -- Reverse Engineer & Manufacture Tee Caps for H60 Helicopters - Questions & Answers Version 1

Notice Date

8/8/2012
 

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

HSCG3812QS00121
 

Archive Date

9/28/2012
 

Point of Contact

Geneva K. James, Phone: 2523345094
 

E-Mail Address

geneva.k.james@uscg.mil
(geneva.k.james@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Vendors questions and requests for clarification and their answers. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Contracting Branch intends to issue a Firm Fixed Price Purchase Order using the procedures of FAR Part 12 and Part 13. This Request for Quote HSCG38-12-Q-S00121 incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-58, dated May 18, 2012. This announcement constitutes the only solicitation; firm-fixed-price quotes for the purchase of the following item(s) are being requested and a written solicitation will not be issued. The North American Industry Classification System Code is 336413 and the size standard is 1,000 employees. This is a small business set-aside procurement. The U.S. Coast Guard Aviation Logistics Center (ALC) plans to award one (1) purchase order. All responsible sources may submit offers which shall be considered by the agency. The USCG does not own specifications, plans, and drawings and no other technical data will be included in this solicitation. All responsible sources may submit an offer for quantities listed or quantity price breaks which shall be considered by the agency. PACKAGING AND MARKING: Packaging, packing, and preservation shall be in accordance with ASTM D3951-98 (Re-approved 2004) Standard Practice for Commercial Packaging. Each package shall be individually labeled on the outside with Nomenclature, Quantity, Purchase Order Number, and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Delivery shall be to Commanding Officer, Aviation Logistics Center, Elizabeth City, NC 27909. Inspection and Acceptance shall be performed at destination by ALC's Receiving Section. Inspection and Acceptance shall be in accordance with 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) In addition, Inspection and Acceptance may be performed at destination by ALC's Quality Assurance representative in accordance with ALCINST 4855.4, Policy and Quality Assurance Procedures for the Receipt Inspection of New, Repaired and Overhauled Items from Vendors dated Aug 15, 2008. Copies of packing slips shall be affixed to the outside of the shipping container. Each item or unit must be individually packed in a separate box, carton, or crate. Each individual container shall be labeled on the outside with NSN, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Line Item. Bar coding is authorized but not required. Offers shall be able to provide necessary certifications including traceability to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. The basis for award rests with ability to meet the requirements and evaluation factors as outlined in the Statement of Work (SOW), the ability to have the items approved in accordance with FAR 52.209-4, First Article Approval - Government Testing (see full text below), and the determination of fair and reasonable pricing. APPLICABLE CLAUSES 52.209-4 First Article Approval-Government Testing. (Sept 1989) (a) The Contractor shall deliver one (1) each of Item 1 and Item 2 within sixty (60) calendar days from the date of this contract to the Government at Aviation Logistics Center, Attn: MRR Engineering Branch, 1664 Weeksville Road, Elizabeth City, NC 27909. The shipping documentation shall contain this contract number and the Item identification. The characteristics that the first article must meet and the testing requirements are specified under each Line Item below. (b) Within forty-five (45) calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. 52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond 2012. 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 2012, 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. Schedule of Supplies/Services Description 1. Tee Cap Quantity: 1 to 15 each P/N: 70202-82328-114 Required Delivery: 90 days after First Article Approval 2. Tee Cap Quantity: 1 to 15 each P/N: 70202-82328-135 Required Delivery: 90 days after First Article Approval PLEASE READ THE STATEMENT OF WORK (SOW) INLCUDED BELOW CAREFULLY. ALL QUOTES SUBMITTED MUST ADDRESS ALL OF THE REQUIREMENTS AND EVALUATION FACTORS IN ORDER TO BE CONSIDERED RESPONSIVE. STATEMENT OF WORK (SOW) 1. The United States Coast Guard (USCG) Aviation Logistics Center (ALC), Medium Response Recovery Product Line Division (MRR) seeks small businesses as a manufacturing source for the manufacture of a first article and follow-on requirements for the items listed below. These items are used on the Coast Guard's MH-60J/T aircraft. The items are listed along with the National Stock Number (NSN) and part number (P/N); TEE CAP NSN 1560-01-HS2-4796 P/N 70202-82328-114 TEE CAP NSN 1560-01-HS2-4797 P/N 70202-82328-135 The information contained in this SOW is not intended to be all-inclusive nor to detract from the contractor's responsibility to: perform reverse engineering; establish accurate drawings done to precise scale; manufacture all necessary tooling and fixtures; adhere to all first article requirements; perform the follow-on manufacturing requirements, and minimize the non-reoccurring engineering (NRE) costs. 2. Applicable definitions and requirements. SMALL BUSINESS SET ASIDE - All requirements in this SOW are for small businesses. FAR 19.5 shall apply. REVERSE ENGINEER - ALC will not provide drawings to manufacture the tee caps. However, a sample tee cap will be provided in order to create accurate and precise prototype drawings. From the reverse engineering effort, the contractor shall submit a first article and prototype drawing for each tee cap. The prototype drawings shall be inclusive of each step required to manufacture each tee cap and shall match the final product. Prototype drawings shall be comprehensive and fully dimensional to facilitate future requirements. All prototype drawings shall be submitted in 2D/3D vector graphics format based on the Initial Graphics Exchange Specification used by many CAD programs as a standard ASCII text-based format for saving and exporting vector data. Once the prototype drawings have been completed by the contractor, the first articles and the prototype drawings shall be submitted to ALC MRR engineering for inspection and approval. MRR engineering shall inspect the first articles against the prototype drawing and provide feedback to the contractor within sixty (60) calendar days after physical receipt of the prototype drawings and first articles. If discrepancies are found on the prototype drawings or first articles, they will be returned for necessary corrections. Prototype drawing submission shall be limited to two (2) times before the contractor may be disqualified as a potential source of supply. No additional tee caps shall be manufactured until the prototype drawings and first articles are approved by MRR engineering. The acceptance or rejection notification for the prototype drawings and first articles will be in writing from the Contracting Officer within sixty (60) calendars after physical receipt. The prototype drawings and first articles shall be shipped to ALC using traceable means (e.g. Federal Express, United Parcel Services, etc.). Approved drawings are considered a deliverable under this requirement. Approved drawings shall not bear proprietary or restrictive markings and shall be submitted as a final product. The approved drawings must be dimensionally accurate and fully releasable at the Government's discretion. The Government shall retain title to all data generated from this requirement. TOOLING REQUIREMENTS - The government will not provide any tooling as Government Furnished Property (GFP) for the manufacture of the tee caps once drawings are approved. The contractor shall manufacture all special, nonstandard tooling and retain it on site as government property. The contractor shall store all special, nonstandard tooling in a weather proof location or container for a period of three (3) years and be responsible for any damage which may occur during the storage period. At the end of three (3) years, the contractor shall notify MRR in writing requesting disposition instructions if no additional contracts were awarded for manufacture of tee caps. However, if a new contract is awarded to the contractor, the three (3) year storage clock shall reset to zero time and restart with the last delivery of the latest contract awarded. FIRST ARTICLE - The Government reserves the right for first article requirements. If required, the contractor shall meet the following guidelines: The first articles shall be shipped to ALC using traceable means (e.g. Federal Express, United Parcel Services, etc). The contractor shall provide each tee cap first article to ALC MRR engineering for inspection within sixty (60) calendar days along with the prototype drawings. MRR engineering shall check the first articles against the prototype drawings and provide feedback to the contractor in writing within sixty (60) calendar days. If discrepancies are found, the first article(s) will be returned to the contractor along with the prototype drawing(s) for correction. The contractor shall correct all discrepancies and resubmit the first article(s) and prototype drawing(s) to MRR engineering within thirty (30) calendar days for a second inspection. If additional discrepancies are found, MRR engineering may disqualify the contractor as a potential source of supply. The acceptance or rejection notification for the prototype drawings and first articles will be in writing from the Contracting Officer within sixty (60) calendars after physical receipt. Federal Acquisition Regulations (FAR) 52.209-4 applies to this requirement. MATERIALS AND PREPARATION - The tee caps shall be made from extrusion meeting the following requirements; 1. P/N 70202-82328-114 should use 7075-T6 Extrusion (QQ-A-200-11). P/N 70202-82328-135 should use 7075-T6 Extrusion (QQ-A-250-13). 2..078 (thickness for all legs of extrusion) 3. Joggled to depth of sample provided 4. Anodized 5. Primed with epoxy primer 6. The tee caps shall be manufactured with NO PILOT HOLES GOVERNMENT FURNISHED PROPERTY -- The Government shall provide one (1) each tee cap, P/N 70202-82328-114 and one (1) each tee cap, P/N 70202-82328-135, as GFP for the purposes of reverse engineering. The GFP shall be provided in a "ready for issue" condition whose suitability is accurate and precise. The contractor shall accomplish a thorough inspection of the GFP and report any substantive deficiencies to the Contracting Officer. Substantive deficiencies are defined as deficiencies that impede or prevent reverse engineering from the sample provided. The contractor assumes responsibility for any damage incurred to GFP resulting from the reverse engineering effort. If damage should occur, the Government shall establish a depreciable value of the sample tee cap provided. This depreciated estimated value, which is not negotiable by the contractor, will be used to offset the cost incurred by the contractor for a replacement tee cap or financially compensate the government when a replacement tee cap cannot be manufactured. PRICING or COST - The contractor shall incorporate the cost of the first article, NRE, tooling, remaining tee caps to be manufactured, and the transportation charges into the overall firm fixed cost for each tee cap. ESTIMATED QUANTITY - Pricing shall be submitted for quantities of 5, 10, and 15 for both part numbers; P/N 70202-82328-114 and P/N 70202-82328-135. No other part numbers shall apply to this SOW. 3. Evaluation factors for award of contract A. Offerors are required to submit information relevant to the evaluation factors listed below with their proposals. The technical factors and sub-factors are listed in descending order of importance and are considered, as a whole, more important than price. Offerors are advised that, as technical ratings become more equal among competitors, price will become the ultimate deciding factor for award. B. Offerors must submit, as part of their proposal, information sufficient to assess their capability to perform the services specified by this SOW. That information may include, but is not limited to: descriptions or diagrams of facilities; descriptions of personnel staffing (including management and engineering); qualifications, certifications and training of personnel; safety and environmental records; and quality assurance procedures and processes. Failure to address each bullet listed in the factors below will result in a lower assessment in those areas. 3.1 Factor I - Engineering Staff Experience All offerors are required to provide past experience of their present engineering staff in reverse engineering for the manufacture of aviation parts or like items listed in section 1 for verification. Offerors are advised that more recent experience is more relevant than less recent experience, aviation parts are more relevant than like items, and each engineering employee's total years experience in reverse engineering will be given greater weight in the evaluation process. Information to support an offeror's assertion of engineering staff experience includes, but is not limited to, descriptions of personnel staffing (including management and engineering); qualifications, certifications and training of personnel; actual experience with military and commercial entities in reverse engineering efforts for aviation components, regardless of the aircraft or usage. 3.2. Factor II - Past Manufacturing Performance All offerors are required to provide a minimum of three (3) references for past manufacturing performance information such that experience in the manufacture of aviation parts or like items listed in section 1 for verification. Offerors are advised that more recent performance is more relevant than less recent performance and will be given greater weight in the evaluation process. References must reflect contracts with Federal agencies or commercial/military organizations. Information must include applicable contract number(s), point of contact, telephone and email address. Verification of information will address, but is not limited to the sub factors listed below. ALC reserves the right to contact other companies/agencies for information on the offeror's general contractual performance; i.e., timeliness of delivery, quality of work, compliance with contractual terms and conditions. The government can utilize any source deemed relevant, including Coast Guard personnel, who are experienced with the offeror's performance. • Documented or demonstrated engineering and manufacturing performance, including but not limited to: o Turnaround time; o The number, frequency, and severity of Quality Deficiencies; o Resolution of notification of Quality Deficiencies. • Percentage of on-time deliveries for all contracts. • Complexity and number of aviation parts manufactured during the previous 24-month period. • Variety of aviation parts manufacturing performed. • Number of contracts currently held for the same or similar services. Note: The Government reserves the right to unilaterally determine relevance of any experience or past performance information submitted. 3.3 Factor III - Price or Cost After technical factors have been evaluated, price will then be considered. As stated previously, price is substantially less important than the technical factors; however, as proposals become more equal, price will become the deciding factor for award. Price realism and price analysis will be performed to determine fairness and reasonableness. Unrealistic prices will be considered a performance risk and may be grounds for eliminating a proposal from competition. 4. Summary This request is to identify small business sources that can manufacture aviation parts. The USCG has not made a commitment to procure any of the items and release of this SOW should not be construed as such a commitment or as authorization to incur cost for which reimbursement would be required or sought. All submissions (drawings and associated data) become Government property and will not be returned. Once the contract has been awarded by the Contracting Officer, the following paragraphs apply to the manufacture process. 1. All manufactured tee caps shall be in accordance with the Federal Aviation Regulation Parts 43 and 145 or alternate standard approved in writing by USCG Medium Response Recovery Contracting Officer. Components furnished hereunder shall be returned by the contractor in an airworthy condition and in all respects suitable for installation in USCG aircraft. Certification and documentation requirements apply. 2. The contractor shall provide all necessary parts, material, labor, tooling, manuals, test equipment and facilities to evaluate and manufacture the tee caps for the Coast Guard fleet of MH-60 J/T helicopters, as necessary to conform with the requirements of this SOW at the firm-fixed-pricing established in the contract schedule. The contractor shall provide the data and documentation requirements specified as part of this SOW. 3. The Coast Guard requires delivery of the remaining contract line items no later than ninety (90) calendar days after written approval notification of prototype drawings and first articles. 4. At the time of each delivery for supplies under this contract, the contractor shall prepare and furnish to the Coast Guard a properly completed DD Form 250 Material Inspection and Receiving Report or Commercial Bill of Lading. The packaging slip shall include the following information: (1) National Stock Number, (2) Part Number, (3) Nomenclature, (4) Serial Number, (5) Contract Number, (6) Task/Delivery Order Number, (7) Line Item Number, and (8) Quantity. One copy of the packaging slip shall be submitted with the shipment and shall be attached to the outside of the shipping carton. 5. Final inspection and acceptance shall be performed at destination by ALC's Quality Assurance representative in accordance with ALCINST 4855.4 Policy and Quality Assurance Procedures for the Receipt Inspection of New, Repaired and Overhauled Items from Vendors, dated August 15, 2008. 6. ALC considers components ready for issue upon acceptance. Components determined to be not ready for issue upon installation may be returned to the contractor with deficiencies described in a Quality Deficiency Report for correction, replacement, or compensation. 7. The Coast Guard desires early deliveries therefore early shipments are encouraged as long as no additional costs are incurred by the Coast Guard. All requests for time extensions shall be in writing and shall include substantiation of the need for such time extension(s) in accordance with FAR 52.212-4(f) Excusable delays. If nonperformance is not covered by an excusable delay the contractor and the Contracting Officer shall negotiate the consideration for the approval of the extended delivery date at which time a modification to the task order will be issued to reflect the consideration and the extension. 8. Shipments against this contract shall be processed as F.O.B. destination. 9. The Offeror's standard commercial warranty shall apply to this SOW and resulting order and the terms of that standard warranty shall be provided with the offer. The warranty shall clearly state (1) the exact nature of the item and its components and characteristics that the offerors warrants, (2) the extent of the contractor's warranty including all the contractor's obligations to the government for breach of warranty, (3) specific remedies available to the government, and (4) scope and duration of the warranty. Offered warranties that exceed the standard commercial warranty will be considered. PACKAGING INSTRUCTIONS 1. USCG ALC 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. 2. Packaging, handling, shipping, and transportation procedures shall be in accordance with ASTM D3951-98. If commercial practices cannot adequately protect and preserve the equipment, the contract shall package, handle, ship and transport equipment in accordance with MIL-STD-2073-1. The latest change revision for each manual listed shall be used in the performance of this contract. The following packaging instructions shall also apply: a. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. b. Each tee cap shall be individually packed. c. Each individual container shall be labeled on the outside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number. d. Packing List and Certification/Documentation shall be placed on the outside of individual containers. e. 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. 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. Shipments 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 that is distributed to the payment office. It may also be attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Management Agency. In addition, a copy of the 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:_______________________________________________________________________ FAR 52.212-1 Instructions to Offerors - Commercial Items (May 2012) is tailored as follows: The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference: FAR 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. Also, the full text of a solicitation provision may be accessed electronically at these addresses: www.deskbook.Osd.mil or www.arnet.gov/far. 52.204-7 Central Contractor Registration (Feb 2012) 52.215-20 Alt IV Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 2010) (a) Submission of cost or pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition if requested. FAR 52.247-34 F.O.B. Destination (Nov 1991) FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) will not be used. The following will be used to evaluate quotes. The Coast Guard will evaluate quotations and make an offer resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation and is determined to be most advantageous to the Government based on the ability to meet basic requirements, delivery, price and consideration of past performance. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Apr 2012) 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. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) is tailored as follows: Addendum to 52.212-4 Contract Terms and Conditions-Commercial Items. 52.252-2 Clauses Incorporated by Reference (FEB 1998). This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. FAR 52.211-15 Defense Priority and Allocation Requirement (Apr 2008); DO-A1 (rating) HSAR 3052.209-70 - Prohibition on Contracts with Corporate Expatriates. (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (May 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 1 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). 1 (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). 1 (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). 1 (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). 1 (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 1 (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 1 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). 1 (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42 ). 1 (ii) Alternate I (Mar 2012) of 52.225-3. 0 (iii) Alternate II (Mar 2012) of 52.225-3. 0 (iv) Alternate III (Mar 2012) of 52.225-3. 1 (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (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)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 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)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 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. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 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. (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 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.). (K) 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.). (L) 52.222-54, Employment Eligibility Verification (Jan 2009). (M) 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. (N) 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. PACKAGING INSTRUCTIONS 1. USCG ALC 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. 2. Packaging, handling, shipping, and transportation procedures shall be in accordance with ASTM D3951-98. If commercial practices cannot adequately protect and preserve the equipment, the contract shall package, handle, ship and transport equipment in accordance with MIL-STD-2073-1. The latest change revision for each manual listed shall be used in the performance of this contract. The following packaging instructions shall also apply: a. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. b. Each tee cap shall be individually packed. c. Each individual container shall be labeled on the outside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number. d. Packing List and Certification/Documentation shall be placed on the outside of individual containers. e. 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. The closing date for receipt of quotes is August 20, 2012 at 5:00 pm EDT. Anticipated award date is no later than September 14, 2012. Quotes are to remain effective for 60 days after close of solicitation. Offers may be submitted on company letterhead stationery and must include the following information: Solicitation Number, Nomenclature, Part Number, FOB point, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment, the business size standard and any minority classification; delivery date, and Representation and Certifications contained in FAR Clause 52.212-3, including Alternate 1. In addition, interested vendors are required to submit firm-fixed price quotes along with product literature describing their product which addresses all of the technical requirements outlined in Items 1 and 2. Facsimile quotes are acceptable and may be forwarded via fax number 252-335-6790. Point of contact is Geneva James, phone 252-334-5094, and email: Geneva.K.James@uscg.mil.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG3812QS00121/listing.html)
 

Record

SN02831990-W 20120810/120809001145-c54cd7036270a6e66a5f1ac40af0410b (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |