PRESOL | 48 | Repair of Auxiliary Power Unit Component Electronic Engine Control Components

FBO DAILY ISSUE OF DECEMBER 18, 2010 FBO #3311
SOLICITATION NOTICE

48 -- Repair of Auxiliary Power Unit Component Electronic Engine Control Components

Notice Date: 12/16/2010
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: HSCG38-11-Q-101001
Archive Date: 2/1/2011
Point of Contact: Linda D Clark, Phone: 252-334-5212
E-Mail Address: linda.d.clark@uscg.mil
(linda.d.clark@uscg.mil)
Small Business Set-Aside: N/A
Description: 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; written quotations are being requested and a written solicitation will not be issued. This Request for Quotation, HSCG38-11-Q-101001, incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-46. The North American Industry Classification System (NAICS) code is 488190. The small business standard is $7.0 million average annual receipts. This contract will be awarded as a firm-fixed-price indefinite delivery requirements contract. Quoters must submit prices for each year of the Base and option periods in order to be considered for award. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. The USCG intends to award to a Federal Aviation Administration (FAA) authorized repair center that is able to repair the following items conforming to the Original Equipment Manufacturer's (OEM's) specifications, drawings, service bulletins, and performance requirements. Honeywell International Defense and Space, 1300 West Warner Road, Tempe, AZ 85285-2200 is the OEM. These parts are for use on the HU25 aircraft. The contract will include a 3-year base period and a one-year option period. The total duration of this contract shall not exceed four (4) years. ALL QUANTITIES ARE ESTIMATE. All responsible sources may submit a quotation which shall be considered by the agency. FIRM-FIXED PRICES FOR REPAIR OF THE FOLLOWING: BASE BASE BASE OPTION PERIOD PERIOD PERIOD PERIOD YEAR YEAR YEAR YEAR 1 2 3 1 EST EST EST EST QTY QTY QTY QTY 1. 2920-01-444-8892 7 tiny_mce_marker____ 7 tiny_mce_marker____ 7 tiny_mce_marker____ 7 tiny_mce_marker____ P/N 2117406-6 REPAIR - APU Electronic Control 2. NO FAULT FOUND 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ P/N 2117406-6 3. 1680-01-455-1824 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ P/N 2117406-5 APU Electronic Control REPAIR AND MODIFY TO: 2920-01-444-8892 P/N 2117406-6 4. 2840-01-HR1-6717 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ P/N 2101484-13 Electronic Fuel Computer REPAIR AND MODIFY TO: 6610-01-457-1839 P/N 2101484-14 5. 6610-01-457-1839 25 tiny_mce_marker____ 25 tiny_mce_marker____ 25 tiny_mce_marker____ 25 tiny_mce_marker____ P/N 2101484-14 REPAIR - Electronic Fuel Computer 6. NO FAULT FOUND 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ P/N 2101484-14 7. 6625-01-074-5309 10 tiny_mce_marker____ 10 tiny_mce_marker____ 10 tiny_mce_marker____ 10 tiny_mce_marker____ P/N 2101714-1-1 REPAIR - Synchronizer 8. NO FAULT FOUND 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ 1 tiny_mce_marker____ P/N 2101714-1-1 9. PARTIAL REFRESH 20 tiny_mce_marker____ 20 tiny_mce_marker____ 20 tiny_mce_marker____ 20 tiny_mce_marker____ REPAIR - P/N 2101484-14 10. COC or FAA Form 8130 As Required Not Separately Priced 11. Contractor Receipt/Verification of Material As Required Not Separately Priced Interested parties may submit a quotation which shall include: • Performance Work Statement • Performance Metrics and Incentives/Disincentives Programs • Identification of Key Personnel • Quality Certifications • Data Package • Past Performance • Subcontracting plan or a request for waiver if no subcontracting opportunities exist • Firm Fixed Price Proposal - Contractor shall submit a quotation including the requested information for other than cost or pricing data. F.O.B. POINT F.O.B. Destination Applies- the contractor will be responsible for shipping charges. ADDRESS FOR CORRESPONDENCE All correspondence, except as otherwise specified, shall be directed to the following address: Contracting Officer USCG, Aviation Logistics Center Medium Range Surveillance (MRS) Contracting Section Elizabeth City, NC 27909-5001 Contract No. ___________________________ (Assigned at time of award) Delivery Order No.______________________ (Assigned upon issuance) INVOICING INSTRUCTIONS The original Contractor's invoice shall be submitted to the designated billing office for payment as follows: The invoice must reference the contract number and delivery order number. The preferred method of invoice submission is electronic submission at: E-mail: D05-SMB-ALC_Fiscal_@uscg.mil Invoices may also be submitted via U.S. Mail at: Chief, Fiscal Branch USCG, Aviation Logistics Division Building 63 Elizabeth City, NC 27909-5001 Contract No. _____________________________ (Assigned at time of award) Delivery Order No.______________________ (Assigned upon issuance) Per FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Jun 2010) ADDENDUM (g) Invoice. (1) The Contractor shall submit an original invoice (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. Send invoices to: Chief, Fiscal Branch, USCG, ALC, Elizabeth City, NC 27909 or ALC-Fiscal@uscg.mil, Payment status: (252) 335-6852 or D05-SMB-ALC-Fiscal-Acct Additional Information: Invoices with shipping charges in excess of $100 must be accompanied by a certified freight bill. Federal agencies are exempt from taxes. The tax exemption number for the U.S. Coast Guard is B-239641. A Tax Exemption Certificate may be obtained from the issuing office listed in Block 9 of the contract/order. BEYOND ECONOMICAL REPAIR In the event the contractor considers an item listed in the contract to be beyond economical repair, they shall contact the Contracting Officer, in writing, for disposition instructions. The notification shall identify the delivery order number, item number, part number, serial number, and the cost (including if requested, a breakdown of the price for parts and labor) necessary to repair the component. Contractor shall not proceed with repair or return to Aviation Logistics Center until instructions are received from the Contracting Officer. CONTRACTOR VERIFICATION OF RECEIPT OF REPAIRABLE ITEMS Upon receipt of the items, the contractor shall notify the contracting officer in writing, providing the following information: (1) date component(s) received; (2) confirmation of the part number and serial number; and (3) any discrepancies of the delivery order and the material received. PACKING SLIP At the time of each delivery of supplies under this contract, the contractor must furnish to the Government a properly completed packing slip. This packing slip must include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Contract Number, and 5) Delivery Order Number, 6) Line Item Number and 7) Quantity. One copy of the packing slip shall be attached to the outside of the shipping container. The contractor shall provide a Certificate of Conformance (COC) or a Federal Aviation Administration (FAA) Airworthiness document Form 8130-3 which shall be attached to each item and a second copy shall be included with each packing slip. FAA form 8130-3 is only applicable to schedule line items 4, 5, 6, and 9 above. PRESERVATION AND PACKAGING INSTRUCTION a) Standards - Preservation and packaging must comply with ASTM D 3951-98 (RE APPROVED 2004), with the exceptions as stated herein. USCG ALC is a supply depot, therefore material will be stored and transshipped to various users. Material shall be packed and labeled suitable for shipment via air, land, or sea. Components will be hermetically sealed in anti-static plastic with desiccant to maintain humidity levels at 10% or less. They will be packaged in a sealed container with solid core, form-fitting foam, and a minimum of 2.5 inches thick on all surfaces. The use of chipped foam, Styrofoam "peanuts", shredded paper, or other similar material is not acceptable. The packaging will provide protection to components during normal ground, air, or sea transportation and during storage in a climate controlled facility for up to 2 years. b) Markings - Each package shall be individually labeled on the outside with the National Stock Number (NSN), Part Number (P/N), Serial Number (S/N), Contract/Delivery Order Number, Line Item Number, Quantity, Nomenclature, Date repaired/remanufactured, and with shipping and transportation/traffic information. Labeling data shall be attached to the outside of the shipping container. If an item is delicate it will be marked accordingly. During "AOG" situations, the shipping container will display highly visible lettering "AOG" on the outside of the container. INSPECTION AND ACCEPTANCE Inspection and acceptance shall be performed by ALC Quality Assurance personnel for count and condition only. If unit is shipped to an Air Station, Air Station personnel will perform this duty. The contractor shall provide a Certificate of Conformance (COC) and/or an FAA Form 8130-3/8130-4 Airworthiness Approval Tag which shall be attached to each reworked component and a copy with the packaging slip. FAA form 8130-3 is only applicable to schedule line items 4, 5,6, and 9 above. PERIOD OF PERFORMANCE The period of performance shall consist of one base period to begin at time of award through three years and one option period of one year. The total duration of the contract shall not exceed four years. SHIPPING INSTRUCTIONS Repaired/overhauled items shall be shipped FOB destination (except when AOG occurs, or unless otherwise noted on delivery order) to the following address: U.S. Coast Guard Aircraft Logistic Center Receiving Section, Building 63 Elizabeth City, NC 27909 MARK FOR: (to be provided at time of award) DELIVERY ORDER NO. ____________________________ (assigned upon issuance) ITEM NO. ____________________________ (assigned upon issuance) DELIVERY SCHEDULE The Government desires delivery no greater than 180 days from time of material receipt at contractor's facility to prevent Aircraft on Ground (AOG) supply issues. EARLY DELIVERIES The contractor is requested to ship items completed prior to the required delivery date, if no additional charges occur to the government. MATERIAL TRACKING SYSTEM REQUIREMENTS The contractor shall maintain a legible component tracking form for each item reworked/modified. A copy of the tracking form (i.e., contractor's existing form) to be used shall be submitted with the contractor's proposal, at which time it will be reviewed for the required information and acceptability by the Contracting Officer. The tracking form shall show the component's part number, nomenclature, serial number, installed software version and specific rework performed including man-hours and materials. Replaced electronic components shall be identified by the electronic schematic component designation. In addition the contractor shall review all manufacturer's service bulletins, service information letters and equipment revisions for applicability against the reworked item's part number. The contractor shall indicate on the tracking form those which are applicable and whether or not they have been installed on the serial number item being reworked. Two legible copies of the tracking form are to be distributed as follows: A. 1 copy shall be placed inside of the shipping container with the reworked component. B. Within 5 calendar days after rework completion, 1 copy shall be mailed to the following address: Commanding Officer U. S. Coast Guard Aviation Logistic Center ATTN: Code 3200 (Tracking Data Entry) Elizabeth City, NC 27909-5001 ESTIMATED QUANTITIES Failure of the Government to furnish any of the line items in the amounts or quantities described as "estimated" or "maximum" will not entitle the contractor to any equitable adjustment in price. RIGHT OF THE GOVERNMENT The Government reserves the right to have these units repaired "in house". U. S. COAST GUARD HU-25 ENGINE AND AUXILIARY POWER UNIT ELECTRONIC CONTROL REPAIR STATEMENT OF OBJECTIVES (SOO) 1.0 INTRODUCTION The purpose of this Statement Of Objectives (SOO) is to define the tasks to be performed for the repair of HU-25 Engine and Auxiliary Power Unit (APU) Electronic Controls installed in the United States Coast Guard (USCG) Fleet of HU-25 Aircraft. This SOO outlines the tasks and services that will be performed for the USCG by the contractor under this program. 2.0 OBJECTIVE The objective of this program is for the proposed contractor to provide all resources required to accomplish the test, repair and modification of the items identified in this SOO within a required delivery turn time Not To Exceed (NTE) 180 days. This includes repair labor, test labor, materials, and other direct/indirect costs. 3.0 SCOPE OF WORK The contractor shall perform the scope of work identified below on repairable items returned to them exhibiting normal wear and tear that is common to the operating environment and usage of the item. a) Test Only (No Fault Found) - The component shall be tested prior to repair, utilizing the Acceptance Test Procedure developed for the component by the contractor. If the incoming component passes the acceptance test, it shall be returned to the USCG under the "No Fault Found" Contract Line Item Number (CLIN) of the contract schedule. b) Repair - Shall consist of troubleshooting, repair, or replacement of circuit card(s), or individual circuit card components such as capacitors, transistors, micro chips, etc. Minor repair of chassis wiring harnesses will also be covered under repair. The Acceptance Test Procedure shall be accomplished to verify proper function of the component following repair. c) Modification - Any change in the physical form, fit, or functional characteristic of the component or system. d) Partial Refresh- The contractor agrees to submit a Firm-Fixed Price proposal (FFP) along with supporting information to the USCG Contracting Officer for any item that is a candidate for a "Partial Refresh". The price for this will become a line item of the contract repair schedule. The primary purpose of a "Partial Refresh" is to improve the reliability and repair turn around. If the cost proposal for the partial refresh is acceptable the USCG Contracting Officer may elect to modify this contract. "Partial Refresh" shall be a one-time, major repair to (EEC) PN 2101484-14, and shall be documented by signing off the ACMS code assigned to this task for the serial number EEC affected. Under no circumstances will an EEC be partially refreshed twice without written instructions from the USCG Contracting Officer. The Partial Refresh will consist of replacing Circuit Card Assemblies (CCA) A1, A2, A3, A5, A7, and A13, with new manufacture CCA's. The USCG intends to have 50 each EEC P/N 2101484-14 "partially refreshed" and desires that all 50 be completed within the first 3 years of the contract. 4.0 REPAIR CONTROL The contractor shall be responsible for establishing an internal monitoring system to ensure repairable items are tracked and repaired in a timely manner. The contractor has a required delivery of 180 calendar days for turn-around-time (TAT). The TAT clock begins after receipt of the repairable item at the contractor's repair facility dock and receipt of the corresponding Delivery Order (DO) by the contractor facility/Point of Contact, the latter of which will start the TAT clock. The contractor is to notify the USCG Contracting Officer immediately upon delivery at their repair facility. The TAT clock will stop should the following situations arise: a. Item exceeds "Order Limitations for Maximum Order" as per FAR clause 52.216-19. b. Receipt of items missing subassemblies. c. Items deemed Beyond Economical Repair (BER) or Beyond Physical Repair (BPR) as agreed by both parties. d. Request for Engineering Analysis. (This needs to be discussed/clarified on a one to one basis) e. Awaiting price approval for work to be performed outside the scope as agreed upon by both parties in the final awarded contract. f. Notification by the Contracting Officer to cease work until authorized to continue. g. Awaiting approval for Class I Changes (Class 1 changes are blueprint design changes that affect fit, form, or function.) h. Unusual damage induced by the USCG. i. Foreign Object Damage (FOD). j. Obsolescence Issues. k. Missing corresponding DO authorizing repair. Should any of these situations occur, the contractor shall immediately advise the USCG Contracting Officer via facsimile (FAX) or E-mail. Upon resolution of these situations, the TAT clock will commence and the contractor will immediately begin performance of work. i) The contractor shall promptly notify the USCG Contracting Officer of any condition that could have potential or actual negative impact on the contractor's performance under this multi-year repair program; including, but not limited to: closing or moving of facilities; loss of key personnel; work stoppages/strikes; capacity issues as the result of other customers; and material supply issues. Storage - Items shall be handled and stored in accordance with "Best Commercial Practices" without any increase in price and in such a manner to prevent damage and/or theft. All material purchased by the USCG for use as Government Furnished Property (GFP) shall be placed in a bonded storage, segregated from other bonded storage material, jointly inventoried by the vendor and a USCG representative at least once each calendar year. All GFP not in inventory must be traceable to use or installation in the USCG end item. 4.1 Items Received in an Abnormal Condition: a) Should an incoming shipment bear evidence of shipping damage, the contractor shall immediately notify the USCG Contracting Officer via e-mail or fax and await disposition instructions from the Contracting Officer. b) If an item is received at the contractor's repair facility in an incomplete condition, a Report of Discrepancy (ROD) in the contractor's format will be filled out and forwarded to the USCG Contracting Officer. c) If an item is received at the contractor's facility, which is recommended by the contractor to be in a Beyond Economical Repair (BER) or Beyond Physical Repair (BPR) condition as defined below, the USCG Contracting Officer must be notified in writing immediately after the BER/BPR condition is identified. The contractor shall provide a cost breakdown to repair the item, so a fair and reasonable determination can be made by the USCG. 1) Beyond Economical Repair (BER) - An individual repair that will cost more than 75% of a new replacement unit. An item can only be deemed BER through a bilateral agreement between the contractor and the USCG. 2) Beyond Physical Repair (BPR) - An item received for repair that is considered non-reparable. An item can only be deemed BPR through a bilateral agreement between the contractor and the USCG. d) In the above conditions, no further repair action will be taken and the unit in question is to be put in the bonded storeroom for safe keeping until written authorization to proceed or disposition instructions are received from the USCG Contracting Officer. Upon resolution of these situations, the TAT clock will commence and the contractor will immediately begin performance of work. The TAT clock ends when the item is delivered to USCG Aviation Logistics Center (ALC). The contractor is granted Material Review Board (MRB) authority for this repair program. The contractor is authorized to incorporate Class II changes without authority from the USCG. (Class II changes are minor changes that do not affect fit, form or function.) 4.2 Actions Following Repair a) Test After Repair - The contractor shall use the Repair Acceptance Test Procedure that was developed to test the item to assure serviceability of the repaired item. The contractor's inspector will witness the test and shall certify the acceptance of the repaired item by entering his or her name and/or stamp and date in appropriate blocks of the repair action document. The contractor shall issue a Federal Aviation Administration (FAA) 8130-3 Flight Worthiness Document for each repair of Electronic Engine Control (EEC) part number (PN) 2101484-14. The EEC is a flight critical item and is tracked utilizing the USCG Aviation Computerized Maintenance System (ACMS). All other engine electronic components on this contract are non flight critical, not ACMS tracked, and may have repairs documented by a Certificate Of Conformance (COC) acceptable to the Government. b) Identification and Condition Code Tags - Ready-For-Issue (RFI) or Not Ready-For-Issue (NRFI) tags will be completed and attached to the repair item. The same data will be shown on the accompanying packing list. The tag will reflect the P/N of the item after repair and conformance to repair requirements certified by the contractor's quality inspector. c) Inspection Test Records - The contractor shall keep and maintain proper and adequate inspection, test and related records, including Certificate of Conformance (COC) and repair action document. The Test/Acceptance report for any item repaired under this contract shall be made available to the USCG upon written request from the USCG Contracting Officer. 4.3 Obsolescence Management USCG acknowledges that some items on this contract may be at risk for obsolescence. The contractor has entered into this contract subject to commercial availability of component parts in the market at reasonable prices to complete orders under this contract. a) If, during the manufacture or repair process, the contractor becomes aware that required component parts are no longer available, the contractor is authorized to immediately stop work and notify the USCG Contracting Officer of the obsolescence factors. b) If the USCG determines that the item is still required and so notifies the contractor, they will investigate alternate sources within the industry for compatible replacement parts that meet the contractor's Quality System Requirements and do not modify form, fit, or function of the end item. c) In some cases, out of manufacture parts may be available on the market from distributors or surplus dealers who have made life time buys at the time of last manufacture. In such cases, distributors and dealers, to account for the risk of holding out of manufacture parts, often escalate prices substantially. The USCG Contracting Officer agrees price impacts due to obsolescence shall be a basis for equitable adjustment of contract price and that the contractor will promptly submit a proposal with supporting information for required contract changes. d) If a suitable replacement component is not found within a time period mutually agreed upon by the USCG and the contractor, the USCG Contracting Officer agrees to terminate for convenience without penalty that portion of the contract affected by obsolescence. e) As an alternative to termination for convenience, the contractor will, at the USCG Contracting Officer's request, submit a quotation to perform an obsolescence review of the subject product. Upon approval or agreement of the obsolescence review, the contractor, if directed by the USCG Contracting Officer, shall provide a proposal for the effort required for updating the production in order to fulfill the contract. f) Upon receipt of a Notice of Obsolescence from the contractor on an item, the USCG Contracting Officer will suspend the delivery date, without penalty, and re-establish a new delivery date by mutual agreement, upon resolution of the obsolescence problem. 5.0 Service Bulletins- All new service bulletins shall be identified by the contractor to the USCG Contracting Officer. Upon receipt of notification from the Contracting Officer that a service bulletin is required, the contractor will submit an FFP to incorporate the Service Bulletin in all subsequent repairs to the P/N component. This FFP shall be submitted by the contractor to the USCG Contracting Officer within thirty (30) calendar days after receipt of the notification. The proposal will contain supporting pricing information. Upon agreement of an FFP, the USCG Contracting Officer will issue a contract modification to incorporate the service bulletin. Service bulletins created and incorporated during performance of this requirement may create new part number configurations, which supersede the previous configuration. When service bulletin incorporation changes the Contract Line Item Number (CLIN) part number, the new part number shall be added to the contract. The same procedures apply if removal of service bulletins is required. 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://acquisition.gov/far/index.html. 52.252-2 Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.212-4 - Contract Terms and Conditions-Commercial Items. (JUN 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.211-15 Defense Priority and Allocation Requirement DO-A1 (APR 2008) 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 any time during the effective term of the contract through the effective period of any option(s) exercised. (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 1 each, 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 the combined estimated contract quantity; (3) A series of orders from the same ordering office within 15 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-21 Requirements (OCT 1995) Alt I (APR 1984) As prescribed in 16.506(d), insert the following clause: 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 "To Be Determined at Time of Award". (End of clause) Alternate I (Apr 1984). If the requirements contract is for nonpersonal services and related supplies and covers estimated requirements that exceed a specific Government activity's internal capability to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause: (c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities. 52.217-5 Evaluation of Options (JUL 1990) 52.217-8 Option to Extend Services (NOV 1999) para fill in is 10 calendar days 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 the 30 day period prior to contract or option period 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 4 years. (End of clause) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Certification (NOV 2007) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 2011. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 2011, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) 52.242-13 Bankruptcy (JUL 1995) 52.245-1 Government Property (AUG 2010) 52.245-9 Use and Charges (AUG 2010) 52.246-2 Inspection of Supplies - Fixed Price (AUG 1996) 52.246-4 Inspection of Services - Fixed Price (AUG 1996) 52.246-11 Higher-Level Contract Quality Requirement (FEB 1999) The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract. 52.246-15 Certificate of Conformance (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (OCT 2010) Alternate IV (OCT 2010) (a) Submission of Cost or Pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 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) 52.209-8 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) HSAR 3052.247-72 F.O.B. Destination Only (DEC 2003) Offers are invited on the basis of F.O.B. Destination only. Offers submitted on any other basis will be rejected as nonresponsive. HSAR 3052.219-70 Small Business Subcontracting Program Reporting (JUN 2006) HSAR 3052.219-71 DHS Mentor-Protégé Program (JUN 2006) HSAR 3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor-Protégé Program (JUN 2006) HSAR 3052.245-70 Government Property Reports (JUN 2006) (a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors. (b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on Form DHS F 0700-05, Contractor Report of Government Property (End of Clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (OCT 2010) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer shall check as appropriate.] 1 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 1 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L.109-282) (31 U.S.C. 6101 note). 0 (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). 0 (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). 0 (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). 0 (8) [Reserved] 0 (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-6. 0 (iii) Alternate II (Mar 2004) of 52.219-6. 0 (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 1 (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 1 (12)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4). 0 (ii) Alternate I (Oct 2001) of 52.219-9. 1 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (July 2010) of 52.219-9. 0 (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). 1 (14) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F) (i)). 0 (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). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (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). 0 (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). 0 (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C.657f). 1 (19) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C 632(a)(2)). The following paragraph of this clause may require completion: (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it __ is, __ is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer's name and title]. 1 (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (21) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). 1 (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 1 (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 1 (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 1 (26) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). 0 (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.) 0 (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.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available of-the-shelf items.) 0 (29) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). 0 (ii) Alternate I (Dec 2007) of 52.223-16 1 (31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010)(E.O. 13513). 0 (32) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). 0 (33)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169 109-283, and 110-138). 0 (ii) Alternate I (Jan 2004) of 52.225-3. 0 (iii) Alternate II (Jan 2004) of 52.225-3. 0 (34) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (35) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150). 0 (38) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (39) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (40) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 0 (41) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 0 (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 0 (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 1 (44)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 0 (1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.). 0 (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 0 (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). 1 (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 Veterans (Sep 2010) (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) 52.212-1 Instructions to Offerors-Commercial Items (June 2008) 52.212-2 - Evaluation - Commercial Items. (JAN 1999) DETAILED FACTORS Factor 1: Technical Management/Solution/Approach The technical/management solution/approach will be evaluated for its quality and evidence of extent to which Contractor's solutions will achieve Coast Guard objectives of Engine and auxiliary power unit (APU) electronic controls refurbishment (repair). The evaluation will include an assessment that the solution adheres to sound engineering, design and management practices and that the Contractor has a complete understanding of the objectives, constraints and is customer focused. Evidence of the quality of the technical management /solution/approach includes: (a) A comprehensive performance work statement and contract breakdown structure that identifies the services to be implemented to meet the program and mission requirements set forth in the statement of objectives. (b) A sound technical proposal that clearly demonstrates how implementation of the proposed solutions will deliver timely, stable, reliable, secure, flexible, responsive, compliant and cost effective services. (c) A sound partnering approach to management that demonstrates the ability to aggressively identify and apply information technology solutions to business processes. The management approach needs to provide: • Highly qualified and experienced key personnel with a proven track record of success in providing large enterprise-wide managed services under performance based arrangements. • Clear lines of communication between the Contractor's team and the Coast Guard for timely problem identification, mitigation and resolution. • Active and continuing participation and involvement of senior corporate executives in ensuring the success of this program. (d) The Contractor's validated process and procedures that ensure high quality performance. i.e., ISO 9000 type or other quality certifications, original equipment manufacturer (OEM) required service bulletins, FAA 8130-3 Flight Worthiness Document or COC. Factor 2: Performance Measures and Metrics The offered performance metrics and service level agreements will be evaluated for the extent they are: (a) Comprehensive in their ability to quantify, measure, track and report operational performance relating to both system and management performance as well as achievement of Coast Guard objectives. (b) Identifying the highest level of service consistent with cost effectiveness (c) Tied to performance incentives and disincentives that are directly related to meeting or exceeding mission critical performance metrics. Factor 3: Past Performance The past performance evaluation will examine how the Contractor's past and present performance validates expected performance and customer satisfaction. The Coast Guard may use data obtained from other sources to conduct the past performance assessment, as well as that provided in the quotation. The past performance evaluation will also examine the Contractor's actual performance on repair of similar or like items. This review will focus on the scope and complexity of the efforts, the performance measures/service levels applied, and the actual results achieved against those measures. Factor 4: Cost/Price Each Contractor's cost/price proposal will be evaluated based on the following: (a) Evaluation of proposed price/cost. (b) Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to industry average rates and/or rates from other contracts for similar work, etc. (c) Realism: If applicable, a realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, material kinds and quantity for reach identified CLIN/SubCLIN in the contractor's proposed cost/price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the Contractor's technical proposal. 52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2010) Alternate I (Apr 2002). These certifications must be included with quotation, IAW FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the ORCA web site at http://orca.bpn.gov. Please ensure completion prior to submission of your quotation. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically. If an offeror has not completed the annual representations and certifications electronically at the ORCA web site, the offeror shall complete only paragraphs (c) through (m) of this provision. Closing date and time for receipt of quotations is TO BE INSERTED 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwardedto 252-334-5427, Attention: Linda Clark. Electronic submissions may be sent to Linda.D.Clark@uscg.mil. Quotations may be submitted on company letterhead stationery and must include pricing, Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All quoters shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. COCO Alert 08-33 Attachment 1, Notice for Filing Agency Protests, is included with this solicitation. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
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48 -- Repair of Auxiliary Power Unit Component Electronic Engine Control Components