Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 07, 2013 FBO #4213
SOLICITATION NOTICE

16 -- PURCHASE OF PCU SWITCHES - J/A

Notice Date

6/5/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-13-P-300049
 

Archive Date

7/6/2013
 

Point of Contact

Bekki E Koci,
 

E-Mail Address

bekki.e.koci@uscg.mil
(bekki.e.koci@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Q-300049 J/A This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using commercial acquisition procedures specified in FAR Part 12, in conjunction with FAR Part 13. Solicitation number HSCG38-13-Q-300049 is assigned to this procurement for tracking purposes only and is issued as a Request for Quotation (RFQ). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-66. This solicitation is issued as a Sole Source basis. All responsible sources may submit a quotation which shall be considered by the agency. The North American Industry Classification System Code is 336413 and the small business size standard is 1,000 employees. The Sole Source Original Equipment Manufacturer (OEM) is GE Aviation Systems, DBA Dowty Propellers, cage code: 93366. The technical data necessary for manufacturing the components required are proprietary to the OEM. DESCRIPTION OF THE REQUIREMENT: Purchase the following components: Line Item 1: Switch, Pressure, PCU for the C-130J Aircraft P/N: 666000620 NSN: 5999-01-HS2-6706 Qty: 27 Each REQUIREMENT: The contractor shall provide a firm fixed price quote for the Switch, Pressure, PCU. These parts must be new condition only. Used, reconditioned, overhauled, or remanufactured material is not acceptable. Delivery: Required delivery is 240 days after receipt of order (ARO). Partial deliveries and earlier deliveries are acceptable at no additional cost to the Government. The actual delivery date will be established upon issuance of the resulting Purchase Order. Shipping: All components shall be delivered to: USCG Aviation Logistics Center Receiving Section Bldg 63 1664 Weeksville Rd. Elizabeth City, NC 27909 The following FAR provisions and clauses are incorporated: FAR 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) tailored in accordance with FAR 13.302(a) The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities of CCR/FedReg, ORCA, and EPLS. Contractors must be registered in SAM.gov. Firm Fixed Price Quotations shall reference the solicitation number: HSCG38-13-Q-300049, indicate the nomenclature, national stock numbers (NSN), part numbers (P/N), unit pricing, any payment, delivery and shipping terms, and shall be in the English language and in U.S. Dollars. Quotes shall also include Offeror's Cage Code and any payment discounts, which will be used for the payment of invoices. Payment discounts are not evaluated as part of the price evaluation. Addendum to FAR 52.212-1 Instructions to Offerors - Commercial Items (Feb 2012) FAR 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008); DO-N5 Rated Order FAR 52.212-2 Evaluation - Commercial Items (Jan 1999) The provision at FAR 52.212-2 Evaluation of Commercial Items is NOT applicable to this solicitation. In lieu of this provision the following evaluation procedures shall be used: Quotes will be evaluated in accordance with FAR Part 13.106-2 Evaluation of Quotations or Offers. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2012) X Alternate I of 52.212-3 (Apr 2011) An Offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at 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. ADDENDUM to 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012) is tailored in accordance with FAR 12.302: (a) INSPECTION/ACCEPTANCE: "Government inspection" shall mean inspection by the Seller's representative qualified to perform such inspection in accordance with Seller's customary commercial practice. "Acceptance" will be based on submission of 1) a Seller certificate of conformance, and 2) Seller's issuance of a Memo of Shipment document. The Government's post acceptance rights are defined in FAR 52.246-2 (AUG 1996), paragraphs (k) and (l). These paragraphs are hereby added to the end of FAR 52.212-4(a) as shown below. "(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract." "(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in paragraph (l)(1) or (l)(2) of this clause and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby." (h) PATENT INDEMNITY: is hereby replaced in its entirety with the following text: A. If the Government receives a claim that any Product or part thereof manufactured by the Contractor, without further combination, infringes a United States patent, the Government shall notify the Contractor promptly in writing and give the Contractor all available information to evaluate such claim and, at the Government's discretion, the Contractor may be permitted to assist the Government in its defense and/or seek an equitable settlement with the patent infringement claimant. The Contractor shall then at its own expense and option (i) pay the reasonable and entire compensation pursuant to 28 USC §1498, or (ii) procure for the Government the right to use such Product, or (iii) replace or modify the Product to avoid infringement, or (iv) assist the Government in defending against such claims in the US Court of Federal Claims. If the US Court of Federal Claims holds such Product to constitute infringement, the Contractor shall take at its option one or more of the actions under (i), (ii), or (iii) above. With respect to any Product not manufactured by the Contractor, the patent indemnity, if any, given by the manufacturer thereof shall apply. B. The rights and obligations of the parties with respect to patents are solely and exclusively as stated herein. C. This Patent Indemnity clause shall not apply to claims related to the contractor's performance at the Government's direction, such as the contractor's implementation of DFARS 252.211-7003, Item Identification and Valuation. The Government's configuration control of items to be delivered under this contract, standing alone, shall not be interpreted to mean "performance at the Government's direction." D. THE PATENT OBLIGATIONS RECITED ABOVE ARE IN LIEU OF ALL OTHER PATENT OBLIGATIONS WHATSOEVER, WHETHER ORAL, WRITTEN, EXPRESS OR IMPLIED. (j) RISK OF LOSS: The contract shall state FOB Origin. (l) TERMINATION for the Government's Convenience: The Government reserves the right to terminate the contract, or any part hereof, for its' sole convenience provided the end user customer (or Government's customer's) contract is terminated. (m) Termination for Cause: In the event of the Government decides to terminate under this paragraph, the Contractor shall be paid the contract price for completed supplies delivered and accepted. Additionally, the Government shall: (1) provide written notice of default to the Contractor, (2) identify in the notice the bases for the Government's termination decision, and (3) provide the Contractor with an opportunity to cure such failure within (15) days after receipt of the Contracting Officer's written notice. (n) TITLE: "Acceptance" will be based on the submission of 1) a Seller certificate of conformance, and 2) Seller's issuance of a Memo of Shipment document. The Government's post acceptance rights are defined in FAR 52.246-2 (AUG 1996), paragraphs (k) and (l) and are incorporated herein by reference. (o) WARRANTY: (as stated in Dowty Propellers C130J Parts Price List 2013) Spare Parts involving warranty claims and component overhauls should be clearly identified with the following information: 1. Part Number and Code/Serial number (as applicable) 2. Date of removal 3. Reason for removal Spare parts returned under warranty shall be returned to the address as given in Section 3 of the Parts Price List. Governments are advised that use of replacement parts not officially authorized by the Original Equipment Manufacturer (OEM) may substantially impede the engineered product performance. Therefore, if such unauthorized parts are used, the Government must assume responsibility for any liability or performance degradation including affected authorized parts and assemblies, cost of operation and safety of operation of the entire propeller assembly. Dowty warrants that, subject to all the terms of this warranty, the Goods including all items thereof will conform to applicable drawings and specification and be free from defects due to faulty material, faulty workmanship, or faulty design, having regard to the state of the art at the time of design. This warranty shall take effect immediately after acceptance of Goods by the Government and remain in force for a period of twelve (12) months thereafter, except where any agreed OEM conditions take precedence. This warranty shall be limited to defects discovered within this period and shall apply only to defects with respect to which the Government gives Dowty written notice with ten (10) days of discovery. This warranty does not cover normal wear and tear and shall be void if the Goods have not been used, handled, stored, maintained, installed or operated in accordance with sound aviation practice including any instructions issued by Dowty. The Government is requested to return to Dowty any item found to be defective under warranty. Dowty shall without charge, at its option, either repair or replace any item found to its satisfaction to be defective and under this warranty. (p) LIMITATION OF LIABILITY: The liability of Dowty to the Government arising out of or connected with or resulting from the manufacture sale, possession, use or handling of any Goods whether in contract, tort (including negligence) or otherwise shall not in any event exceed the purchase price of the Goods giving rise to the Government's claim. The foregoing shall constitute the sole remedy of the Government and the sole liability of Dowty. In no event shall supplier be liable for indirect, incidental or consequential losses or damages. The warranties of merchantability and expressed or implied, are disclaimed. In such cases, the contracting officer shall ensure that the express warranty provides for repair or replacement of defective items discovered with a reasonable period of time after acceptance. FAR 52.252-2 Clauses Incorporated by Reference Feb1998 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. FAR 52.202-1 Definitions Jan 2012 FAR 52.211-15 Defense Priority and Allocation Requirements Apr 2008 FAR 52.247-29 F.O.B. Origin Feb 2006 The Contractor shall: Comply with the certification/documentation requirements specified herein. Attach certifications/documentation to the outside of the shipping container. Failure to comply with these requirements may result in refusal to accept and/or pay for services. a. FAA 8130 Certificate is preferred. b. The repair station shall provide documentation to verify that they have OEM and FAA approval or USCG approval to service the component. c. An airworthiness certificate or alternate approved by USCG ALC Engineering shall be provided for each component. The certificate must be signed and dated by an authorized official representing the approved repair station. OR d. If an 8130 certificate cannot be provided, the OEM's Certificate of Conformance in accordance with Federal Acquisition Regulation 52.246-15 shall be provided for each component. e. Replacement part certification documentation must be maintained by the repair station for inspection for a minimum of 24 months after delivery. INSPECTION and ACCEPTANCE shall be FOB Origin by CERTIFICATE OF CONFORMANCE (COC): If repaired by the OEM or an OEM approved repair station, the OEM or approved OEM repaired station Certificate of Conformance is acceptable. Discrepancies in wording or failure to submit COC may result in delays of acceptance of material and payment of invoices. TRACEABILITY. Traceability means that the contractor must be able to show a clear documented, auditable paper trail for ownership and transfer of each part from the OEM or approved PMA originator (if approved in advance by USCG ALC LRS Engineering) to the final vendor. If Vendor is the OEM, traceability is not required. Supplies or Piece Parts used in repair services furnished under this order must be new unless otherwise stated herein. Additional Invoicing Instructions 1. Contractor shall submit an original electronic invoice to ALC-Fiscal@uscg.mil. Payment status requests shall also be sent to ALC-Fiscal@uscg.mil. 2. Invoices with shipping charges in excess of $100 must be accompanied by a certified carrier freight bill. Transportation costs shall be shown on the invoice as a separate item. 3. Federal agencies are exempt from taxes. The tax exemption number for the U.S. Coast Guard is B-239641. A Tax Exemption Certificate may be obtained from the issuing office listed in Block 9 of the contract/order. Packaging Instructions 1. USCG ALC is a supply depot; therefore, material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea. 2. Packaging, handling, shipping, and transportation procedures shall be in accordance with ASTM D3951-98 (Reapproved 2004) Standard Practice for Commercial Packaging (latest change revision shall apply). If commercial practices cannot adequately protect and preserve the equipment, the contractor shall package, handle, ship and transport equipment in accordance with MIL-STD-2073-1D Standard Practice for Military Packaging dated December 15, 1999 (latest change revision shall apply). 3. Packaging material SHALL NOT consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. 4. Each component shall be individually packed. 5. Each individual container shall be labeled on the outside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number. 6. Packing List and Certification/Documentation shall be placed on the outside of individual containers. 7. The internal packing material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year. Only clauses that apply will be checked and incorporated into the Purchase Order. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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.] 0 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) 1 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug. 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). 0 (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). 1 (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). 0 (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matter (FEB 2012)(41 U.S.C. 2313). 1 (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, and section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub L. 110-161). 0 (9) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0 (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). 0 (11) [Reserved] 0 (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). 0 (ii) Alternate I (Nov 2011) of 52.219-6. 0 (iii) Alternate II (Nov 2011) of 52.219-6. 0 (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0 (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). 0 (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (Jul 2010) of 52.219-9. 0 (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 0 (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 0 (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (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). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (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). 0 (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). 0 (22) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). 0 (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). 0 (24) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). 0 (25) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Nov 2011). 1 (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). 1 (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 1 (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 1 (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 1 (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). 0 (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 0 (34) 52.222-54, Employment Eligibility Verification (July 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.) 0 (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.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). 0 (ii) Alternate I (Dec 2007) of 52.223-16. 1 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). 0 (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). 0 (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov. 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 ). 0 (ii) Alternate I (Mar 2012) of 52.225-3. 0 (iii) Alternate II (Mar 2012) of 52.225-3. 0 (iv) Alternate III (Nov. 2012) of 52.225-3. 0 (41) 52.225-5, Trade Agreements (Nov. 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (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). 0 (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (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)). 0 (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 0 (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). 0 (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). 0 (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (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). 0 (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 0 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 0 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). 0 (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.). 0 (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495). 0 (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). 0 (9) 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)). 0Alternate 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 (July 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) 52.232-99 -- Providing Accelerated Payment to Small Business Subcontractors (DEVIATION 2012-00014) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSE HSAR 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 the acquisition described in subsection (b)(1) of Section 835 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; and (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) The closing date and time for receipt of quotations is: 21 June 2013 at 4:00 pm. EST. Point of Contract: Bekki Koci, telephone responses will NOT be accepted. Quotes shall be sent to: Bekki.E.Koci@uscg.mil. Please indicate HSCG38-13-Q-300049 in the subject line of email. 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 2100 2nd Street, SW, Stop 7112 Washington, D. C. 20593-7112 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 

Web Link

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Place of Performance

Address: TBD, United States
 

Record

SN03081185-W 20130607/130606002353-349d73cdd65b292925f386b0736ad5ed (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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