Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 22, 2014 FBO #4654
SOLICITATION NOTICE

16 -- NAS SPARES BUY - HSCG38-14-Q-010145 Schedule - T&Cs for HSCG38-14-Q-010145

Notice Date

8/20/2014
 

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, MRS, SRR, MRR, LRS, ESD, IOD, ISD, or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-14-Q-010145
 

Archive Date

10/4/2014
 

Point of Contact

Keith E. Hoffman, Phone: 252-334-5212, David E. Tanner, Phone: 2523356142
 

E-Mail Address

keith.e.hoffman@uscg.mil, David.E.Tanner@uscg.mil
(keith.e.hoffman@uscg.mil, David.E.Tanner@uscg.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

Terms and Conditions for solicitation HSCG38-14-Q-010145. This has been added to assist vendors in reading/understand the T&Cs for this solicitaton and making it easier to send if required within their business structure. CLIN structure that must be utilized by vendors submitting quotes for this solicitation. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subparts 12.6 and 13.5, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-14-Q-010145 is assigned to this procurement for tracking purposes only and is issued as a Request for Quotation (RFQ). This solicitation is being advertised as a Total Small Business Set Aside. Award will only be made to a vendor certifying they are a small business. This will be verified through the System for Award Management (SAM). Any vendor submitting a quote must be registered within SAM. There are no exceptions to this requirement. The award will not be delayed in order to allow a vendor time to register in SAM. Award will be made to the offeror who meets all the criteria contained within this solicitation under FAR clause 52.212-2 and provides the lowest price technically acceptable items. The award will be made in accordance with FAR 13.5. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-76. The North American Industry Classification System Code is 336413 and the small business size standard is 1,000 employees. The US Coast Guard intends to award an Indefinite Delivery Requirements contract with two base periods and three possible option periods. Firm Fixed Price delivery orders will be issued for each purchase. Anticipated award date is October 31, 2014; however, this is an estimate and not an exact date. All responsible sources are encouraged to submit a quotation. All quotes must certify that the vendor receiving this award has the ability to provide documented traceability back to the Original Equipment Manufacturer (OEM) for each component. It is anticipated that more than one award may be made from this solicitation. All quotes must contain pricing for the two base periods and the three option periods. Any quote received that does not contain pricing for all contract periods for individual line items will be considered non-responsive and will be eliminated from consideration. This requirement consists of the following spare parts utilized on the HC-144A USCG aircraft: See the attached file marked "HSCG38-14-Q-010145 Schedule" for a complete list of the 127 parts and quantities required for each possible contract period. All quotes must utilize this attachment for submission. This includes completion of delivery time required for each part. All quotes must be for the part numbers and National Stock Numbers listed on the attachment. Desired delivery is 120 days after receipt of order (ARO) or sooner. Only new items are acceptable. Reconditioned or used are not acceptable. Offerors must be able to provide the necessary certification including traceability to the OEM and provide a Certificate of Conformance (COC) to ensure parts are in airworthy condition and suitable for installation on USCG aircraft. The offeror shall furnish the COC in accordance with FAR clause 52.246-15, Certificate of Conformance (Apr 1984). Prospective vendors who are not the OEM must provide traceability for the materials. Traceability means a clear, complete, documented, auditable paper trail which traces each step from an OEM or distributor to its current location. Drawings or specifications are not available and cannot be furnished by the Government. F.o.b. Destination is required for all deliverables. 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 delivery orders. All parts will be shipped to the USCG Aviation Logistics Center (ALC), Bldg 63, Elizabeth City, NC 27909. F.o.b. Destination. Inspection and acceptance will be performed by ALC warehouse receiving personnel; ensuring for count, condition and evidence of the required part numbers and associated documentation. Packaging, Marking and Preservation The vendor shall comply with ASTM D 3951-10, Commercial Packaging, Shipping and Storage Procedures (8/01/11). Preservation and packaging must comply with ASTM D 3951-10 with the exception stated herein. USCG ALC is a Supply Depot; therefore material will be stored and transshipped to various users. Material shall be packed and labeled suitable for shipment via air, land or sea. Items requiring protection from physical and mechanical damage or which are fragile shall be protected by wrapping, cushioning, pack within compartments, use cartons, or other means to mitigate shock and vibration to prevent damage during handling and shipment. Preservation protection must be sufficient to prevent corrosion, deterioration, moisture damage, or decay during warehouse storage for a period of no less than one year. Packaging material shall NOT consist of the following: popcorn, shredded paper, Styrofoam of any type or peanut style packaging Packing Slip At the time of delivery of supplies, the offeror shall furnish the Government a completed packing slip. Labeling shall include the National Stock Number, Part Number, Nomenclature, Quantity, Contract Line Number, and Contract Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. Certificate of Conformance shall be placed on the outside of individual containers. Shipping Unless otherwise directed by individual delivery orders or modifications, shipment shall be to the following address: Commanding Officer, USCG, ALC 1664 Weeksville Road Receiving Section, Bldg. 63 Elizabeth City, NC 27909-5001 MARK FOR: Contract No. TO BE DETERIMED AT TIME OF AWARD Delivery Order No. TO BE ASSIGNED AT ORDER PLACEMENT Invoicing Instructions Unless otherwise specified in the schedule or on individual delivery orders issued under this contract, Invoices shall be submitted IAW FAR 52.212-4 to the designated billing office for payment as noted below. The invoice SHALL reference the contract number, the delivery order number, delivery order line item, national stock number, and part number. It is preferred and the Contractor is HIGHLY encouraged to submit invoices electronically to ALC-Fiscal@uscg.mil. Chief, Fiscal Branch Bldg. 63 USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 MARK FOR: Contract No. TO BE DETERMINED AT TIME OF AWARD Delivery Order No. TO BE ASSIGNED AT ORDER PLACEMENT The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses are included: FAR 52.212-1, Instructions to Offerors - Commercial Items (Apr 2014) with the following included by addendum: (b) Offerors shall submit pricing and delivery lead times in the attached spreadsheet titled "HSCG38-14-Q-010145 Schedule". Vendors shall submit an electronic copy of the quote to Keith E. Hoffman at keith.e.hoffman@uscg.mil no later than September 19, 2014 at 4:00 P.M. Eastern time. All submissions shall include "Solicitation HSCG38-14-Q-010145" in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. (c) Prices must remain effective for 90 days after solicitation closes. Cost or Pricing Data It is Department of Homeland Security (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 (Federal Acquisition Regulation (FAR) 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations. 52.212-2 Evaluation -Commercial Items (Jan 1999) Quotes will be evaluated and contract awarded to the lowest price technically acceptable. Technically Acceptable quotes will be evaluated by the following pass/fail criteria: 1. Vendor is registered, and current, within the System for Award Management (SAM). 2. Vendor complies with ASA-100 certified or in compliance with FAA Advisory Circular 00-56A. 3. Quote provided contains pricing/delivery time for all five contract periods and are the exact part numbers and quantities identified on the attachment labeled "HSCG38-14-Q-010145 Schedule". 4. Quotation is for F.o.b. Destination only. 5. Warranty confirmation of 12 months or longer provided with quotation. 6. Past Performance Information: Past Performance will be evaluated to determine an offerors ability to perform this contract successfully. All quotes shall provide two past or current contracts (which may include Federal, State, local government or private) for efforts similar to this requirement to include the contract number and a point of contact with phone number and email address. Additionally, the government will take into account information gathered from the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov and any known past performance issues known by the issuing Contract Office. Acceptability will be based on adherence to established delivery lead times and the ability to work within the contract pricing and any administration issues. Consistent with FAR Provision 52.212-1(h), the Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate contracts, it is determined that the multiple awards will result in the lowest overall cost to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a contract is in excess of $1,000.00. Quotation Submittal Checklist. (Provided to assist with quotation development and is not all inclusive. This checklist is not required to be submitted with quote.) Required in Quotation Completed Current in SAM system. ASA-100 certified or in compliance with FAA Advisory Circular 00-56A. Quote provided contains pricing/delivery time for all five contract periods and are the exact part numbers and quantities identified on the attachment labeled "HSCG38-14-Q-010145 Schedule". F.o.b. Destination only Warranty information provided with quotation Past Performance Information 52.212-3 - Offeror Representations and Certifications-Commercial Items May 2014 X Alternate I of 52.212-3. May 2014 An Offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). 0 Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 1 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). 1 (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 0 (5) [Reserved] 0 (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)(Pub L. 111-117, section 743 of Div. C). 0 (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)(Pub. L. 111-117, section 743 of Div. C). 1 (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). 0 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). 0 (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). 0 (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0 (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). 0 (13) [Reserved] 1 (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). 0 (ii) Alternate I (Nov 2011). 0 (iii) Alternate II (Nov 2011). 0 (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 1(16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)). 0 (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4).) 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (July 2010) of 52.219-9. 0 (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 1 (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 0 (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). 1 (25) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). 0 (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). 0 (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). 1 (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). 1 (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 1 (32) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). 1 (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 1 (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). 1 (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 0 (36) 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.) 0 (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514). 0 (ii) Alternate I (JUN 2014) of 52.223-13. 0 (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514). 0 (ii) Alternate I (JUN 2014) of 52.223-14. 0 (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (41) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.13423 and 13514). 0 (ii) Alternate I (JUN 2014) of 52.223-16. 1 (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). 1 (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). 0 (44) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). 0 (ii) Alternate I (May 2014) of 52.225-3. 0 (iii) Alternate II (May 2014) of 52.225-3. 0 (iv) Alternate III (May 2014) of 52.225-3. 0 (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (47) 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). 0 (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 0 (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 1 (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 0 (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] 0 (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). 0 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 0 (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). 0 (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). 0 (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). 0 (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C 1792). 0 (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 (May 2014) (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 (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67) (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67) (xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 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). (xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xvi) 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) 52.252-2 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/ address https://www.acquisition.gov/far. 52.212-4 Contract Terms and Conditions - Commercial Items (May 2014) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.246-15 Certificate of Conformance (APR 1984) 52.247-34 F.o.b. Destination (NOV 1991) Full Text Clauses 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)(DHS - USCG DEVIATION 14-01) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908 (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause) 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 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 are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control. (c) If mailed, a delivery 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) 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 20% of estimated contract quantity; or (3) A series of orders from the same ordering office within 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 fifteen (15) 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) 52.216-21 Requirements (Oct 1995) (a) This is a requirements contract for thesupplies 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 determined at time of award based on six (6) months after expiration date of ordering period. (End of clause) 52.217-6 Option for Increased Quantity (1989). The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contact expiration. Delivery of the added item shall continue at the same rate as the like item called for under the contract, unless the parties otherwise agree. (End of clause) 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) 52.252-6 Authorized Deviations in Clauses (Apr 1984) Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(Deviation)" after the date of the clause. Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any HSAR. [insert regulation name] (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) Solicitation Provisions Incorporated by Reference 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 aand 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 https://www.acquisition.gov/far. 52.217-5 Evaluation of Options (Jul 1990) Full Text Homeland Security Clauses 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: [The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.] (b) Clauses. 1 3052.205-70 Advertisement, Publicizing Awards, and Releases. 1 3052.247-72 F.o.b. Destination Only. (End of clause) Homeland Security Provisions 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) The Closing date and time for receipt of quotes is: September 19, 2014 at 4:00pm Eastern Time. Quotes may be submitted electronically to Keith.E.Hoffman @uscg.mil. David.E.Tanner@uscg.mil is the secondary point of contact. Questions regarding this solicitation must be submitted electronically to Keith.E.Hoffman@uscg.mil no later than September 12, 2014 4:00pm Eastern time. Phone calls regarding this solicitation prior to its closing will not be accepted. Quotes may also be mailed to the below address: USCG Aviation Logistics Center MRS Procurement Branch, DRS Hangar ATTN: Keith Hoffman/HSCG38-14-Q-010145 Elizabeth City, NC 27909-5001 NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government 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. 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 applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard 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 reasons of unusual and compelling urgency 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(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. The Ombudsman Hotline telephone number is 202.372.3695.
 

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