PRESOL | 16 | Repair of Aircraft Components

FBO DAILY ISSUE OF FEBRUARY 03, 2010 FBO #2993
SOLICITATION NOTICE

16 -- Repair of Aircraft Components

Notice Date: 2/1/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 488190 — Other Support Activities for Air Transportation
Contracting Office: Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
ZIP Code: 27909-5001
Solicitation Number: HSCG38-10-Q-010025
Archive Date: 2/25/2010
Point of Contact: Terence L. Blucker, Phone: 252-334-5203
E-Mail Address: terence.l.blucker@uscg.mil
(terence.l.blucker@uscg.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The purpose of this solicitation is to determine the best value to the government with regard to repair or overhaul of aircraft component(s). This announcement constitutes the only solicitation and no other solicitation document will be issued. Request for Quotation (RFQ) number HSCG38-10-Q-100025 is assigned for tracking purposes only. The incorporated provisions and clauses are those in effect through the current Federal Acquisition Regulations. Using Simplified Acquisition Procedures, the USCG Aviation Logistics Center (ALC) intends to award a commercial Firm Fixed Price (FFP) repair purchase order to the Original Equipment Manufacturer or their legally authorized FAA approved repair affiliate, or a Not-To-Exceed (NTE) non-commercial repair purchase order with Test, Tear-down, and Evaluation (TT&E) combined with an estimated average repair price, with inevitable goal of establishing a post TT&E Firm-Fixed-Price for the subject repair (s). Responsible Vendors may offer a FFP or NTE quote or both for consideration. Those submitting a NTE Quote do so with a commitment to offer a post TT&E Actual Repair Cost quote for consideration. This solicitation is for the repair of HC144 Aircraft Component/Part(s): 1. NSN: 4140-01-498-2289, AIR CYCLE MACHINE, P/N 782630-5, QTY 3 EA. Repairs must be completed IAW Original Equipment Manufacturers (OEM) Specification(s). Use of Used Items/Parts are not acceptable in the repair process. Use of new PMA (Aftermarket) parts must be pre-approved by ALC Engineering. The North American Industry Classification System (NAICS) code is 488190 and the small business size standard is 1000 employees. This is an unrestricted procurement. All items are to be delivered to USCG Aviation Logistics Center, Bldg.63, Elizabeth City NC 27909. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this material. Request for drawings or applicable proprietary service bulletins will be disregarded. FOB Destination quotes are desired. FOB Origin quotes must include estimated shipping charges to be considered responsive. Inspection and acceptance of material shall be performed by the USCG Aviation Logistics Center Receiving personnel. Desired delivery of repaired material is 30 days after receipt of material. Packaging and marking: shall be in accordance with ASTM D3951-98 re-approved 2004, Commercial Packaging, Shipping and Storage Procedures. Note each part must be individually packed in a separate box suitable for shipment via air, land or sea to enable shipment to destination and transshipment to a Coast Guard unit without repacking or incurring damage during shipping and handling. Each individual container shall have a copy of the packing slip attached indicating the National Stock Number, Part number, Purchase Order Number, and quantity. Packaging Material shall not consist of popcorn, shredded paper, Styrofoam of any type of peanut packaging. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage period of one year. All responsible sources may submit a quote which shall be considered by the agency. Anticipated award date is March 10, 2008. This date is approximate and not exact. Responsible Sources MUST have a valid Cage Code and DUNS number or the ability to quickly obtain one prior to award, and also be registered in CCR (Central Contractor Registration) www.ccr.gov and ORCA (Online Representations and Certifications Application) www.orca.bpn.gov. THE FOLLOWING APPLIES TO COMMERCIAL FIRM-FIXED-PRICE QUOTES. If quoting a Commercial Firm-Fixed-Price repair, the following FAR provisions and clauses apply to this request for quotation and are incorporated by reference: 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. The full text of the clause may be accessed electronically at Internet address at https:/www.acquisition.gov/far. 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, Delivery, Price, Past Performance Delivery and technical capability, when combined, are more important than price. (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. As prescribed in 12.301(b)(2), insert the following provision: OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (AUG 2009) 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 (m) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. 52.212-3 FEDERAL ACQUISITION REGULATION 52.2-30 "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it ❏ is, ❏ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ❏ is, ❏ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a SUBPART 52.2-TEXT OF PROVISIONS AND CLAUSES 52.212-3 52.2-31 veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it ❏ is, ❏ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it ❏ is, ❏ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ❏ is, ❏ is not a women-owned small business concern. NOTE: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it ❏ is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it ❏ is, ❏ is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It ❏ is, ❏ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRONet), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It ❏ has, ❏ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) ❏ Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUB Zone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It ❏ is, ❏ is not a HUB Zone small business concern listed, on the date of this representation, on the List of Qualified HUB Zone Small Business Concerns maintained by Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51-100 __ $1,000,001-$2 million __ 101-250 __ $2,000,001-$3.5 million __ 251-500 __ $3,500,001-$5 million __ 501-750 __ $5,000,001-$10 million __ 751-1,000 __ $10,000,001-$17 million __ Over 1,000 __ Over $17 million the Small Business Administration, and no material change in ownership and control, principal office, or HUB Zone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It ❏ is, ❏ is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUB Zone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUB Zone small business concern or concerns that are participating in the joint venture: __________.] Each HUB Zone small business concern participating in the joint venture shall submit a separate signed copy of the HUB Zone representation. (d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that- (i) It ❏ has, ❏ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It ❏ has, ❏ has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It ❏ has developed and has on file, ❏ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It ❏ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements- Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: [List as necessary] Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1)  Are,  are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2)  Have,  have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3)  Are,  are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4)  Have,  have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2)  Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror  does  does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror  does  does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN).  TIN: ________________________________.  TIN has been applied for.  TIN is not required because:  Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;  Offeror is an agency or instrumentality of a foreign government;  Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization.  Sole proprietorship;  Partnership;  Corporate entity (not tax-exempt);  Corporate entity (tax-exempt);  Government entity (Federal, State, or local);  Foreign government;  International organization per 26 CFR 1.6049-4;  Other ________________________________. (5) Common parent.  Offeror is not owned or controlled by a common parent;  Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of provision) ALT I (APR 2002) An offeror shall complete only paragraph (j) 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 (b) through (i) of this provision. 52.212-4 Contract Terms and Conditions Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (FEB 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (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 (Section 1553 of Pub. L. 111-5). __ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). __ (5) 52.219-3, Notice of Total HUB Zone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (6) 52.219-4, Notice of Price Evaluation Preference for HUB Zone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (7) [Reserved] __ (8)(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. __ (9)(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. __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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. __ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). _x (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a)(2)). _x (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). _x (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). __ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (NOV 2006) (38 U.S.C. 4212). __ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). __ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). __ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (28)(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.) __ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (30)(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. __ (31) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). _x (32)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (33) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (37) 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)). __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (40) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (43)(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) (Nov 2006) (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 (Feb 2002) (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 (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (NOV 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (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) 52.222-3 Convict Labor (June 2003) (E.O. 11755). 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126). 52.222-21 Prohibition of Segregated Facilities (Feb 1999). 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act. (Jun 2009) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). NOTICE FOR FILING AGENCY PROTESTS. It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forums interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the Coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude refilling of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103 (e). Formal protest filed under the OPAP program should be forwarded to the address below: Dept of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half St., SW Room 11-0602 Washington, DC 20593-0001 Fax (202) 475-3904 MEDIUM RANGE SURVEILLANCE (MRS) USCG/CASA AVIATION LOGISTICS CENTER (ALC) ELIZABETH CITY, NC 27909 THE FOLLOWING APPLIES TO NON-COMMERCIAL NOT-TO-EXCEED REPAIR QUOTES FOR THE PURPOSE OF PROVIDING A POST TT&E ACTUAL REPAIR COST QUOTE. If quoting a Non-Commercial average estimated repair cost plus a post TT&E actual repair cost quote, the following addenda will be incorporated into the purchase order to include the applicable FAR provisions and clauses, special instructions, notices, and addenda language applies to this request for quotation and are incorporated by reference as follows: A. THIS PURCHASE ORDER IS AN OFFER UNDER THE TERMS AND CONDITIONS SPECIFIED. BY FURNISHING THE SERVICES ORDERED THE CONTRACTOR IS ACCEPTING THE OFFER AS SUBMITTED AND CREATING A BINDING CONTRACT FOR THE EVAULATION AND REPAIR OF THIS MATERIAL. THE ACTUAL COST OF THE REPAIR OF THIS MATERIAL IS "NOT TO EXCEED" THE FUNDED AMOUNT WITHOUT THE WRITTEN PERMISSION OF THE CONTRACTING OFFICER. IN CONJUNCTION WITH FAR CLAUSE 52.213-3 NOTICE TO SUPPLIER, CONTAINED IN THIS ORDER, IT IS INTENDED THAT NO INDIVIDUAL LINE ITEM ESTIMATED UNIT PRICE BE EXCEEDED WITHOUT WRITTEN AUTHORIZATION VIA MODIFICATION TO THIS ORDER. IF AFTER TEST AND EVALUATION, IT IS DETERMINED THAT REPAIR AND/OR OVERHAUL COSTS WILL EXCEED THE NOT-TO-EXCEED AMOUNTS SHOWN, THE CONTRACTOR SHALL STOP PERFORMANCE AND SUBMIT A WRITTEN QUOTATION REQUESTING ADDITIONAL FUNDING PRIOR TO INITIATING THE ACTUAL REPAIR OR OVERHAUL PROCESS. THIS QUOTATION SHALL INCLUDE PRICES FOR PARTS, LABOR HOURS AND RATES, AND OTHER CHARGES IN SUFFICIENT DETAIL TO DETERMINE PRICE REASONABLENESS. QUOTES ARE TO BE SIGNED AND DATED BY A CONTRACTOR-AUTHORIZED REPRESENTATIVE AND MAY BE FAXED TO THE CONTRACTING OFFICER. AT 252-334-5427. AFTER RECEIPT OF THE QUOTE, A DETERMINATION WILL BE MADE BY THE GOVERNMENT AND DISPOSITION INSTRUCTIONS WILL BE PROVIDED TO THE CONTRACTOR BY WRITTEN MODIFICATION. IF ANY DISCREPANCIES EXIST IN THIS OFFER AND/OR THE CONTRACTOR CANNOT COMPLY WITH THE ORDER REQUIREMENTS, THE CONTRACTOR SHALL PROVIDE IMMEDIATE WRITTEN NOTIFICATION TO THE CONTRACTING OFFICER. NOTE: IF THE CONTRACTOR BELIEVES THIS ORDER IS EXEMPT FROM THE SERVICE CONTRACT ACT IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 22.1003-4(d), THEN HE MUST SUBMIT AN EXECUTED COPY OF FAR PROVISION 52.222-52, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES-CERTIFICATION FOR REVIEW BY THE CONTRACTING OFFICER. THIS ORDER CONTAINS THE HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSE 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES WHICH IS MARKED SPECIFYING THAT THE VENDOR IS NOT A FOREIGN INCORPORATED ENTITY THAT SHOULD BE TREATED AS AN INVERTED DOMESTICATE CORPORATION. ACCEPTANCE OF THIS ORDER INCLUDES ACCEPTANCE OF THIS CLAUSE AS MARKED. B. STATEMENT OF WORK: COMPONENTS PER SCHEDULE OF SERVICES FOR INSPECTION, REPAIR AND/OR OVERHAUL 1.0 SCOPE: This Statement of Work (SOW) defines the minimum labor, material, requirements, and levels for the inspection, repair and/or overhaul of components per attached schedule. The contracted work scope under this SOW shall be accomplished in accordance with OEM repair specifications or an alternate standard approved by the Product Line Engineering Branch, USCG Aviation Logistics Center. The work shall be performed by a repair center which is a Federal Aviation Administration (FAA) Authorized Repair Center, OEM Authorized Repair Center or one that is deemed to be acceptable to the Coast Guard and has experience in repairing the subject component or similar items. The repair station shall provide documentation to verify that they have OEM and FAA approval or USCG approval to service the component. The contractor shall be ISO 9000 compliant or have a quality system acceptable to the United States Coast Guard. 2.0 BACKGROUND: The primary objective of this SOW is to have components on schedule inspected, tested, repaired or overhauled and provide the Coast Guard with the most reliable component, and achieving increased Mean Time between Failure (MTBF). 3.0 REQUIREMENTS: 3.1 The contractor shall repair/overhaul components In Accordance With (IAW) latest applicable Component Maintenance Manual (CMM) revision #, CG Time Compliance Technical Orders (TCTOs), and Original Manufacturer's Service Bulletins (SB) for components on schedule. 3.1.1 All SBs or CG TCTOs that were previously incorporated shall remain incorporated. The contractor shall notify the CG's Contracting Officer of all new SB's or amendments that upgrade or improve the component's reliability and shall incorporate the same after approval by the CG's Contracting Officer. Note: CMMs or SBs listed in the purchase order may not be to the latest revision. The contractor shall identify their latest revision and a brief synopsis describing the revision to the CG's Contracting Officer. This applies to both repair and overhaul. 3.2 The component shall be identified and marked IAW the applicable CMM or SB. 3.3 Levels of Repair 3.3.1 Inspect/Repair as necessary consists of inspection, failure analysis, defective part replacement and testing, necessary to meet the manufacture's functional requirements IAW the applicable CMMs and/or SBs. 3.3.2 Overhaul consists of complete teardown, inspection, cleaning, replacing all consumables, OEM recommended 100% replacement components and all components showing excessive degradation. Overhaul zeros out the components Time Since Overhaul (TSO). 3.4 All components found unserviceable IAW CMM teardown, inspections, and troubleshooting procedures, shall be replaced with New OEM parts. 3.5 Upon completion of any work, contractor shall completely test the component IAW the test procedures. 3.6 Replacement part certification documentation must be maintained by the repair station for inspection for a minimum of 24 months after delivery. 4.0 APPLICABLE DOCUMENTS 4.1 Component Maintenance Manuals: As specified in purchase order. 4.2 CGTOs and TCTOs: As specified in purchase order 4.3 OEM Service Bulletins 4.3.1 If applicable and not provided in CMM the vendor shall submit a list of SB's and a brief synopsis describing the SB to CG Contracting Officer for review and approval. 4.4 Data Availability 4.4.1 OEM drawings, Service Bulletins, Component Manuals are proprietary and cannot be provided by the Coast Guard. The contractor shall obtain the required vendor OEM component maintenance manuals, drawings, and specifications. The Coast Guard does not own nor can it provide this data. 4.4.2 Coast Guard specific CGTOs can be acquired through the Freedom of Information Act (FOIA). Submit a written request to: Commanding Officer Attn: ALC FOIA Officer United States Coast Guard Aviation Logistics Center Elizabeth City, NC 27909 5.0 DELIVERABLES 5.1 The Contractor shall provide a Federal Aviation Administration (FAA) airworthiness 8130-3 Certificate (or an alternate approved by ALC Engineering) or a Certificate of Conformance with each component tested repaired and or overhauled. FAA Form 8130 is preferred. A Certificate of Conformance must be in accordance with FAR 52.246-15. Appropriate certificate must be signed and dated by an authorized official representing the approved repair station. All amendments and SB shall be identified. 5.2 The Contractor shall provide the Coast Guard Contracting Officer with a statement describing the work accomplished, parts replaced and a cost breakdown for labor/materials. (ex. Teardown/Inspection Report and Invoice) 5.3 The contractor shall return the original Significant Component History Record (SCHR) with each tracked component. One copy of the Component Repair Record (CRR) and invoice and a copy of the SCHR shall be mailed to: Commanding Officer USCG Aviation Logistics Center Elizabeth City, NC 27909 Attn: AVENG/ACMS 5.4 A copy of the applicable certification along with a copy of all such serviceable verification documents including the repair station work order listing all replacement parts in part number order shall be attached to each component itself as well as a copy in a packing list / envelope attached to the outside of the container. 6.0 PACKAGING/PRESERVATION 6.1 Packaging/preservation: Unless otherwise specified packaging/preservation shall be IAW CMM. Components shall be packaged sufficiently, which will afford maximum protection from damage in transit and corrosion. Any deviation from CMM requires prior approval ALC's Contracting Officer at 335-6143. C. BEYOND ECONOMICAL REPAIR (BER). In the event the contractor considers a component listed in the contract and/or its submodules to be Beyond Economical Repair, he shall contact the Contracting Officer, in writing, for disposition instructions. The letter shall identify the Line Item Number, Part Number, Serial Number (if one is assigned), and a breakdown of the price for parts and labor necessary to repair the component. The contractor shall not proceed with repair until authorization (or disposition instructions) is received from the Contracting Officer. D. SERVICE BULLETINS. All OEM Service Bulletins previously incorporated shall remain incorporated. Service Bulletins that upgrade the component or improve reliability shall be incorporated upon approval of a U.S. Coast Guard Contracting Officer. E. ACTUAL REPAIR AUTHORIZATION. Once in receipt of the material, the vendor is directed to test and evaluate the component(s) and provide the USCG Contracting Officer, for approval consideration via modification, with a detailed parts and labor breakdown for each line item of this purchase order for the actual cost of the repair prior to performing the actual repair. Repair of the material prior to final repair quote approval via modification to the purchase order by the USCG Contracting Officer may result in ratification of an unauthorized action on the part of the vendor. F. CONTRACT TERMS AND CONDITIONS Invoicing Instructions The Data Universal Number (DUNS) is the primary means of identification in the Central Contractor Registration (CCR). Contractors are located and identified in the CCR by their DUNS Number. Contractor's DUNS Number is needed for payment via Electronic Funds Transfer, and can be requested/obtained via www.dnb.com. To facilitate invoice payment ensure that the DUNS Number is annotated on all invoices. The original invoice shall be submitted to the designated billing office for payment as follows: Chief, Fiscal Branch Accounts Payable, Building 63 USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 Contract Administration All correspondence, except as otherwise specified, shall be directed to the following address: Contracting Officer MRS Contracting Office USCG Aviation Logistics Center 1060 Consolidated Road, DRS-HMF Bldg.2 Elizabeth City, NC 27909 Reimbursable Transportation for FOB Origin, Freight Prepaid Orders For material that is to be delivered f.o.b. supplier's plant, shipment to destination(s) shall be prepaid and subject to reimbursement. The transportation cost shall be shown as a separate item on the invoice. If shipping charges exceed $100.00, they must be supported by a freight bill, a copy of which must accompany the invoice. Parcel Post shipment requires a notation on the invoice giving the mail rate and parcel zone. Wage Determination (Check Applicable): __ SCA Not Applicable: Micro-Purchase under $2500.00, or OEM (Original Equipment Manufacturer) and/or OEM's Proprietary Repair Facility claim on file for exemption from Service Contract Act: In accordance with FAR Part 22.1003-4(d)(1)(iv) and (2)(ii) through (v). Contractor has provided certification and written documentation. FAR 52.222-42 will not apply. __ SCA Applies: DOL WAGE DETERMINATION for contractor's area is applicable to this solicitation/order and the appropriate wage determination related to the contract location of contract awardee is available at http://www.wdol.gov/sca.aspx#0. These wage determinations are also available upon request to this agency by contacting Terry Blucker at Ph 1-252-334-5203 or E-mail: Terence.L.Blucker@uscg.mil. G. CONTRACT CLAUSES. I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://arnet.gov/far (End of clause) 52.211-15 Defense Priority and Allocation Requirements (Apr 2008) Rating: DO-A1 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items) (Aug 2009) para (c) http://arnet.gov/far 52.246-1 Contractor Inspection Requirements (Apr 1984) The contractor shall comply with the following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition regulation (HSAR) clauses unless the circumstances do not apply. 52.204-7 Central Contractor Registration (Apr 2008) 52.204-8 Annual Representations and Certifications (Feb 2009) 52.213-3 Notice to Supplier (Apr 1984) (applicable to orders issued on a not-to-exceed basis) 52.219-6 Notice of Total Small Business Set-Aside (June 2003) (not applicable to solicitations and orders issued on an unrestricted basis) 52.219-28 Post Award Small Business Program Representation (Apr 2009) (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it __ is, __ is not a small business concern under NAICS Code ____________assigned to contract number ____________________. [Contractor to sign and date and insert authorized signer's name and title]. 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Certification (Nov 2007) (applicable to solicitations when the contract may be exempt from the Service Contract Act in accordance with FAR 22.1003-4(d) 52.222-53 Exemption from Application of the Service Contract Act for Certain Services - Requirements (Feb 2009) (applicable to solicitations that include the provision at 52.222-52 and resulting contracts when the contracting officer has determined that the Service Contract Act does not apply.) 52.246-15 Certificate of Conformance (Apr 1984) (applicable to orders when an FAA 8130 Certificate or other certification approved ALC Engineering is not provided) NOTE: The Certificate of Conformance must comply exactly with the language in FAR 52.246-15. Discrepancies in wording or failure to submit the certificate will result in delays of acceptance of material and payment of invoices. 52.247-29 F.O.B. Origin (Feb 2006) (applicable to F.o.b. origin orders) 52.247-34 F.O.B. Destination (Nov 1991) (applicable to F.o.b. destination orders) 52.247-48 F.O.B. Destination-Evidence of Shipment (Feb 1999) (applicable to orders that are f.o.b. destination but inspection and acceptance will be at origin) (End of clause) The following clause is applicable If this order is subject to the SCA: 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees that might be expected to be employed under the contract and states the wages and fringe benefits payable to each if any were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. NOTE: Not applicable if the Service Contract Act is not applied. THIS STATEMENT IS FOR INFORMATION ONLY; IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage Aircraft Mechanic I....................................WG-10................$21.45 Aircraft Mechanic II..................................WG-11...............$22.49 Aircraft Mechanic III.................................WG-12................$23.57 Aircraft Mechanic Helper............................WG-5..................$16.51 Aircraft Worker.........................................WG-8..................$19.43 Electronics Technician, Maintenance I..........WG-8.................$19.43 Electronics Technician, Maintenance I..........WG-9.................$20.44 Electronics Technician, Maintenance III.........WG-10...............$21.45 Sheet-Metal Worker, Maintenance.................WG-10...............$21.45 Welder, Combination, Maintenance...............WG-10...............$21.45 BENEFITS: Annual Leave: 2 hours per week for service less than 3 years; 3 hours per week for services of 3 years but less than 15 years; and 4 hours per week for 15 years or more. Paid Holidays: Ten per year. Government's contribution to sick leave and to life, accident and health insurance: 5.1 percent of basic hourly rate. Government's contribution to retirement pay: 7 percent of basic hourly rate. (End of clause) II. HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSES (can be accessed electronically at (www.dhs.gov/dhspuplic) (Check if applicable) NOTE: Not applicable if the Service Contract Act is not applied. __ 3052.222-90 Local Hire (Jun 2006) (End of clause) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation. As prescribed in 9.108-5, insert the following provision: PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (JUL 2009) (a) Definition. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). (b) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (End of provision) CERTIFICATION AND DOCUMENTATION REQUIREMENTS THE CONTRACTOR SHALL NOTIFY THE CONTRACTING OFFICER IMMEDIATELY UPON RECEIPT OF THIS ORDER IF THE CONTRACTOR CANNOT COMPLY WITH THE REQUIREMENTS OF THIS ORDER. Services shall be performed only by a Federal Aviation Administration (FAA) or Original Equipment Manufacturer (OEM) approved or U.S. Coast Guard (USCG) approved repair station in accordance with the OEM repair specifications or alternate standard approved by the Engineering Division, USCG, Aircraft Repair and Supply Center. The Contractor shall: • Comply with the certification/documentation requirements specified herein. • Attach certifications/documentation to the outside of the shipping container. Failure to comply with these requirements may result in refusal to accept and/or pay for services. a. FAA 8130 Certificate is preferred. b. The repair station shall provide documentation to verify that they have OEM and FAA approval or USCG approval to service the component. c. An airworthiness certificate or alternate approved by USCG ALC Engineering shall be provided for each component. The certificate must be signed and dated by an authorized official representing the approved repair station. OR d. A certificate of conformance in accordance with Federal Acquisition Regulation 52.246-15 shall be provided for each component. e. A copy of the repair station work order listing all replacement parts, in part number order shall be provided for each component. f. Replacement part certification documentation must be maintained by the repair station for inspection for a minimum of 24 months after delivery. CERTIFICATE OF CONFORMANCE: If repaired by the OEM, the OEM's Certificate of Conformance (COC) is acceptable. If not repaired by OEM, the following format shall be used IAW FAR 52.246-15 Certificate of Conformance (Apr 1984). With exception of actual USCG recognized OEM IAW FAR 46.504, the Certificate of Conformance must comply with the language in FAR 52.246-15. Discrepancies in wording or failure to submit COC will result in delays of acceptance of material and payment of invoices. PACKING INSTRUCTIONS GENERAL (Applicable to all Orders/Line Items) 1. The contractor shall comply with ASTM D 3951-98 (Re-Approved 2004) with the exceptions as stated herein. 2. The Coast Guard Aviation Logistics Center is a supply depot; therefore material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea. 3. Packaging material shall NOT consist of the following material; popcorn, shredded paper, Styrofoam of any type or peanut packaging. 4. If traceability to OEM (Original Equipment Manufacturer) is required, documentation of such proof to traceability must be included with the item in its shipment container. STANDARD PACKING INSTRUCTIONS: 1. Each part/component (each individual item, not line item) shall be individually packed in a separate envelope, box, carton or crate. 2. Each individual container shall be labeled on the outside and each individual part/component shall be labeled on the inside with *National Stock Number, *Part Number, *Serial Number, Quantity, Nomenclature (name of item), Line Item Number, and Purchase Order Number. The Material Inspection and Receiving Report (i.e. Commercial Packing Slip, DD250, etc.) and Certificates of Conformance shall be placed on the outside on individual containers. 3. The internal packaging 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. Closing date and time for receipt of offers is FEB 10, 2010 4:30 PM, EST. All responsible sources may submit an offer, which shall be considered by the Agency. Award will be based on overall best value to the government. Anticipated award date is on or about FEB 11, 2010. Contact Mr. Terence L. Blucker, Purchasing Agent/Contracting Officer via email at Terence.L.Blucker@uscg.mil with any questions regarding this solicitation. Quotes will be accepted via e-mail at the above address, facsimile at 252-334-5427, or at the following address: USCG AVIATION LOGISTICS CENTER (ALC) MEDIUM RANGE SURVEILLANCE (MRS) ELIZABETH CITY, NC 27909
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16 -- Repair of Aircraft Components