HC-27J Engine Repair Services
Added: Aug 28, 2017 8:21 am This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 and 13.5, 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-010063 incorporates provisions and clauses in effect tough Federal Acquisition Circular 2005-95. This requirement is unrestricted. All responsible sources may submit a capability statement and a quotation, which shall be considered by the agency. The applicable North American Industry Classification Standard (NAICS) Code is 488190. The small business size standard is $32.5M. The U.S. Coast Guard (USCG) intends to award a firm fixed price purchase order (pending the availability of funds) and will be satisfied using commercial acquisition procedures specified in FAR parts 12.6 and 13.5.Statement of WorkU.S. COAST GUARD (USCG)HC-27J ENGINE REPAIR SERVICESEngine Assembly AE2100D2P/N 23085027Serial Number CAE5601101. BACKGROUNDTough the National Defense Authorization Act of 2014, the USCG has acquired fourteen HC-27J aircraft from the United States Air Force. The HC-27J is a medium size military transport aircraft that is manufactured by Alenia Aermacchi (Italy). USCG CG-9 established the HC-27J Asset Project Office (APO) Elizabeth City to make these aircraft ready for USCG use. The HC-27J APO will support the oversight of the process from acquisition and missionization of the HC-27J to sustainment. The aircraft is specifically equipped to perform all USCG missions which include: search and rescue, maritime safety, security, and logistics, as well as national defense and protection of natural resources.2. SCOPEThis purchase order includes firm fixed engine repair pricing subject to negotiation after the teardown, test, and evaluation. If after test and evaluation, it is determined that repair costs will exceed the government's obligated amount, the contractor shall stop performance and submit a written quote requesting additional funds prior to initiating the repair of the engine. If repair cost will exceed the obligated amount for the repair of the engine and the contractor does not seek prior approval via modification to the purchase order, such action may result in ratification of an unauthorized action on the part of the contractor. The quote for additional funds shall include the part number and unit price for replacement parts, labor hours and labor rates required to repair the engine, and other charges as applicable. The quote shall include sufficient detail to determine the repair price reasonableness. Quotes are to be signed and dated by a contractor's authorized representative and emailed to the USCG Contracting Officer. After receipt of the quote, a determination will be made by the government and disposition instructions will be provided to the contractor by written modification.After test and evaluation of the material, if the repair cost of the engine is below the government's obligated amount per line item on the purchase order, the vendor will proceed and complete the repair and invoice for the amount equal to the cost of the repair.3. REQUIREMENTSThe Coast Guard's objective is to obtain services from the Original Equipment Manufacturer (OEM) Rolls Royce or an OEM Authorized Repair Center that is deemed to be acceptable to the USCG and has experience in effectively tear down testing/evaluation and repairing the engine assembly; part number 23085027. The repair station shall provide documentation to confirm they are an OEM Authorized Repair Center. Repair Centers must comply with the OEM specifications, OEM Component Maintenance Manual (CMM), drawings, Service Bulletins, Overhaul and Repair Instructions (ORI), and the performance requirements set forth in the OEM technical specifications that are current at the time of purchase order award. The contractor shall be ISO 9000 compliant or have a quality system acceptable to the USCG.OEM drawings, Service Bulletins, CMMs are proprietary and cannot be provided by the USCG. The contractor shall obtain the required OEM drawings, Service Bulletins, CMMs, and specifications. The USCG does not own nor can it provide this data.The contractor shall provide all parts, labor, tooling, test equipment and facilities necessary to repair the engine. Only new replacement parts with traceability to the Original Equipment Manufacturer (OEM) are acceptable for this requirement.The engine included in this purchase order shall be repaired in accordance with current OEM drawings, Service Bulletins, CMMs or an alternate standard approved by the USCG HC-27J Engineering Branch.The Contractor shall, within thirty (30) calendar days of receipt of the unserviceable engine, inspect for missing parts and notify the Contracting Officer in writing of the part numbers of any missing parts.The USCG requires a Tear down and Inspection Report (TIR) that identifies part number(s) and nomenclature(s) for all parts that are required to be repaired or replaced for a complete Ready for Issue (RFI) engine. The TIR shall include the part number and unit price for replacement parts, labor hours and labor rates required to repair the engine, and other charges as applicable. The Contractor shall, within ten (10) calendar days of inspection of the engine, provide a copy of the Inspection Report to the Contracting Officer.The engine must be thoroughly cleaned in accordance with applicable CMMs, 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 comium, cadmium, lead, etc., prior to being returned to the Aviation Logistic Center (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 Comium) and 1910.1027 (Cadmium).The required turn-around-time is one hundred eighty (180) days after receipt of the engine. Earlier delivery is desired if there are no extra charges to the Government.4. MATERIAL TRACKING SYSTEM REQUIREMENTS.The USCG tracks serial number components via the Coast Guard's Aviation Computerized Maintenance System (ACMS). This tracking provides a historical record of repair, overhaul, maintenance, and item location and status. It also provides an effective method of configuration control. All components will have a Significant Component History Report (SCHR) and a Component Repair Record (CRR).No SCHR action is required by the contractor except to ensure the SCHR remains with the component.The contractor shall maintain a legible component tracking form for each tracked component. The tracking form shall show the component's part number, nomenclature, serial number and specific rework performed including labor hours and materials. In addition, the contractor shall review all manufacturer's service bulletins, service information letters and component revisions for applicability against the part number of the components included in this contract. The contractor shall indicate on the tracking form those service bulletins which are applicable and whether or not they have been installed on each component included in this contract. The specific form (ie...Contractor's existing form) to be used shall be submitted with the contractor's proposal, at which time it will be reviewed for the required information and acceptability by the Contracting Officer. Within five calendar days after repairs are completed two legible copies of the tracking form are to be distributed as follows:A. One copy shall be placed inside of the shipping container with the repaired engine.B. One copy shall be mailed to the following address: Commanding OfficerU. S. Coast Guard Aviation Logistics CenterATTN: Code 3200 (Tracking Data Entry) Elizabeth City, NC 27909-50015. INSPECTION AND ACCEPTANCEInspection and acceptance shall be performed by ALC Quality Assurance personnel for count and condition only. If component is shipped to an Air Station, Air Station personnel will perform this duty.The Contractor shall provide a Federal Aviation Administration (FAA) airworthiness 8130-3 Certificate or a Certificate of Conformance with each component tested and repaired. FAA Form 8130 is preferred. A Certificate of Conformance must be in accordance with FAR 52.246-15. The appropriate certificate must be signed and dated by an authorized official representing the approved repair station. Provide a copy of the form with the packaging slip.6. PACKAGING AND DELIVERYUnless otherwise specified, packaging and preservation shall be in accordance with CMM. Components shall be packaged sufficiently to afford maximum protection from damage in transit and corrosion. All items must be shipped in accordance with ASTM D 3951-10. Each package must be labeled on the outside with the National Stock Number (NSN), Part Number, Serial Number, Nomenclature, Purchase Order Number, CLIN, and vendor CAGE CODE. The Material Inspection and Receiving report (ie Commercial packing slip, DD250, ect) and Certificates of Conformance shall be placed on the outside on individual containers. If traceability to OEM is required, documentation of such proof to traceability must be included with the item in its shipment container.The internal packaging material must be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, and decay during warehouse storage for a period not less than one year. Packaging matter must not consist of the following materials: popcorn, sedded paper, styrofoam, or any type of peanut packaging. Bar coding is authorized but not required.7. SHIPPING INSTRUCTIONSItems shall be shipped to the following address: USCG Aviation Logistics CenterReceiving Section Bldg 63 Elizabeth City, NC 27909-5001Mark For: Purchase Order Number:8. INVOICE INSTRUCTIONSThe invoice must reference the purchase order number.The invoice shall be submitted to the designated billing office for payment as follows: Chief, Fiscal BranchUSCG Aviation Logistics Division Building 63Elizabeth City, NC 27909-5001Invoices may be submitted via U.S. Mail; however, the preferred method is email to: ALC-Fiscal@uscg.mil.F.O.B. Destination is requested as the F.O.B. point for Deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the USCG.The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses are incorporated by reference: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 120 days after closing of solicitation.Additional Addenda:Quotes shall be submitted on company letterhead and include the following information:• Solicitation Number;• Contractor's name, address, telephone, and DUNS;• Terms of standard commercial warranty and any extended warranty offered;• Delivery terms if different that the Government's desired delivery;• Remit to address if different than the company mailing address;• Agreement with the terms and conditions specified herein.(End of Provision)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. (End of Provision)52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)52.247-45 F.O.B. Origin and/or F.O.B. Destination Evaluation (Apr 1984)52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. (May 2014)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) tough (c)(1)(iv) of this provision in FAPIIS as required tough maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of Provision)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 Cost or Pricing data is not required. (b) The offeror shall submit, at minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. (End of Provision)52.233-2 Service of Protest (Sep 2006)(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: USCG Aviation Logistics CenterMRS, Attn: David Tanner 1664 Weeksville Road Elizabeth City, NC 27909-5001(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)52.212-2 Evaluation-Commercial Items (Oct 2014) FAR 52.212-2 will not be used.A purchase order will be awarded based on Technical acceptability, an affirmative determination of responsibility, acceptable past performance and the Contracting Officer's determination of fair and reasonable pricing.Evaluation CriteriaThe following factors shall be used to evaluate offerors are listed in order of importance. When combined, non-price factors are more important than price.- 1) Technical Capability. The offeror shall provide a current OEM Certification for the Rolls Royce AE2100D2 engine repair. Expired certificates are not acceptable. Expired certificates and the absence of a certificate will result in the removal of the proposal from further consideration. A copy of the current cover sheet for the OEM manuals and Component Maintenance Manuals (CMM) is required. Statements that the offeror is in the process of obtaining the applicable OEM manual is not acceptable and will result in the removal of the proposal from further consideration. Missing copies of the OEM manuals will also result in removal of the proposals from further consideration. The Offeror shall demonstrate that they have access to, and ability to obtain current OEM specifications at least every 90 days.- 2) Past Performance. Past performance will be evaluated as pass, fail or neutral:The Government may use information available from previous USCG contracts or purchase orders and information from the Federal Government Past Performance Information Retrieval System(PPIRS). In the case of an offeror without a record of relevant past performance or for whominformation on past performance is not available, the offeror will be given a neutral pastperformance rating.- 3) Warranty. Offerors are required to offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.- 4) Price. The Offeror's quote will be evaluated using the techniques defined in FAR 13.106-3, in order to determine if it is fair and reasonable. Price Proposals should identify any price reductions offered, or quantity discounts.52.212-3 Offeror Representations and Certifications - Commercial Items (Jan 2017) 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 tough http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u) of this provision.(End of Provision)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.52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014)(DHS - USCG Deviation 14-01) 52.225-8 Duty Free Entry (Oct 2010) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)52.246-15 Certificate of Conformance (Apr 1984)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 Homeland Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of Clause)52.212-4 Commercial Terms and Conditions - Commercial Items (Jan 2017) with the following included by Addendum: (a) Inspection/Acceptance. Inspection of items under this contract shall be performed at destination by USCG, Aviation Logistics Center (ALC) Quality Assurance. Acceptance of items provided on this contract shall be by Certificate of Conformance (COC). COC shall be attached to the outside of the shipping container. 52.212-5 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 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.]X (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).___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).___ (5) [Reserved]_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).X (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). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).___ (10) [Reserved]___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).___ (ii) Alternate I (Nov 2011) of 52.219-3.___ (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).___ (ii) Alternate I (Jan 2011) of 52.219-4.___ (13) [Reserved]___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).___ (ii) Alternate I (Nov 2011).___ (iii) Alternate II (Nov 2011).___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).___ (ii) Alternate I (Oct 1995) of 52.219-7.___ (iii) Alternate II (Mar 2004) of 52.219-7.X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).X (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).___ (ii) Alternate I (Nov 2016) of 52.219-9._X__ (iii) Alternate II (Nov 2016) of 52.219-9.___ (iv) Alternate III (Nov 2016) of 52.219-9.___ (v) Alternate IV (Nov 2016) of 52.219-9.(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).X (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).___ (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)).___ (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)).X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)___ (35) 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 (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, DoD, GSA, 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.)___ (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.)___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514___ (ii) Alternate I (Oct 2015) of 52.223-13.___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-14.___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).___ (ii) Alternate I (Jun 2014) of 52.223-16.X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).___ (ii) Alternate I (Jan 2017) of 52.224-3.(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).___ (49) (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).___ (ii) Alternate I (May 2014) of 52.225-3.___ (iii) Alternate II (May 2014) of 52.225-3.___ (iv) Alternate III (May 2014) of 52.225-3.(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note)._X__ (51) 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).___ (52) 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).___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f))._X__ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a)._X__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).___ (ii) Alternate I (Apr 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:[Contracting Officer check as appropriate.]___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).___ (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).___ (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).___ (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).___ (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).___ (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).___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (11) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).___ (12) 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).(iii) 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.(iv) 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.(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(x) 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.(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).(xiii) 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.)(xiv) 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)(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).(xvii) 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)(xvii): 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, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(B) Alternate I (Jan 2017) of 52.224-3.(xxi) 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).(xxii) 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.(xxiii) 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)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 provision and clauses are incorporated by reference:HSAR 3052.205-70 Advertisement, Publicizing Awards, and Releases (Sep 2012)HSAR 3052.219-71 DHS mentor-protégé program (JUN 2006) Closing date/time for submission of quotes is September 1, 2017, 4:00 PM ET. Prices must remain effective for 120 days after closing of solicitation. Please indicate HSCG38-17-Q-010063 in subject line. Quotes will be accepted via e-mail to David.E.Tanner@uscg.mil . NOTICE FOR FILING AGENCY PROTESTSUnited States Coast Guard Ombudsman ProgramIt 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 tough 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.
HSCG38-17-Q-N00063 Department of Homeland Security US Coast Guard
8/28/17, 8:21 AM