PRESOL | 66 | Calibration test and Repair Services of TMDE - Combined Synopsis/solicitation and attachments 1 -6

FBO DAILY ISSUE OF MAY 27, 2012 FBO #3837
SOLICITATION NOTICE

66 -- Calibration test and Repair Services of TMDE - Combined Synopsis/solicitation and attachments 1 -6

Notice Date: 5/25/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 541380 — Testing Laboratories
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: HSCG38-12-R-500001
Archive Date: 11/26/2012
Point of Contact: William P. Morris, Phone: 2523345038, Gary S Woolard, Phone: (252) 335-6499
E-Mail Address: william.p.morris@uscg.mil, Gary.S.Woolard@uscg.mil
(william.p.morris@uscg.mil, Gary.S.Woolard@uscg.mil)
Small Business Set-Aside: Total Small Business
Description: Attachment 1 - Schedule of Supplies Attachment 3 - ECAS Equipment Attachment 2 - ALC Equipment Attachment 4 - QASP Attachment 5 - Wage Determination Copy of combined Synopsis/solicitation Attachment 6- Past Performance Form 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; proposals are being requested and a written solicitation will not be issued. Solicitation number HSCG38-12-R-500001 is assigned to this procurement for tracking purposes only and is issued as a Request for Proposals (RFP).The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-58. This solicitation is issued as a total Small Business Set-aside. The North American Industry Classification System Code is 541380 and the small business size standard is less than $12.0 million in annual revenue. The Schedule of Supplies / Services is incorporated as Attachment 1 and should be completed and submitted with the Offeror's proposal. This combined synopsis/solicitation is being issued as a total Small Business Set Aside and will result in the award of a single, Commercial Hybrid Indefinite Delivery / Indefinite Quantity (IDIQ) type contract for Calibration Test and Repair Services in accordance with the Statement of Work and contract terms and conditions. The contract will consist of one (1) 12-month Base Period and two (2) 12-month Option Periods. The Hybrid contract will include monthly fixed price delivery orders for calibration and test of equipment and as authorized on a case-by-case basis, time and material delivery orders for equipment repairs. The hourly rate for equipment repairs will be established by the schedule. The Government's intent is to maximize the use of fixed priced delivery orders. The North American Industry Classification System (NAICS) Code is 541380. This requirement is a total (100%) Small Business Set Aside in accordance with FAR 19.502-2, and only those firms meeting the size standard will be considered. This is a Solicitation for Commercial Items prepared in accordance with the format in FAR Part 12, Acquisition of Commercial Items as a best value procurement. For questions concerning this solicitation contact Mr. Patrick Morris, Contract Specialist at 252-334-5038 or via email at william.p.morris@uscg.mil. Statement of Work Calibration Test and Repair Services of Test, Measurement and Diagnostic Equipment 1.0 INTRODUCTION This statement of work (SOW) outlines the requirements necessary to provide services to include calibrating, testing and repairing of the test, measurement and diagnostic equipment (TMDE) owned by and utilized at the United States Coast Guard (USCG) Aviation Logistics Center (ALC) and Elizabeth City Air Station (ECAS) in Elizabeth City, North Carolina. Section 7.0 contains a list of definitions applicable to this SOW. 1.1 Scope The required services include testing, calibrating, repairing, modifying, certifying, storing, safeguarding, transporting and performing traceable measurement documentation. The types of services to be performed include, but are not limited to, incidental repair maintenance, adjustments, and major repairs. The current scope of work is contingent upon supporting the equipment identified in Attachment 2, the ALC's AUTOMATED TOOL INVENTORY CONTROL AND TRACKING SYSTEM (ATICTS) data base and Attachment 3, the ECAS data base both documents are provided for information purposes. Attachment 2 and Attachment 3 include both non-portable and portable equipment located at various tool rooms, buildings and shops throughout the ALC and the ECAS facilities. The attached listings may not be all inclusive and are included for estimating purposes only. 1.2 References and Standards 1.2.1 The Contractor will be responsible to obtain, maintain and comply with the most current version of the following references and standards for calibration and repair procedures in accordance with the standards, procedures and intervals specified in each technical order (TO). The references are listed in order of importance. • Air Force Technical Order (AFTO) 33K-1-100-1 Calibration Manual • Air Force Technical Order (AFTO) 33K-1-100-2 AFCAV • Metrology Requirements List NAVAIR 17-35MTL-1 • Original Equipment Manufacturers (OEM) Maintenance and/or Repair Manual • Government and Industry Data Information Exchange Program (GIDEP) 1.2.2 In the event a deviation from the order of precedence listed above is necessary, the Contractor is to provide a written request for deviation to the Contracting Officer's Representative (COR) and Alternate Contracting Officer's Representative (ACOR) for review and written approval or disapproval. The Contractor shall not proceed with any deviations to the order of precedence without written approval from the COR or ACOR. 1.2.3 The Offeror shall have the ability to receive updated calibration and repair procedures, intervals, guidelines and requirements throughout the life of the contract. These updates can be obtained via electronic format or paper copy, whichever is applicable. Only the most current information shall be used in the performance of this contract. 1.2.4 The Offeror's proposal will address an Off-Site Calibration Laboratory with the capability to calibrate and repair both portable equipment at the Contractor off-site facility and non-portable equipment on-site at the USCG facilities. The Calibration Laboratory must be certified and accredited per paragraph 2.2. It is desired, but not required for the Offeror to have a Calibration Laboratory located within a 250 mile radius of the USCG Base Elizabeth City, NC. 1.2.5 With the exception of the items noted as Government Furnished Equipment, the Contractor shall provide all personnel, equipment, tools, materials, management, supervision and other items and services necessary to perform calibration and repair services for the tools and equipment listed in Attachments 1 and 2. 1.2.6 All calibrations performed shall be traceable to the National Institute of Standards and Technology (NIST). 1.3 Calibration Cycle/Interval 1.3.1 The Calibration cycle shall be as specified in the applicable documents listed in paragraph 1.2.1. Calibration intervals shall be in accordance with Air Force 33K-1-100-2 AFCAV, unless otherwise specified in writing by the Government. If the calibration intervals are not available in the Air Force 33K-100-2 AFCAV, the Contractor shall use the General Calibration Technical Orders listed in the Air Force 33K-1-100-1. The Government reserves the right to have a unit calibrated at a lesser or greater frequency and such changes shall be approved by the Engineering Services Department (ESD) Engineering Officer (EO), Aviation Logistics Center (ALC). The Government retains the right to inspect all calibration standards used to calibrate equipment in accordance with this SOW, at any time to verify that the applicable standards are being used. 1.4. Handling The Contractor shall ensure, and be held liable for, the safety of instrumentation and documentation during pickup, shipping, and delivery. With the exception of broken equipment, all instrumentation shall be returned in as-found condition. 2.0 SERVICE 2.1 General Requirements 2.1.1 All calibration and repair services performed under the contract shall be rendered by individuals fully qualified in the relevant profession, trade or field, and shall hold any licenses or certifications required by law and renewed accordingly. 2.1.2 The Contractor shall maintain an adequate working stock of parts to perform timely repair of common TMDE routinely calibrated or repaired. 2.1.3 The types of calibration measurements to be performed include, but are not limited to DC voltage, DC resistance, DC current, AC voltage, AC current, mass, pressure, temperature, humidity, capacitance, inductance, frequency, torque, dimensional flatness, length, angle, and thread. 2.1.4 The Offeror shall have the capability to perform on-site calibration and repair services on non-portable equipment located at the USCG Elizabeth City facility. These services must be completed within the hours of 7:00 a.m. (0700) and 3 p.m. (1500) Eastern Time. Examples of non-portable equipment are ovens, hydraulic test benches, freezers, and battery charge. Non-portable equipment represents less than two (2) percent of the equipment listed in Attachments 1 and 2. 2.1.5 Return receipt of TMDE from the off-site facility will be performed by the authorized tool room attendant. 2.1.6 Equipment returned via commercial carrier shall be addressed to: US Coast Guard ALC Receiving Bldg 63 Attn: Mr. Ray Mizelle ESD PQA 1664 Weeksville Rd., Bldg 78 Elizabeth City, NC 27909 2.1.7 All TMDE shall be maintained and repaired to ensure compliance with original equipment performance specifications. 2.2 Certification The Contractor shall have and maintain at least ONE of the following certifications or accreditations: • ISO 17025 Certification, • American National Standards Institute/National Conference of Standards Laboratories (ANSI/NCSL) • Z540 accreditation OR Joint Naval Audit Certification (JNAC). 2.3 Calibration Identification The Contractor shall tag all calibrated tooling and equipment by affixing a calibration decal to the equipment. Decals shall be of sufficient size to be easily read by the naked eye. The decal shall show the Identification Number (ID#) or ATICTS number of the Tool/Equipment, date of calibration (day, month, year), date due for calibration (day, month, year), and include legible initials of the certifying technician. The tools shall have the existing calibration decal (old) removed and the new decal affixed in the same location, if possible. 2.3.1 Decals shall be applied in such a manner that will not cause damage to the equipment at a later date when the decal is removed. 2.3.2 Decals shall not be applied to the glass or plastic meter faces of electrical/electronic equipment or the screen of an oscilloscope. If necessary, a label on a panel meter face shall not obstruct the view of the scale. 2.3.3 Calibrated equipment that is too small for a decal application shall be tagged by attaching a decal by string to the tool/equipment with an additional decal affixed to the tool/equipment's storage container. 2.3.4 The Contractor shall only use USCG provided tool identification numbers. If a tool does not have an identification number assigned to it, the Contractor shall notify the applicable COR/ACOR who will provide an Identification Number (ID#) or ATICTS number. Tool identification numbers shall not be reused. 2.3.5 Limited use TMDE shall be labeled with a yellow calibration decal with all required data and limited usage range. 2.3.6 If equipment fails calibration, and is to be returned to the Government in its failed state, a decal or tag shall be attached to equipment, which identifies the item as failed and briefly state why and how the equipment was rejected. 3.0 TMDE PICK-UP/DELIVERIES 3.1 Schedule 3.1.1 The non-emergent turnaround time for an instrument calibration not requiring repair will be ten (10) business days from the date of scheduled pick-up / drop-off. 3.1.2 Contractor pickup/drop-off of equipment shall be performed every Tuesday and Thursday between the hours of 7:00 am (0700 hours) and 3:00 pm (1500 hours) Eastern Time. In the event that the above mentioned days should fall on a holiday, the scheduled pickup/drop-off may be rescheduled. The Offeror may propose a different pickup/drop-off schedule that is equal to or better than twice weekly. 3.1.3 Contractor pickup/drop-off of equipment shall be conducted at the following locations: ALC: 1. Five (5) ALC tool rooms and Shop 233 located in Building 63; 2. Tool rooms located in each of the following areas: Buildings 75, 79, 100 and; 3. Two (2) tool rooms located in the Heavy Maintenance Facility (HMF) Hangar, these tool rooms are located in an offsite facility adjacent to ALC. ECAS: The AMO office, southwest side of Hangar 49 (H60 Hangar). 3.1.4 The Contractor must notify the COR/ACOR in writing via electronic mail (e-mail) of the items that will not be returned within the allotted time at least two (2) days prior to any intended changes in the scheduled pick-up/drop-off run. The e-mail addresses for the COR/ ACOR will be provided upon contract award. 3.2 Emergency and Priority Calibrations 3.2.1 Emergency and priority calibrations may require faster turnaround times with no additional charge to the Government. The Government will furnish the shipping arrangements and assume all additional shipping charges should a commercial shipping company be needed. (i.e. UPS/FEDEX). Based on historical data, less than one (1) percent of the calibrations will be considered emergency or priority calibrations. 3.2.2 The Contractor will be required to respond to emergency and priority calibrations situations. Emergency Calibrations must be performed and returned within 24 hours. Priority Calibrations must be performed prior to all other scheduled calibrations and returned within 2 working days. The Offeror's proposal shall describe in detail how these situations will be handled. 4.0 DELIVERABLES 4.1 All reports shall be submitted in Microsoft Office 2007 or earlier version format. 4.1.1 The Contractor shall provide a written failed calibration report on all TMDE that has failed calibration. The report shall include information describing the tool or equipment that failed (i.e. serial number and nomenclature), the procedure used, procedure step number, function tested (Frequency Response at 100MHz for example) nominal value, first measured value, lower tolerance, upper tolerance. A failure report shall be submitted via email to the COR and ACOR for review by the close of business on the same work day that the equipment failed. 4.1.2 At the request of the Government the Contractor shall submit a written repair estimate report for the equipment that failed calibration at no additional cost to the Government. The repair estimate report shall be submitted to the COR and ACOR via email within 10 business days from the date the Government requested the repair estimate. The estimate shall include an estimated number of labor hours, itemized breakdown of materials with part numbers traceable to the original equipment manufacturer (OEM) and prices necessary to repair, calibrate and return the equipment to serviceable condition. The Government shall be given the opportunity to provide all materials / parts needed for repairs performed on-site at the USCG facility or off-site at the Contractor's location(s). A list of the required parts traceable to the OEM shall be provided in the Contractor's repair estimate. 4.1.3 The Government will review the repair estimate report and notify the Contractor whether the repair is approved or disapproved within 10 business days of receiving the repair estimate report. If approved, the Government will provide written disposition instructions to the Contractor by issuance of a delivery order to authorize the repairs. Identification instructions for unrepaired equipment can be found in paragraph 2.5.6. 4.1.4 If a failed TMDE cannot be fully repaired, the Contractor may recommend the item be used in a limited status. The Contractor shall submit written recommendations to COR and ACOR stating reason for limited use and limited use range. The Government will review and either approve or disapprove prior to responding to Contractor. If approved, recommendation must be signed by the USCG ALC, Engineering Services Division, Engineering Officer, ALC. 4.1.5 The Contractor shall submit two (2) separate monthly reports, one for ALC and one for ECAS. Each monthly report shall include all TMDE calibrated that month for the applicable command and shall be in the format specified below: 4.1.5.1 The Contractor generated monthly reports shall be in Microsoft Excel format, editable and submitted to the applicable COR (ALC or ECAS) on an electronic compact disc (CD). The spreadsheet should identify all TMDE, which has passed, failed and previously failed but repaired items, and listed by nomenclature, model number, serial number, ATICTS number, date calibrated/repaired, date due, shop number and total costs involved (per item). The Contractor shall ensure the spreadsheet information corresponds with the information on the tool calibration stickers/decals. 4.1.5.2 The Contractor shall submit expanded data reports at no additional cost to the Government. Approximately six (6) percent of the items calibrated will require an expanded data report, examples of equipment requiring expanded data reports include accelerometers, gage blocks, vibration transducers, and load cells. 4.1.5.3 A daily record of environmental conditions for the off-site laboratory shall be included in the monthly report. These environmental records will be subject to random on-the spot inspections by the COR/ACOR. 4.1.5.4 The monthly report CD shall include copies of all calibration certificates (passed and failed) and the associated failed calibration reports. The calibration certificates and failed calibration reports will be in separate folders on the monthly report CD. 4.1.5.5 When applicable the monthly report CD shall also include the Vendor Overdue Status Report. This report shall be submitted on all items not returned to the USCG within the 10 day allotted turnaround timeframe. (i.e. repair item awaiting parts) 4.1.5.6 The Contractor shall provide the monthly reports to the applicable COR once a month and no later than 10 business days following the end of the month. 4.1.5.7 All work not completed by the contract's ending date must be listed in a report to the Contracting Officer (KO). The report shall list the equipment, all problems, reason for delay and estimated completion date and cost. The report shall be submitted no later than one day after the closing date of the contract and each option period. The KO shall determine whether work shall be completed by the Contractor or returned un-repaired. 5.0 QUALITY ASSURANCE REQUIREMENTS 5.1 In the event repaired and/or calibrated equipment is found to be defective or non-conforming to contract requirements, re-performance of the calibration and/or repair may be required in which equipment will be returned to the Contractor via a no-cost delivery order for rework at no additional cost to the USCG. 5.2 In order to monitor compliance with the contract requirements, a Government Quality Assurance Surveillance Plan (QASP), Attachment 4, will be employed to assess Contractor performance throughout the life of the contract. The methods of surveillance that will be used by the Government include, but are not limited to the following: 5.2.1 The Government reserves the right to perform random, unannounced surveillances and quality assurance inspections of the Contractor's facility, as deemed necessary, to determine rendered services conform to contract requirements. 5.2.2 For internal trend analysis purposes the Government will monitor the failed calibration / rejection levels per month by percentage. 5.2.3 International Organization for Standardization (ISO) auditors may conduct audits and/or process reviews as deemed necessary by the Government. The COR and/or ACOR will be present during any ISO reviews. 5.2.4 Customer Satisfaction Surveys may be submitted by the Customer (i.e. tool rooms and shops) at any time. All survey documentation shall be maintained by the Government as official contract management data. 5.2.5 To ensure equipment calibration intervals stated in AFCAV are being followed, the Government tool room personnel will conduct calibration interval verifications when tools are returned from the calibration lab. 5.2.6 The Contractor is responsible for reporting any tool quality issues found during equipment calibration or repair to the COR or other Government representative. 5.2.7 The Government will brief the Contractor on surveillance requirements as stated above and in the QASP at the post award conference. The briefing shall not be considered as a substitute for the Contractor fully understanding the requirements of this solicitation at the time proposals are submitted, nor is it to be used to alter the Offeror's final proposal arrived at in any negotiation leading to the contract award. 6.0 SPECIAL REQUIREMENTS 6.1 Security 6.1.1 The Contractor shall have and maintain the necessary requirement(s) required by the U.S. Air Force to access the AFCAV program. The Offeror's proposal shall describe the method(s)/means used to stay abreast of updated calibration procedures, intervals, guidelines and requirements. 6.1.2 The Contractor shall provide a list of names of all employees to COR prior to the contract start day. The list shall be updated, as necessary. The Contractor shall also be responsible for furnishing a copy of the employee background checks (criminal and financial) for any Contractor employee requiring admission to the US Coast Guard facilities to perform work under this contract. The background checks shall be equivalent to the National Agency Check (NAC) or higher. Prior to an employee beginning work on the US Coast Guard Base, Elizabeth City, the Contractor shall certify on company letterhead and signed by the CEO or designated representative (Security Officer, Personnel/HR Specialist, etc.) that a national financial and criminal background check has been conducted and that there are no negative findings. If there are any negative or criminal offenses found in the background check, then the Contractor shall explain why these findings will not impact the hiring of this individual and the Company will take full responsibility for the hiring decision. Any negative findings acquired by the Contracting company on the proposed employee must be reported immediately to the appropriate Government representative COR, ISSO and Chief of the Contracting Office, COCO and Government will mutually agree upon the hiring decision. All background investigations must be completed prior to commencing work under this contract. 6.1.3 Contractor employee requiring admission to the US Coast Guard Base, Elizabeth City will be required to obtain an ALC badge. This badge along with another picture ID will allow the employee to gain access onto the base. Additionally, Contractor personnel are only allowed in buildings where official contract business is necessary during their visit on the US Coast Guard Base, Elizabeth City. 6.1.4 Although contents of this contract or information concerning tools, hazardous chemicals and processes are not classified information, such information is to be considered "sensitive" For Official Use Only (FOUO) information. Employees shall be aware that divulging information without proper authority could negatively impact contractor performance. 6.2 Base Compliance 6.2.1 Contractor personnel shall comply with all local base regulations, instructions, directives, orders and special procedures as promulgated by the Commanding Officer, U.S. Coast Guard BSU, Elizabeth City and ALC. 6.2.2 The Contractor shall not bring chemicals on base without prior approval from the COR who will have gained approval through the Environmental Protection Branch at the U.S. Coast Guard Base Support Unit (BSU), Elizabeth City, NC. The Contractor must follow all current BSU and ALC hazard chemical/waste instructions while on board complex. 6.2.3 The Contractor shall ensure all vehicles driven on the installation both Contractor owned and privately employee owned, used in performance of the contract are registered with the U.S. Coast Guard BSU, Command Security Office, Building 35, in conformance with local procedures in effect at the time of registration. The Government will not permit access to the installation without proper vehicle identification. Evidence of a valid driver's license, vehicle registration card, state safety inspection certification, Government provided ID card, and proof of insurance are required for registration. The Contractor shall ensure all installation-issued decals are removed from the vehicles and returned to the installation security office at completion of the contract, termination/completion of employment, or a change in vehicle used for access to the installation. Insurance shall be maintained on all vehicles brought onto the installation property, including rental vehicles. 6.3 Communication All official communications shall be through the COR, ACOR, Contract Specialist (CS) or Contracting Officer (KO) only. 6.4 Government Property 6.4.1 If necessary, the platform weight and balance scales utilized by ALC's Operations Division shall be transported to and from the off-site calibration facility in specifically constructed reusable protective boxes provided by ALC. This equipment shall not be removed from the USCG ALC complex without the approval from the COR/ACOR and issuance of requisition and appropriate shipping document (DD-1149) prepared by the applicable tool room. 6.4.2 Government equipment shall not be removed from the USCG ALC / ECAS complex without the approval of the COR/ACOR and issuance of a requisition and appropriate shipping document (DD-1149). An ATICTS inventory form may be used as an attachment to the DD-1149. 6.4.3 During the time that Government equipment is in the possession of the Contractor, the Contractor shall ensure that all Government equipment is segregated at the Contractor's place of business and is handled separately from other work in process. 6.4.4 The Government may perform random inventory audits of all Government equipment in the possession of the Contractor. 6.4.5 The Government retains the right to perform the required calibration services/major repairs, on those items listed in Attachments 1 and 2, by utilizing in-house capabilities or other commercial/ Government services. 7.0 DEFINITIONS Automated Tool Inventory Control and Tracking System (ATICTS): Computer formatted program used by ALC to track calibrated tools and equipment. Awaiting Government Action (AGA): Test, Measurement and Diagnostic Equipment (TMDE) in the Contractor's possession but is: a. Awaiting Government Evaluation b. Awaiting resolution of technical data discrepancy/deficiency c. Awaiting Government action to correct deficiencies that prevent the Contractor from completing the unit of work. Awaiting Parts (AWP): Parts that are on order for specific requirement. Beyond Economical Repair (BER): Determined by evaluating the percentage of cost for repair compared to the cost for a replacement. Calibration: Adjusting or standardizing systematically the graduations of a quantitative measuring instrument. DD-1149 Form: Requisition and Invoice/Shipping Document. Emergency Calibration: A calibration that must be performed and returned within 24 hours. Expanded Data Report: Is a report that documents up to 10 calibration data points. These reports will be provided and included for Accelerometers, Gage Blocks, Vibration Transducers, and Load Cells. Failure Report: A report stating information on failed TMDE. FOUO: For Official Use Only (defined in the PWS) Incidental Repairs: A repair that consists of adjustments to enable the proper calibration at no charge to the Government. Limited Calibration: An item that will not pass a full calibration. If an item passes a single range, it can be marked a "Limited Calibration" and used for a specific purpose within the approved range. (see 2.5.5) Limited cal items shall be segregated from other full cal items. Priority Calibration: A calibration that needs to be performed prior to all other scheduled calibrations and returned within 2 working days. Major Repairs: A repair required to accomplish calibration that does not fall within the definition of incidental repairs shall be considered a major repair. Repair Estimate: Written estimate to repair a failed TMDE. Repair estimate is to be broken down into subcategories of a list of required parts using OEM part numbers, cost of parts required and labor rate costs. Repair Labor Rate: Rate charged on an hourly basis for completing repairs that are performed by the Contractor, a subContractor, or an affiliate. Hourly Rates include wages, overhead, G&A and profit. Separate Rates are not required for prime Contractor labor, subContractors, and affiliates. Test: Comparison between items of equipment, one of which is a measurement standard of known accuracy after a calibration has been preformed. Travel: Transportation of TMDE to and from the Offeror's Off-site Laboratory for Calibration and/or repairs. All travel costs are to be absorbed by the Offeror. Verification: Confirmation through examination of a given item and provision of objective evidence that it fulfils specified requirements. 8.0 COMPLIANCE WITH LOCAL REGULATIONS, INSTRUCTIONS, DIRECTIVES. The Contractor personnel shall comply with all local base regulations, instructions, directives, orders and special procedures as promulgated by the Commanding Officer, U.S Coast Guard Base Elizabeth City, NC and ALC. Vehicle Registration: If applicable, the Contractor shall ensure all Contractor-provided vehicles in performance of the contract and Contractor employee's vehicles to be driven on the installation, to include motorcycles, are registered with the USCG, Command Security Office, Building 35, in conformance with local procedures in effect at the time of registration. The Government will not permit access to the installation without proper vehicle identification. Evidence of a valid driver's license, vehicle registration card, state safety inspection certificate, Government provided ID card (if applicable), and proof of insurance are required for registration. The Contractorshall insure all installation issued decals are removed from the vehicle and returned to the installation security office at completion of the contract, termination/completion of employment, or a change in vehicle used for access to the installation. Motorcycle owner/operators shall comply with all installation requirements. The Contractor shall maintain insurance on all privately owned vehicles (POV), the Contractor shall maintain insurance on all Contractor-owned vehicles brought on the installation property, including rental vehicles. Parking and Traffic Control: The Contractor shall abide by installation parking regulations. All vehicles shall be parked in designated parking areas only. The Contractor and its employees shall conform to state and federal driving regulations and any applicable Coast Guard regulations. Contractors are prohibited from performing inherently Governmental jobs listed in the 1998 Federal Activities Inventory Reform Act including administering contracts and determining which services or supplies the Government should buy. An inherently Governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to-- Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; • Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; • Significantly affects the life, liberty, or property of private persons; • Commission, appoint, direct, or control officers or employees of the United States; or • Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of appropriated and other federal funds. • Contractors providing support to CG-41 shall comply with all Headquarters regulations, instructions, directives, orders, and special procedures as promulgated by the Commandant, U.S. Coast Guard, Washington DC. TOBACCO POLICY: The Coast Guard prohibits the use of smoking tobacco and smokeless tobacco in the workplace in order to protect the health of all its workers. The workplace includes any area inside a building or facility over which the Coast Guard has custody and control where work is performed by active duty personnel, civilian employees, or personnel under contract to the Coast Guard. The use of tobacco is prohibited in all Coast Guard Government vehicles (including Cushman type), in all Coast Guard aircraft, floating unit, or any other aircraft contracted for use in the Coast Guard. The use of tobacco products (smoking and smokeless) is permitted only in designated areas as defined in ALC Instruction 6280.1E (2) (c) (1-4). Contractors may only use tobacco products in designated smoking areas during Government authorized division and/or shop break and lunch periods and are accountable for appropriately discarding their smoking material and/or spit tobacco. Tobacco spit and residue shall be held in containers with sealing lids to prevent odor and accidental spills and disposed of in a sanitary manner which prevents public exposure. Contractor employees found abusing the Tobacco Policy shall be subject to removal. 9.0 REQUIRED INSURANCE The Contractor shall procure and maintain insurance during the entire period of performance under this contract, in accordance with FAR 52.228-5, entitled "Insurance - Work on a Government Installation". The following minimum insurance is required. (a) Worker's compensation and Employer's Liability. As required by applicable Federal and State worker's compensation and occupational disease statutes. (b) General Liability: Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $200,000 per person and $500,000 per occurrence. (c) Automobile Liability Insurance: Written on the comprehensive form of policy of at least $200,000 per person for bodily injury and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. Prior to commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government shall not be effective until thirty days after written notice has been given and approved by the Contracting Officer. 10.0 INSPECTION/ACCEPTANCE Inspection / acceptance shall be in accordance with the Statement of Work. 11.0 MARKING AND PACKAGING OF SHIPMENT Marking of shipments shall be in accordance with the Statement of Work. Preservation, packaging and packing shall be in accordance with the Statement of Work. 12.0 DELIVERY/PERFORMANCE Delivery/performance shall be in accordance with the Statement of Work. 13.0 GOVERNMENT FURNISHED MATERIAL (GFM) Requests for Government Furnished Material. The USCG reserves the right to provide to the Contractor Government Furnished Material (GFM) should it be determined to be in the best interest of the Government. The Contractor shall provide all parts, labor, tooling, test equipment and facilities necessary to perform calibration and repairs of tools and equipment listed in Attachment 2 and 3, this list is not considered all inclusive. The Contractor may receive equipment with components having a different part / serial number than what is shown in the Attachment 2 and 3. 14.0 WARRANTY Warranties shall be in accordance with the Statement of Work. 15.0 QUALITY ASSURANCE Quality Assurance shall be in accordance with the Statement of Work. 16.0 PLACE OF PERFORMANCE The place of performance is the Contractor's facilities and US Coast Guard Base Elizabeth City, NC. 17.0 F.O.B. POINT Delivery shall be F.O.B Destination from Contractor facility to U.S. Coast Guard Aviation Logistics Center, Heavy Maintenance Facility Hangar or Elizabeth City Air Station. 18.0 PERIOD OF PERFORMANCE The period of performance for this contract is a base period of one (1) year to begin at time of award, with two (2) 1-year option periods. The total duration of this contract may not exceed three (3) years. 19.0 CONTRACT ADMINISTRATION DATA Contract administration will be performed by: USCG Aviation Logistics Center Engineering Services Division Contracting Officer, Bldg 78 1664 Weeksville Road Elizabeth City, NC 27909 20.0 CONTRACTING OFFICER'S AUTHORITY No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. 21.0 CONTRACTING OFFICER'S REPRESENTATIVE (COR) The Contracting Officer hereby designates the following individual as the primary Contracting Officer's Technical Representative (COR) for this contract. To be identified at contract award In the absence of the primary COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the primary COR. The Contracting Officer hereby appoints the following individual as the alternate COR: To be identified at contract award The COR will act as the Contracting Officer's representative for technical matters (only), providing technical direction and discussion as necessary with respect to the statement of work, monitoring the progress and quality of the Contractor performance. The COR is not a Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, quality, place of performance, delivery schedule, personal services, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract. It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Contractor and any other person effective or binding on the Government. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor (under such direction) unless the Contracting Officer has issued a contractual change or otherwise resolved the issue. 22.0 INVOICES: Invoices may be submitted electronically to ALC-Fiscal@uscg.mil (preferred method) or submitted via mail to: Chief, Fiscal Branch USCG, ALC 1664 Weeksville Road Elizabeth City, NC 27909 Payment Status - 252-335-6852 Invoices must reference the contract number and applicable delivery order number (assigned at issuance). 23.0 POINT OF CONTACT All questions pertaining to contractual issues shall be addressed to Mr. Patrick Morris, (252) 338-5038 or william.p.morris@uscg.mil. 24.0 ORDERING The following Activities are the only two commands authorized to place delivery orders against this contract. USCG, Aviation Logistics Center Elizabeth City, NC 27909-5001 USCG, Air Station Elizabeth City Elizabeth City, NC 27909-5001 25.0 REPORTING REQUIREMENTS Reporting requirements shall be in accordance with the Statement of Work. 26.0 SPECIAL CONTRACT CONSIDERATIONS Exercise of Options As prescribed in FAR 52.217-9 Option to Extend the Term of the Contract, and subject to FAR 52.232-19 Availability of Funds for the Next Fiscal Year, the US Coast Guard may require the services provided by this contract during the period(s) identified in the Schedule of Supplies/Services. Exercise of any option period is the unilateral right of the Government. 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 Government 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 applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. 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: COMMANDANT (CG-9131) U S COAST GUARD OMBUDSMAN PROGRAM FOR AGENCY PROTESTS 2100 2ND ST SW STOP 7112 WASHINGTON DC 20593-7112 The Ombudsman Hotline telephone number is 202.372.3695. CONTRACT CLAUSES: CLAUSES INCORPORATED BY REFERENCE 52.211-15 52.212-4 52.237-2 52.245-1 52.246-4 52.246-6 52.247-34 52.253-1 Defense Priority and Allocation Requirements Contract Terms and Conditions--Commercial Items Protection of Government Buildings, Equipment, and Vegetation Government Property Inspection of Services - Fixed Price Inspection of Services - Time and Material and Labor Hour F.O.B. Destination Computer Generated Forms APR 2008 FEB 2012 APR 1984 APR 2012 AUG 1996 MAY 2001 NOV 1991 JAN 1991 CLAUSES INCORPORATED BY FULL TEXT 52.209-7 Information Regarding Responsibility Matters. (Feb 2012) (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 via https://www.acquisition.gov (see 52.204-7). 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008); DO-A1 Rating 52.212-4 Contract Terms and Conditions-Commercial Items Alternate I (Oct 2008). CLINS 0002 and 0004 of the base year and any option years are covered by Alt 1. (i)(ii)(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: None. (2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: None. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2012) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___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.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (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). X (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). X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 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). __ (11) [Reserved] X (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(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 (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(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. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(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. __ (20) 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). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (34) 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.) __ (35)(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.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(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 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Mar 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (42) 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). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 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)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(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.] X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). X (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.). In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees 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 23181 22.38 23182 23.53 23183 24.70 X (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." 52.215-6 Place of Performance (Oct 1997) (a) The Offeror or respondent, in the performance of any contract resulting from this solicitation, ____ intends, ____ does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the Offeror or respondent as indicated in this proposal or response to request for information. (b) If the Offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: Place of Performance (Street Address, City, State, County, ZIP Code) Name and Address of Owner and Operator of the Plant or Facility if Other than Offeror or Respondent 52.216-1 Type of Contract (Apr 1984) The Government contemplates awarding one Commercial Hybrid Indefinite Delivery / Indefinite Quantity Type contract with issuance of firm fixed price and time and material delivery orders resulting from this solicitation. The Government anticipates issuance of individually funded firm fixed price delivery orders on a quarterly basis for Calibration Tests. Repairs will be authorized on a case-by-case basis dependent on Repair Report and Repair Estimates. Wage Determination 05-2543 Rev 13 dated 6/17/2011 is incorporated and included as Attachment 5. The contract will consist of one (1) 12-month Base year and up to two (2) 12-month Option years, if exercised by the Government. 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through contract expiration. (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. 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (1) The guaranteed Minimum Quantity for the base year to be ordered by the Government is 400 each of the estimated quantity for Contract Line Item Number (CLIN) 0001 and 0004. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of 450 per month; (2) Any order for a combination of items in excess of 450 per month ; or (3) A series of orders from the same ordering office within 30 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. N/A (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. 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) 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 Contract Expiration. 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition. (Feb 2007) (a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract for CLINS 0002 and 0004 resulting from this solicitation. (b) The Offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The Offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by- (1) The Offeror; (2) SubContractors; and/or (3) Divisions, subsidiaries, or affiliates of the Offeror under a common control. 52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 52.217-8 Option to Extend Services (Nov 1999) Within 30 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 3years. 52.228-5 Insurance-Work on a Government Installation (Jan 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subContractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subContractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 52.232-19 Availability of Funds for the Next Fiscal Year. (Apr 1984) Funds are not presently available for performance under this contract beyond 30 September 2012. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 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. 52.233-2 Service of Protest (Sep 2006) (a) Protest, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgement of receipt from: USCG Aviation Logistics Center Gary Woolard, Contracting Officer 1664 Weeksville Road Bldg 63 Elizabeth City, NC 27909-5001 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 52.252-2 Clauses incorporated by reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html HOMELAND SECURITY ACQUISITION REGULATION (HSAR) PROVISIONS AND CLAUSES Incorporated by Reference: The full text of a clause may be accessed electronically at this/these address(es) http://farsite.hill.af.mil/VFHSARA.HTM The full text of any of the provisions or clauses will be provided upon written request to the Contracting Officer. The following HSAR clauses are incorporated: HSAR 3052.204-71 Contractor Employee Access (Jun 2006) HSAR 3052.222-90 Local Hire (USCG) (Jun 2006) HSAR 3052.242-72 Contractor Officer's Representative (Dec 2003) Homeland Security Acquisition Regulation (HSAR) 48 CFR 3009.104-75 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent' for ‘at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. (f) Disclosure. The Offeror under this solicitation represents that [Check one]: _it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; _it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or _it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS The following documents are provided as Attachments to this contract: Attachment 1 Schedule of Supplies / Services Attachment 2 List of ALC's Test, Measurement and Diagnostic Equipment Attachment 3 List of ECAS's Test, Measurement and Diagnostic Equipment Attachment 4 QASP Attachment 5 Wage Determination 05-2543 Rev 13 dated 6/16/2011 Attachment 6 Past Performance Reference Sheet 52.212-3 Offeror Representations and Certifications-Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications-Commercial Items (Apr 2012) An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically via https://www.acquisition.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. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional Government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The Offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the Offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offeror must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The Offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the Offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The Offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents that it o is, o is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the Offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The Offeror represents that- (i) It o is,o is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The Offeror represents that- (i) It o is, o is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The Offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the Offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents that it o is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business Offeror may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by Offeror or first-tier subContractors) amount to more than 50 percent of the contract price:____________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the Offeror desires a benefit based on its disadvantaged status.] (i) General. The Offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The Offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The Offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) HUBZone small business concern. [Complete only if the Offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The Offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The Offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The Offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the Offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the Offeror with respect to this contract, the Offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The Offeror need not report regularly employed officers or employees of the Offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The Offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The Offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The Offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The Offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The Offeror certifies, to the best of its knowledge and belief, that the Offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local Government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the Offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The Offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The Offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The Offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the Offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the Offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the Offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subContractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The Offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the Offeror (or subContractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The Offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the Offeror (or subContractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the Offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the Offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the Offeror if the Offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the Offeror is required to provide this information to a central Contractor registration database to be eligible for award.) (1) All Offeror must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the Offeror relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the Offeror TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign Government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign Government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the Offeror certifies that the Offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the Offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The Offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the Offeror- (i) Represents, to the best of its knowledge and belief, that the Offeror does not export any sensitive technology to the Government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the Government of Iran; and (ii) Certifies that the Offeror, or any person owned or controlled by the Offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The Offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision: (12) (Complete if the Offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.) [The Offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. 52.212-1 INSTRUCTIONS TO OFFEROR - COMMERCIAL ITEMS (Feb 2012) is hereby incorporated by reference and is tailored with the following addendum: SUBMISSION INSTRUCTIONS: Offers shall be arranged in separate sections to address the following items as stated in the evaluation criteria: - Technical/Quality Approach - Management - Past Performance - Price (using the Schedule of Supplies/Services) The date and time for receipt of offers is ¬ June 25, 2012 at 1300. Offers must be signed and dated. Due to the potential file size, emailed proposals will not be accepted. The Offeror proposal shall include a completed schedule of supplies / services (Attachment 1), all required evaluation submittals, completed FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (APR 2012), ALT I (APR 2011), any provisions within the solicitation that have fill-ins and shall fully address each of the evaluation factors. The Offeror shall ensure the Past Performance Questionnaire is submitted by at least two references to william.p.morris@uscg.mil by the closing date and time of the solicitation. The Offeror proposal shall be submittedin the following format, Font: Times New Romans, Font size: 12, spacing: single, all margins: 1" and the Offeror is limited to no more than twenty (20) typed pages. Please do not submit any company manuals or other extraneous materials. Please submit four (4) signed and dated hard copies of the proposal to the address below no later than the closing date and time of this solicitation. One hard copy of the pricing proposal is to be submitted as a separate document. USCG Aviation Logistics Center Attn : Gary Woolard / Patrick Morris ALD, Bldg 63 1664 Weeksville Rd Elizabeth City, NC 27909 The Offeror agrees to hold the prices in its offer for 90 calendar days from the date specified for receipt of offers. All questions regarding this solicitation must be submitted in writing to william.p.morris@uscg.mil no later than June 18, 2012 @ 13:00. End of 52.212-1 ADDENDUM SOURCE SELECTION PROCEDURES & CRITERIA 52.212-2 Evaluation - Commercial Items (Jan 1999) (a) The Government will award one contract resulting from this solicitation to the responsible small business Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Non price factors when combined are significantly more important than total price. This is a best value procurement. (b) The Government intends to evaluate proposals and make award without discussions. (c) This solicitation is a total small business set aside. (d) The following factors shall be used to evaluate offers: -Technical / Quality Approach -Management -Past Performance -Price Failure to comply with the minimum terms and conditions of this solicitation may result in removal of the Offeror's proposal from further consideration for award. Only one contract will be awarded as a result of this solicitation. The proposal should be written so that logistics and engineering oriented personnel can make a through proposal evaluation and arrive at a sound determination as to whether the approach meets the requirements of this solicitation. The Government reserves the right to conduct an on-site survey of the Contractor's facility prior to contract award. Evaluation Criteria The following factors shall be used to evaluate proposals: Factor I - Technical / Quality Approach: 1. The Offeror's methodology and overall technical approach required for the services identified in the Statement of Work. The technical approach shall be specific, detailed and complete as to clearly and fully demonstrate that the prospective Offeror has a thorough understanding of the technical requirements. This includes, but is not limited to the following: a. off-site / on-site instrument calibration and repair b. calibration decal tagging c. repair reports d. expanded data reports e. certifications and manuals f. specific software and training g. warranty policy h. calibrations traceable to the National Institute of Standards and Technology (NIST 2. The Offeror's specific experience with instrument calibration, instrument repair, software, procedures and intervals identified in the SOW. 3. As stated in 3.2.2 of the SOW, the Offeror should describe in detail their plan to respond to emergencies and priority calibrations. 4. The Offeror shall provide a copy of all certification(s) they currently hold and a copy of the certificate of accreditation of their off-site laboratory. Additionally, the Offeror should briefly describe their off-site laboratory, including but not limited to calibration / repair capabilities, capacity and limitations. 5. The Offeror shall explain in detail their intended method of pick-up and drop-off of the calibrated / repaired equipment. 6. The Offeror shall explain if they currently have access or provide their plan to gain access to the U.S. Air Force AFCAV program. 7. Offeror shall describe the method(s)/means used to stay abreast of updated calibration procedures, intervals, guidelines and requirements. 8. Information concerning labor allocation and categories, travel, materials, equipment and any information of interest to technical services shall be contained in the technical approach with sufficient detail so that the Offeror's understanding of the statement of work may be adequately evaluated. Factor II - Management: 1. The Offeror's overall management approach shall provide a realistic allocation of support for the tasks described in the Statement of Work. This includes, but is not limited to the following: a. policies and procedures for managing and directing the effort b. procedures for dealing with unusual or difficult areas encountered during performance c. documentation supporting Offeror's management ability d. capability to manage labor resources e. effectively controlling and reporting of pricing f. policies and procedures for managing performance and resolving problems g. detailed methodology the Offeror will follow in performing the requirements of this contract 2. The Offeror shall demonstrate their capability to effectively manage and respond to fluctuations in workload, manage single and multiple delivery orders, and increase or reduce manpower when required. 3. The Offeror shall provide explain their organizational structure and management plan as it relates to accomplishing the requirements stated in the statement of work. This includes, but is not limited to the following: a. coordination of team efforts b. effective management practices c. price control d. supervision of qualified personnel e. ensure timeliness and accuracy of deliverables / reports 4. The Offeror shall provide a detailed description of their quality assurance plan. This includes but is not limited to the following: a. the Offeror's capability to document and initiate procedures necessary to accomplish tasks b. process improvements c. maintaining an effective quality assurance plan d. method(s)/means used to stay abreast of updated calibration procedures, intervals, guidelines and requirements e. quality control plan 5. The Offeror shall explain their process for conducting both criminal and financial employee background checks. Additionally, the Offeror shall state if the background checks are equivalent to the National Agency Check (NAC) or higher. Factor III- Past Performance: The Offeror shall provide information on two (2) contracts performed by their organization over the past three years that are relevant to this requirement in type of work, size and complexity. The Offeror shall submit Attachment 6, the Past Performance Questionnaire to a minimum of two references for completion and have the references return to the email address shown on the Questionnaire no later than the closing date of this solicitation. Incomplete data will not be considered. The Offeror that represent newly formed entities, without prior contract experience, should list previous contract and subcontract experience of the companies' key personnel. The Government may also use other information available from Government sources to evaluate an Offeror's past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the Offeror. If an Offeror does not provide past performance information, a neutral rating will be assigned for this evaluation factor. Factor IV - Price: The Offeror shall complete unit and extended prices for the base and option CLINs. The Offeror shall fill-in the total price for all three years within the schedule. The Government will evaluate proposals based on total evaluated price. After evaluation factors I through III have been evaluated, price will then be considered. Price is substantially less important than the factors listed above; however, as proposals become more equal, price will become the deciding factor for award. The proposal price will be evaluated to determine fairness and reasonableness. Prices that are extremely high or low in relation to the Government's estimate may be judged unrealistic and may indicate that the Offeror has misunderstood the nature of the work to be performed. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that Offeror may be required to submit either Certified Cost or Pricing Data (FAR 15.403-4) of Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations. (End of provision)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-12-R-500001/listing.html)
Place of Performance: Address: The Contractors Facility, and, USCG Aviation Logistics Center, Elizabeth City, North Carolina, 27909, United States; Zip Code: 27909
Record: SN02758829-W 20120527/120525234819-51db011d26516f81619fd07e784d36bc (fbodaily.com)
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66 -- Calibration test and Repair Services of TMDE - Combined Synopsis/solicitation and attachments 1 -6