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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 24, 2016 FBO #5419
MODIFICATION

58 -- Repair of APS-143 radar components

Notice Date
9/22/2016
 
Notice Type
Modification/Amendment
 
NAICS
488190 — Other Support Activities for Air Transportation
 
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
HSCG38-16-Q-010085
 
Archive Date
10/15/2016
 
Point of Contact
Tonya W Bush, Phone: 252-335-6195, David E. Tanner, Phone: 2523356142
 
E-Mail Address
tonya.w.bush@uscg.mil, David.E.Tanner@uscg.mil
(tonya.w.bush@uscg.mil, David.E.Tanner@uscg.mil)
 
Small Business Set-Aside
N/A
 
Description
THIS RFQ IS AMENDED TO REVISE THE CLOSING DATE TO 30 SEPTEMBER 2016 AT 3:00PM EASTERN TIME. Request for Quotation HSCG38-16-Q-010085 Page 2 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS FIRM FIXED PRICE PER UNIT USCG PART NUMBERS ARE AVIATION COMPUTERIZED MAINTENANCE SYSTEM (ACMS) TRACKED ITEMS ESTIMATED QUANTITY PER ORDERING PERIOD Award Date through NSN 12 month 12 month 12 month 12 month 12 month PART NO. Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering NOMENCLATURE 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 USCG part numbers: Contract Line Item Numbers (CLIN's) 1001 2001 3001 4001 5001 NSN 5836-01-HS1-9298 P/N 737-4000-001 or 737-4000-002 (non-**TWTA) RECEIVER TRANSMITTER 5 6 6 7 8 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1002 2002 3002 4002 5002 No Fault Found For P/N 737-4000-001 or P/N 737-4000-002 2 2 2 3 3 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1003 2003 3003 4003 5003 NSN 5836-01-HS1-9298 P/N 737-4000-001 or 737-4000-002 (**TWTA only) RECEIVER TRANSMITTER 2 2 3 3 4 $ $ $ $ $ Page 3 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS FIRM FIXED PRICE PER UNIT USCG PART NUMBERS ARE AVIATION COMPUTERIZED MAINTENANCE SYSTEM (ACMS) TRACKED ITEMS ESTIMATED QUANTITY PER ORDERING PERIOD Award Date Through NSN 12 month 12 month 12 month 12 month 12 month PART NO. Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering NOMENCLATURE 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 USCG part numbers: Contract Line Item Numbers (CLIN's) 1004 2004 3004 4004 5004 NSN 5836-01-HS1-9298 P/N 737-4000-001 or 737-4000-002 (**TWTA & one or more failed Shop Replaceable Units) RECEIVER TRANSMITTER 1 1 2 2 3 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1005 2005 3005 4005 5005 NSN 5985-01-HS1-9891 P/N 737-5000-002 ANTENNA PEDESTAL 3 3 4 4 4 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1006 2006 3006 4006 5006 No Fault Found For P/N 737-5000-002 2 2 2 2 2 $ $ $ $ $ Page 4 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS FIRM FIXED PRICE PER UNIT USCG PART NUMBERS ARE AVIATION COMPUTERIZED MAINTENANCE SYSTEM (ACMS) TRACKED ITEMS ESTIMATED QUANTITY PER ORDERING PERIOD Award Date Through NSN 12 month 12 month 12 month 12 month 12 month PART NO. Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering NOMENCLATURE 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 USCG part numbers: Contract Line Item Numbers (CLIN's) 1007 2007 3007 4007 5007 NSN 1680-01-HS1-9892 P/N 737-3000-001 SIGNAL PROCESSOR ASSY 5 5 6 6 7 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1008 2008 3008 4008 5008 No Fault Found For P/N 737-3000-001 2 2 2 3 3 $ $ $ $ $ *NOT SEPARATELY PRICED **Traveling Wave Tube Assembly (TWTA) P/N 528131-2   Page 5 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS FIRM FIXED PRICE PER UNIT ESTIMATED QUANTITY PER ORDERING PERIOD Award Date Through NSN 12 month 12 month 12 month 12 month 12 month PART NO. Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering NOMENCLATURE 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 NAVAIR part numbers: Contract Line Item Numbers (CLIN's) 1009 2009 3009 4009 5009 P/N 527583-4 RECEIVER TRANSMITTER 0 0 1 1 2 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1010 2010 3010 4010 5010 No Fault Found For P/N 527583-4 0 0 1 1 2 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1011 2011 3011 4011 5011 P/N 529488-002 ANTENNA PEDESTAL 0 0 1 1 2 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1012 2012 3012 4012 5012 No Fault Found For P/N 529488-002 0 0 1 1 2 $ $ $ $ $ Page 6 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS FIRM FIXED PRICE PER UNIT ESTIMATED QUANTITY PER ORDERING PERIOD Award Date Through NSN 12 month 12 month 12 month 12 month 12 month PART NO. Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering NOMENCLATURE 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 NAVAIR part numbers: Contract Line Item Numbers (CLIN's) 1013 2013 3013 4013 5013 P/N 527588-4 SIGNAL PROCESSOR ASSY 0 0 1 1 2 $ $ $ $ $ Contract Line Item Numbers (CLIN's) 1014 2014 3014 4014 5014 No Fault Found For P/N 527588-4 0 0 1 1 2 $ $ $ $ $ Page 7 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS *NOT SEPARATELY PRICED (NSP) ITEM NUMBERS ESTIMATED QUANTITY PER ORDERING PERIOD Award Date Through FORMS FOR 12 month 12 month 12 month 12 month 12 month SUBMITTAL & Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering NOTIFICATION 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 Component Repair Record (CRR) and USCG Acceptance Test Procedure Sheet (ATPS) Form or NAVAIR ATDS (Acceptance Test Data Sheet) Form Contract Line Item Numbers (CLIN'S) 1015 2015 3015 4015 5015 1 form with each tracked *NSP *NSP *NSP *NSP *NSP Item AND 1 copy to USCG Tracking Data Entry or 1 copy to NAVAIR NTWP (see addresses in statement of work) Certificate of Conformance (FAR clause 52.246-15) Contract Line Item Numbers (CLIN'S) 1016 2016 3016 4016 5016 1 form with each item *NSP *NSP *NSP *NSP *NSP Contractor Receipt/Verification of Material Contract Line Item Numbers (CLIN'S) 1017 2017 3017 4017 5017 Provide to the Contracting *NSP *NSP *NSP *NSP *NSP Officer upon receipt of material (email notification is acceptable) Page 8 ISSUANCE OF TASK ORDERS IS AUTHORIZED VIA ELECTRONICALLY ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES CONTRACT LINE ITEMS *NOT SEPARATELY PRICED (NSP) ITEM NUMBERS ESTIMATED QUANTITY PER ORDERING PERIOD Award Date Through 12 month 12 month 12 month 12 month 12 month FORMS FOR Year Year Year Year Year Ordering Ordering Ordering Ordering Ordering SUBMITTAL 1 2 3 4 5 Period 1 Period 2 Period 3 Period 4 Period 5 Packing Slip Contract Line Item Numbers (CLIN'S) 1018 2018 3018 4018 5018 1 copy with each delivery *NSP *NSP *NSP *NSP *NSP Individual Subcontracting Report (ISR) and Summary Subcontracting Report (SSR) shall be submitted to the Electronic Subcontracting Reporting System (eSRS) (FAR 52.219-9 and HSAR 3052.219-70) Contract Line Item Numbers (CLIN'S) 1019 2019 3019 4019 5019 1 As Required *NSP *NSP *NSP *NSP *NSP USCG Government Property Report (see HSAR clause 3052.245-70) Contract Line Item Numbers (CLIN'S) 1020 2020 3020 4020 5020 1 As Required *NSP *NSP *NSP *NSP *NSP Page 9 ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES PROPOSED ESTIMATED TOTAL AMOUNTS PER ORDERING PERIOD: ORDERING PERIOD 1: $ ORDERING PERIOD 2: $ ORDERING PERIOD 3: $ ORDERING PERIOD 4: $ ORDERING PERIOD 5: $ TOTAL PROPOSED ESTIMATED AMOUNT: $ Page 10 ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES In cases where one or more SRU(S) in an APS-143C(V)3 LRU return are determined to be BER, the following replacement pricing shall apply (refer to the statement of work instructions entitled "Beyond Economical Repair (BER)") Pricing is to be submitted for each ordering period as follows for Replacement Part Pricing Award Date Through PART NO. Ordering Ordering Ordering Ordering Ordering NOMENCLATURE Period 1 Period 2 Period 3 Period 4 Period 5 Antenna/Pedestal 737-5007-001 Corp Fed Antenna Array 413322-1 Rotary Joint, EL 518727-1 Motor-EL 529528-001 Servo Preamp PWB Assy 528073-1 Slip Ring Assy 518745-1 Servo Motor Azimuth 529550-001 Rotary Joint Assy Page 11 ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES Award Date Through PART NO. Ordering Ordering Ordering Ordering Ordering NOMENCLATURE Period 1 Period 2 Period 3 Period 4 Period 5 Signal Processor 726-3020-001 Radar Signal Proc 529515-002 Cat Graphics Proc Assy 737-3050-005 CCA, SP Interface 529172-003 Digital SP Config 726-3040-002 Prog SP Config 726-3061-001 Power Sply Page 12 ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES Award Date Through PART NO. Ordering Ordering Ordering Ordering Ordering NOMENCLATURE Period 1 Period 2 Period 3 Period 4 Period 5 Receiver/Transmitter 528131-2 TWTA 528031-3 Receiver Exciter 526196-1 RF Head Assy 528682-2 Waveform Generator 528019-1 MMP Compress 528604-004 A/D-AGC Convert Assy 726-2012-001 Low Voltage Pwr Sply 527544-2 Wide Band Receiver Page 13 ADDENDUM 1- SCHEDULE OF SUPPLIES/SERVICES AND PRICES Award Date Through PART NO. Ordering Ordering Ordering Ordering Ordering NOMENCLATURE Period 1 Period 2 Period 3 Period 4 Period 5 Receiver/Transmitter 720-4400-006 RT CTRL Interface Assy 526197-1 TRL 728-2028-001 Saw Assy 16. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This requirement will be satisfied using commercial item acquisition procedures specified in FAR Part 12, Acquisition of Commercial Items and simplified acquisition procedures in accordance with FAR part 13.5. This announcement constitutes the only solicitation; written proposals are being requested and a written solicitation will not be issued. This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-89. The North American Industry Classification System (NAICS) code is 488190. The small business size standard is $32.5 million average annual receipts. The award will be in accordance with FAR 6.302-1. This contract will be awarded as a firm-fixed-price indefinite delivery requirements contract consisting of 5 one-year ordering periods. The Coast Guard does not own nor can it provide Original Equipment Manufacturer (OEM) specifications, Component Maintenance Manuals (CMMs), Revisions, Service Bulletins, Modifications, or Drawings. ALL QUANTITIES ARE ESTIMATES. The USCG intends to award to Telephonics Corporation, Farmingdale, NY 11735 or a Federal Aviation Administration (FAA) authorized repair center that is able to repair the following components conforming to the Original Equipment Manufacturer's (OEM) specifications, drawings, service bulletins, and performance requirements. All responsible sources may submit a capability statement and quotation which shall be considered by the agency. Anticipated date of award is 01 November 2016. 1. BACKGROUND The U.S. Coast Guard (USCG) currently operates eighteen HC-144 aircraft (to include HC144-A and HC144-B). The aircraft is manufactured by EADS CASA Aircraft based in Seville, Spain. End state for the fleet size is 18 assets. The projected average annual flight hours for the HC-144 operational aircraft are 1,200 hrs. Projected number of operational aircraft for the five-year contract period: Contract Period Fiscal Year Average Number of Operational Aircraft Ordering Period - Year 1 FY17 18 Ordering Period - Year 2 FY18 18 Ordering Period - Year 3 FY19 18 Ordering Period - Year 4 FY20 18 Ordering Period - Year 5 FY21 18 The base CASA CN-235M aircraft provides the foundation for the HC-144, changes to base aircraft configuration and the addition of supplementary systems have been combined resulting in a CG01version of the CN-235M, the USCG HC-144 Maritime Patrol Aircraft. These aircraft support the USCG Search and Rescue (SAR) missions as well as surveillance and reconnaissance missions performed primarily over water where the aircraft and system components are constantly operated in salt-laden environments. The HC-144's ability to successfully meet mission requirements relies heavily on fully functional APS-143C(V)3 radar systems. The USCG APS-143C(V)3 radar system consist of three major components: the receiver/transmitter (R/T) P/Ns 737-4000-001 & 737-4000-002, the signal data processor (S/P) P/N 737-3000-001, and the antenna pedestal (A/P) P/N 737-5000-002 and is designed for a belly-mount configuration. The APS-143C(V)3 radar major components are serial number tracked under the USCG's Aviation Computerized Maintenance System (ACMS). This tracking provides a historical record of repair, overhaul, maintenance, item location, and status. It also provides an effective method of configuration control. The Naval Air Systems Command (NAVAIR) manages the KC-130T which is a multi-role, multi-mission tactical tanker/transport aircraft that provides air-to-air refueling as well as rapid ground refueling and tactical transportation and delivery of personnel and cargo. NAVAIR has four radar systems that shall be covered under this contract. The NAVAIR APS-143C(V)3 radar system consists of three major components: the Receiver/Transmitter (R/T), current Part Number 527583-4 (proposed 732-2000-1XX), the Signal Data Processor (S/P), current Part Number 527588-4 (proposed 732-3000-1XX), and the Antenna Pedestal (A/P), current Part Number 529488-002. 2. STATEMENT OF WORK Contractor shall be a Federal Aviation Administration (FAA) authorized repair center, or equivalent, to effectively test, troubleshoot, clean, repair and/or modify components of the APS-143C(V)3 radar to the latest configuration to provide Ready For Issue (RFI) APS-143C(V)3 radar components in support of the HC-144 and KC-130T aircraft. Part numbers identified are the part numbers installed on the delivered aircraft, procured as repair pipeline sparing, or identified in the aircraft OEM cross reference manuals. Repaired APS-143C(V)3 radar components must comply with the Original Equipment Manufacturer's (OEM) specifications, OEM maintenance manuals, drawings, Service Bulletins, USCG authorized OEM component software where applicable, NAVAIR authorized OEM component software where applicable, and the performance requirements set forth in the OEM technical specifications that are current at the time of repair. Each APS-143C(V)3 radar component when installed shall be required to operate as designed and interface with the other subsystems onboard the aircraft without the need for adjustment, calibration or induce degradation of system operations. The Contractor is responsible for all necessary functions to perform services requested. This includes, but is not limited to: Trained Personnel; Required Tooling; Calibrated Test Equipment; FAA and/or OEM approved replacement parts; possession of or access to all current publications and documents pertaining to repair of the APS-143C(V)3 radar components covered under this contract; preservation and shipping. The Contractor's responsibilities to USCG ACMS consist of ensuring that the significant component history corresponds with the component, and that all OEM service bulletins remain incorporated upon completion of work. Contractor shall ensure it has access for the duration of this contract to updated drawings and specifications for parts and material required for repairs performed under this contract. Additionally, Contractor shall provide the necessary facilities, labor, tooling, and test equipment, and consumables (min/max, bulk items, piece-parts, etc.) required to return the items to a RFI condition. RFI is defined as that condition allowing the items to perform properly and reliably in an operational environment in a manner they were intended to operate. Repairs performed by the Contractor shall be performed in accordance with the contractor's current repair procedures for the item(s) being repaired. Requests for approval of changes to a repair source or repair facility shall be submitted in writing to the government prior to making any such change. Items returned to the Contractor shall be disassembled to the extent necessary to return the item to a serviceable and operational condition or to accomplish any required modifications. Inspection of such items shall be limited to the specific repair and/or modification. Exterior finishing should be accomplished only to the extent necessary to provide adequate protection. Unless specifically directed, painting or previous surface preservation done by other activities shall not require refinishing. The following represent non-function defects and shall not be repaired: A. Minor wear (e.g. rounding, scraping, etc.) on connectors which does not affect electrical/mechanical function or present a future FOD risk. B. Discolored hardware, handles, printed circuit board, etc. C. Minor dents, distortions, scratches, or chips that do not affect fit or utilization. D. Chipped components (not affecting hermetic seal or function). 2.1. Incoming Inspection: The equipment shall be thoroughly inspected on the exterior upon receipt by the Contractor. The government shall be informed if the Line Replaceable Unit (LRU) is received with any damage (e.g., from abuse/misuse and/or mishaps of impact, fire, immersion, incorrect packaging and/or shipping damage, or chemical/salt corrosion, etc.) and provide photo of said damage, in addition to the documented reason for return (if different). 2.2. Test and Retest Requirements: Failure verification testing shall employ the same or equivalent test equipment and Acceptance Test Procedure (ATP) as is used to perform new production hardware sell-off. Additional resources (test equipment and other procedures) may be employed above those used in normal production. If the original reported defect cannot be verified, the Contractor shall perform additional testing, to include Environmental Stress Screening (ESS) (vibration, thermal, etc.), before the Contractor terms the defect as "no fault found" or "cannot verify". Every component shall pass the ATP before it is returned to the government, even if no repair was made. 2.3. Acceptance Test Procedure (ATP): Acceptance testing, in the form of regression testing, shall be performed on each repairable component, prior to delivery, to the latest factory-approved ATP or equivalent repair ATP. The Contractor shall submit a copy of the ATP(s) IAW the Material Tracking System Requirements. 2.4. Environmental Stress Screening (ESS): For all No Fault Founds (NFFs) and most repairs (depending on the nature and extent of the repair), LRUs shall be subjected to Environmental Stress Screening (ESS) based on MIL-HDBK-344A (random vibration and two thermal cycles) in accordance with the OEM form 9078, Product Support: ESS or Highly Accelerated Stress Screening (HASS) for Field Return Units. The Contractor shall document all repairs or modifications made during ESS testing on the USCG Component Repair Record (CRR). 2.5. Safety Requirements: Contractor shall verify that all safety design features have been preserved after any diagnostic testing, acceptance testing, hardware upgrades, software upgrades, or repair work has been performed. Contractor shall fully cooperate with the government in the event any safety critical issue or deficiency is identified concerning the repair, modification, replacement, or refurbishment of the items processed by the Contractor. This cooperation shall include the investigation of the safety deficiency and potential corrective actions in an expedient manner in order to minimize the exposure and any resulting liability to both the Contractor and the government from such safety related deficiency. 2.6. Data Management: Contractor shall maintain a Data Management file to monitor, catalog and document all program data pertinent to repairs. Upon request, this file shall be provided to the government. 2.7. Configuration Management: Contractor's product support organization responsible for this contract shall maintain its participation with the configuration management procedures, in accordance with its internal, approved procedures. 2.8. Configuration Control: All equipment shall remain at the configuration level as received unless otherwise directed by the government and agreed to by Contractor, except for any mandatory changes defined by approved (and separately funded) Engineering Change Proposals. 2.9. Purchased Material Control and Parts Control: Contractor shall establish and maintain a system of control over purchased parts and material. Such controls shall, at a minimum, assure that the parts and material purchased are in compliance with the requirements of this contract. 2.10. Risk Management: Contractor shall support the government's risk management process by providing candidates and solutions for early identification, continuous tracking and systematic reduction of any elements that could impact the contractor's ability to meet its technical, cost or schedule objectives. The Contractor shall implement an internal risk management process to identify risks, categorize probability and impact (cost, schedule and technical), and develop mitigation plans to both avoid the risk occurrence, and to mitigate the identified risks, at both the contractor and contractor's suppliers. 2.11. Program Reviews (PRs): The Contractor shall at a minimum conduct a Program Review (PR) annually. PRs shall be held at either the contractor's Elizabeth City facility or at the USCG Aviation Logistics Center. At the annual PR, the Contractor shall brief the government on schedules, technical performance status, risk assessments and corrective action plans. PRs can also include but are not limited to the following topics: a. Status and projection of current repairs-LRU level. b. Status and projection of current repairs-Shop Replaceable Unit (SRU) level. c. Supply chain/vendor performance. d. Detailed account of government spare inventory including any spares used in repairs and/or SRUs and S-SRUs transferred between units. e. Repair Turn Around Time (RTAT) measurements and improvement initiatives. f. Reliability trends including failure analysis results to include NFF. g. Action Item Status & Obsolescence impacts. h. Evaluation of LRUs suspected of intermittent operability. i. Fleet Performance from contractor's perspective. The Contractor shall provide the government with an agenda for the annual PR, and publish the resulting minutes. The PR agenda shall be delivered at least three working days prior to the review. Either party can request additional PRs concerning any of the above topics or topics concerning the performance of the equipment or contract. The party requesting the PR is to provide an agenda and publish the resulting minutes. 2.12. Electromagnetic Interference (EMI) Control/Repair Requirement: Any part of an electronics assembly that undergoes the repair process must comply with the original box requirements when reassembled. For example, if a repair unit requires removal of the front panel of an enclosure, then the electrical bonding between the front panel and chassis must be verified upon reassembly. Connector backshells shall only undergo a recheck if the connector is touched during the repair process (this includes temporary removal to access internal parts). Removable EMI gaskets may not be re-used; if disassembled, the original gasket shall be replaced and the bonding of the assembly shall be tested as if the box was newly assembled. Top covers, bottom covers, front and rear chassis panels that have permanent EMI gaskets, shall not be replaced unless damaged beyond economical repair (BER). 2.13. Repair Turn Around Time (RTAT): RTAT shall be calculated in calendar days from the point in time the component is received and inducted (funded) at contractor's facility to the date when the item is received by ALC, NAVAIR, or designated air station. Contractor's induction date shall be the next business day following receipt of a unit at their facility and funding authorization (task order), whichever is later. The RTAT shall be suspended if additional funding is required and subsequently authorized by the USCG Contracting Officer or the Naval Test Wing Pacific Maintenance Officer via modification. 2.14. Environmental Requirements: All parts must be thoroughly cleaned IAW applicable Component Maintenance Manuals or FAA Advisory Circular 43-205, Guidance for Selecting Chemical Agents and Processes for Depainting and General Cleaning of Aircraft and Aviation Products, to ensure they are as free as practicable of all hazardous dust to include hexavalent chromium, cadmium, lead, etc., prior to being returned to ALC. ALC may take random samples of parts to ensure they are free as practicable of all hazards. Information on these hazards can be found in Occupational Safety and Health Standards 1910.1025 (lead), 1910.1026 (Hexavalent Chromium) and 1910.1027 (Cadmium). 3. F.O.B. POINT F.O.B. Destination Applies- the Contractor shall be responsible for shipping charges. 4. USCG ADDRESS FOR CORRESPONDENCE USCG correspondence, except as otherwise specified, shall be directed to the following address: Contracting Officer USCG, Aviation Logistics Center Medium Range Surveillance (MRS) Contracting Section Elizabeth City, NC 27909-5001 Mark for: Contract No. _______________ (Assigned upon award) Task Order No.______________________ (Assigned upon issuance) 5. NAVAIR ADDRESS FOR CORRESPONDENCE NAVAIR correspondence, except as otherwise specified, shall be directed to the Naval Test Wing Pacific Maintenance Officer (NTWP MO) at following address: Maintenance Officer Naval Test Wing Pacific 575 "I" Ave, Suite 1 Point Mugu, CA, 93042-5049 PH:805-989-0381 6. USCG INVOICING INSTRUCTIONS Unless otherwise specified on individual task orders issued hereunder, the original Contractor's invoice shall be submitted to the designated billing office address or emailed to the email address below. The invoice shall include the contract number and task order number. Submitting invoices for payment electronically is the preferred method. ALC-Fiscal@uscg.mil Chief, Fiscal Branch Bldg. 63 USCG Aviation Logistics Center Elizabeth City, NC 27909-5001 7. NAVAIR INVOICING INSTRUCTIONS The original contractor's invoice shall be submitted using the WAWF payment instructions as follows: 7.1. 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) 7.2. Definitions. as used in this clause- 7.2.1. "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. 7.2.2. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). 7.2.3. "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. 7.2.4. Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 7.3. WAWF access. To access WAWF, the Contractor shall- 7.3.1. (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and 7.3.2. (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. 7.4. WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. 7.5. WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. 7.6. WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: 7.6.1. Document type. The Contractor shall use the following document type(s). ______________________Combo_______________________________ 7.6.2. Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. _________________________Not applicable________________________ 7.6.3. Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC: __HQ0338_________ Issue By DoDAAC: __HSCG38________ Admin DoDAAC: __S5111A_________ Inspect By DoDAAC: __N/A____________ Ship To Code: __N/A____________ Ship From Code: __N/A____________ Mark For Code: __N/A____________ Service Approver (DoDAAC): __HSCG38________ Service Acceptor (DoDAAC): __HSCG38________ Accept at Other DoDAAC: __N/A____________ LPO DoDAAC: __N/A____________ DCAA Auditor DoDAAC: __HAA632________ Other DoDAAC(s): __N/A____________ 7.6.4. Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. 7.6.5. WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. Charles.nickols@navy.mil Steven.schultz@navy.mil Kevin.Haun@navy.mil Kathy.schwartz@navy.mil 7.7. WAWF point of contact. 7.7.1. The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6. 7.7.2. For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. 8. BEYOND ECONOMICAL REPAIR (BER) In the event the Contractor considers an SRU within the returned LRU to be beyond economical repair, he shall contact the government in writing for disposition instructions. For USCG components, he shall contact the USCG Contracting Officer and for NAVAIR components he shall contact the following NAVAIR official: NAVAIR Official (NTWP SUPPO/READINESS) Kevin.haun@navy.mil NTWP SUPPO/READINESS Ridgecrest, CA 93555 Office: (760) 939-6471 DSN: 437-6471 Cell: 619-770-0342 FAX: (760) 939-2895 The notification shall identify the task order number, item number, part number, serial number, and the SRU replacement cost (from the SRU replacement part price list in the contract). Contractor shall not proceed with SRU replacement, further LRU repair or LRU return until instructions are received from the USCG Contracting Officer or NTWP SUPPO/READINESS. Delays attributed to the BER (government review and replenishment time) shall be excluded from the RTAT if the BER SRU is not in GFP stock. 9. CONTRACTOR VERIFICATION OF RECEIPT OF REPAIRABLE ITEMS Upon receipt of USCG items, the Contractor shall notify the Contracting Officer in writing, providing the following information: (1) date component(s) received; (2) confirmation of the part number and serial number; and (3) any discrepancies of the task order and the material received. Upon receipt of NAVAIR items, the Contractor shall submit DD form 1149 with applicable information. Notify the NTWP MO and NTWP SUPPO/READINESS in writing, providing the following information: (1) date component(s) received; (2) confirmation of the part number and serial number; and (3) any discrepancies of the task order and the material received. 10. PACKING SLIP At the time of each delivery of supplies under this contract, the Contractor shall furnish to the appropriate government agency a properly completed packing slip. The packing slip shall include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Contract Number, 5) Task Order Number, 6) Line Item Number and 7) Serial Number and 8) Quantity. The packing slip shall be attached to the outside of the shipping container. The Contractor shall provide a Certificate of Conformance (COC) which meets the specifications set forth in FAR Clause 52.246-15, and shall be included with each repaired component. 11. PRESERVATION, PACKAGING AND MARKING 11.1. Hardware/Equipment: Each individual container shall be labeled on the outside with NSN, P/N, S/N, Quantity, Nomenclature, Contract Number, and Line Item Number. All hardware/equipment for return to the government shall be preserved, packaged and packed for shipment per ASTM D3951-10 in a government provided re-usable container. Contractor shall notify the appropriate government agency, immediately if any of the reusable containers are no longer serviceable for return shipment. The government shall have the option of providing another reusable container for return shipment. Within 30 calendar days after receipt of contractor notification of a container no longer serviceable or within 30 calendar days of receipt of contractor's proposed method for shipment the USCG or NAVAIR must 1) provide another reusable container for return shipment OR 2) provide other direction to Contractor which may be authorization of Contractor's provided commercial packaging (which may not be reusable). Any USCG or NAVAIR provided spare, reusable containers can be stored at Contractor's facility if so desired by the government. The total quantity for storage is to be mutually agreed upon by both parties. Any replacement container or direction delay caused by the government shall be excluded from contractor's RTAT. Contractor's packaging material shall not consist of the following material: popcorn, shredded paper, Styrofoam of any type or peanut style packaging. All provisions for packaging and handling of Electro-Static Discharge (ESD) sensitive components, piece parts, SRUs and LRUs that may be adversely affected by electromagnetic, electrostatic, magnetic or radioactive fields or discharges shall be packaged IAW MIL-STD-1686C. 11.2. On Government equipment: the Contractor shall remove the unserviceable tag, DD FORM 1577-2, (if any) from the components. The USCG Avionics Tracking (metallic) bar code (if any) shall remain attached and visible, with the applicable component. 11.3. Documentation/Reports and Data: All unclassified reports, data and documentation shall be prepared for shipment per the contractor's best commercial standards. 12. INSPECTION AND ACCEPTANCE 12.1. USCG inspection and acceptance: shall be performed by ALC Quality Assurance personnel for count and condition only. If unit is shipped to an Air Station, Air Station personnel shall perform this duty. The Contractor shall provide a COC which shall be attached to each repaired component with copies of the packing slip, CRR and ATP. The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense. Repaired/modified components found to have deficiencies shall be reported on standard form "SF 368", Product Quality Deficiency Report, to the Contractor for investigation. The Contractor shall report findings of the investigation, within 30 calendar days after receipt of the quality deficient exhibit, to the Contracting Officer. The Contractor shall, immediately upon discovery, notify and disclose conditions to the Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or materiel, defect or non-airworthy condition of any product or component used in the repair are found to potentially cause a non-conformity to the original specifications of this contract. The Government reserves the right to inspect any non-conforming product or component. Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component. The contractor's quality control manual shall address in detail the contractor's risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes. The Contractor shall immediately notify the Contracting Officer of any changes that potentially have an impact on the product. Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing facility location and personnel qualifications. Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The contractor shall allow the Government access to all applicable areas of the contractor's facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with FAR. The contractor shall retain all records in accordance with FAR 4.7 Contractor Records Retention. The contractor shall be required to permit Government access to applicable records retained at any level of the supply chain. Unless otherwise specified, the Contractor shall flow down all requirements in this contract to their supply chain, to include all subcontractors and suppliers. 12.2. NTWP inspection and acceptance: shall be performed by NTWP personnel. The Contractor shall provide a COC which shall be attached to each repaired component. The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense. Repaired/modified components found to have deficiencies shall be reported on standard form "SF 368", Product Quality Deficiency Report, to the Contractor for investigation. The Contractor shall report findings of the investigation, within 30 calendar days after receipt of the quality deficient exhibit, to the NTWP MO and NTWP SUPPO/READINESS. 13. PERIOD OF PERFORMANCE The period of performance shall consist of one ordering period to begin at time of award through twelve months and four one-year ordering periods. The ordering periods will follow consecutively through a twelve month timeframe. The total duration of the contract shall not exceed five years. 14. DELIVERY SCHEDULE Quoter is to provide a proposed delivery schedule and delivery/receipt instructions for both USCG and NAVAIR. The government requested delivery schedule is within 30 days after receipt of material. 15. URGENT REQUIREMENTS Aircraft on the ground, (AOG), status necessitates a special schedule. Delivery shall be no longer than 14 calendar days after receipt/induction of material (ARM) at contractor's repair facility. If the government authorizes shipment by the Contractor, the material shall be shipped by the fastest traceable means, i.e., Federal Express "next day delivery". The shipping container shall be marked on the outside in a highly visible method "A.O.G.". 16. USCG MATERIAL TRACKING SYSTEM REQUIREMENTS For the USCG, the Contractor shall maintain a legible Component Repair Record (CRR) form for each item repaired/modified. The CRR shall show the component's part number, nomenclature, serial number, installed software version and specific repair performed including man-hours and materials. Replaced electronic components shall be identified by the electronic schematic component designation. In addition, the Contractor shall review all manufacturer's service bulletins, service information letters and equipment revisions for applicability against the repaired item's part number. The Contractor shall indicate on the CRR those which are applicable and whether or not they have been installed on the serial number item being repaired. Two legible copies of the CRR and the ATP(s) are to be distributed as follows: 16.1. One (1) copy of each shall be placed inside of the shipping container with the repaired component. 16.2. For USCG repairs; within 5 calendar days after the repair completion, 1 copy of each shall be mailed to the following address: Commanding Officer U. S. Coast Guard Aviation Logistic Center ATTN: Code 3200 (Tracking Data Entry) Elizabeth City, NC 27909-5001 17. NAVAIR MATERIAL TRACKING SYSTEM REQUIREMENTS For NAVAIR the Contractor shall maintain a legible Component Repair Record (CRR) form for each item repaired/modified. The CRR shall show the component's part number, nomenclature, serial number, installed software version and specific repair performed including man-hours and materials. Replaced electronic components shall be identified by the electronic schematic component designation. In addition, the Contractor shall review all manufacturer's service bulletins, service information letters and equipment revisions for applicability against the repaired item's part number. The Contractor shall indicate on the CRR those which are applicable and whether or not they have been installed on the serial number item being repaired. Two legible copies of the CRR and the ATDS are to be distributed as follows: 17.1. One (1) copy of each shall be placed inside of the shipping container with the repaired component. 17.2. For NAVAIR repairs; within 5 calendar days after the repair completion, 1 copy of each shall be mailed to the following address: NTWP Maintenance Officer Naval Test Wing Pacific 575 "I" Ave, Suite 1 Point Mugu, CA 93042-5049 18. ESTIMATED QUANTITIES Failure of the Government to furnish any of the line items in the amounts or quantities described as "estimated" or "maximum" shall not entitle the Contractor to any equitable adjustment in price. There will be no adjustment under the Government Property clause of the contract. 19. RIGHT OF THE GOVERNMENT The Government reserves the right to have these units repaired "in house". 20. DIMINISHING MANUFACTURING SOURCES (DMS) Upon learning that any part necessary to perform efforts hereunder is to be discontinued, no longer available, or obsolete, the Contractor shall promptly notify the USCG Contracting Officer and the NTWP MO in writing. Notification shall include the following information. 20.1. An identification of the component part number, nomenclature, quantity needed and the quantity in the contractor's possession. 20.2. The name of the current vendor of the part, and the identification of the potential sources of the component part. 20.3. A statement prepared by the vendor(s) of the affected component part verifying the discontinued or obsolete status of the part which contains the contractor's proposal for corrective action. The proposed corrective action may include; 20.3.1. An end-of-life buy of the component part in sufficient quantities to fulfill the requirements of the contract. 20.3.2. Pin-for-pin compatible (form, fit, function) replacement component part. 20.3.3. A redesign of the next higher assembly to replace the part. 20.4. The corrective action request may include a request for equitable adjustment in the contract price (either up or down) and/or contract delivery schedule. If a request for equitable adjustment is made, Contractor shall include a pricing proposal for the adjustment. 20.5. Upon receipt of notification required by this clause, the government shall promptly review the proposed corrective action and provide to the contractor direction and authorizations. The Notice of DMS may result in the Contractor and government mutually agreeing to suspend the delivery date for an item, without penalty, and re-establish a new delivery date upon resolution of the DMS issue. 21. SERVICE BULLETINS Service bulletins are subject to change during the contract period of performance. 21.1. All service bulletins if not previously accomplished, shall be identified to the USCG Contracting Officer and the NTWP MO. The Contractor is responsible for obtaining service bulletins. Upon receipt of components requiring incorporation of such service bulletins, the Contractor shall prepare a firm fixed price proposal IAW instructions listed below. Service bulletins created and incorporated during performance of this requirement may create new part number configurations, which supersede the previous configuration. In cases where the old configuration cannot be modified to the new, the new part number may be added to the contract. The Contractor shall notify and request disposition instructions from the USCG Contracting Officer or the NTWP MO for superseded parts, which have been removed and replaced by new part number configurations. 21.2. Upon receipt of notification from the USCG Contracting Officer or the NTWP MO that a service bulletin is required, the Contractor shall submit, within thirty (30) calendar days after receipt of the notification, a firm-fixed price proposal for an incremental charge to be assessed each time the service bulletin is incorporated in a component. The proposal shall contain a breakdown of material and labor costs including hours, labor categories, labor rates, and applicable mark ups. The incremental charge agreed to for incorporation of a service bulletin shall apply only to those components into which the Offeror incorporates a required service bulletin, not those into which the service bulletin has been previously incorporated. Upon agreement of an incremental charge and issuance of a contract modification to reflect this change, the service bulletin shall be incorporated into each subsequent component received at the repair facility if said service bulletin has not already been incorporated. When service bulletin incorporation changes the Contract Line Item Number (CLIN) part number, the new part number shall be added to the contract. The same procedures apply if removal of service bulletins is required. 22. USCG FURNISHED PARTS In an effort to reduce the RTAT, the USCG may provide the following select set of spare items listed below as Government Furnished Parts (GFP) for use in the repair of USCG APS-143C(V)3 LRUs: P/N NOMENCLATURE QUANTITY (EA) 528131-2 TRAVEL WAVE TUBE AMP (TWTA) 3 413322-1 ROTARY JOINT ELEVATION 2 518727-1 MOTOR, ELEVATION 2 518745-1 SERVO MOTOR AZIMUTH 2 529550-001 ROTARY JOINT, AZ 2 528073-1 SLIP RING ASSY 2 737-3140-001 RADAR SIGNAL PROCESSOR 1 737-3130-001 DSP CONFIGURED 1 737-3120-003 PSP HOST 1 529172-002 DSP CONFIGURED ASSY 1 528299-1 LOW NOISE AMPLIFIER 1 22.1. The above parts shall be maintained by the Contractor in bonded stock for purposes of reducing the RTAT. Should this contract be terminated, cancelled, or expire, this GFP material shall be returned to the USCG in Ready for Issue (RFI) condition. 22.2. Contractor shall provide and be responsible for consumables (min/max, bulk items, piece-parts, etc.) required for the repair of LRUs. Contractor shall also maintain an inventory of critical SRUs, such that the sum of material is sufficient to meet the RTAT requirements of the contract, given the current fleet size of 18 over the contract. Should the government's estimated quantities stated in the contract, exceed projected demands, additional GFP material may be required which can be revised via bilateral mutual agreement. 22.3. All replacement parts and material used in performance of this contract shall be in accordance with the latest approved revision of applicable drawings and specifications and shall be new in accordance with FAR 52.211-5, Material Requirements, which are incorporated by reference herein. Authorization to use other than new material as defined by FAR 52.211-5 requires written approval from the government. Cannibalization or transfer of parts or material from between government units shall be allowed, but the government shall be so notified. SRUs and Sub-SRUs are not considered parts and material, therefore, they are not subject to the requirements of this paragraph (i.e., contractor is allowed usage of rotatable SRUs and Sub-SRUs vs. new). 22.4. The Contractor shall be responsible for the management of the GFP material and is required to repair and replenish the GFP inventory as necessary (requires USCG concurrence if BER part is to be replaced with GFP part) in the course of performing repairs to components under this contract. The firm-fixed repair prices for this contract shall provide the price for repair of the GFP TWTA. The price for repair of all other GFP items listed above is included with the repair price for the specific LRU as identified in the contract line item pricing. 22.5. All USCG GFP shall be maintained by the Contractor within a secure storage facility in accordance with Government-approved property procedures. 23. NAVAIR FURNISHED PARTS In an effort to reduce the RTAT, NAVAIR shall provide the following select set of spare items listed below as Government Furnished Parts (GFP) for use in the repair of NAVAIR APS-143C(V)3 LRUs: 23.1. Contractor is to propose a list of recommended spare items for NAVAIR including the storage site and location. 24. EXCLUSIONS LRUs received which indicate obvious severe damage due to misuse or cannibalization may dictate an exclusion from the prices specified in the schedule of services and prices. 24.1. Possible examples of Exclusions include but are not limited to the following: catastrophic crash damage, Acts of God, and foreign object damage. Normal corrosion shall NOT be considered an exclusion, however an LRU that has been totally submerged in water (salt or otherwise) shall be considered as an exclusion candidate. 24.2. If the Contractor considers the item to be a candidate for exclusion, he shall immediately notify the USCG Contracting Officer or for NTWP the NTWP SUPPO/READINESS. Verbal notification to the USCG Contracting Officer or the NTWP SUPPO/READINESS shall be confirmed in writing. 24.3. Exclusions shall be inspected, repair costs determined, and authorization to proceed obtained from the USCG Contracting Officer or for NTWP the NTWP SUPPO/READINESS prior to commencement of repair. 24.4. The Contractor shall submit a proposal to cover the cost of the exclusion repair (the costs over and above the firm-fixed repair price) within ten (10) calendar days after such notification. The proposal shall include: nomenclature, part numbers, cost and quantity of replacement parts, total labor hours, labor rates, and a delivery schedule. Contractor shall provide backup documentation to support the cost of the parts such as invoices or catalogs. 24.5. The contractor's delivery obligation for the item identified shall be suspended as of the date of notice to the USCG Contracting Officer or for NTWP the NTWP SUPPO/READINESS. 24.6. The USCG Contracting Officer or for NTWP the NTWP SUPPO/READINESS shall (within 10 calendar days after receipt of the contractor's written proposal) make a written determination (subject to the "Disputes" Clause) as to whether or not this is an "exclusion" 24.7. If the USCG Contracting Officer or for NTWP the NTWP SUPPO/READINESS concurs with the exclusion determination, a written modification shall be issued that authorizes the Contractor to proceed with the repair at the agreed upon cost and delivery schedule. 24.8. No authorization to proceed is valid until the USCG Contracting Officer or for NTWP the NTWP SUPPO/READINESS issues a modification to the task order with instructions to the Contractor and additional funding provided. The government may provide the necessary missing part from USCG or NAVAIR inventory via modification. Contract Terms and Conditions Commercial Items The following provisions apply to this acquisition: 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 these 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): http://www.acquisition.gov/far/index.html. FAR 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (OCT 2010) Alt IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: It is the Department of Homeland Security (DHS) policy that pricing for competitive negotiations should be based on adequate pricing competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations. (End of provision) FAR Provisions Full Text: 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 52.212-1 Instructions to Offerors-Commercial Items (Oct 2015) with the following included by Addendum: Period of Acceptance of Offers (c) Prices must remain effective for 120 days after solicitation closes. FAR 52.212-2 Evaluation -Commercial Items (Oct 2014) (a) A firm fixed-price contract will be awarded to the offeror whose proposal represents the lowest price, technically acceptable (LPTA) offer that conforms to the requested requirements of the solicitation and Statement of Work (SOW). The evaluation factors follow: 1. Technically Acceptable: To be technically acceptable, the offeror must demonstrate the ability to meet the requirements in the statement of work. 2. Price: The Government will evaluate proposals for price reasonableness based on historical pricing where available and the pricing data provided by the offeror in accordance with FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 3. Delivery: Delivery is desired within 30 days after receipt of material. 4. Past Performance: Past performance will be evaluated assessing contractor's historical contract performance and its certifications and representations to do business with the Federal Government. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (July 2016) ALT I (OCT 2014) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (End of provision) 52.203-98 Prohibition on Contracting with Entities that Require July 2016 Certain Internal Confidentiality Agreements - Representation (Deviation) (a) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the execution of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of provision) FAR 52.212-4 Contract Terms and Conditions Commercial Items (May 2015) with the following included by addendum: The following clauses apply to this acquisition: 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.242-15 Stop-Work Order (Aug 1989) FAR 52.245-1 Government Property (Apr 2012) Alt I (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.246-15 Certificate of Conformance (Apr 1984) FAR 52.247-34 F.o.b. Destination (Nov 1991) Full text FAR clauses: FAR 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) 52.203-99 Prohibition on Contracting with Entities that Require Certain (Jul 2016) Internal Confidentially Agreements - Representation (Deviation) (a) The Contractor shall not require its employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the execution of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (b) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any internal confidentiality agreements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) In accordance with Section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235) use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (e) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts. (f) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of Clause) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (a) Definitions. As used in this clause- "Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. "Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. "Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). "Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502). "Safeguarding" means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system. 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 contract award effective date through the end of the contract. (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 $250.00, 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 total estimated contract line item quantity; (2) Any order for a combination of items in excess of 100% of estimated contract line item quantities; or (3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (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 15 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) Alternate I (Apr 1984) (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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities. (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 240 days from contract expiration. (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond 30 September 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2016, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) FAR 52.252-6 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 (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 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: HSAR 3052.205-70 Advertisement, Publicizing Awards, and Releases. HSAR 3052.219-70 Small Business Subcontracting Program Reporting (JUN 2006) HSAR 3052.219-71 DHS Mentor-Protégé Program (JUN 2006) HSAR 3052.247-72 F.o.b. Destination Only (DEC 2003) HSAR 3052.245-70 Government Property Reports (JUN 2006) (a) The Contractor shall prepare an annual report of Government property in its possession and the possession of its subcontractors. (b) The report shall be submitted to the Contracting Officer not later than September 15 of each calendar year on Form DHS Form 0700-05, Contractor Report of Government Property. (End of Clause) Full Text 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; (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 3009.108-7000 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 3009.108-7000 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 3009.108-7000 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 clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JUN 2016). (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (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 (OCT 2015) (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 (OCT 2015) (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). 1 (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 (OCT 2015) (31 U.S.C. 6101 note). 1 (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). 0 (10) [Reserved] 0 (11) (i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0 (ii) Alternate I (NOV 2011) of 52.219-3. 0 (12) (i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). 0 (ii) Alternate I (JAN 2011) of 52.219-4. 0 (13) [Reserved] 0 (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 (OCT 2014) (15 U.S.C. 637(d)(2) and (3)). 1 (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637 (d)(4).) 0 (ii) Alternate I (Oct 2001) of 52.219-9. 1 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (OCT 2015) of 52.219-9. 0 (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 0 (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 1 (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). 1 (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it 0 is, 0 is not a small business concern under NAICS Code __________________assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer's name and title]. 0 (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (DEC 2015) (15 U.S.C. 637(m)). 0 (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. (DEC 2015) (15 U.S.C. 637(m)). 1 (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). 1 (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 1 (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). 1 (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 1 (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). 1 (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). 1 (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 1 (33) (i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627). 0 (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 1 (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) 0 (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) 0 (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). 0 (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). 0 (38) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). 0 (ii) Alternate I (OCT 2015) of 52.223-13. 0 (39) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (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 (OCT 2015) (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). 0 (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693). 0 (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). 0 (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). 0 (46) (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 (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (48) 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 (49) 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 (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (52) 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 (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 1 (54) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (55) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 0 (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 1 (58) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). 0 (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). 0 (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits 0 (4) 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 (5) 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 (6) 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). 1 (7) 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 (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). 0 (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C 1792). 0 (10) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 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 $700,000 ($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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67) (xi) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627). 0 Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 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) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015)(E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 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). (xvii) 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. (xviii) 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) 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 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 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 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(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 should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is 202.372.3695.
 
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Record
SN04283909-W 20160924/160922235000-104041145e9ea74642fe09e2ed95512a (fbodaily.com)
 
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