EMERGENCY LOCATOR TRANSMITTER
Added: Jan 16, 2009 11:18 am This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-09-Q-200023 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-28. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. This is an unrestricted solicitation. This synopsis/solicitation is issued for the acquisition of Emergency Locator Transmitters suitable for the installation on Coast Guard Short Range Recovery aircraft and other Coast Guard fixed and rotary wing aircraft. The Governments objective is to negotiate a firm-fixed price, indefinite-delivery indefinite-quantity (IDIQ) contract with a responsible vendor that can provide an emergency locator transmitter in sufficient quantities to support helicopter operations that operates on 406 MHz, in addition to, meeting the specifications set forth in the Statement of Work (SOW). The anticipated period of performance will be five (5) years total consisting of one (1) one - year base period, and four (4) one-year option periods. Related solicitation documents such the SOW and Evaluation Criteria can be found as attachments to this solicitation. Interested offerors must provide for evaluation, prices on the following based on the specifications in SOW: BASE PERIOD OF PERFORMANCE: PROTOTYPE PHASE CLIN SUPPLIES/SERVICES QTY UNIT 0001 Prototype 406 MHz ELT 2 EA (OPTIONAL) PRODUCTION PHASE: To be exercised by issuance of delivery orders upon acceptance of prototypes. The Coast Guard is not obligated to the estimated quantities. EST CLIN SUPPLIES/SERVICES QTY UNIT 0002 406 MHz ELT 26 EA P/N: To be determined NSN: To be determined EST CLIN SUPPLIES/SERVICES QTY UNIT 0003 Product Improvement/ 1 LO Engineering Change Proposal To be determined on individual delivery orders IAW PARA 4.11 0004 SERVICE BULLETINS 1 LO To be determined on individual delivery orders IAW PARA 4.12 0005 TECHNICAL SUPPORT 1 LO SERVICES To be determined on individual delivery orders IAW PARA 4.14 0006 CERTIFICATES 1 Not Separately Priced IAW PARA 4.8.1 OPTION YEAR ONE (1) PERIOD OF PERFORMANCE: EST CLIN SUPPLIES/SERVICES QTY UNIT 1002 406 MHz ELT 26 EA P/N: To be determined NSN: To be determined 1003 Product Improvement/ 1 LO Engineering Change Proposal To be determined on individual delivery orders IAW PARA 4.11 1004 SERVICE BULLETINS 1 LO To be determined on individual delivery orders IAW PARA 4.12 1005 TECHNICAL SUPPORT 1 LO SERVICES To be determined on individual delivery orders IAW PARA 4.14 1006 CERTIFICATES 1 Not Separately Priced IAW PARA 4.8.1 OPTION YEAR TWO (2) PERIOD OF PERFORMANCE: EST CLIN SUPPLIES/SERVICES QTY UNIT 2002 406 MHz ELT 26 EA P/N: To be determined NSN: To be determined 2003 Product Improvement/ 1 LO Engineering Change Proposal To be determined on individual delivery orders IAW PARA 4.11 2004 SERVICE BULLETINS 1 LO To be determined on individual delivery orders IAW PARA 4.12 2005 TECHNICAL SUPPORT 1 LO SERVICES To be determined on individual delivery orders IAW PARA 4.14 006 CERTIFICATES 1 Not Separately Priced IAW PARA 4.8.1 OPTION YEAR THREE (3) PERIOD OF PERFORMANCE: EST CLIN SUPPLIES/SERVICES QTY UNIT 3002 406 MHz ELT 26 EA P/N: To be determined NSN: To be determined 3003 Product Improvement/ 1 LO Engineering Change Proposal To be determined on individual delivery orders IAW PARA 4.11 3004 SERVICE BULLETINS 1 LO To be determined on individual delivery orders IAW PARA 4.12 3005 TECHNICAL SUPPORT 1 LO SERVICES To be determined on individual delivery orders IAW PARA 4.14 3006 CERTIFICATES 1 Not Separately Priced IAW PARA 4.8.1 OPTION YEAR FOUR (4) PERIOD OF PERFORMANCE: EST CLIN SUPPLIES/SERVICES QTY UNIT 4002 406 MHz ELT 14 EA P/N: To be determined NSN: To be determined 4003 Product Improvement/ 1 LO Engineering Change Proposal To be determined on individual delivery orders IAW PARA 4.11 4004 SERVICE BULLETINS 1 LO To be determined on individual delivery orders IAW PARA 4.12 4005 TECHNICAL SUPPORT 1 LO SERVICES To be determined on individual delivery orders IAW PARA 4.14 4006 CERTIFICATES 1 Not Separately Priced IAW PARA 4.8.1 When exercising an option, the Contracting Officer shall inform the contractor in written notice 30 days prior to the execution of the option. All options, if elected to do so, shall be exercised within 90 days of contract completion and shall be exercised by issuance of a delivery order against the contract. The Government reserves the right to withhold any item or group of items contained in this solicitation upon award. The Government cannot predetermine the precise quantities that will be required. This requirement contains estimated quantities and deliveries to be scheduled by placing firm-fixed delivery orders. Also, this is a recurring requirement and the Coast Guard is NOT OBLIGATED to the ESTIMATED QUANTITIES. Inspection and acceptance shall be performed in accordance with the Statement of Work posted as an attachment to this announcement. The delivery of the Emergency Locator Transmitter Prototypes is desired within 60 calendar days after receipt of award. Early deliveries will be accepted. F.O.B. Point will be F.O.B. DESTINATION for all Deliverables. Used Items/Parts are NOT acceptable. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to Coast Guard units without repackaging or incurring damage during shipment and handling. The contractor shall furnish a Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. Contractor's standard commercial warranty shall apply. IAW FAR 46.706(b)(5), any offered warranty must be disclosed; as a minimum disclosure must include a brief statement that a warranty exists, the substance of the warranty, the warrantys duration, and whom to notify if the items are found to be defective. 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 Internet address: http://arnet.gov/far 52.204-4 Printed or Copied Double-Sided on Recycled Paper Aug 2000 52.211-15 Defense Priority and Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities Sept 1989 52.212-1 Instructions to OfferorsCommercial Items June 2008 52.212-2 EvaluationCommercial Items Jan 1999 (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforms to the solicitation that will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor I - Technical Capability Factor II - Experience & Past Performance Factor III - Schedule Factor IV - Risk Factor V - Quality and benefits of the solution Offers will first be evaluated to determine if the system offered technically meets the requirements established in the SOW. If the offered system is NOT found technically acceptable, it will not be considered for award. The technical evaluation will include the technical merits of the ELT system and the support plan. The price evaluation will consider total cost including system acquisition and support. Technical evaluation factors will be considered more important than price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-3 Offeror Representations and Certifications - Commercial Items JUN 2008 As prescribed in 12.301 (b)(2), insert the following provision: An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) tough (m) of this provision. 52.212-4 Contract Terms and Conditions Commercial Items OCT 2008 52.216-18 Ordering OCT 1995 Para (a) - date of contract award tough one-year from date of contract award for the basic period and for options, effective date of option exercise tough one-year from effective date of option exercise. 52.216-19 Order Limitations OCT 1995 Para (a) one (1) each for any line item (b) (1) The total estimated contract line item quantity (2) 50% of estimated contract quantity (3) 30 days (d) 15 calendar days 52.216-21 Requirements OCT 1995 Para (f) determined at time of award based on six (6) months after expiration date of ordering period 52.217-9 Option to Extend the Term of the Contract MAR 2000 Para (a) 30 calendar days prior to contract expiration 45 calendar days Para (c) 5 years 52.223-6 Drug-Free Workplace May 2001 52.232-18 Availability of Funds APR 1984 52.232-19 Availability of Funds for the Next Fiscal Year APR 1984 30 Sept 2009 30 Sept 2009 52.233-1 Disputes JUL 2002 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination NOV 1991 FULL TEXT CLAUSES 52.209-4 First Article Approval -- Government Testing Sep 1989 (a) The Contractor shall deliver 2 unit(s) of Lot/Item 1 within 60 calendar days from the date of this contract to the Government at USCG, Aviation Logistics Center (ALC, Short Range Recovery Aircraft Division, BLDG 75, Attn: LCDR Albert Antaran, Elizabeth City, NC 27909 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 60 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor -- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractors expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (End of Clause) Homeland Security Acquisition Regulation (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 the acquisition described in subsection (b)(1) of Section 835 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 3009.104-70 tough 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 tough 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 3009.104-70 tough 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (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 quote. (End of provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items DEC 2008 (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer shall check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (4) [Reserved] ___ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (6) (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 (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). (8) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). (10) 52.219-16, Liquidated DamagesSubcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (12) 52.219-25, Small Disadvantaged Business Participation ProgramDisadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (13) 52.219-26, Small Disadvantaged Business Participation ProgramIncentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). X (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). The following paragraph of this clause may require completion: (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA 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 __ is, __ is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signers name and title]. X (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755). ___ (17) 52.222-19, Child LaborCooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). X (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). X _ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). X (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). X (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). X (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). ___ (ii) Alternate I (Aug 2007) of 52.222-50. ___ (25) (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)). ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d). ___ (29) (i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (35) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (36) 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (37) 52.232-34, Payment by Electronic Funds TransferOther Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (40) (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) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). This clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition 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 Contractors 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 paragraphs (i) tough (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (x) 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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to paragraphs (a), (b), (c), or (d) of this clause in the redesignated paragraph (d) to read paragraphs (a), (b), and (c) of this clause. The closing date and time for submission of quotations is 01/30/2009 at 4:00 P.M. Eastern Standard time. All responsible sources may submit an offer, which shall be considered. Telephone responses will NOT be accepted. Offers may be submitted on company letterhead stationery indicating the National Stock Number, Nomenclature, Part Number and Unit Price. E-mail quotes and facsimile quotes are acceptable. E-mail quotes may be sent to claudette.y.surrento@uscg.mil or forwarded via to: fax number 252-335-5240 Attn: Claudette Y. Surrento. If submitted electronically, PLEASE indicate HSCG38-09-Q-200023 in subject line. The address for hard copy quotes should be submitted to: USCG Aviation Logistics Center Contracting Officer HSCG38-09-Q-200023 Short Range Recovery (SRR) Aircraft Division Elizabeth City, NC 27909-5001 Award will be based on Best Value as defined in 52.212-2 Evaluation Commercial Items (Jan 1999). The Government reserves the right to award to a higher priced quote, if deemed the overall best value to the government. Sources must have a valid Cage Code and DUNS number or the ability to obtain one, and also be registered in CCR (Central Contractor Registration) www.ccr.gov. Previous responses to sources sought notice Reference Number HSCG38-08-Q-200124 are NOT sufficient. Quotes must be submitted for this solicitation following the guidance contained herein. NOTICE FOR FILING AGENCY PROTESTS It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer tough open and frank discussions. If the protesters 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 agencys goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695
HSCG38-09-Q-200023 Department of Homeland Security US Coast Guard
1/16/09, 11:18 AM