Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 12, 2013 FBO #4310
SOLICITATION NOTICE

16 -- REPAIR OF TAIL DRIVE SHAFTS - REQUIREMENTS FOR HSCG38-13-Q-200114

Notice Date

9/10/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 

Contracting Office

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

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-13-Q-200114
 

Point of Contact

Terrie L. Pickard, Phone: 252-335-6128, Isaac L. Brothers, Phone: 2523356822
 

E-Mail Address

Terrie.L.Pickard@uscg.mil, isaac.l.brothers@uscg.mil
(Terrie.L.Pickard@uscg.mil, isaac.l.brothers@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

REQUIREMENTS FOR REPAIR FOR HSCG38-13-Q-200114 HSCG38-13-Q-200114 1. Action Code: K 2. Send to Fed Biz Ops: Yes 3. Date: 9/10/13 4. Classification Code: 16 - AIRCRAFT COMPONENTS & ACCESSORIES 5. Contracting Office Address: USCG Aviation Logistics Center SRR Procurement 1664 Weeksville Road Elizabeth City, North Carolina 27909-5001 6. Title: H-65 SRR Repair of Tail Drive Shafts 7. Response Date: 13 September 2013 at 13:30 PM EDT 8. Primary Point of Contact: Terrie L. Pickard 9. Secondary Point of Contact: Isaac L. Brothers 10. Solicitation Number: HSCG38-13-Q-200114 11. Reference Number: N/A 12. Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 and Part 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation number HSCG38-13-Q-200114 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-69. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. This is an unrestricted solicitation. All responsible sources may submit a quotation which shall be considered by the agency. It is anticipated that a firm-fixed price purchase order shall be awarded on a sole source basis to Western Aerodynamics, Inc. as a result of this synopsis/solicitation. Sources must be able to obtain to the required technical and engineering data, and genuine OEM (Eurocopter France) parts, required to successfully perform the required repairs. Concerns having the expertise and required capabilities to provide these repairs are invited to submit offers in accordance with the requirements stipulated in this solicitation. The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government. SEE ATTACHED PDF TITLED "TERMS AND CONDITIONS - HSCG38-13-Q-200114" FOR APPLICABLE CLAUSES, INSTRUCTIONS AND EVALUATION CRITERIA. Closing date and time for receipt of offers is 13 September 2013 at 13:30 PM EDT. E-mail quotations are preferred and may be sent to terrie.l.pickard@uscg.mil. Please indicate HSCG38-13-Q-200114 in subject line. Quotations may also be faxed to 252-334-5240, or mailed to the following address: USCG ALC 1664 Weeksville Road SRR Hangar 75, HSCG38-13-Q-200114 Attn: Terrie L. Pickard Elizabeth City, NC 27909 NOTICE FOR FILING AGENCY PROTESTS 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. Service Contract Act The Service Contract Act will apply to any contracts awarded through this solicitation, unless the contractor certifies that all elements found in FAR 52.222-51 will be met. IAW FAR 22.1009-4, the place of performance for this contract is currently unknown. The Contracting Officer has determined one possible places of performance and has included a Wage Determination as an attachment to this solicitation. The Contracting Officer will obtain wage determinations for additional possible places of performance if asked to do so in writing at Terrie.L.Pickard@uscg.mil Offerors must request additional wage determinations no later than September 13, 2013 at 10:30 AM EDT. Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit quotations. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price. The following clauses and provisions are included: 52.212-1 Instructions to Offerors - Commercial Items Feb 2012 Evaluation Criteria The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government. Technical Capability: Technical Capability will be rated on the ability of the offeror to meet all requirements listed in the Statement of Work on page 2 of the Terms and Conditions. The offeror must fully describe their ability to repair the air data generators. The offeror must provide the following minimum documentation with their quotations: • Federal Aviation Administration (FAA) 145 Repair Station Certificate (or equivalent European Aviation Safety Agency (EASA) certificate). • ISO 9001-2000 Quality Management Systems - Requirements or equivalent certificate. Price: The contractor shall provide pricing as requested in the attached spreadsheet titled "HSCG38-13-Q-200114 - Requirements". Any quantity price discounts and discounts for prompt payment should be included in this section. The offeror's quotation will be evaluated using one or more of the techniques defined in FAR 13.106-3, in order to determine if it is fair and reasonable. Past Performance: The Government may use information available from past contracts/purchase orders with the United States Coast Guard (USCG), delivery information found in the USCG's AMMIS system, and any information found using sources such as Federal Government sources, Past Performance Information Retrieval System (PPIRS)/Contractor Performance Assessment Reporting System (CPARS). Offerors are advised that more recent performance is more relevant than less recent performance and will be given greater weight in the evaluation process. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be given a neutral past performance rating. Delivery: The USCG requires delivery of all items 45 days after receipt of material. Offerors that can meet the Government's required delivery date will be rated higher than offerors that are unable to deliver on time. Offerors that can deliver sooner than the Government's required delivery date will be rated the highest for this factor. Statement of Work 1.0 BACKGROUND The United States Coast Guard (USCG) currently operates 102 MH-65 Dauphin helicopters. The Eurocopter MH-65 Dauphin is a twin-engine, single main rotor, medevac-capable search and rescue helicopter. The dauphin is primarily a Short Range Recovery (SRR) aircraft used by the USCG to perform search and rescue, law enforcement and homeland security missions. The USCG missions require frequent operation at lower altitudes and in salt-laden environments. These environments accelerate corrosion on airframe structures, engines and components of the aircraft. 2.0 SCOPE The scope of the procurement action is to acquire repair services for the MH-65 tail rotor drive shafts part numbers 365A34 6102 01, 365A34 6202 05 and 365A34 6502 01/02. The repairs will be applied to the following serial numbers only: Forward shaft serial numbers: FR370, FR602, FR771 Center shaft serial numbers: FR801, FR616, FR1139 Rear shaft serial numbers: FR601, FR636, FR899 3.0 OBJECTIVES 3.1 To obtain the services of a Federal Aviation Administration (FAA) authorized repair center to complete specific repairs on nine tail drive shafts (three of each part number). 3.2 These shafts will be used for destructive testing to evaluate the applied repair processes with the ultimate goal of validating additional repairs for these components. 4.0 APPLICABLE DOCUMENTS 4.1 4.1.1 WAD TDS Forward 365A34-6102.1 4.1.2 WAD TDS Center 365A34-6202.05 4.1.3 WAD TDS Aft 365A34-6502.01 4.1.4 MPC 65004.0 4.1.5 MPC 65004.1 4.1.6 MPC 65004.8 5.0 REQUIREMENTS 5.1 Contractor shall be a certified Federal Aviation Administration (FAA) Part 145 authorized repair center and have experience in effective inspection, testing, troubleshooting, cleaning, and repair of the components included in this contract. 5.2 Contractor shall provide copies of all certifications (e.g. FAA, OEM, ISO 9000, etc.) to the Contracting Officer. The contractor shall notify the Contracting Officer verbally and in writing, not later than five (5) calendar days should there be a change in certification status, and disclose all facts relevant to the change. 5.3 Repair of all components under this procurement action must be accomplished IAW specifications set forth in section 4.0. 5.3.1 Inspect I.A.W. MPC 65004.0, 65004.1, 65004.8 5.3.2 Complete currently approved repairs as required. 5.3.3 IAW WAD TDS Forward 365A34-6102.1, WAD TDS Center 365A34-6202.05, WAD TDS Aft 365A34-6502.01 remove all flanges and splined ends, replace all bearings with new, replace all rubber sleeves and reapply sealant, and remove/reapply Rylsan coating. Due to the fact that these shafts will be used for destructive testing to validate repair procedures flange removal, bearing replacement and Rylsan coating reapplication will be done systematically on all shafts regardless of whether or not these components pass inspection criteria. 5.4 All replacement parts including bearings used in the repair of the tail drive shafts will be new and traceable to the OEM or new industry standard hardware specified and approved by the Federal Aviation Administration (FAA). 5.5 The contractor is responsible for all necessary functions to perform services requested. This includes, but is not limited to, required tooling, manuals, test equipment, parts, material, engineering services, management, personnel, documentation, preservation, shipping, etc. 5.6 The contractor must have and provide the facilities, management, tooling, manuals, test equipment, parts, materials, documentation, and personnel to repair the components included in this contract. 6.0 MARKING, PACKAGING, AND PRESERVATION 6.1 Components shall be preserved and individually packaged IAW the applicable component maintenance manual or ASTM D 3951-10. All containers must be labeled on the outside with the NSN, part number, S/N, nomenclature, contract number, delivery order number, CLIN, and vendor cage code. 6.2 The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period not less than one year. 6.3 Packaging matter shall not consist of the following materials: popcorn, shredded paper, Styrofoam or any type of peanut packaging. 6.4 Bar coding is authorized but not required. 7.0 INSPECTION AND ACCEPTANCE 7.1 The contractor shall perform all inspections, tests, and checks as required to demonstrate that the supplies and/or services provided under the contract conform to the contract requirements listed herein. 7.2 Final inspection and acceptance will be performed by ALC quality assurance personnel for quantity, condition, and compliance with contract requirements. 8.0 DELIVERABLES 8.1 All components received by the contractor shall be inspected, repaired, and functionally tested, IAW contract requirements, and returned to the USCG in serviceable RFI condition or as otherwise directed by the USCG Contracting Officer. 9.0 SHIPPING INSTRUCTIONS Material being returned to the USCG under this order shall be shipped via government bill of lading (GBL), or prepared freight IAW FAR 52.247-65, to the following address unless indicated otherwise on the delivery order: Aviation Logistic Center Receiving Section, BLDG 63 Elizabeth City, NC 2799-5001 MARK FOR: SRR Engineering Attn Mr. Tom Schweers 52.212-3 Offeror Representations and Certifications- Aug 2013 Commercial Items X Alternate I of 52.212-3. Apr 2011 An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://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. (End of Provision) Addendum to 52.212-4 Contract Terms and Conditions Commercial Items Jul 2013 Shipping Instructions: Items shall be shipped to the following address: USCG Aviation Logistics Center Receiving Section, Bldg. 63 1664 Weeksville Road Elizabeth City, NC 27909-5001 Purchase Order No. _____________________________ (To be assigned at time of issuance) Deliveries or Performance: F.O.B. Destination is requested as the F.O.B. point for all deliverables. All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND estimated shipping costs are included. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Sep 2013) ___ (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 (Jun 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 (Jul 2013) (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 (Aug 2013) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (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). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business 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. ___ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (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 (Jul 2013) (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. 657f). X__(23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (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)). ___ (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)). 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). ___ (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). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (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). ___ (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, 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). ___ (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 (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X__(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). ___ (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). ___ (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (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)). ___ (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X__(48) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (49) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (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). ___ (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.] *These two clauses will apply unless the contractor certifies that all elements found in FAR 52.222-51 will be met. X__(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). X__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits Aircraft Mechanic II 26.77 Aircraft Mechanic III 28.40 ___ (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.). X__ (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.). ___ (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 (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)). ___ 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) 52.225-26, 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) Contract Clauses 52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation 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. 52.211-15 Defense Priority and Allocation Requirement (DO-N5) Apr 2008 52.212-4 Contract Terms and Conditions - Commercial Items Jul 2013 52.246-15 Certificate of Conformance Apr 1984 52.247-34 F.O.B. Destination Nov 1991 Full Text Clauses 52.232-99 Providing Accelerated Payment to Small Business Aug 2012 Subcontractors (DEVIATION) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) Full Text Provisions 52.211-14 Notice of Priority Rating for National Defense, Apr 2008 Emergency Preparedness and Energy Program Use Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.] (End of Provision) 52.233-2 Service of Protest Sep 2006 (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: USCG ALC SRR Division ATTN: Crystal G. Taber 1664 Weeksville Road Hangar 75 Elizabeth City, NC 27909 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) Full Text Homeland Security Acquisition Regulation (HSAR) Clauses HSAR Provisions 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; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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)
 

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