Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 10, 2013 FBO #4277
SOLICITATION NOTICE

70 -- Enhanced Ground Proximity Warning system MK VII Upgrade

Notice Date

8/8/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

334511 — Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument 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-Q-010167
 

Archive Date

9/3/2013
 

Point of Contact

Linda D Clark, Phone: 252-334-5212
 

E-Mail Address

linda.d.clark@uscg.mil
(linda.d.clark@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Synopsis: 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 requirement will be satisfied using the commercial acquisition procedures specified in FAR Parts 12 and 13. This announcement constitutes the only solicitation; written quotes are requested. A written solicitation will not be issued. Solicitation number HSCG38-13-Q-010167 is issued as a Request for Quote (RFQ). The contract will be awarded using simplified acquisition test program procedures in accordance with FAR Part 13.5. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-69. This is an unrestricted solicitation. Early deliveries are desired and will be accepted. F.O.B. Destination is requested as the F.O.B. point. Deliver to USCG Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001. BASIS FOR CONTRACT AWARD: This acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection criteria in accordance with FAR 15.101-2. This is a limited source LPTA best value source selection in which technical acceptability is considered the most important factor. By submission of its offer, the Offeror accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. All technically acceptable offers shall be treated equally except for prices. The Government intends to select ONE contractor for award for this effort. Failure to meet a requirement will result in an offer being determined technically unacceptable. For the purpose of award, the Government shall evaluate offers based on the evaluation factors described below: FACTOR 1 Technical Acceptability (Pass/Fail) To be technically acceptable each offeror must be able to provide software upgrades as outlined in the items listed in the attached schedule; compatible with the Original Equipment Manufacturer (OEM) Enhanced Ground Proximity Warning System (EGPWS) MK VII. FACTOR 2 Price The Government may select the source based upon a best value evaluation of the offeror's technical acceptability and price. Past performance shall be viewed as a responsibility determination. In the event two or more technically acceptable offerors bid an identical total price, the Contracting Officer may evaluate responsibility of the contractor by seeking relevant performance information through sources such AMMIS inventory system at the USCG Aviation Logistics Center and records posted on Federal Awardee Performance and Integrity Information System (FAPIIS) and Contractor Performance Assessment Reporting System (CPARS), Past Performance Retrieval System (PPRS), or other government data bases and other sources that are available. If an offeror has limited or no record of relevant past performance, the offeror may not be evaluated favorably or unfavorably but rather receive a neutral rating. The applicable North American Industry Classification Standard Code is 334511. The small business size standard is 750 employees. The award will be in accordance with FAR 6.302-1. The USCG intends to negotiate and award a firm-fixed price contract to the Original Equipment Manufacturer (OEM), Honeywell International, Inc., (02LU7) Tempe, AZ or an OEM authorized facility. All responsible sources may submit quotes which shall be considered by the agency. Schedule of Supplies/Services This requirement is to purchase software upgrades for Enhanced Ground Proximity Warning System (EGPWS) MK VII to support the HC-144A and the HC-130H aircraft fleet.. CLIN ITEM OR SERVICE QTY UNIT PRICE TOTAL 1 Updated Aircraft Configuration Database for HC-144A Aircraft 1 EA 2 Smart Runway/Smart Landing 1 EA 3 Updated Aircraft Configuration Database for HC-130H Aircraft OPTIONAL QTY ONLY 1 EA This line item will only be purchased upon issuance of a modification signed by USCG contracting officer. 4 Training (Not Separately Priced - NSP) 1 EA 1. Overview This Statement of Work (SOW) describes the development effort to be performed by the resultant contractor to upgrade the current EGPWS MK VII software for the HC-144A and HC-130H programs. 1.1. System Description The purpose of the EGPWS MK VII is to help prevent aircraft accidents caused by Controlled Flight Into Terrain (CFIT). The EGPWS MK VII achieves this by accepting various aircraft parameters as inputs, applying alerting algorithms, and providing as aural and visual outputs warnings to the flight crew in case of any of the predefined boundaries being violated. 1.2. Objectives It is the USCG's intention to enter into a firm-fixed price contract with Honeywell International, Inc. to update the current warning envelopes of the EGPWS MK II so as to enhance situational awareness during low altitude mission profiles during some USCG missions for the HC-144A and HC-130H aircraft. This Statement of Work (SOW) establishes the minimum requirements for modification and testing the EGPWS MK VII system upgrade. 2. Applicable Documents 2.1. OEM Documents 993-1076-401 Rev AC Interface Control Document (ICD) for the Mark VII Enhanced Ground Proximity Warning System (MK VII EGPWS). 965-0976-620 Rev J Product Specifications for Military Applications of the Enhanced Ground Proximity Warning System (EGPWS). 2.2. Industry Documents RTCA DO-160C-3 Environmental Conditions and Test Procedures for Airborne Equipment 4 December 1989. RTCA DO-178B Software Considerations in Airborne Systems and Equipment Certification 1 December 1992. RTCA DO-161A Minimum Performance Standards, Airborne Ground proximity Warning System 27 May 1976. TSO-C151b Terrain Awareness and Warning System. TSO-C92c Ground Proximity Warning/Glide slope Deviation Alerting Equipment Standards Authorization, Part 37.201 ARINC 429 Mark 33 Digital Information Transfer System 2.3. Aircraft Documents DWG # 1100-XX-XX Rev HC-144 EGPWS MK VII Wiring Diagram. DWG # 987-0016-270 Rev- HC-130H (A1U) EGPWS MK VII Wiring Diagram 2.4. Coast Guard Technical Order (CGTO) CGTO 85-00-240A Graphics Style Process Guide 2.5. Data Availability 2.5.1 USCG Documents 2.5.1.1 The contractor shall possess or have the ability to obtain their own vendor OEM component maintenance manuals, drawings and specifications. The USCG does not own nor can it provide this data. 2.5.1.2 HC-144A manuals and HC-130H MPCs and TCTOs may be acquired by written request to the USCG Contracting Officer. 2.5.1.3 Honeywell International Inc. Redmond, WA 98073-9701 is the original equipment manufacturer of the EGPWS system and holds all software data rights. The contractor shall have access to the data rights to the equipment and software. 3. Requirements 3.1. General Requirements 3.1.1 Unless otherwise specified herein, the contractor shall provide all labor, materials, parts, equipment, and facilities required to perform the requirements of this SOW. Prototype installation will be performed at Prime Unit located in Mobile, AL. 3.1.2 Contract changes will be through a formal delivery order modification, issued by the USCG Contracting Officer. 3.1.3 All services provided under this contract shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law. 3.1.4 The USCG does not anticipate hardware changes to the existing COTS EGPWS P/N 965-1076-040 (28VDC). 3.1.5 Travel 3.1.5.1 On-site support for integration shall be provided by the contractor. The contractor engineer shall make one visit to a site within CONUS of a duration period not to exceed 5 days. 3.1.5.2 Contractor travel will be as directed by the USCG Contracting Officer; the contractor may be required to travel to various locations to effectively perform the requirements of this contract. When travel is required, the contractor will be reimbursed for expenditures in accordance with current Joint Federal Travel Regulations. 3.1.5.3 Government travel is not anticipated, but if required will be held at government expense. 3.1.6 USCG Final Acceptance Inspection and Acceptance will be by a letter from the USCG Contracting Officer upon inspection and approval by the USCG HC-144A and the HC-130H Engineering Division, and successful completion of ground and flight testing. 3.2. Operational Requirements To meet the USCG requirements the contractor shall address the following: 3.2.1 Mode 1, Excessive Descent Rate, MMA Type 7 Outer Boundary, MMA Type 6 Inner Boundary. No effect in Tactical Mode. 3.2.2 Mode 2, Excessive Terrain Closure Rate, (standard C130/turboprop curves). No effect in Tactical Mode. 3.2.3 Mode 3, Decent After Takeoff, (standard C-130/MMA curve). No effect in Tactical Mode. 3.2.4 Mode 4, Insufficient Terrain Clearance, MMA Type 18. With Tactical Mode engaged, terrain clearance floor is lowered to 170 feet. 3.2.5 Mode 5, Glide slope, Standard commercial curve. No effect in Tactical Mode. 3.2.6 Mode 6, Advisory Callouts/Altitude Callouts, selected from existing callout menu 161. 3.3. Technical Requirements 3.3.1 Detailed work specifications for the HC-144A and the HC-130H EGPWS MK VII software upgrade, clearly defining how the work will be accomplished to meet the requirements of this solicitation. 3.3.2 Based on the operational requirements in section 3.2, the EGPWS wiring configuration categories are listed below. The categories and the category IDs are defined in Honeywell's ICD listed in section 2.1 of this document. See Appendix A for the assigned EGPWS Mark VII pin strapping summary. The contractor shall review current HC-144A and the HC-130H wire schematics listed in Documents section 2.3 and submit revised schematics applicable to the newly modified EPGWS system. Schematics shall be developed IAW Coast Guard Technical Order (CGTO) 85-00-240A, "Graphics Style Process Guide". Electronic schematics (in.dg) are acceptable. The new EPGWS system shall be strapped for recognition by either the HC-144A or the HC-130H aircraft when installed. 3.3.3 The contractor shall create a new aircraft type configuration database for the USCG HC-144A and the HC-130H. The new configuration shall implement the EGPWS mode curves and functions listed in section 3.2 based on the following category ID selections: • Category 1: Aircraft Type Select ID TBD - The contractor shall develop a new USCG specific aircraft type ID • Category 2: Radio Altitude Use existing ID 9 • Category 3: Air Data Use existing ID 31 • Category 4: Attitude / Acceleration Select and flashing Lamp Use existing ID 24 • Category 5: Navigation Inputs Use existing ID 11 • Category 6: Position Source Use existing ID 88 • Category 7: Terrain Display Configuration Use existing ID 46 • Category 8: Altitude Callouts Use existing ID 161 • Category 9: Audio Output Level Use existing ID2 • Category 10: Option Group 1; Display Pop-up, Flap Reversal, Obstacle Awareness Use existing ID 6 • Category 11: Option Group 2; Mode 6 volume, Smart Callout, Bank Angle Use existing ID 1 • Category 12: Option Group 3; ARINC 743 GPS, Audio Declutter, WS Voice Enable Use existing ID 2 • Category 13: Voice Menu Options Use existing ID 0 • Category 14: I/O Discrete Options Use existing ID 8 3.3.4 Tech Data 3.3.4.1 Either possess or show the ability to obtain adequate technical data called out in section 2.0, and the expertise to perform the services meet the requirements of this SOW. All manuals and data shall have current revisions and dates. 3.3.4.2 If the contractor has or receives technical data newer than that listed by the USCG, the contractor shall identify the latest revisions, Service Bulletins, or modifications, and provide a brief synopsis of each by number and date, to the USCG's Contracting Officer for approval. 3.3.4.3 Include the copies of the cover sheet and revision page for each CMM, SB or modification when responding to this requirement. 3.4. Required Deliverables The contractor shall provide the following: 3.4.1 Documentation 3.4.1.1 The contractor shall provide a Flight/Ground Test Plan for use in conjunction with the red label release software mentioned below. 3.4.1.2 The contractor shall provide an updated CMM for the EGPWS MK VII to include the theory of operation of the tactical mode. 3.4.1.3 The contractor shall provide the Software Version Description. 3.4.1.4 The contractor shall provide a document detailing the Limited Software Data Rights for the USCG to distribute the software and configuration database to HC-130H units. 3.4.1.5 The contractor shall proved updated schematics IAW CGTO 85-00-240A, in.dg format. 3.4.1.6 The contactor shall present all necessary planning and draft wiring schematic during a preliminary design review meeting. 3.4.2 Software 3.4.2.1 The contractor shall provide one red label release and one final black label release. 3.4.2.2 The red label release is intended to facilitate the flight test, to validate the low level operational curves. 3.4.2.3 The contractor shall use the latest existing application software baseline. The software changes that the contractor shall make for this program will be limited to creation of an aircraft configuration database for the USCG HC-144A or the HC-130H. No changes to the application software are planned for this program. 3.4.2.4 The contractor shall deliver a TSO certified black label release of the application software and configuration database in the form of two (2) PCMCIA cards which will be field loadable through the card slot on the front of the EGPWS LRU. 3.4.2.5 The contractor shall provide the software application and configuration database on a physical media such as a compact disc. 3.4.3 Project Timeline The contractor shall provide a project timeline with key milestones defined. 3.4.4 Firm-Fixed Price The contractor shall provide firm-fixed price software. 4. USCG POC Contact the USCG Contracting Officer listed in this solicitation and resultant contract for technical or contracting questions. SHIPPING INSTRUCTIONS Components/deliveries (if applicable) shall be shipped FOB Destination to the following address. USCG, Aviation Logistics Center Attn: Receiving Section Building 63 Elizabeth City, NC 27909-5001 MARK FOR: Contract No. ___________________________ (Assigned at time of award) CONTRACT ADMINISTRATIVE DATA ADDRESS FOR CORRESPONDENCE: All correspondence, except as otherwise specified, shall be directed to the following address: USCG, Aviation Logistics Center Attn: MRS Contracting Section 1664 Weeksville Road Elizabeth City, NC 27909-5001 Contract No. ___________________________ (Assigned at time of award) INVOICING INSTRUCTIONS The original Contractor's invoice shall be submitted to the designated billing office for payment as follows: The invoice must reference the contract number and/or delivery order number. The preferred method for invoice submission is via email: ALC-Fiscal@uscg.mil Invoices may also be submitted via U.S. Mail at: Chief, Fiscal Branch USCG, Aviation Logistics Division Building 63 Elizabeth City, NC 27909-5001 Contract No. _____________________________ (Assigned at time of award) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at http://acquisition.gov/far/index.html. 52.217-8 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 must not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 calendar days. 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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. 52.212-1 Instructions to Offerors Commercial Items (JUL 2013) 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.212-2 Evaluation-Commercial Items (JAN 1999) Proposals will be evaluated and contract awarded to the lowest price technically acceptable proposal. Technically acceptable: Proposals must be for the software upgrade of the EGPWS MK VII in order to assure continuity with current operations. Offers for any system other than the EGPWS MK VII will be considered non-responsive. (End of provision) 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG 2013) Alternate I (APR 2011) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. 52.212-4 Contract Terms and Conditions-Commercial Items (JUL 2013) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-N5 52.222-25 Affirmative Action Compliances (APR 1984) 52.225-8 Duty Free Entry (OCT 2010) 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. 52.242-13 Bankruptcy (JUL 1995) 52.246-11 Higher-Level Contract Quality Requirement (FEB 1999) The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract. 52.247-34 F.O.B. Destination (NOV 1991) 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]: 0 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; 0 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 0 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) Primary POC: Linda Clark Email: linda.d.clark@uscg.mil Phone: (252)334-5212 Secondary POC: David Tanner Email: david.e.tanner@uscg.mil Phone: (252) 335-6142. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (AUG 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.] 1 (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 (Jun 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 (Jul 2013) (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 (Aug 2013) (31 U.S.C. 6101 note). 0 (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). 0 (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 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). 0 (9) 52.219-3, Notice of 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 Aside (Nov 2011) (15 U.S.C. 644). 0 (ii) Alternate I (Nov 2011). 0 (iii) Alternate II (Nov 2011). 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. 1(14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). 0 (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (July 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 (Jul 2013) (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 Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15U.S.C. 657f). 1 (23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 0 (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). 0 (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). 1 (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (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). 1 (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 (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.) 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). 1 (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). 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 (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). 0 (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (46) 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 (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (48) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (49) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). 0 (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (52) (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 U.S.C. 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 (Sep 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 (Jul 2013) (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 (1) 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)). 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 (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 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) Closing date and time for receipt of quotations is 17 Aug 2013 at 4:00 pm, Eastern Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-335-6427, Attention: Linda D. Clark. Electronic submissions may be sent to Linda.D.Clark@uscg.mil. Quotations may be submitted on company letterhead stationery and must include pricing. Contractor shall include any quantity discounts that the government can take advantage of. Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All offerors shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the System for Award Management (SAM) throughout the award of the contract. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 

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