Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 19, 2012 FBO #3952
SOLICITATION NOTICE

R -- Engineering Sustainment Services for HC-144A - Attachment #1: Proposal Sheet

Notice Date

9/17/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541330 — Engineering Services
 

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-010005
 

Archive Date

10/16/2012
 

Point of Contact

Kia R. Walton, Phone: 252-335-6499
 

E-Mail Address

Kia.R.Walton@uscg.mil
(Kia.R.Walton@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Proposal Sheet This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; written proposals are being requested and a written solicitation will not be issued. This Request for Proposal, HSCG38-12-R-010005, incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-61. The North American Industry Classification System (NAICS) code is 541330. The small business size standard is $14 million. The award will be in accordance with FAR 6.302-1. The U.S. Coast Guard intends to award and negotiate an Indefinite Delivery Requirements contract with firm fixed priced task orders to the Original Equipment Manufacturer (OEM) EADS CASA North America, Inc., 1616 Fort Myer Drive, Ste 1500, Arlington, VA 22209-3110 or a responsible contractor who can provide services with OEM certification and approval. This contract will be a base and four one year option periods. This service is for use on the HC-144A Medium Range Surveillance (MRS) Maritime Patrol Aircraft (MPA). All responsible sources may submit a capability statement and proposal that will be considered by the Agency. ATTACHMENT 1: SCHEDULE/PROPOSAL SHEET STATEMENT OF OBJECTIVES 1.0 BACKGROUND The U.S. Coast Guard is operating a fleet of HC-144A aircraft manufactured by Airbus Military in Seville, Spain. These aircraft are operated differently from those in general aviation; Coast Guard missions require frequent operation within salt-laden environments, and conditions, which accelerate the corrosive attack on the airframe structures and components of the HC-144A aircraft. Inspection of these aircraft in accordance with the Original Equipment Manufacturer's (OEM) periodic requirements historically reveals corrosion damage and operational wear and tear associated with aging aircraft, which is often outside the scope of OEM published repair limits and specifications. The Sustaining Engineering Services are necessary for the continued support of the HC-144A aircraft structures and components assuring the missions and operational readiness of Coast Guard fleet of HC-144A aircraft. 2.0 SCOPE This statement of objectives describes the engineering services necessary to support the airframe structures, systems, and components, as used on the Coast Guard HC-144A aircraft. These objectives describe engineering services above and beyond the scope and requirements for the European Aeronautic Defense and Space Company North America (EADS NA) Field Service Representative located on site at the Aviation Logistics Center (ALC), Elizabeth City, NC. Engineering services will be requested by placing task orders in accordance with (IAW) the terms of this contract. These services may be performed at any EADS NA facility, plant, or any division of the parent company. These services may also be performed at Coast Guard units throughout the United States, Puerto Rico or any remote deployment sites throughout the world, which may be cause for flights on Coast Guard aircraft. 3.0 OBJECTIVES 3.1 The Coast Guard's objectives are to obtain engineering services and documentation necessary to support and maintain, in airworthy condition, the airframe structures, systems, and components, as used on the Coast Guard HC-144A aircraft. These services include but are not limited to the following objectives: 3.1.1 Enable the Coast Guard to efficiently operate the HC-144A aircraft, to resolve technical questions and problems associated with maintenance and repair of HC-144A structures, airframe systems, and components IAW appropriate OEM performance specifications. 3.1.2 Enable the Coast Guard to respond in a timely and appropriate manner to HC-144A aircraft flight safety issues, ground safety issues, catastrophic failures and to provide logistical support, which may include planning, salvage, and shipment of salvaged aircraft, structures, and components to appropriate repair facilities. 3.1.3 Enable the Coast Guard to provide HC-144A Field Units, ALC, and Contractor personnel with formal and on-the-job training, and to provide the most up to date procedures, repair limits, and tooling available, for inspection, maintenance, and return of HC-144A aircraft, systems, and components to serviceable and airworthy condition. 3.1.4 Enable the Coast Guard to optimize the utilization of repairable spare assets, airframe structures and components, through inspection, evaluation, and repair of those assets to serviceable and airworthy condition. 3.1.5 Enable the Coast Guard to conduct preliminary engineering investigations, to develop engineering change proposals for various HC-144A aircraft configuration changes and aircraft modifications. 3.1.6 Enable the Coast Guard to provide technical management and control in the administration of all types of technical efforts which includes engineering advice and assistance to Coast Guard approved repair facilities and product support personnel in conducting and evaluating specialized test data with regard to the HC-144A aircraft, structures and component. 3.1.7 Supply the Coast Guard and/or their designated support contractors with access to appropriate engineering/technical data to support the HC-144A Load Environment Stress Survey - Individual Aircraft Tracking (LE/SS-IAT) effort subject to the following terms and conditions: 3.1.7.1 All information supplied as part of this effort shall be used only for the purposes of supporting the Coast Guard's HC-144A LE/SS-IAT program and shall only be disclosed to Coast Guard and Coast Guard contractor personnel involved in the HC-144A LE/SS-IAT program. The Coast Guard will ensure that appropriate non-disclosure agreements are in place with all contractor personnel involved in this program. 3.1.7.2 Tasks will be defined on an as required basis by the Coast Guard and submitted to the contractor for their acceptance or refusal. In cases where the contractor refuses a task requested by the Coast Guard, they shall provide a letter summarizing their reason(s) for refusal. 3.1.7.3 For any task they accept, the contractor will make all reasonable effort to supply the requested access to personnel and/or documentation in a timely manner compatible with the overall Coast Guard HC-144A LE/SS-IAT program schedule, a copy of which will be supplied to the contractor. If the contractor determines they are unable to supply the requested support in a timely manner, they shall provide the Coast Guard with an estimate as to when the required access to personnel and/or information can be provided. 3.1.8 Enable the Coast Guard to provide, administer, and document an active exchange of ideas and information on various product improvements and maintenance topics, between EADS NA personnel and Coast Guard technical personnel from ALC, Coast Guard Headquarters, and HC-144A Field Units in the form of HC-144A Technical Agenda and HC-144A Logistic Support Meetings. Meetings may include but are not limited to the following topics: -Major Corrosion Inspection (MCI) Program. -Supplemental Structural Inspection Program (SSIP). -Coast Guard Maintenance Management Issues. -Aircraft modifications. -Aging Aircraft Maintenance and Corrosion Control Programs. -Logistical requirements, issues for parts procurements, interchangeability and parts substitution. -Obsolete and excess material, including inputs to material review boards. These meetings may be required later and will be on an "ad hoc" basis via separate task orders. 4.0 TECHNICAL 4.1 The Contractor will respond to specific requests for engineering services normally within the scope of one or more of the Coast Guard's objectives by providing a proposal that satisfies the following criteria as required: 4.1.1 Performance Work Statement (appropriately detailed), identifying what and how the Contractor intends to satisfy the request, including progress, activity, and final reports as required. Technical discussions and dialog with technical personnel may be initiated as appropriate. 4.1.2 Cost Proposal (sufficiently detailed) including labor categories and number of hours. 4.1.3 Performance Measures and Metrics Plan, including monthly progress and activity reports (if required). 4.1.4 Identification of Key Personnel (if required). 4.1.5 Identification of Deliverables (as required). 4.1.5.1 Data Packages (if required). 4.1.5.2 Plans or proposals (if required). 4.1.5.3 Reports, certifications, and other documentation (as required). 4.2 The Coast Guard will evaluate and accept or reject the Contractor's proposals for specific task orders as follows: 4.2.1 Evaluation - Technical discussions and dialog with technical personnel may be initiated as appropriate. 4.2.1.1 Technical merit or applicability of the Performance Work Statement as a solution. 4.2.1.2 Cost/Price as fair and reasonable 4.2.1.3 Performance Measures and Metrics (if required) 4.2.1.4 Deliverables (as required) 4.2.2 Acceptance - Issuance of a task order by the Contracting Officer 4.2.3 Rejection - The request for services will be withdrawn or cancelled. 4.3 Travel: Necessity for travel will be determined by the Contracting Officer. 4.3.1 The Contracting Officer may direct the utilization of Coast Guard aircraft for travel, as appropriate, to any location including remote deployment sites, where commercial air travel is not appropriate, available, or timely. 4.3.2 Commercial Air travel and all other transportation as authorized by the Coast Guard will be reimbursed in accordance with FAR 31.205-46, Travel Costs and Joint Travel Regulations. 5.0 INSPECTION AND ACCEPTANCE Instructions for inspection and acceptance of services performed under CLINs 0001, 0006, 1001, 1006, 2001, 2006, 3001, 3006, 4001 and 4006 of this contract shall be specified on individual orders. 6.0 DELIVERIES AND PERFORMANCE 6.1 PERIOD OF PERFORMANCE The term of this contract shall be from date of award for one calendar year, with (4) one-year renewable option periods (if exercised) not to exceed 5 years from award date. 6.2 PLACE OF PERFORMANCE The places of performance for CLINs 0001, 0006, 1001, 1006, 2001, 2006, 3001, 3006, 4001 and 4006 under this contract shall be any of the EADS North America facilities in the US, Seville Spain or at any Coast Guard unit in the United States and its possessions and at remote sites throughout the world. 6.3 DELIVERY SCHEDULE Contractor's technical and cost proposals are required within 5 calendar days after receipt of the Statement of Work via email or facsimile. Delivery times for CLINs 0001, 0006, 1001, 1006, 2001, 2006, 3001, 3006, 4001 and 4006 will be stated on each individual delivery order. An original of the progress reports (CLINs 0002, 1002, 2002, 3002 and 4002) shall be delivered to the Contracting Officer on or before the 15th of each month following the month being reported. Reports shall commence after contract award and continue for the life of the contract. 6.4 F.O.B. Point Reports and certificates of service and required material(s) shall be shipped FOB destination to the following address: USCG Aviation Logistics Center MRS Division Attn: Contracting Section Elizabeth City, NC 27909-5001 6.5 RESPONSIBLE TIME FOR SUSTAINING ENGINEERING SERVICES THAT ARE REQUIRED IMMEDIATELY When sustaining engineering services are required immediately, the contractor shall have a team (consisting of 1 or more persons) in place within 48 hours after notification by the Contracting Officer weekends and holidays excluded, and provide the Contracting Officer a not to exceed estimate for the cost and delivery schedule of these services. If the contractor is unable to meet the schedule, the Contracting Officer shall be contacted within 24 hours after notification to negotiate an alternate schedule. If the work site is located outside of the 48 contiguous United States, the arrival times of the team shall be negotiated with the Contracting Officer. 7.0 CONTRACT ADMINISTRATIVE DATA ADDRESS FOR CORRESPONDENCE: All correspondence, except as otherwise specified, shall be directed to the following address: USCG, Aviation Logistics Center Attn: MRS Contracting Section DRS Hangar #2 1060 Consolidated Road Elizabeth City, NC 27909-5001 Contract No. ___________________________ (Assigned at time of award) 8.0 INVOICING INSTRUCTIONS The original Contractor's invoice shall be submitted to the designated billing office for payment as follows: The invoice must reference the contract number and/or task order number. The preferred method for invoice submission is via email: ALC-Fiscal@uscg.mil Invoices may also be submitted via U.S. Mail at: Chief, Fiscal Branch USCG, Aviation Logistics Division Building 63 Elizabeth City, NC 27909-5001 Contract No. _____________________________ (Assigned at time of award) 9.0 SPECIAL CONTRACT REQUIREMENTS 9.1 TRAVEL 9.1.1 Necessity for travel will be determined by the Contracting Officer in conjunction with the Contracting Officer's Representative (COR). 9.1.2 All travel, lodging, meals, car rental and incidental expenses incurred by the contractor shall be reimbursed based on actual costs in accordance with FAR 31.205-46, Travel Costs and the Joint Travel Regulations. Actual paid receipts shall support commercial transportation and other travel expenses. 9.2 WAGE DETERMINATION Department of Labor Wage Determinations Nos. 2005-2009 (Rev 16) and 2005-2543 (Rev 14) or current revisions applicable to this solicitation and the appropriate Wage Determination relating to the contract location is available at http://www.wdol.gov/wdol.gov. Current Revisions will be included at contract award. 9.3 COAST GUARD REGULATIONS In the event services will be performed on Government property, the Contractor and all his employees shall obey applicable Coast Guard Regulations, including fire prevention. It shall be the responsibility of the Contractor to familiarize all of their employees with the Coast Guard regulations such as speed limits, parking regulations, etc., in force during the contract term. 9.4 PLACEMENT OF TASK ORDERS Task orders for routine requirements will be placed with the Contractor utilizing the following procedures: A statement of work will be forwarded to the Contractor who must reply with a technical and cost proposal including incidental materials and number of hours for each labor category to accomplish the task. The Contractor's proposal shall include a delivery schedule, any other pertinent information, estimated travel and per diem costs. After evaluation of the technical/cost proposal by the Coast Guard, a decision will be made whether to negotiate and issue a task order. The Contractor is advised that the Coast Guard is under no obligation to procure any of the tasks identified under this contract. When sustaining engineering services are required immediately, orders will be placed with the Contractor utilizing the following procedures: After notification by HC-144A Engineering, the Contracting Officer shall notify the contractor via telephone to proceed. Verbal notification will be followed by a written confirmation order, which will include a Not To Exceed (NTE) price that if the Contractor exceeds, it is at their own risk. In accordance with the delivery schedule contained in Section 6.3, "Delivery Schedule," the Contractor shall provide a proposed completion date for the required work effort. This proposal may be submitted via email to the Contracting Officer. 9.4.1 NOT TO EXCEED (NTE) The NTE price for all time and material services, reimbursable travel and reimbursable materials to be performed under task orders will be established by the Contracting Officer in writing at the time of award of each task order. The Contractor shall notify the Contracting Officer when costs reach 85% of the NTE price and provide information as to whether funding is sufficient to complete the task. If the Contractor does not believe the effort can be completed within the NTE price, a revised estimated total cost shall be provided with this notification. The Contractor must obtain the Contracting Officer's written approval prior to exceeding established NTE prices. The Contractor shall not accept any task order(s) when the established NTE for the proposed task order plus the aggregate cost of all previous task orders and other services under the contract exceeds the established contract NTE price of tiny_mce_marker___________ (TO BE DETERMINED AT CONTRACT AWARD). 9.5 COMMENCEMENT OF WORK The Contractor, upon receipt of each task order from the Contracting Officer, shall assign qualified personnel to perform the services required. Such personnel as specified in labor categories shall be available in the various categories and to the extend set forth in each order at the time specified times and places designated in each order. All work shall be performed utilizing those personnel qualified to perform the work and having the lowest rate of cost to the government. 9.6 MATERIALS Materials invoiced under this contract shall be limited to incidental materials used during the course of the task order. In the event parts are required for services under this contract, the contractor shall submit a proposal for the parts that include: nomenclature, part numbers, cost and quantity of part(s) and any markups applied. If requested by the government, the Contractor shall provide backup documentation to support the cost of the parts such as invoices or catalogs. Transportation charges over $100.00 for parts must be supported by a copy of the actual freight bill. Rental charges for material/equipment used during performance of a task order issued under this contract must also be supported by a copy of the actual receipt. Materials furnished by the Contractor in the performance of services shall include but is not limited to the monthly and/or final progress reports on each task order. Monthly and/or final progress reports shall be delivered to the Contracting Office on the 15th day of each month for each delivery order during the life of the contract. Time and place of delivery for materials or performance of services under this contract shall be designated in each task order issued against this contract. 9.7 COMPUTER TIME Any work requested by the Coast Guard that requires EADS-CASA computer time shall be included in the proposal for that work (i.e. research, reports, etc.) 9.8 RIGHTS IN DATA It is anticipated that performance of this contract will require some developmental work. Data first procured in the performance of this contract shall be subject to unlimited rights as defined in the Rights in Data-General, FAR 52.227-14 Clause, Rights in Data-General, of this contract. Such data procured in support of Coast Guard requirements shall be prepared and submitted in accordance with EADS-CASA Standard which meets current type certificated approval. The EADS-CASA standard is in agreement with the U.S. Federal Aviation Administration (FAA), Spanish Ministry of Defense National Institute for Aerospace Technology (INTA) and Spanish General Directorate of Civil Aviation (DGAC). Engineering drawings and associated lists shall be acquired as Repair and Modification drawings. In the event, the Coast Guard requires EADS-CASA's Production Drawings, these drawings will be acquired for use in accordance with parameters contained in the task order as agreed to by the Coast Guard and EADS-CASA. These production drawings shall not be subject to the Rights in Data General, FAR 52.227-14. 9.9 ADDITIONAL LABOR CLASSIFICATION RATES: In the event a labor classification not included in the contract is required to accomplish the statement of work task, the contractor shall propose the new labor classification and hourly rate. If the rate is determined to be "Fair and Reasonable" the contract will be modified to include the new labor classification. FEDERAL ACQUISITION REGULATIONS (FAR) PROVISIONS AND CLAUSES 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://acquisition.gov/far/index.html. 52.212-1 Instructions to Offerors Commercial Items (FEB 2012) Quotes shall indicate FOB point, any discounts for prompt payment, business size standards and minority classification. 52.212-2 Evaluation-Commercial Items (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Technical Capability 2. Price 3. Delivery 4. Past Performance (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expirations time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Factors 1 and 2 are equal and each is significantly more important than Factor 3. As Factors 1 and 2 become increasingly closer then Factor 3 gains importance in the decision process. (End of provision) 52.212-3 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. 52.212-4 Contract Terms and Conditions-Commercial Items (FEB 2012) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 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). (End of provision) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-A1. 52.216-18 Ordering (OCT 1995) Para (a) Base Period: Date of contract award for one calendar year. Option Period(s): Effective date of option exercise for one calendar year. 52.216-19 Order Limitations (OCT 1995) (a) 40 hours (b)(1) 1960 hours (b)(2) 1960 hours (b)(3) 15 days (d) 20 days: In the event an emergency arises in which time is a critical factor, the amount of time specified in paragraph (d) above shall be 24 hours after receipt of an order. Accordingly, an order considered to be an emergency shall be identified on the face of the order. 52.216-21 Requirements (OCT 1995) (f) After the performance period specified in any delivery order for two months following the expiration date of the base period or any exercised option periods. Alt I (Apr 1984) 52.217-5 Evaluation of Options (JUL 1990) 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. 52.217-9 Option to Extend the Term of the Contract (MAR 2000) (a) - 30 calendar days within contract expiration; 60 days (b) - 5 years 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees 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 Technical Representative, GS-11-1 $27.51 Field Representative, GS-11-1 $27.51 Spares Coordinator, GS-11-1 $27.51 Structural Engineer, GS-11-1 $27.51 Engineer, GS-09-1 $22.54 Engineer Specialist, GS-09-1 $22.54 Technical Information Manager, GS-11-1 $27.51 Technical Writer, GS-09-1 $22.54 Technical Illustrator, GS-09-1 $22.54 Designer, GS-07-1 $18.59 Clerk/Typist, GS-04-1 $13.41 Airframe Structural Mechanic, WG-10-2 $22.13 Avionics Specialist, WG-09-2 $20.94 FRINGE BENEFITS: Annual Leave: Two hours per week for services of less than three years; three hours per week for service of three years but less than 15 years; and four hours per week for service of 15 years or more. Paid Holidays: ten annually. Government's contribution to sick leave and to life, accident and health insurance: 5.1 percent of basic hourly rate. Government's contribution to retirement pay: 7 percent of basic hourly rate. (End of clause) 52.225-8 Duty Free Entry (OCT 2010) 52.242-13 Bankruptcy (JUL 1995) 52.246-11 Higher-Level Contract Quality Requirement (FEB 1999) The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract. 52.246-15 Certificate of Conformance (APR 1984) 52.247-34 F.O.B. Destination (NOV 1991) 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JUL 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). __ (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] __ (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)). X (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)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). X (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 (JUL 2012). (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.). 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 (JUL 2012). (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) The following Homeland Security Acquisition Regulations (HSAR) apply: 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) 3052.219-70 Small Business Subcontracting Plan Reporting (Jun 2006) 3052.219-71 DHS Mentor-Protégé Program (Jun 2006) 3052.219-72 Evaluation of prime contractor participation in the DHS mentor protégé program (Jun 2006) Closing date and time for receipt of proposals is 01 October 2012 4:00 pm, Eastern Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-335-6499, Attention: Kia R. Walton. Electronic submissions may be sent to Kia.R.Walton@uscg.mil. Proposals may be submitted on company letterhead stationery and must include pricing. Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification and delivery date. All offerors shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 

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