Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 01, 2014 FBO #4421
SOLICITATION NOTICE

16 -- Overhaul & Repair of Avionic Components - Package #1 - Package #2 - Package #3

Notice Date

12/30/2013
 

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

HSCG38-14-R-H00004
 

Archive Date

2/15/2014
 

Point of Contact

Catrina M McDonald, Phone: 252-335-6962, Belinda T. Watkins, Phone: 2523356541
 

E-Mail Address

Catrina.M.McDonald@uscg.mil, belinda.t.watkins@uscg.mil
(Catrina.M.McDonald@uscg.mil, belinda.t.watkins@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Attachments (HSCG38-14-R-H00004) Statement of Work (HSCG38-14-R-H00004) Soliciation HSCG38-14-R-H00004 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. This requirement will be satisfied using commercial acquisition procedures specified in FAR Part 12 in conjunction with FAR Part 15. Solicitation number HSCG38-14-R-H00004 is assigned to this procurement for tracking purposes only and is issued as a Request for Proposal (RFP). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-71 effective November 25, 2013. This solicitation is issued as a total Small Business Set-side. All responsible sources may submit a proposal which shall be considered by the agency. The North American Industry Classification System Code (NAICS) is 336413 and the small business size standard is 1,000 employees. SUPPLIES/SERVICES CLIN 0001, 1001, 2001, 3001, and 4001: Repair of Altimeter, Encoding, P/N: 28007-204, NSN: 6610-01-HS1-5473 Or P/N: 518-28007-204, NSN: 6610-01-259-0251. Items are serial number tracked and flight critical. The estimated quantity is eighteen (18) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0002, 1002, 2002, 3002, and 4002: Repair of TCAS Transponder, P/N: 066-01143-0601, NSN: 5895-01-450-7800. Items are serial numbered tracked. The estimated quantity is eight (8) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0003, 1003, 2003, 3003, and 4003: Repair of Yaw Dampener Computer, P/N: 622-3167-056, NSN: 6615-01-HS1-2633, Or P/N: 777-1406-056, NSN: 6615-01-038-7297. Items are serial number tracked. The estimated quantity is eight (8) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0004, 1004, 2004, 3004, and 4004: Repair of Antenna Coupler, P/N: 622-6129-001, NSN: 5985-01-151-5848. Items are serial number tracked. The estimated quantity is three (3) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0005, 1005, 2005, 3005, and 4005: Repair of Radio Set Control, P/N: 622-4957-001, NSN: 5821-01-103-8155. Items are serial number tracked. The estimated quantity is one (1) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0006, 1006, 2006, 3006, and 4006: Repair of Flight Computer, P/N: 792-6703-003, NSN: 6615-01-040-0126. Items are serial number tracked. The estimated quantity is fifteen (15) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0007, 1007, 2007, 3007, and 4007: Repair of Autopilot Controller, P/N: 792-6348-005, NSN: 6615-01-038-7299. Items are serial number tracked. The estimated quantity is seven (7) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0008, 1008, 2008, 3008, and 4008: Repair of Air Data Control, P/N: 622-4394-013, NSN: 6615-01-188-4494. Items are serial number tracked. The estimated quantity is seven (7) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0009, 1009, 2009, 3009, and 4009: Repair of Air Data Control, P/N: 622-4393-002, NSN: 6615-01-092-0363 Or P/N: 622-1001-002, NSN: 6615-01-038-7296. Items are serial number tracked. The estimated quantity is three (3) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0010, 1010, 2010, 3010, and 4010: Repair of Autopilot Servo Control, P/N: 522-2900-057, NSN: 6615-01-038-7294. Items are serial number tracked. The estimated quantity is ten (10) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0011, 1011, 2011, 3011, and 4011: Repair of Mode Coupler, P/N: 792-6255-005, NSN: 6615-01-038-7298. Items are serial number tracked. The estimated quantity is three (3) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0012, 1012, 2012, 3012, and 4012: Repair of Course Indicator, P/N: 818, P/N: ID250AARN, P/N: 36104-1L11A2, NSN: 5826-00-505-3094 Or P/N: 36104-1L11A1, NSN: 5826-00-505-2222. The estimated quantity is five (5) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0013, 1013, 2013, 3013, and 4013: Repair of Frequency Converter, P/N: PS62-66D, P/N: PS62-66D-1, P/N: PS62-66D-6, P/N: PS62-66D-12, NSN: 6130-00-421-5314. Items are serial number tracked. The estimated quantity is six (6) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0014, 1014, 2014, 3014, and 4014: Repair of Altimeter Indicator, P/N: 570-23932-012, NSN: 6610-01-543-8567. The estimated quantity is three (3) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0015, 1015, 2015, 3015, and 4015: Overhaul of Attitude Indicator, P/N: 501-1836-01, NSN: 6610-01-HS1-4310, Or P/N: 501-1533-51, NSN: 6610-01-309-1413. Items are serial number tracked. The estimated quantity is seven (7) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0016, 1016, 2016, 3016, and 4016: Overhaul of Rate of Flow Transmitter, P/N: 8TJ50GAS5, NSN: 6620-00-720-3223 Or, P/N: 8TJ50GAS4, NSN: 6620-00-726-8153. The estimated quantity is seven (7) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0017, 1017, 2017, 3017, and 4017: Overhaul of Bearing Distance Indicator, P/N: 18000-2, NSN: 5826-01-459-5969 Or P/N: 276000-001, NSN: 5826-01-096-7531 Or P/N: 276000-1, NSN: 5826-01-096-7531 Or P/N: 102200, NSN: 5826-00-912-3285 Or P/N: ID663BU BOHI, NSN: 5826-00-912-3285 Or P/N: 18000, NSN: 5826-01-150-9431. Items are serial number tracked. The estimated quantity is fifteen (15) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0018, 1018, 2018, 3018, and 4018: Repair of Warning Computer, P/N: 965-0476-088, NSN: 6340-01-101-1888. Items are serial number tracked. The estimated quantity is thirteen (13) each for the base year, twelve (12) each for option year one, eleven (11) each for option year two, ten (10) each for option year three, and nine (9) each for option year 4. The expected turn-around time is forty-five (45) days after receipt of material. CLIN 0019, 1019, 2019, 3019, and 4019: Repair of Height Indicator, P/N: 522-4114-003, NSN: 5841-00-758-4547. Items are serial numbered tracked. The estimated quantity is eight (8) each for the base year, and each option period. The expected turn-around time is forty-five (45) days after receipt of material. CLIN 0020, 1020, 2020, 3020, and 4020: Repair of Altimeter Set, Electrical, P/N: 622-3890-103, NSN: 5841-01-426-8489. Items are serial number tracked. The estimated quantity is eight (8) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. CLIN 0021, 1021, 2021, 3021, and 4021: Repair of Air Data Computer, P/N: 965-0412-002, NSN: 6610-01-101-1913. Items are serial number tracked. The estimated quantity is two (2) each per year, with the expected turn-around time of forty-five (45) days after receipt of material. DESCRIPTION OF REQUIREMENT The Government is soliciting fixed price Proposals for award of an Indefinite Delivery Requirements contract for the overhaul of equipment listed below. The contractor shall provide a firm fixed price proposal to include all parts, labor, tooling, test equipment and facilities necessary to overhaul the Avionic Components. A complete detailed Contract Line Item Number (CLIN) structure is provided as Attachment 8 (herein referred to as Schedule of Supplies or Services). Offerors shall use the Schedule of Supplies or Services for their price proposal. The Statement of Work (SOW) is attached as a separate document to this solicitation. The term of the contract(s) will be for a 12-month Base Period and four (4) 12-month Option Periods for a total duration not exceeding five (5) years. Overhaul services will be purchased by issuance of individually funded fixed price Task Orders as needs arise and funding permits. The latest known revisions of the AFTOs, CMMs, OEMs are identified in the Schedule of Supplies or Services. The USCG does not own nor can it release these documents. The contractor must be able to obtain the referenced AFTOs, CMMs, and OEMs as well as, any applicable service bulletins. SERVICEABLE AND REPLACEMENT PARTS Parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be re-used. Missing parts or parts found to be defective shall be replaced with new parts that meet or exceed the AFTO specifications. Only new replacement parts with traceability to the OEM are acceptable for this requirement. INSPECTION AND ACCEPTANCE Inspection and Acceptance shall be performed by ALC's Quality Assurance department. FREE ON BOARD (F.O.B) POINT Delivery terms shall be F.O.B Destination from contractor facility to U.S. Coast Guard Aviation Logistics Center, Elizabeth City, NC under routine conditions. When authorized in writing, Aircraft on Ground (AOG) urgent requirements may be F.O.B Origin, freight prepaid where shipping costs are reimbursable. Shipping costs over $100.00 must be supported by a copy of the freight bill and shall be annotated on the invoices as a separate charge. DELIVERY Required delivery for all CLINS is 45 days after receipt of material (ARM). Partial deliveries and earlier deliveries are acceptable at no additional cost to the Government. The actual delivery date will be established upon issuance of the resulting Task Orders. SHIPPING All components shall be delivered to: USCG Aviation Logistics Center Receiving Section Bldg 63 1664 Weeksville Rd. Elizabeth City, NC 27909 ATTACHMENTS Attachment 1 Certificate of Conformance Attachment 2 USCG Delivery / Ship to addresses Attachment 3 List of Acronyms Attachment 4 Definitions Attachment 5 Component Repair Record Attachment 6 Monthly Report Attachment 7 Offeror's Past Performance Questionnaire Attachment 8 Schedule of Supplies or Services CONTRACT CLAUSES FAR 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 a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/index.html. FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Sept 2013) FAR 52.204-13 System for Award Management Maintenance. (Jul 2013) FAR 52.211-15 Defense Priority and Allocation Requirements (Apr 2008) FAR 52.212-4 Contract Terms and Conditions - Commercial Items (Sep 2013) FAR 52.217-4 Evaluation of Options Exercised at Time of Contract Award (June 1988) FAR 52.222-49 Service Contract Act - Place of Performance Unknown (May 1989) (a) None at this time; 10 days from 12/30/13 FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.245-1 Government Property (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-4 Inspection of Services-Fixed Price (Aug 1996) FAR 52.246-15 Certificate of Conformance (Apr 1984) FAR 52.247-34 F.o.b. Destination (Nov 1991) FULL TEXT CLAUSES FAR 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery 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 delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery 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 total estimated contract line item quantity; (2) Any order for a combination of items in excess of 50% of the estimated contract quantity or (3) A series of orders from the same ordering office within thirty (30) 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 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) 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 One Hundred Twenty (120) days after contract expiration. (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 thirty (30) calendar days before the contract expires. (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 sixty (60) 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 (Apr 1984) Funds are not presently available for performance under this contract September 2014. 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 September 2014, 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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Nov 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)). ___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 (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). _X_ (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 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 (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 (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-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (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. 657 f). __ (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 (Nov 2013) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (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 2013) (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) 52.225-26, 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). __ (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.] _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 23023 Aircraft Mechanic III WG-12 Monetary Wage to be determined at contract award (contingent upon place of performance); see Fringe Benefits below. 23022 Aircraft Mechanic II WG-11 23040 Aircraft Mechanic Helper WG-5 21110 Shipper Packer WG-4 Fringe Benefits: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 8 years, and 4 weeks after 15 years. Paid Holidays: 10 per year _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.222-17, 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 (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 (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 (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) 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) The contracting officer shall insert the following clause in all solicitations and resultant contracts. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 20 12) 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. HSAR CLAUSES HSAR 3052.222-90 Local Hire (Jun 2006) 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. 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). The Secretary of Homeland Security may waive the requirements of paragraph (a) the interest of national security or economic efficiency. (End of clause) This clause will be applicable only if the contractor's unemployment rate is in excess of the national average unemployment rate. 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 Provision: None Clauses: _X_ 3052.205-70 Advertisement, Publicizing Awards, and Releases (Sep 2012) _X__3052.247-72 F.o.B. Destination Only (Dec 2003). (End of Clause) SOLICITATION PROVISIONS FAR 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 this/these address(es): https://www.acquisition.gov/far/index.html. FAR 52.204-7 System for Award Management (Jul 2013) FAR 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008); DO-N5 Rated FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2013) FAR 52.212-1 Instructions to Offerors-Commercial Items (Jul 2013) is tailored in accordance with FAR 12.302(a): Paragraph (c) Offerors shall agree to hold prices firm for one hundred twenty (120) calendar days from the closing date of this solicitation. Addendum to FAR 52.212-1 Instructions to Offerors-Commercial Items (Jul 2013): Proposal Preliminary Screening (Section I): Proposals will undergo a preliminary screening for compliance with 52.212-1 Instructions to Offerors as well as any tailoring and addendums to this provision. Proposals that do not pass this screening will not move forward to the evaluation phase. All documents under this section shall be located under Section I, Preliminary Screening. Proposals shall be separated into four (4) individual sections. Each section shall have a file tab and cover page to identify each section. Section I. - Preliminary Screening Section II. - Technical Approach (Factor I) Section III. - Past Performance (Factor II) Section IV. - Price (Factor III) Offerors shall submit one (1) original copy of their proposal marked as "original" and two (2) copies marked "copy". The original and each copy shall have a title page identifying the RFP number, company name, address, and cage code. Proposals shall provide copies of the documents identified below as well as any information requested. Contractor Facility (Ref. SOW Sec 10.0): A copy of a current FAA Repair Facility certificate for the exact category of components specified in the Schedule of Supplies/Services OR a copy of a current OEM Certification OR a copy of a current U.S. Air Force certification for the category of the overhaul. Expired certificates are not acceptable. Expired certificates and the absence of a certificate will result in the removal of the proposal from further consideration. Current applicable Documents (Ref. Schedule of Supplies or Services Attachment 8): The Offeror must provide the cover sheet of the latest version of the AFTO in the Schedule of Supplies or Services. Statements that the Offeror is in the process of obtaining the applicable AFTOs is not acceptable and will result in the removal of the proposal from further consideration. Missing coversheets of the AFTOs will also result in removal of the proposals from further consideration. DLSC Registration (Ref. SOW 2.4.2 Source of Technical Documents): Offerors shall provide a copy of a current DLSC Registration. Statements that the Offeror is in the process of obtaining the DLSC Registration is not acceptable and will result in the removal of the proposal from further consideration. Missing copies of the DLSC Registration will also result in removal of the proposals from further consideration. Quality Assurance Manual (Ref SOW 10.1): Offerors shall provide a copy of the complete Quality Assurance Manual. Missing copies of the Quality Assurance Manual or incomplete submissions will result in the removal of the proposal from further consideration. Subcontracting (Ref. SOW Sec 3.1): Proposals shall state if subcontractor(s) will be utilized. If subcontractors will be used, Offerors must describe in sufficient detail the work that will be subcontracted including subcontractor(s) and describe qualifications and any formal agreements between the Offeror and subcontractor(s). Due to the potential file size e-mail and fax submissions will not be accepted. Proposals shall be submitted to the attention of Catrina McDonald, Contract Specialist at the following address: USCG Aviation Logistics Center Long Range Surveillance Product Line Procurement Branch Request For Proposal (RFP) HSCG38-14-R-H00004 1060 Consolidated Road Elizabeth City, North Carolina 27909-5001 The Closing date and time for receipt of proposals is 31 January 2014 at 4:00pm Eastern time. The Solicitation will be open for 30 days. Proposals received after the closing date and time established in this solicitation will be considered late and will be held unopened. Questions regarding the solicitation must be submitted in writing no later than 27 January 2014 at 4:00pm Eastern time to Catrina McDonald, Contract Specialist at Catrina.M.McDonald@uscg.mil, or Belinda Watkins at Belinda.T.Walkins@uscg.mil. Phone calls will NOT be accepted. (End of Provision) FULL TEXT SOLICITATION PROVISIONS FAR 52.212-2 Evaluation - Commercial Items (Jan 1999) The Government will award a contract resulting from this solicitation to the responsible contractor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor I. - Technical Approach Subfactor a) Technical Ability Subfactor b) Quality Control System Factor II. - Past Performance Factor III. - Price The above evaluation factors are listed in their order of importance. Non-price factors when combined are more important than price. As proposals become equal in this area, price may be the determining factor for contract award. The Government reserves the right to award to other than the lowest offeror to obtain best value to the Government. Factor I - Technical Approach: (Proposal Section II): Offerors are required to describe in sufficient detail the information listed in the subfactors below. Subfactor a) Technical Ability: Proposals shall describe in sufficient detail the offerors ability to perform the work in accordance with the requirements of the SOW with emphasis on addressing the following: 1. Ability to overhaul the equipment in accordance with the required technical data including any updates to technical data that may be issued during contract performance 2. The test equipment that shall be used during the overhaul process 3. Information about the calibration program 4. The Offerors approach in providing an Airworthiness Certification on all overhauled equipment. 5. Proposals shall describe the offerors approach to meet required delivery schedules. Offerors may diagram their deliveries in a flow chart. Subfactor b) Quality Control System: Proposals shall describe in sufficient detail the offerors Quality Control System that will be used in performance of the contract with emphasis on the following: 1. Inspection procedures 2. Personnel involved in the inspection process including their qualifications and responsibilities 3. Traceability of replacement parts to the OEM 4. Warranty terms Factor II - Past Performance (Proposal Section III): Past performance will be evaluated for a performance risk assessment and will be considered the quality of the contractor's past performance in timeliness of delivery, quality issues and their resolution, and customer satisfaction. Attachment 7 is the "Offerors Past Performance Questionnaire". Offerors must include a complete questionnaire with their proposal for one (1) customer reference. The Government reserves the right to use past performances information obtained from other sources such as the Contractor Performance Assessment Reporting System (CPARS) and Government personnel who are experienced with the offerors performance. Factor III - Price (Proposal Section IV): An offerors proposal, to be considered for award, must price at least one CLIN, including prices for inspection/no fault found, scrap charge, and the composite hourly labor rate for each contract year to be considered complete. The proposal price will be evaluated to determine fairness and reasonableness. Prices that are extremely high or low in relation to the Government's estimate may be judged unrealistic and may indicate that the contractor has misunderstood the nature of the work to be performed. Therefore, price/cost reasonableness and price/cost realism will be evaluated. Offerors shall understand that low priced proposals perhaps to accept little or no profit or to operate at a loss in order to win new work will be viewed negatively by the Government in assessing the offers understanding of the risk associated with its proposal. The Government intends to award a single contract for the repair or overhaul of all equipment listed in the Schedule of Supplies or Services but reserves the right to break out CLINs and award more than one contract if determined to be in the best interest of the Government. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful contractor within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 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 15.403-3) to support price negotiations. FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (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 System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) FAR 52.233-2 Service of Protest (Sept 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 ______________________. [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.] (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) 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 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) 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 2100 2nd Street, SW, Stop 7112 Washington, D. C. 20593-7112 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695. PERFORMANCE AND OBLIGATION IN ADVANCE OF FUNDS Performance under this contract has been designated by the United States Coast Guard as necessary for avoidance of imminent threat(s) to the safety of human life or the protection of property and this work is excepted from the restriction under 31 U.S.C. § 1341, Limitations on expending and obligating amounts, against creating an obligation in advance of appropriated funds. Accordingly, despite the fact that appropriated funds are not presently available to make all payments under this contract (order), the contractor is authorized to perform under the contract; the government will make payments otherwise required by the contract once the Department of Homeland Security is provided appropriated funds for this contract. The Contracting Officer shall notify the contractor immediately upon DHS receiving or failing to receive such appropriated funds and shall make such funds received available for payment under this contract within 60 days.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-14-R-H00004/listing.html)
 

Place of Performance

Address: 1060 Consolidated Rd, Elizabeth City, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN03259422-W 20140101/131230235255-36dc0e9c243c689c883970c292bfc8bc (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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