Procurement of C27J Aircraft Spare Parts from the OEM
Added: Mar 23, 2017 11:16 am This Combined Synopsis/Solicitation, HSCG38-17-Q-N00015, as a required high priority posting will close at 9AM EST 03/27/2017. USCG intends to award to the Aircraft OEM as factory new, in original packaging, and full traceability back to OEM is required and must be stated with the quotation. USCG ALC MRS is seeking quotes (via plain text email) with intent to award, using simplified acquisitions, a purchase order for the following: 1. SEE ATTACHED 22 LINE ITEM LIST. Only new items traceable to manufacture by the OEM, are acceptable. Full Traceability back to Original Equipment Manufacturer (OEM) and in Original Packaging, is required and must be stated with the quotation. Drawings and specifications are OEM proprietary and not available, and cannot be furnished by the Government. Due to Urgency of Need, Required Delivery Date is 7 days after receipt of order. Deliver to USCG Aviation Logistics Center (ALC), Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001.FORM 8130-3 PREFERRED OR OEM COC IAW FAR 52.246-15.As indicated in non-specific aircraft system categories, with sample terms and conditions attached, in USCG-ALC-MRS-BAA-FY17 as posted on FBO.GOV. Vendors with "New Equipment Stock-On-Hand with full traceability back to the OEM wishing to show interest in providing a quote are encouraged to contact ALC MRS via email to Denise.M.Coley@uscg.mil and Terence.L.Blucker@uscg.mil with their information. This time critical notice will close at 9:00AM, EST 27 MAR 2017 with award anticipated shortly thereafter. All responsible sources may submit a response which, if received prior to the closing date, must be considered by the agency.The USCG requires that distributors or potential sources be ASA-100 certified or in compliance with other quality system listed in FAA Advisory Circular 00-56A. Only exact part numbers with traceability to the OEM will be accepted.FAC 2005-95, EFFECTIVE 1 JANUARY 13, 2017: This special notice of intent to award is posted on WWW.FBO.GOV in compliance with and in accordance with Federal Acquisition Regulations Part 5.101 (Methods of Disseminating Information) between $15K and $25K. Award will be made upon determination of fair and reasonable pricing and is subject to FAR Part 12 and FAR Part 13. Purchase Order terms and conditions will be in accordance with FAR 52.212-4 Contract Terms and Conditions - Commercial Items (JAN 2017) and the applicable clauses of FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2017).SYSTEM FOR AWARD MANAGEMENT (SAM)The system for award management (SAM) is a free web-site which consolidates Federal Procurement systems and the catalog of Federal Domestic Assistance.52.203-98 Prohibition on Contracting with Entities that Require July 2016Certain 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. COMMANDING OFFICER, BLDG 63AVIATION LOGISTICS CENTER (ALC)ELIZABETH CITY, NC 27909 APPLICABLE FAR CLAUSES ATTACHEDAction Code: N/ADate: 3/23/17Year: 2017 Contracting Office Zip Code: 27909-5001Classification Code: 16 - Aircraft Components & AccessoriesContracting Office Address: USCG, ALC, MRS, Elizabeth City, NC 27909-5001 Subject: Aircraft Parts and Accessories Proposed Solicitation Number: HSCG38-17-Q-N00015Closing Response Date: 3/27/17 Primary Point of Contact: Denise Coley. Secondary Point of Contact: Terence L. BluckerSolicitation Number: HSCG38-17-Q-N00015Contract Line Item Number(s): 3 as shown on the FBO.GOV posting narrative. Description: Aircraft Parts and AccessoriesPlace of Contract Performance: N/ASet-aside Status: UNRESTRICTEDThis is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Request for Quote (RFQ) HSCG38-17-Q-N00015 incorporates provisions and clauses in effect tough Federal Acquisition Circular 2005-95. The applicable North American Industry Classification Standard (NAICS) Code is 336413. The small business size standard is 1,000 employees. This requirement consists of the following spare parts utilized on the C-27 USCG aircraft.SEE ITEM QUANTITY AND DESCRIPTIONS AS POSTED ABOVE IN THE POSTING NARRATIVE.Offerors should include the following: 1. NSN 2. Part number 3. Nomenclature 4. Unit Price 5. Extended Price 6. Discounts (prices shall include quantity discounts, if applicable) 7. Delivery Time 8. Warranty (if applicable) 9. FOB Point 10. Cage Code 11. Business Size 12. Minority Classification (if applicable)The United States Coast Guard (USCG) intends to award of a Firm-Fixed Price Purchase Order to the Aircraft Original Equipment Manufacturer (OEM), believed to be the only source that can provide item(s) in original packaging and the actual OEM documented traceability for the components. Award will be made to the offeror quoting the lowest price technically acceptable to the USCG. All responsible sources may submit a quote which shall be considered by the USCG.Only new items are acceptable. Reconditioned or used items are not acceptable. Offerors must be able to provide necessary OEM certification including traceability to the OEM and provide a Certificate of Conformance (COC) to ensure parts are in airworthy condition, suitable for installation on USCG aircraft. Prospective vendors who are not the OEM must provide traceability for the materials. Traceability means a clear, complete, documented, auditable paper trail which traces each step from an OEM or distributor to its current location. Requested Delivery Date is on or before 10 April 2017. The offerors shall propose a delivery schedule. All requests for time extension shall be in writing and shall include substantiation of the need for such time extension in accordance with FAR 52.212-4 (f), Excusable delays. If nonperformance is not covered by an excusable delay, the Contractor and the Contracting Officer shall negotiate consideration for the approval of the extended delivery date at which time a modification will be issued to reflect the consideration and extension. Drawings or specifications are not available and cannot be furnished by the Government. F.O.B. Destination is requested as the FOB point for Deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the USCG. Partial and early deliveries are acceptable if at no additional cost to the USCG. The offeror shall furnish a Certificate of Conformance (COC) in accordance with FAR clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause.Packaging, Marking and Preservation The offeror shall comply with ASTM D3951-10 (August 01, 2011), Standard Practice for Commercial Packaging. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG units without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Packaging material shall not consist of the following: popcorn, sedded paper, Styrofoam of any type, or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage. Also, The Forms should be "attached to or included with the part and a copy placed on the outside of the shipping container".Packing Slip At the time of delivery of supplies, the offeror shall furnish the Government a completed packing slip. Labeling shall include the National Stock Number, Part Number, Serial Number, Nomenclature, Quantity, Contract Line Item Number, and Contract Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. Certificate of Conformance (COC) shall be placed on the outside of individual containers. Shipping Instructions Items shall be shipped to the following address: USCG Aviation Logistics CenterReceiving Section, Bldg. 63Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award) The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses are incorporated by reference:NOTE: For Information Purposes. Applicable 52.213-3 Clauses will be checked on the order addenda only.52.212-1 Instructions to Offerors - Commercial Items (JAN 2017)Consistent with FAR Provision 52.212-1:(c) Period for acceptance of offers. Prices must remain effective for 90 days after closing of solicitation.(h) Multiple awards. The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate contracts, it is determined that the multiple awards will result in the lowest overall cost to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a contract is $500.52.212-2 Evaluation-Commercial Items (OCT 2014)Quotes will be evaluated and contract awarded to the lowest priced technically acceptable quote. Technically Acceptable: Quotes must be for new manufactured commercial items from sources able to provide a Certificate of Conformance (COC) or traceability to the aircraft OEM. Only exact part numbers and no substitutes will be acceptable. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer with acceptable or neutral past performance is identified.NOTE: For Information Purposes. Applicable 52.213-3 Clauses will be checked on the actual order only based on final dollar value of the purchase order.52.212-3 Offeror Representations and Certification - Commercial Items (JAN 2017 ) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) tough (o) of this provision. 52.212-4 Commercial Terms and Conditions - Commercial Items (JAN 2017) with the following included by Addendum: (a) Inspection/Acceptance. Inspection and acceptance of items under this contract shall be performed at destination by USCG, Aviation Logistics Center (ALC) Receiving section personnel and consist of count and condition only. Certificate of Conformance (COC) shall be required for all items provided on this contract. (g) Invoice. The original contractor invoice shall be submitted to the designated billing office address stated below or emailed to the email address below. Submitting invoices for payment electronically is the preferred method. ALC-Fiscal@uscg.mil USCG, Aviation Logistics Center Fiscal Branch, Bldg. 63Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award)52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items.Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2017)(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 and 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.]0 (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).0 (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).0 (5) [Reserved].0 (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016)(Pub L. 111-117, section 743 of Div. C).0 (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)(Pub. L. 111-117, section 743 of Div. C).0 (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). 0 (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 52.219-7.0(16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).0 (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2016) (15 U.S.C. 637 (d)(4).)0 (ii) Alternate I (NOV 2016) of 52.219-9.0 (iii) Alternate II (NOV 2016) of 52.219-9.0 (iv) Alternate III (NOV 2016) of 52.219-9.0 (v) Alternate IV (NOV 2016) 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)).0 (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).0 (22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)).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)).0 (25) 52.222-3, Convict Labor (JUNE 2003)(E.O. 11755).0 (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (OCT 2016) (E.O. 13126).0 (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015)0 (28) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).0 (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).0 (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).0 (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).0 (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.13496).0 (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).0 (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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).Note to paragraph 52.212-5(b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)0 (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)0 (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).0 (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).0 (40) (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 (41) (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 (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).0 (43)(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 52.223-16.0 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.13513).0 (45) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).0 (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).0 (47) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).0 (48)(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, 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 52.225-30 (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).0 (50) 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 (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).0 (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).0 (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).0 (54) 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 (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).0 (56) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).0 (57) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).0 (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).0 (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).0 (60) (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).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).0 (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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)0 (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).0 (11) 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 teshold, 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 (NOV 2016) (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 (SEPT 2016) (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).0Alternate 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) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 tough April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24,2017).Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017).(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).(xx) 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.(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address https://www.acquisition.gov/far. 52.252-2 Clauses Incorporated by Reference (FEB 1998)This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address https://www.acquisition.gov/far.52.204-7 System for Award Management (JUL 2013)52.204-8 Annual Representations and Certifications (DEC 2014)52.204-13 System for Award Management Maintenance (JUL 2013) 52.217-6 Option for Increased Quantity Mar 198952.225-8 Duty Free Entry (OCT 2010) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)52.242-13 Bankruptcy (JUL 1995) 52.246-15 Certificate of Conformance (APR 1984)52.247-34 F.O.B. Destination (NOV 1991)52.233-3 Protest after Award (AUG 1996)Full text clauses:Full Text Homeland Security Acquisition Regulation (HSAR) provisions and clauses:3052.209-70 Prohibition on contracts with corporate expatriates (JUN 2006)a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.(b) Definitions. As used in this clause:Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.(e) Treatment of Certain Rights.(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:(i) warrants;(ii) options;(iii) contracts to acquire stock;(iv) convertible debt instruments; and(v) others similar interests.(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]:__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003;__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 tough 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. (h) 3052.209-79 Representation by Corporations Regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability. As prescribed in DHS FAR Class Deviation Number 14-02, insert the following provision: REPRESENTATION BY CORPORATIONS REGARDING A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW OR UNPAID FEDERAL TAX LIABILITY (FEB 2014) (DHS FAR CLASS DEVIATION 14-02)(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(b) The Offeror represents that:(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months.(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.(c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request.(End of provision)52.203-98 Prohibition on Contracting with Entities that Require July 2016Certain 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. Closing date/time for submission of quotes is MARCH 27,2017, 9:00AM EST. Prices must remain effective for 90 days after closing of solicitation. All responsible sources may submit a quote which will be considered. Please indicate HSCG38-16-Q-N00014 in subject line. Quotes that meet the Closing Date and Time will be accepted via e-mail to denise.m.coley@uscg.mil or at the following mailing address:USCG Aviation Logistics CenterMRS Product Line ATTN: Denise ColeyElizabeth City, NC 27909-5001Primary POC: Denise M. Coley Email: Denise.M.Coley@uscg.mil (252) 335-6562 Secondary POC: Mr. Terence L. Blucker, KO at Terence.L.Blucker@uscg.mil
HSCG38-17-Q-N00015 Department of Homeland Security US Coast Guard
3/23/17, 11:16 AM