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FBO DAILY ISSUE OF SEPTEMBER 24, 2010 FBO #3226
SOLICITATION NOTICE

16 -- Repair Electrical Aviation Components and Instruments - Quote Sheet

Notice Date
9/22/2010
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 
ZIP Code
27909-5001
 
Solicitation Number
HSCG38-10-Q-200170
 
Point of Contact
Ryan M. Suchy, Phone: 2523345472
 
E-Mail Address
Ryan.M.Suchy@uscg.mil
(Ryan.M.Suchy@uscg.mil)
 
Small Business Set-Aside
N/A
 
Description
HSCG38-10-Q-200170 Quote Sheet This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-10-Q-2000170 is issued as a Request for Quotes (RFQ). This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-44. The applicable North American Industry Classification Standard CODE is 336413. The small business size standard is 1000 employees. This is an unrestricted solicitation. The estimated quantity/parts list is attached in an Excel file titled "HSCG38-10-Q-200170 Quote Sheet" to be used to submit your quote for each year of the Base and Option periods. This request is for contractors to quote on the repair of various SRR Electrical Aviation Components and Instruments to support 103 aircraft. Award will be made to the offeror proposing the best value to the Government considering technical capability, delivery, past performance and price. Per FAR 52.216-1 Type of Contract (APR 1984) the Government contemplates award of a REQUIREMENTS type contract resulting from this solicitation. The contract will include a one-year base period and four one-year option periods. The total duration of this contract shall not exceed five years. Final inspection and acceptance of material under this contract shall be performed at destination by local Quality Assurance personnel and will consist of count, condition and verification that all required documentation has been provided. The contractor shall furnish a Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. All replacement parts shall be NEW approved parts. The FOB point for shipments under this contract is FOB Destination. Quoted prices in the schedule shall include all applicable shipping charges. 1.0 SCOPE. This requirement is for the repair of the components listed in the Schedule. The components are utilized on the U.S. Coast Guard (USCG) SRR Dauphin, aircraft fleet. Work under this contract shall be performed at the contractor's facility or USCG-approved subcontractor facility. 2.0 MAJOR TASKS. The contractor shall provide all necessary parts, materials, labor, tooling, test equipment and facilities to evaluate repair and test components at the firm-fixed prices listed in the Schedule. 2.1 Repair. Non-Ready for Issue (RFI) components shall be repaired and returned to RFI condition in accordance with the original equipment manufacturer (OEM) minimum functional performance specifications. See paragraph 4.2.1 of the Statement of Work (SOW). 2.2 Technical Support Services. The contractor shall provide technical support services to resolve technical, maintenance, reliability, and other product support issues as specified in paragraph 4.2.2 of the SOW. 2.3 Product Improvement/Engineering Change Proposals. Product Improvement/Engineering Change Proposals may be incorporated as specified in paragraph 4.2.3 of the SOW. 3.0 APPLICABLE DOCUMENTS. 3.1 Government Documents. 3.2 Industry Documents. 3.2.1 Original Equipment Manufacturer (OEM) Component Maintenance Manuals (CMM) and other applicable technical specifications applicable to the repair of the components set forth in the Schedule. 3.3 Order of Precedence. In the event of conflicts between OEM specifications and procedures and USCG specifications and procedures, the order of precedence is as follows: 3.3.1 USCG specifications and procedures. 3.3.2 OEM specifications and procedures. 4.0 REQUIREMENTS 4.1 General. 4.1.1 The contractor shall provide all parts, material, labor, tooling, test equipment and facilities needed to evaluate and repair components at the firm-fixed prices specified. The USCG reserves the right to waive any specifications. 4.1.2 The contractor shall maintain Federal Aviation Administration (FAA) certification for repair of components identified in the Schedule for the entire duration of this contract. The contractor shall provide immediate notification to the Contracting Officer upon loss of required FAA certification. 4.1.3 The contractor must have access to parts and applicable specifications needed to repair components in accordance with the OEM's current specifications and procedures. 4.1.4 The Government reserves the right to review and modify all inspection, repair and test procedures to make them more suitable to the USCG environment. The contractor shall provide written notification to the Contracting Officer no later than fifteen (15) working days following changes to applicable OEM specifications and procedures. In the event the USCG wishes to incorporate any such change into the contract, a written contract modification will be issued. 4.2 MAJOR TASKS. 4.2.1 Repair. 4.2.1.1 Components shall be repaired for the specific fault for which they were returned. A DD Form 1577-2, Unserviceable (Reparable) Tag-Material, or CG-1577-A (11-90), Unsatisfactory Report Tag, will be attached to each non-RFI item describing faults. The contractor shall perform an inspection and correct deficiencies found. This shall include, but is not limited to, replacement of missing or broken parts and the removal of any foreign matter or corrosion. 4.2.1.2 During inspection and functional test, the presence of corrosion in a component shall constitute reason for a more thorough disassembly and inspection. Should corrosion be found, disassembly shall be made to the extent necessary to remove corrosion or replace the part, or parts, affected. Corroded parts shall be replaced, except in those cases where removal of corrosion from a part will not impair efficiency or safe operation of the part. Corrosion removal and treatment of affected areas will be accomplished in accordance with manufacturer's specifications. If not addressed in the manufacturer's specifications, the contractor shall utilize best commercial practices. 4.2.1.3 Parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be reused. Parts found to be defective shall be replaced with parts meeting the manufacturer's specifications and drawings. Replacement parts shall be new. 4.2.1.4 The contractor shall submit a failure data report for each repaired component. This report shall include National Stock Number (NSN), part number (P/N), serial number (S/N), nomenclature, date of repair, contract number, delivery order number, line items number, description of the repaired failure, the Coast Guard's reported failure, a listing of parts repaired, and a listing of parts replaced. The contractor's in-house work order may be used to satisfy this requirement if it includes the information requested above. This report shall be attached to the packing slip and shipped with the repaired component. 4.2.1.5 The contractor shall make every effort to develop a repair procedure for component parts when none exists. The contractor shall submit the procedure and proposed price breakdown to the USCG for review and approval prior to implementation. The contractor may be required to coordinate changes with the OEM. 4.2.1.6 If, after visual and functional inspections, an item is found to meet manufacturer's minimum performance specifications, the contractor will be allowed the firm fixed price for test and evaluation. The contractor shall prepare a failure data report in these instances, indicating the USCG's reported failure. This report shall be included with the returned component. A copy shall be attached to the invoice. 4.2.2 TECHNICAL SUPPORT SERVICES. 4.2.2.1 Upon receipt of a request for quote for a specific task, the contractor shall prepare and submit a proposal to the Contracting Officer. This proposal shall include a breakdown of hours, materials and other costs associated with performance of the task. The labor rate in the Schedule for technical support services will apply. Specific deliverables will be identified on individual delivery orders. 4.2.2.2 The contractor shall provide up to 10 man-hours per quarter of technical support labor at no additional cost to the Government. In the event that a requested task cannot be completed within 10 man-hours per quarter, the contractor shall immediately notify the Contracting Officer that the task cannot be completed within the allotted timeframe and provide a preliminary estimate of the time and costs required for completion. 4.2.3 PRODUCT IMPROVEMENTS/ENGINEERING CHANGES. The contractor may develop designs and/or processes that will improve the reliability, maintainability, or operational performance of the components being repaired. These may be provided to the Contracting Officer for consideration and approval. A proposal shall also be provided that reflects an incremental charge to be assessed each time the Product Improvement Proposal or Engineering Change Proposal is incorporated into the component. The proposal shall include a breakdown of labor hours, material, and other costs. The labor rate will be as specified in the Schedule. Upon agreement of the price for incorporation of the change, the Contracting Officer will issue a modification to the contract to authorize and incorporate pricing for the change. The contractor shall not incorporate proposed product improvements or engineering changes prior to receipt of written authorization from the Contracting Officer. 4.2.4 DOCUMENTATION REQUIREMENTS. 4.2.4.1 The Contractor shall provide Failure Data Reports as specified in paragraphs 4.2.1.4 and 4.2.1.6 of the SOW. 4.2.4.2 The Contractor shall provide two copies of all service bulletins to the Contracting Officer within 10 calendar days of receipt. The Contracting Officer will notify the contractor in writing when incorporation of mandatory or optional service bulletins is required. Within 30 calendar days following receipt of notification from the Contracting Officer, the contractor shall submit a detailed proposal for incorporation of service bulletin(s). This proposal shall include a listing of replacement parts and/or materials required, the time needed to effect the modification, an estimated price breakdown of each part and the number of labor hours required. The USCG will normally incorporate all mandatory service bulletins. The labor rate will be as specified in the Schedule. 4.2.4.3 Within 60 calendar days following contract award, the Contractor shall provide an updated copy of all applicable OEM-approved CMMs for components listed in the Schedule. The CMMs shall reflect the latest procedures used in the repair of components. If the contractor determines that current procedures detailed in the CMM should be changed, two copies of recommended changes shall be submitted to the USCG for review and approval. The contractor shall continuously update all applicable CMMs during the life of the contract. 4.2.4.4 The Contractor shall submit CMM revisions to the USCG within 60 calendar days of receipt. 4.2.4.5 The Contractor shall submit summary listings of all replacement parts utilized in the repair of each component. The replacement parts listing shall include the contract number, delivery order number, contractor's work order number, component serial number, nomenclature, replacement parts listed in numerical order and quantity of each used. This listing shall be submitted electronically (CD-ROM) annually to Aviation Logistics Center, ATTN: SRR Product Line, M/F: Contract (To be determined at time of award), Elizabeth City, NC 27909-5001. 4.2.4.6 The contractor shall provide Subcontracting Reports in accordance with Federal Acquisition Regulation (FAR) Clause 52.219-9. 4.3 SEPARATELY PRICED REPLACEMENT PARTS. 4.3.1 The repair prices set forth in this contract shall include all replacement parts. The contractor shall provide written notification to the Contracting Officer within 10 calendar days after receipt of the component when any of the separately priced replacement parts are required. This notification shall include a list (by part number, nomenclature and quantity) of all separately priced replacement parts required. The Contracting Officer will either issue a modification to the delivery order authorizing use of the separately priced replacement part(s) or provide disposition instructions. The delivery schedule will be adjusted accordingly for any delay associated with requesting and obtaining the approval to obtain and utilize the specified separately priced replacement part(s). 4.3.2 The Government reserves the right to provide separately priced replacement parts as Government-furnished property (GFP) on an as-needed basis as determined by the Contracting Officer. 4.4 PRICING EXCLUSIONS - UNUSUAL DAMAGE. 4.4.1 Prices do not include components that have been cannibalized or that are severely damaged due to mishandling, water immersion, or crash damage. Because the SRR helicopter is used primarily around salt water at low altitude for search and rescue missions, corrosion is to be anticipated and is considered "normal" for the aircraft. Corrosion does not constitute unusual damage. 4.4.2 If the Contractor considers a component to be a candidate for exclusion, the Contracting Officer shall be notified within 15 days of receipt of the component. Verbal notification to the Contracting Officer shall be confirmed in writing. This notification shall include: 1) Identification of the reason for a pricing exclusion (such as "cannibalized parts"). 2) A proposal and price breakdown for repair of the component. 4.4.3 The Contractor's delivery obligation for the component shall be suspended as of the date of notice to the Contracting Officer. The Contracting Officer will make a unilateral written determination (subject to the Disputes Clause, FAR 52.233-1), within 30 days of written notice, as to exclusion validity. The Government retains the right to unilaterally set the price for exclusion items in the event an agreement on price cannot be reached. The Contractor's delivery obligation shall resume upon receipt of the Contracting Officer's determination. 4.4.4 The Government will not be liable for any amount expended by the Contractor in excess of the applicable firm fixed price reflected in the schedule unless prior written authorization has been given by the Contracting Officer. 5.0 QUALITY ASSURANCE PROVISIONS. 5.1 Responsibility for Inspections and Tests. The Contractor shall establish an inspection system in accordance with FAA procedures for all components. The USCG reserves the right to review the Contractor operation and/or facilities at any time during the period of the contract. 5.2 Inspections. After each repair is complete, each component shall be inspected/checked in accordance with CMM procedures unless otherwise specified in the contract or in individual delivery orders. 5.3 Testing. No deviations from test requirements are authorized. 5.4 Preliminary Inspection. All parts repaired under the provisions of this contract must be airworthy and suitable for installation on USCG aircraft. Each returned component shall be tagged with a DD Form 1574 Serviceable Condition Code Tag, completed in its entirety. The Contractor shall furnish a Certificate of Airworthiness in accordance with FAA procedures and a Certificate of Conformance in accordance with FAR Clause 52.246-15 for all components. These forms shall be packaged with each component and copies shall be included with the invoice. FAILURE TO SUBMIT THE APPROPRIATE CERTIFICATES SHALL CONSTITUTE AN IMPROPER INVOICE AND WILL RESULT IN NONPAYMENT. 5.5 Final Inspection and Acceptance. Final inspection and acceptance of material under this contract shall be performed at destination by local Quality Assurance personnel and will consist of count, condition and verification that all required documentation has been provided. ALC considers components RFI upon acceptance. Components determined to be non-RFI upon installation may be returned to the Contractor with a Quality Deficiency Report for repair at no additional cost to the USCG. 6.0 SPECIAL INSTRUCTIONS. 6.1 Aircraft on Ground (AOG) Situations. Upon notification from the USCG that an AOG situation exists, the Contractor shall make every effort to expedite the repair and initiate shipment within seven (7) calendar days or less. Material shall be shipped by the fastest traceable means, e.g. Air Freight "next day delivery". The shipping container shall be marked on the outside in highly visible lettering "A.O.G." At the time the Contractor is notified of an AOG requirement, the Contractor shall advise the Contracting Officer if there are additional shipping charges. The Contracting Officer will provide special shipping instructions and authorization for reimbursement in these instances. 1.0 PERIOD OF PERFORMANCE. The period of contract performance includes a one-year base period and, if exercised, four one-year option periods. 2.0 PLACE OF PERFORMANCE. The Government will ship components, freight prepaid, to the contractor's facility within the United States (except Alaska and Hawaii) to the location specified below: To be determined at time of award. 3.0 CONTRACTOR VERIFICATION OF RECEIPT OF COMPONENTS. Within five (5) calendar days following receipt of component(s), the contractor shall provide written notification of the following to the Contracting Officer: (a) date of receipt of component(s); (b) confirmation of serial number(s) received; and (c) applicable delivery order and line item number Notification via facsimile is acceptable. FAX: (252) 334-5240 4.0 F.O.B. POINT. The f.o.b. point for shipments under this contract is f.o.b. destination. Prices in the Schedule include all applicable customs, duties, taxes, and shipping charges. 5.0 DELIVERY SCHEDULE. NOTE: Early deliveries are desired and acceptable. 5.1 GOVERNMENT REQUIRED DELIVERY: Line items 1- 3 and respective option line items - No later than (NLT) 60 calendar days after receipt of delivery order and component. Line items 4-7 and respective option line items - to be determined on individual delivery orders as required utilizing the labor rate shown in the applicable line item. Line Item 8 and respective option line items - NLT 10 calendar days after receipt Line item 9 and respective option line items - Include one copy with component and attach one copy to invoice. Line item 10 and respective option line items - Due annually on 30 October for the 12-month period ending 30 September for each year of contract performance. Line item 11 and respective option line items - Due 30 April for the semi-annual period ending 31 March and due 30 October for the semi-annual period ending 30 September for each calendar period of contract performance. A final report is due at contract completion. Line item 12 and respective option line items - Due annually on 30 October for the 12-month period ending 30 September for each year of contract performance. 5.2 LIQUIDATED DAMAGES. In the event the contractor fails to meet the contractual delivery schedule, the Contracting Officer may unilaterally assess liquidated damages based on the delivery order price for the specific component. Liquidated damages will be assessed against the contractor in the amount of 1.0% of the repair price per calendar day for days 61-90 and 2.0% of the repair price per calendar day for days above 91. For any specific component, the maximum liquidated damages shall be 100% of the total line item price. 5.3 PACKAGING, PRESERVATION AND PACKING. Each item shall be individually preserved, packaged, and packed in accordance with best commercial practices. 5.4 MARKING INSTRUCTIONS. Each individual shipping container shall be legibly stenciled in 1/2-inch (minimum) letters on the outside with the following information: Nomenclature (model or type and item name) Serial number National Stock Number Contract number Delivery Order/Item number Consignee's name and address 5.5 SHIPPING INSTRUCTIONS. Deliverable items shall be shipped to the following address: USCG Aviation Logistics Center Receiving Section, Building 63 Elizabeth City, NC 27909-5001 Mark For: Contract No. _________________________________ (To be determined at time of award) Delivery Order No. ___________________________ (assigned upon issuance) Documents, reports and correspondence shall be submitted to the following address: USCG Aviation Logistics Center Short Range Recovery Product Line Elizabeth City, NC 27909-5001 Mark For: Contract No. _______________________________ (To be determined at time of award.) The following Federal Acquisition Regulations (FAR) and Homeland Security Acquisition Regulation provisions and clauses apply to this request for quotation and are incorporated by reference: 52.212-1 Instructions to Offerors-Commercial Items (JUNE 2008) Offerors are to submit their quotes as follows: Volume I- Technical Quote shall contain (1) copy of the company Quality Control Manual, Past Performance, & Delivery time in days for the repairs for each line item. Volume II- Price Quote shall include the proposed pricing information IAW the attached Price Quote Spreadsheet. The following Federal Acquisition Regulations (FAR) provisions apply: 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (Apr 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have [ ] have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Apr 2010) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall enter the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (End of provision) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Alt IV) (OCT 1997). (a) Submission of cost of pricing data is not required. (b) Provide information described below: Provide pricing using the Excel Spreadsheet attached to the solicitation for the base and all four option periods. The government may request additional pricing information on recent sales for similar items and quantities and current catalog pricing, if available, to be used for a Fair and Reasonable Price comparison. (End of Provision) 52.212-2 Evaluation - Commercial Items (Jan 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price, and other factors considered. The following factors shall be used to evaluate offers: Technical Capability- Quotes shall address in detail the following information as they will be rated against these criteria. The criteria in this section are pass/fail criteria. 1. Quality Control: The contractor shall provide verification that they possess Quality Control procedures and certifications applicable to the services being requested. 2. OEM Procedures: The contractor shall provide verification that they have the capability to repair the assets, have the capability to produce all requested documentation and have the capability to provide technical support. USCG Evaluation of Technical Capability: Evaluation of vendor's technical capability shall include evaluation by the USCG New Product Development Branch. The evaluation will include in-depth analysis of the vendor's capability to complete the work being solicited to include: facilities, personnel, and associated processes (Quality Control, inventory management, etc.). This evaluation may be accomplished via document reviews and/or a vendor site visit. Vendors must pass this evaluation in order to be further considered for contract award. This evaluation will only be performed on vendors selected for possible contract award. Evaluation will be conducted and completed prior to contract award. Evaluation Criteria: Only offerors successfully meeting the technical evaluation factors listed above will be considered for possible award and evaluated in the following areas. The Government will evaluate quotes based on the following criteria in descending order of importance: delivery, past performance (relevant and recent) and price. Delivery is the most important evaluation factor, with Past Performance being the second most important evaluation factor. Delivery and Past Performance, when combined, are more important than price. The closer the offers are to equality, price becomes the most important. Delivery: The offer must include delivery information IAW the attached Statement of Work. Delivery times in days for the repairs for each asset will be evaluated. Past Performance: The offeror shall provide three (3) past performance references that reflect relevant experience performed within the past five (5) years. Relevant experience includes that which is similar in services provided. The following information shall be provided for each reference listed: Name of Contracting Activity, Contract Number, Contract Type, Contract Amount, Short Description of Work Performed, Contracting Officer and Telephone Number, Technical Point-of-Contact and Telephone Number. Offerors may provide information on problems encountered on the identified contracts and the offeror's corrective actions. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be given a neutral past performance rating. The Government may also use other information available from Government sources to evaluate an offeror's past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror. Price: The contractor shall provide pricing based on the unit price of sparing, repair prices, test and evaluation prices, and labor rates for unusual damage, technical support, product improvement/engineering change proposal, service bulletins as requested in the attached quote sheet titled "HSCG38-10-Q-200170 Quote Sheet". The total price evaluation will be for the Base and all four Option periods. Any quantity price discounts and discounts for prompt payment should be included in this section. (b) Options. The Government will evaluate offers for award purposes by adding total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-3 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. Alternate I (Apr 2002) adds paragraph (c) (11) to the basic provision. FAR 52.212-4 Contract Terms and Conditions Commercial Items (June 2010) ADDENDUM FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 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://arnet.gov/far/ 52.203-3 Gratuities (APR 1984) 52.203-12 Limitation of Payments to Influence Certain Federal Transactions (SEPT 2007) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.209-6 Protecting the Government's Interest when Subcontracting (SEPT 2006) With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-8 Updates of Information Regarding Responsibility Matters. (Apr 2010) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by entering the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) With the exception of the Contractor, only Government personnel and authorized users performing business on behalf of the Government will be able to view the Contractor's record in the system. Public requests for system information will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of clause) 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy use Program (APR 2008) (Rating: DO-A1) 52.242-13 Bankruptcy (July 1995) 52.246-4 Inspection of Services - Fixed Price (Aug 1996) 52.246-15 Certificate of Conformance (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through _one-year from date of contract award for the basic period and for options, effective date of option exercise through one-year from effective date of option exercise_. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one each for any line item_, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of the total estimated contract line item quantity; (2) Any order for a combination of items in excess of 50% of estimated contract quantity; or (3) A series of orders from the same ordering office within _thirty (30) days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _15_ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after __determined at time of award based on six (6) months after expiration date of ordering period. (End of clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_ days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _____5 years______ (months) (years). (End of clause) Department of Homeland Security Acquisition Regulations (HSAR) (48 CFR) 3052.219-71 DHS Mentor-Protégé Program (Jun 2006) 3052.222-90 Local Hire (Jun 2006) 3052.247-72 F.O.B. Destination (Dec 2006) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JUL 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.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010)(Pub. L. 109-282) (31 U.S.C. 6101 note) __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). __ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (8) [Reserved] __ (9)(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. __ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (12)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2010) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. ___(iv) Alternate III (Jul 2010) of 52.219-9 __ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). _X_ (14) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (15)(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. __ (16) 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). __ (17) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X_ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (21) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). _X_ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (24) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (26) 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). _X_ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (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). __ (32)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (33) 52.225-5, Trade Agreements (AUG 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)). _X_ (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 (FEB 2010) (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 (1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.). 1 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Avionics/Electrical Worker WG-2604-8 $19.43 Avionics/Electronics Tech Maint I WG-2604-10 $21.45 Fringe Benefits Required: Annual Leave: 2 hours per week for less than 3 years; 3 hours per week for services of 3 years but less than 15 years: and 4 hours per week for services for 15 years or more. Paid Holidays: Ten per year. Government's contribution to sick leave and to life, accident and health insurance: approximately 5.1 percent of basic hourly rate. Government's contribution to retirement pay: 7 percent of basic hourly rate. WAGE DETERMINATION: The appropriate wage determination relating to the contract repair is available from http://www.wdol.gov/sca.aspx#0. 1 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contract for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C.351, et seq). 0 (6) 52.222-53, Exemption from Application of Service Contract Act to Contract for Certain Services- Requirements (Feb 2009) (41 U.S.C. 351, et seq.) 0 (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). 0 (8) 52.237-11, Accepting and Dispensing of $1 coin (Sept 2008) (31 U.S.C. 5112(p)(1). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) [Reserved] (viii) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g) 0 Alternate 1 (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C., et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jan 2009) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Closing date and time for receipt of offers is 8 October 2010 4:00 pm, EST. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. All responsible sources may submit a quotation which shall be considered by the Agency. Quoted prices shall be on the attached EXCEL file titled "HSCG38-10-Q-200170 Quote Sheet". Electronic submission is the preferred method of submitting quotes. Send to ryan.m.suchy@uscg.mil. Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5240, attention Ryan M. Suchy. Anticipated date of award is 31 October 2010. 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 forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe 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 refiling of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 
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