SOLICITATION NOTICE
16 -- Overhaul and or Modification of 54H60 Propellers - Package #1
- Notice Date
- 6/19/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 336412
— Aircraft Engine and Engine Parts 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-R-H00002
- Archive Date
- 8/3/2013
- Point of Contact
- Theresa Alkeus, Phone: 2523345174, Keith E. Hoffman, Phone: 2523356291
- E-Mail Address
-
Theresa.L.Alkeus@uscg.mil, keith.e.hoffman@uscg.mil
(Theresa.L.Alkeus@uscg.mil, keith.e.hoffman@uscg.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- CLIN Structure Statement of Work Synopsis Solicitation PDF 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; proposals are being requested and a written solicitation will not be issued. The solicitation number HSCG38-13-R-H00002 is assigned to this procurement for tracking purposes only. The solicitation is issued as a Request for Proposal (RFP) using the procedures of FAR Part 12 in conjunction with FAR Part 15. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66. This solicitation is a total small business set-aside. The applicable North American Industry Classification System Code is 336412 and the small business size standard is 1000 employees. All responsible small business sources may submit a proposal for consideration. Proposals from large business sources will not be considered under this total small business set-aside acquisition. A complete detailed Contract Line Item Number (CLIN) Structure is provided as a separate document, which offerors may use for their price proposal. The Statement of Work (SOW) is also provided as a separate document to this solicitation. Schedule of Supplies: Propeller Assembly, NSN: 1610-01-096-7677, P/N: 54H60-117, IAW AFTO 3H1-18-3, estimated quantity of twenty (20) each per year, with the capacity to overhaul five (5) every sixty (60) days. Propeller Assembly, NSN: 1610-00-689-4847, P/N: 54H60-117PL22134, estimated quantity of one (1) each per year. Valve Housing, NSN: 1610-01-016-2196, P/N: 714325-5, estimated quantity of forty (40) each per year, with the capacity to overhaul five (5) every sixty (60) days Pump Housing, NSN: 1610-01-220-6052, P/N: 733872-6 or NSN: 1610-00-005-8685, P/N: 733872-2, estimated quantity of twenty (20) each per year, with the capacity to overhaul five (5) every sixty (60) days Rear Spinner, NSN: 1610-00-873-6251, P/N: 554665, estimated quantity of six (6) each per year Front Spinner, NSN: 1610-01-166-9359, P/N: 773824-1 or NSN: 1610-00-876-1812, P/N: 554654, estimated quantity of twenty (20) each per year, with the capacity to overhaul five (5) every sixty (60) days Regulator, NSN: 1610-01-102-3010, P/N: 767999-1 or NSN: 1610-00-098-7125, P/N: 733895-1 or NSN: 1610-00-717-8116, P/N: 582777, estimated quantity of fifteen (15) each per year, with the capacity to overhaul five (5) every sixty (60) days Afterbody, Half, NSN: 1610-00-873-6424, P/N: 560501, estimated quantity of eighteen (18) each per year Synchronizer, NSN: 1610-01-128-7400, P/N: 774800-1 or NSN: 1610-01-155-9337, P/N: 766840-2, estimated quantity of ten (10) each per year Bulkhead Assembly, NSN: 1610-00-875-5009, P/N: 554636, estimated quantity of one (1) each per year Ring Assembly, NSN: 5977-01-209-4979, P/N: 784755-1 or NSN: 5977-00-071-5472, P/N: 715805-1 or NSN: 5977-00-873-6423, estimated quantity of one (1) each per year Stop Assembly, NSN: 1610-01-112-3771, P/N: 774474-1 or NSN: 1610-00-628-6032, P/N: 514814, estimated quantity of six (6) each per year Cover Assembly, NSN: 1610-00-179-6130, P/N: 546488, estimated quantity of ten (10) each per year Bracket Assembly, NSN: 1610-01-587-6810, P/N: 705079-2 or NSN: 1610-00-941-4353, P/N: 705079-1, estimated quantity of four (4) each per year Blade Assembly, Replacement, NSN: 1610-00-482-7947, P/N: A7111D-2, estimated quantity to be determined Barrel Assembly, Replacement, NSN: 1610-00-628-7716, P/N: 526385, estimated quantity to be determined Description of Requirement: The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC), Elizabeth City, NC requires overhaul and/or modification of the Hamilton Sundstrand Corporation 54H60 Propeller Assemblies and related components used on its fleet of HC-130H aircraft. Overhaul and/or modification work shall be in accordance with Air Force Technical Orders (AFTOs) listed in the SOW in section 2.3. The 54H60 Propeller Assembly is used on the USCG HC-130H aircraft. The contractor must possess all tools, parts, test equipment, facilities, technical data, and current AFTOs, including AFTO updates, necessary to overhaul the propeller assemblies and related components. The USCG does not control the AFTO process, nor can it provide AFTO, drawings, or technical data related to this requirement. Proposal shall include the cover sheet/title page for the latest revision of the overhaul directive in the Contractor's possession for each item listed. Contract award for this requirement will not be delayed pending Contractor registration or awaiting receipt of the overhaul directive. Contractors are required to have the capability to perform Cold Rolling of 54H60 propellers blades and Low Plasticity Burnishing (LPB) of the Taper Bore as specified in AFTO 3H1-18-3. Contractors, both prime and subcontractor must be either a Federal Aviation Administration (FAA) Certified/Authorized Repair Station, a European Aviation Safety Agency (EASA) Approved Maintenance Organization, or a Transport Canada Civil Aviation Directorate (TCCA) Approved Maintenance Organization authorized to overhaul the 54H60 Propeller Assembly and related components. Possession of at least one (1) of these Certifications is a minimum requirement. The contractor must have either in-house cold rolling of individual blades or the capability, to perform cold rolling of individual blades, authorized by the U.S. Air force, or shall utilize a facility that is authorized by the U.S. Air Force, and Low Plasticity Burnishing (LPB) of the Taper Bore, as specified in the AFTO or the ability to obtain it in such a manner to meet the Delivery Schedule established in the SOW section 6.0 Delivery Schedule. Authorized cold rolling facilities are listed in AFTO 3H1-18-3. The Propeller Assemblies and related components are considered to be FLIGHT CRITICAL; therefore an Airworthiness Certification is required for all overhauled equipment. The contractor may choose to use the Federal Aviation Administration (FAA) Form 8130 airworthiness Certificate however the USCG does not require use of this form. An alternate Airworthiness Certification developed by the contractor using language and formats either the same or similar as used for commercial customers under FAA regulations may be used in accordance with the SOW section titled, Minimum Qualifications. Overhaul pricing shall include all replacement parts. Replacement parts shall be new Original Equipment Manufacturer (OEM) approved parts with traceability to the OEM for the particular part. A list of one hundred (100) percent replacement parts is provided as Attachment 2. With the exception of parts listed on Attachment 1, parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be reused. Offerors are required to quote firm fixed prices for Teardown, Test and Evaluation for No Fault-Found and "Beyond Economical Repair" (BER). Assets will be shipped back to ALC for scrapping procedures. The Contractor shall notify the Contracting Officer immediately for disposition instructions for any item that appears to be BER. Items received that indicate obvious misuse, cannibalization, or severe damage due to mishandling or crash damage will be handled on a case by case basis after notification to the Contracting Officer of such condition. The Contractor shall be entitled to only the firm fixed price specified in the contract and any amounts proposed for "Over and Above" will be negotiated separately. Proposals shall include a delivery schedule. Required delivery time is no later than sixty (60) days after receipt of material. Contractor shall demonstrate the ability to complete five (5) overhauls in sixty (60) days. Early deliveries will be acceptable. The Government's preferred shipping terms is F.o.b. Destination; however, an F.o.b. Origin, Freight Prepaid proposal is acceptable. In order to be reimbursed for F.o.b. Origin, Freight Prepaid terms, a copy of the freight bill for freight costs over $100.00 must be included with the invoice. For F.o.b. Origin, Freight Prepaid terms, pricing shall include estimated shipping costs from the Contractor's facility for each item so that total price may be evaluated. For offerors within the continental United States (CONUS), the Government will assume shipping costs to the Contractor's overhaul facility. Foreign contractors shall provide a Point of Departure and Point of Entry within the United States for all material shipped for this requirement. For Offerors outside CONUS, the Government will assume shipping costs to the Point of Departure and from the Point of Entry only. Foreign Contractors are responsible for ensuring compliance with all applicable customs laws and regulations and associated charges. The USCG will not reimburse customs charges as a separate charge. Deliveries shall be made to the USCG, Aviation Logistics Center, 1664 Weeksville Rd., Receiving Section, Bldg. 63, Elizabeth City, North Carolina 27909-5001. Inspection and Acceptance shall be in accordance with FAR 52.212-4(a) and will be and will be performed at the U.S. Coast Guard, Aviation Logistics Center or USCG Field Units by the Quality Assurance Branch. A copy of both, the Certificate of Conformance (FAR 52-246-15) and the Airworthiness Certificate is required to be with all overhauled Propeller Assemblies and related components. The following Federal Acquisitions Regulations (FAR) provisions and clauses are incorporated by reference. The full text of a solicitation provision/clause may be accessed electronically at this address: https://www.acquisition.gov/far/index.html. FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (Feb 2012) is incorporated and tailored in accordance with FAR 12.302(a) (c) Offerors shall agree to hold prices firm for ninety (90) calendar days from the closing date of this solicitation. Offerors must be registered in System for Award Management (SAM) system prior to contract award. The SAM website is available at https://www.sam.gov/portl/public/SAM/ 1) Proposals shall be separated into three (3) individual sections - SECTION 1: Technical Acceptability (to include BOTH A. Technical Ability AND B. Quality Control System); SECTION 2: Price; SECTION 3: Past Performance. 2) Offerors shall submit an Original and two (2) copies of their proposal. 3) Due to potential file size, E-mail and facsimile proposal will not be accepted. Proposals shall be submitted to: USCG Aviation Logistics Center, LRS Procurement Branch, 1060 consolidated Road, Elizabeth City, NC 27909, to the attention of Theresa L. Alkeus, Contract Specialist. Include solicitation number HSCG38-13-R-H00002 on package. FAR 52.209-7 Information Regarding Responsibility Matters (Jan 2011) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). (End of provision) FAR 52.211-14 Notice of Priority Rating for National Defense Use (Apr 2008) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) Full text of provisions clauses may be accessed electronically at https://www.acquisition.gov/far FAR 52.212-2 Evaluation of Commercial Items (Jan 1999) Evaluation Criteria Award will be made IAW FAR 15.101-2 to the responsible offeror who submits the lowest price, technically acceptable offer with acceptable or neutral past performance. 1. Technically Acceptable Criteria : Technical acceptability will be evaluated on the ability of the offeror to: A. Proposals shall describe in sufficient detail the offerors ability to perform the overhaul and/or modification work in accordance with the requirements of the SOW with emphasis on addressing the: • Federal Aviation Administration Certified/Authorized Repair Station, or equivalent as listed in the Description of Requirements on page two of the solicitation. • Ability to overhaul and/or modify equipment in accordance with the required technical data including any updates to technical data that may be issued during contract performance. • Ability to meet cold rolling requirements and Low Plasticity Burnishing (LPB) of the Taper Bore as authorized by the U.S. Air Force. • Offerors approach in providing an Airworthiness Certification on all overhauled and/or modified equipment. • Process Flow Chart/Management Plan for 60 day turnaround time to include cold rolling, chrome or HVOF plating and LPB of Taper Bore, including any sub-contracting if utilized. • Staffing Structure for workload management to include certifications and qualifications. • Management of replacement parts inventory to preclude delinquent deliveries. B. Proposals shall describe in sufficient detail the offerors Quality Control System that will be used in performance of the contract with emphasis on: • Inspection procedures • Personnel involved in the inspection process including their qualifications and responsibilities and must have at least one (1) Quality Control and one (1) Engineering staff member with a minimum of ten (10) years experience interpreting 54H60 overhaul technical data and repair criteria from U.S. DoD Technical Instructions. • Traceability of replacement parts to the original equipment manufacturer • Warranty terms and eight hundred (800) flight hours • Address work that will be subcontracted including subcontractor qualifications and formal agreements between the offeror and subcontractors. 2. Price : The contractor shall provide pricing as requested in Attachment 1, to the Solicitation. Any quantity price discounts and discounts for prompt payment should be included in this section. Total price evaluation will be for the Base and all four Option periods. NOTE: Failure to propose pricing for the base year and all respective option years on individual line items may result in a proposal being excluded from further consideration. 3. Past Performance : In accordance with FAR 15.304(c)(3)(i), past performance will be evaluated and the elements listed below are considered subfactors of the complete past performance evaluation. The Government will conduct performance risk assessment based upon the quality of the offerors past performance and its proposed subcontractors, as it relates to the probability of successful accomplishments of the required effort. Relevancy will consider the offeror's experience in overhauling the Hamilton Sundstrand 54H60 model Propeller Assembly and related components. Relevance is determined by efforts that more closely match the size and complexity to the work being acquired under this solicitation. Quality of past performance will consider quality issues and their resolution, timeliness of delivery, and customer satisfaction. Attachment 1 to the Solicitation is an "OFFERORS PAST PERFORMANCE QUESTIONAIRE". Offerors must include a complete Questionnaire with their proposal for three (3) customer references. Contracts (references) listed may include those with the Federal Government, State and Local Governments or their agencies, and Commercial Customers. 0The Government reserves the right to use past performance information obtained from other sources such as the Contractor Performance Assessment Reporting System (CPARS) and Government personnel who are experienced with the offerors performance. If an offeror has no relevant past performance history, offeror must affirmatively state that it possesses no relevant past performance history. FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Dec 2012) Offerors shall include a completed copy of this provision with its offer. Full text of this provision is available at https://www.acquisition.gov/far/   FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Dec 2012) Offerors shall include a completed copy of this provision with its offer. Full text of this provision is available at https://www.acquisition.gov/far/ FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2012) Addendum to FAR 52.212-4 Contract Terms and Conditions 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 FAR 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of Task 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 Task Orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a Task Order or task order and this contract, the contract shall control. (c) If mailed, a Task Order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) FAR 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), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of the Propeller assembly total estimated contract line item quantity; (2) Any order for a combination of items in excess of total estimated contract line item quantity; or (3) A series of orders from the same ordering office within seven (7) calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 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 expiration of contract. (End of clause) FAR 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 60 days before expiration of the option period. (End of clause) FAR 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 thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least forty five (45) calendar 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 Five (5) years. (End of clause) FAR 52.232-19 Availability of Funds for the Next Fiscal Year (Apr1 1984) Funds are not presently available for performance under this contract beyond 30 September 2013. 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 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-15 Certificate of Conformance (Apr 1984), FAR 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full texts of clauses are available at https://www.acquisition.gov/far/ HSAR 3052.222-90 Local Hire (Jun 2006) (a) When performing a contract in whole or in part in a State with an unemployment rate in excess of the national average determined by the Secretary of Labor, the Contractor shall employ, for the purpose of performing the portion of the contract in that State, individuals who are local residents and who, in the case of any craft or trade, possess or would be able to acquire promptly, the necessary skills. (b) Local resident defined. As used in this section, "local resident" means a resident of, or an individual who commutes daily to, a State described in subsection (a). (c) The Secretary of Homeland Security may waive the requirements of paragraph (a) the interest of national security or economic efficiency. (End of clause) DHS FAR Class Deviation Clause 52.232-99 Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)(Aug 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. 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 _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 __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, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or _it is __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, 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) HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF COMMERCIAL ITEMS (Sep 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. None (b) Clauses. 1 3052.205-70 Advertisement, Publicizing Awards, and Releases (Sep 2012) (End of clause) FAR 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)). 0 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 (Aug 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. X (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-Subcontracting 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). _ (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). X (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 (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, 112-42, and 112-43). _ (ii) Alternate I (Mar 2012) of 52.225-3. _ (iii) Alternate II (Mar 2012) of 52.225-3. _ (iv) Alternate III (Nov 2012) of 52.225-3. _ (41) 52.225-5, Trade Agreements (NOV 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). X (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.] _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). Note: This clause will be completed at contract award. 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. _ (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). _ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). _ (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) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (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) It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offeror 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) or Data Other Than Certified Cost or Pricing Data (FAR 14.303-3) to support price negotiations. Date, time and place offers are due: This solicitation will remain open for thirty (30) days, the Closing Date and Time for receipt of offers is JULY 19, 2013 No Later Than 3:30 p.m. Eastern Time. Proposals shall be submitted to USCG Aviation Logistics Center, LRS Procurement, 160 Consolidated Rd., Elizabeth City, NC 27909 and marked to the attention of Theresa Alkeus, Contract Specialist. Questions regarding this solicitation shall be submitted only in writing to Theresa.L.Alkeus@uscg.mil and shall be submitted not later than JULY 15, 2013 1:00 p.m. Eastern Time. Phone calls regarding this solicitation will not be accepted. NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that 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 at 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   Attachment 1 OFFEROR'S PAST PERFORMANCE QUESTIONAIRE Name of Offeror: __________________________________ Cage Code____________ Provide a Customer Business Name:__________________________________________ Provide the Customer Point of Contact (POC) Name and Information so that they can be contacted by the USCG past performance evaluator(s). Name:__________________________________________________________________ Customer POC Email Address: ______________________________________________ Customer POC Phone Number: ______________________________________________ Contract Information (tell us about the contract between you and your customer): Contract Number: ________________________ Contract Value tiny_mce_marker________________ Contract Duration: Start Date ______________ Completion Date _________________ Describe the work performed for your customer under the above contract and include what equipment was overhauled (description and part number), quantities, required delivery schedules and if Deliveries were made on time. Provide reason for Late Deliveries. A separate sheet of paper may be attached if needed to ensure sufficient information is provided. Attachment 1 page 1 of 2 Continuation Past Performance Questionaire QUALITY ISSUES AND RESOLUTIONS Describe any quality issues on the contract and how they were handled and resolved (provide a narrative): Attachment 1 Page 2 of 2
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