PRESOL | 16 | Overhaul of HU25 Landing Wheels - HSCG38-11-Q-101010 - Quote Sheet

FBO DAILY ISSUE OF APRIL 09, 2011 FBO #3423
SOLICITATION NOTICE

16 -- Overhaul of HU25 Landing Wheels - HSCG38-11-Q-101010 - Quote Sheet

Notice Date: 4/7/2011
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-101010
Archive Date: 5/14/2011
Point of Contact: Kia R. Walton, Phone: 252-335-6499
E-Mail Address: Kia.R.Walton@uscg.mil
(Kia.R.Walton@uscg.mil)
Small Business Set-Aside: N/A
Description: HSCG38-11-Q-101010 - 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; written quotations are being requested and a written solicitation will not be issued. This Request for Quotation, HSCG38-11-Q-101010, incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-51. The North American Industry Classification System (NAICS) code is 488190. The small business standard is $5.0 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 of overhauling the following items conforming to the Original Equipment Manufacturer's (OEM's) specifications, drawings, service bulletins, and performance requirements. Meggitt Aircraft Braking System, 1204 Massillon Road, Akron, OH 44306-4186, is the OEM. These parts are for use on the HU25 aircraft. The contract will be awarded using simplified acquisition procedures in accordance with FAR part 13.5. The contract will include a 3-year base period and two one year option periods. The total duration of this contract shall not exceed five (5) years. ALL QUANTITIES ARE ESTIMATES. All responsible sources may submit a quotation which shall be considered by the agency. U. S. COAST GUARD HU-25 MAIN WHEEL (P/N 9543809-1) and NOSE WHEEL (P/N 5003706) INSPECTION/OVERHAUL STATEMENT OF WORK (SOW) 1.0 BACKGROUND The United States Coast Guard (USCG) currently operates eighteen (18) Medium Range Surveillance (MRS) HU-25 aircraft, manufactured between 1982 and 1984 by Dassault-Breguet Aviation SA-Avions Marcel. These aircrafts are used differently from general aviation as MRS' missions frequently operate in salt laden environments. Meggitt Aircraft Braking System is the Original Manufacture (OEM) for the main and nose wheel assemblies, part number 95543809-1 and 5003706 respectively. Currently the USCG plans are to retire the HU-25 in year 2014. 2.0 OBJECTIVE 2.1 The USCG's objective is to obtain services of an OEM or a Federal Aviation Administration (FAA) Part 145 authorized repair center to effectively overhaul and provide complete, ready-to-install HU-25 main and nose wheel assemblies. Overhauled wheel assemblies shall meet OEM's specifications IAW the OEM's Component Maintenance Manuals (CMM), and Coast Guard Maintenance Procedure Card (MPC) listed in paragraph 4.0. All wheel assemblies returned to service shall have FAA Form 8130 attached. 2.2 The USCG Aviation Logistics Center (ALC) intends to award a firm-fixed price, indefinite-delivery requirements contract for the overhaul of the wheel assemblies. Subsequent award will consist of a three-year base period and two one-year option periods pending HU-25 retirement schedule. The USCG desires a Turn-Around-Time no greater than 70 calendar days from time of material receipt at offeror's facility to prevent Aircraft on Ground (AOG) supply issues. The offeror (or vendor as appropriate) shall maintain FAA certification for repair and/or overhaul of the component identified in the schedule for the entire duration of this contract. The offeror shall provide immediate notification to the USCG Contracting Officer upon loss of required FAA certification. 2.3 The contractor shall be responsible for all necessary functions to perform services requested. This includes, but is not limited to, required tooling, manuals, test equipment, parts, material, engineering services, management, maintenance, documentation, preservation, shipping, etc., to repair/overhaul HU-25 wheels. 2.4 The offeror shall have access to parts and applicable specifications needed to overhaul the wheel assemblies in accordance with the OEM's current specifications and procedures. In the event that a wheel half is deemed scrap, the USCG authorizes mismatching wheel halves In Accordance With (IAW) Maintenance Procedure Card (MPC) 324011.D, paragraph 4.1.3. If there is not another serviceable wheel half for matching contact the USCG Contracting Officer for disposition. The USCG reserves the right to review and modify all inspection, overhaul and test procedures. The offeror shall provide written notification to the Contracting Officer no later than fourteen (14) calendar days following changes to applicable OEM specifications and procedures. In the event the USCG decides to incorporate any such change into the contract, a written contract modification will be issued. 2.5 HU-25 main and nose wheel assemblies are serial tracked through USCG Asset Computerized Maintenance System (ACMS). The Significant Component History Report (SCHR) provides a life cycle history of the each wheel's location, number of landings and overhaul history since manufacture. Wheel history updates are accomplished via a Component Repair Record (CRR) which is used by the USCG to update the SCHR. The offeror's responsibility for ACMS requirements are found in section 5.0. 2.6 The offeror shall be an FAA authorized repair center with a quality system which is ISO 9000 compliant or a quality system acceptable to the USCG. 3.0 REQUIREMENTS Overhauled wheel assemblies must comply with the current OEM's specifications, drawings, Service Bulletins, and performance requirements IAW with the CMM s and the USCG's MPC listed in section 4.0. The offeror is responsible for all necessary functions to perform the services requested. This includes, but is not limited to, required tooling, test equipment, parts, material, engineering services, management, maintenance, serviceable and non-serviceable parts storage, preservation, packaging, shipping, etc, to repair and/or overhaul for the main and nose wheels. 3.1 Replacement parts shall be new OEM parts. FAA Alternate Product Manufacture Authorized (PMA) parts shall be approved by the HU-25 Engineering Cell leader prior to use. The contractor shall provide a sample and pertinent documentation that demonstrates that the PMA substitute meets or exceeds OEM specifications. 3.1.1 PMA screw P/N ABYK4-8m manufactured by Aero Brake & Spares is authorized for use on the HU25 Main Wheel P/N 9543809-1. 3.2 Possess, have access to, or ability to obtain current OEM Component Maintenance Manuals, drawings, specifications, and tooling to ensure that wheel assemblies are overhauled, and operating in accordance with the manufacturer's latest performance, test and acceptance specifications. 3.2.1 All OEM manuals, drawings, specifications, and data shall have current revisions and dates. If the contractor has or receives newer information than that listed by the USCG in the solicitation, the contractor must identify those manuals, specifications and data including Service Bulletins, Modifications, and Amendments, and provide a brief synopsis of the revisions and dates to the USCG's Contracting Officer for approval. 3.2.2 Use OEM Service Bulletins (SB) and Modifications (MOD): 3.2.2.1 Have access to all current and new SBs and MODs issued by the OEM. 3.2.2.2 Insure that previous SBs and MODs that have been incorporated remain incorporated. 3.2.2.3 Identify new or unincorporated SBs or MODs and specify if SB or MOD will change the P/Ns or affect any pricing. 3.3 The offeror's responsibility to the USCG consists of preparing and submitting a detailed work specification and cost breakdown structure for overhaul of wheel assemblies including parts and labor for each item. OEM Service Bulletins (SB) previously incorporated shall remain incorporated upon completion of work. New SBs shall be incorporated after review by the CG and upon approval notification from the CG Contracting Officer to incorporate the SB. 3.3.1 To meet the USCG's objectives the offeror will be required to meet the following criteria: 3.3.1.1 Technical 3.3.1.1.1 Detailed work specifications for main and nose wheel assembly overhaul. 3.3.1.1.2 Either possess or show the ability to obtain adequate technical data, tooling and fixtures to meet the OEM's overhaul/test requirements. Overhauls shall be accomplished IAW OEM's CMM or USCG accepted procedures. All manuals and data shall have current revisions and dates. If the offeror has newer information than what was listed by the USCG in this solicitation the offeror must provide the latest revision number, Service Bulletin or amendment, a brief synopsis of the revision, and date to the USCG's Contracting Officer for approval. 3.3.1.1.3 Provide evidence of and ability to maintain a Quality System acceptable to the USCG. The contractor shall submit an uncontrolled copy of the quality manual. 4.0 APPLICABLE DOCUMENTS 4.1 The following Technical Specifications are applicable: 4.1.1 Main Wheel Assembly P/N 95543809-1: Meggitt Aircraft Braking Systems Component Maintenance Manual: CMM 32-41-45 (MABBS publication #AP-958), Revision 1, dated 27 March 09 4.1.2 Nose Wheel Assembly P/N 5003706: Meggitt Aircraft Braking Systems Component Maintenance Manual: CMM 32-46-15 (MABBS publication #AP-503), Temp Revision dated 12 Sept 83 4.1.3 Scrapping and Re-identification of HU-25 Wheels and Wheel Halves USCG MPC 324011.D, Revision dated 21 June 08 4.2 Data Availability: 4.2.1 OEM manuals, Service Bulletins and specifications are proprietary and cannot be provided by the USCG. The offeror shall obtain their own vendor OEM component maintenance manuals, drawings and specifications as applicable. The USCG does not own nor can it provide this data. 4.2.2 USCG specific MPC 324011.D can be acquired through the Freedom of Information Act (FOIA). Submit a written request to: Commanding Officer Attn: ALC FOIA OFFICER USCG/ALC Elizabeth City, NC 27909 5.0 ASSET COMPUTERIZED MAINTENANCE SYSTEM (ACMS) 5.1 Comply with all USCG ACMS documentation requirements. 5.1.1 HU-25 main and nose wheel assemblies are serial tracked under USCG ACMS. This tracking provides a historical record of repair/overhaul, times, landings, item location, status, and an effective method of configuration control. Components that are serial number tracked under USCG ACMS should, at the time of receipt, have a blank Component Repair Record (CRR), and a current SCHR attached to the component. 5.1.2 Verify the SCHR and CRR correspond with the P/Ns and S/Ns of the component received. Report all discrepancies to the USCG Contracting Officer prior to performing any work. 5.1.3 Complete the CRR as applicable, describing the work performed and significant parts replaced. 5.1.4 The CRR shall provide a complete description of the work performed, the component status (repaired, overhauled, BER, scrap, etc.) and include, but not limited to: the Contract number, Delivery Order number, CLIN, the Contractor's Work Order number, the date work was completed, any changes to the TSO, and total time, landings, or cycles as applicable. 5.1.5 The information provided in the CRR will be used by the USCG to update the component and assembly SCHRs. 5.1.6 Provide two copies of the completed FAA Airworthiness Form FAA 8130-3 or other FAA authorized forms (e.g. EASA Form 1) and CRR as follows: 5.1.6.1 One copy of the FAA 8130-3 or other FAA authorized forms (e.g. EASA Form 1) and CRR shall remain with the material and are to be returned with the component upon completion of the repair/overhaul. 5.1.6.2 A second copy of the FAA 8130-3, or other FAA authorized forms (e.g. EASA Form 1) or other FAA authorized forms (e.g. EASA Form 1), and CRR shall be mailed to: COMMANDING OFFICER ATTN: ACMS USCG AVIATION LOGISTICS CENTER 1664 WEEKSVILLE ROAD BLDG 63 ELIZABETH CITY, NC 27909-5001 5.1.7 FAA Form 8130-3 and CRR are considered a deliverable under the contract, and noncompliance with instructions here in, will result in the delay or nonpayment of the invoice. 6.0 DELIVERABLES 6.1 Copies of all repair/overhaul, performance, quality, and OEM certifications (e.g. FAA, EASA, OEM, ISO 9000, CASE, etc.) as applicable to the scope and requirements of this SOW, and OEM specifications. 6.2 A current list and status of all OEM Component Maintenance Manuals (CMM), Revisions (Rev), Service Bulletins (SB), Modifications (MOD), Amendments (AMD) and other specifications, updated as required, and applicable to the repair and overhaul of the Coast Guard main and nose wheel assemblies. 6.3 All USCG main and nose wheel assemblies received by the contractor, within the scope of this SOW, that have been inspected, overhauled, modified, and tested, IAW OEM specifications, are to be returned to the USCG in serviceable RFI condition or as otherwise directed by Coast Guard Contracting Officer. 6.4 Two copies of completed CRRs, as required for each main and nose wheel assemblies repaired and/or overhauled within the scope and requirements of this SOW. 6.5 Two copies of FAA Airworthiness Form 8130-3 or other FAA authorized forms (e.g. EASA Form 1) for each main and nose wheel assemblies repaired and overhauled within the scope and requirements of this SOW. 6.6 The Contractor shall provide warranty information. 6.7 Plan of inventory replacement parts to preclude delinquent deliveries. 6.8 Provide a performance plan that addresses the following at a minimum: 6.8.1 Company mission statement, goals and objectives. 6.8.2 Staffing structure for work load management and experience. 6.8.3 Plan of inventory replacement parts to preclude delays. 6.8.4 Management plans for subcontractors participating on a major scale. 6.8.5 Corrective and preventative actions and procedures. 6.9 Provide a delivery schedule. 7.0 F.O.B. POINT F.O.B. Destination is requested as the F.O.B. point for the Deliverables. Proposals submitted offering F.O.B. Origin shall include estimating shipping charges to the government for your proposal to be considered for award. 8.0 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) 9.0 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/or delivery order number. The preferred method for invoice submission is via email: 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) 10.0 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. 11.0 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. 12.0 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. 13.0 PRESERVATION AND PACKAGING INSTRUCTION a) Standards - Preservation and packaging must comply with ASTM D 3951-98 (Approved 8/15/10 issued 9/10), 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. 14.0 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. 15.0 PERIOD OF PERFORMANCE The period of performance shall consist of one base period to begin at time of award through three years and two one-year option periods. The total duration of the contract shall not exceed five years. 16.0 SHIPPING INSTRUCTIONS 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: FIELD STOCK CONTRACT NO. (Assigned at time of award) DELIVERY ORDER NO. (Assigned upon issuance) LINE ITEM NO. (Assigned upon issuance) 17.0 DELIVERY SCHEDULE The Government desires delivery 45 days after receipt of order. Required delivery is 120 days after receipt of order. EARLY DELIVERIES The contractor is requested to ship items completed prior to the required delivery date, if no additional charges are incurred on behalf of the government. 18.0 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 19.0 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. 20.0 RIGHT OF THE GOVERNMENT The Government reserves the right to have these units repaired "in house". 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. 52.209-7 Information Regarding Responsibility Matters (JAN 2011) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "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). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (End of provision) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2011) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov. (b)(1) The Contractor will receive notification when the Government posts new information to the Contractor's record. (2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3)(i) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (End of clause) Alternate I (Jan 2011). As prescribed in 9.104-7(c)(2), redesignate paragraph (a) of the basic clause as paragraph (a)(1) and add the following paragraph (a)(2): (2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011. 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) Offerors should use the attached Quote Worksheet or in separate correspondence indicate nomenclature, NSN, part number, unit price, and extended price for the base periods and all option periods and delivery time. Quotes shall indicate FOB point, any discounts for prompt payment, business size standards and minority classification. Interested parties may submit a quotation which shall include: • 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. 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 Management/Solution/Approach Performance Measures and Metrics Past Performance Price Related Factors (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 expirations 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. Factors 1 and 2 are equal and equal in importance and significantly more important than Factor 3. While the price is an important part of the integrated selection decision, the non-price factors are significantly more important than the price factor. However, as technical proposal become substantially equal, price may be the determining factor in selecting a proposal for award. Any conversations with present or former customers will be documented. (End of provision) 52.212-3 Offeror Representations and Certifications-Commercial Items (APR 2011) Alternate I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. 52.212-4 Contract Terms and Conditions-Commercial Items (JUN 2010) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-A1. 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (OCT 2010) Alternate IV (OCT 2010) 52.216-18 Ordering (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. 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) (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) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 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 30 days; 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. (End of clause) 52.225-8 Duty Free Entry (OCT 2010) 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) 52.247-29 F.O.B. Origin (FEB 2006) 52.247-34 F.O.B. Destination (NOV 1991) (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. 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 (APR 2011) (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) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (9) [Reserved] __ (10)(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. __ (11)(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 (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). X (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. X (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). X (15) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (16)(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. __ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). X (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). __ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). __ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). X (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (24) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (29) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). X (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (31) 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.) __ (32)(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.) __ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (34)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. X (35) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). __ (36) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (37)(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. __ (38) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (39) 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). __ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (42) 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)). __ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (44) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (45) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to- (i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than- (i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (G) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (L) 52.222-54, Employment Eligibility Verification (Jan 2009). (M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. Closing date and time for receipt of quotations is 29 April 2011 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-335-6499, Attention: Kia R. Walton. Electronic submissions may be sent to Kia.R.Walton@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. All questions regarding solicitation must be submitted via email to Kia.R.Walton@uscg.mil. 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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16 -- Overhaul of HU25 Landing Wheels - HSCG38-11-Q-101010 - Quote Sheet