ALC-MRS-SAP-FY18-INFO-PACKET-100K-250K.pdf

USCG ALC MRS

Simplified Acquisitions Procedures

FY18 GENERAL SOLICITATION INFORMATION PACKET

For Aircraft Component Repair/Overhaul Services

This Packet is up-to-date as of Federal Acquisition Circular 99

THIS GENERAL INFORMATION PACKET FOR SAP SOLICITATIONS CONTAINS:

FFP: Standard Commercial Repair/Overhaul Firm-Fixed-Price (FFP) information to include applicable Commercial Federal Acquisition Regulations Solicitation and Award Clauses.

NTE: Standardized Alternative Not-To-Exceed (NTE) post TT&E Repair or Overhaul information as approved by USCG LSC-9.

SAP Contracting Officer’s Explanatory Statement regarding the Firm-Fixed-Price (FFP) and Not-To-Exceed (NTE) quotes evaluation process.

Common Q&A for quoting USCG ALC MRS Repairs or Overhauls.

SAP Contracting Officer’s NTE and FFP: Knowing the Difference.

SAP Contracting Officer Explanation: What makes a vendor Capable?

LAST UPDATED AUG 1, 2018 100K – 250K

THIS SECTION CONTAINS

APPLICABLE CLAUSES AND

GENERAL INFORMATION

REGARDING:

COMMERCIAL FIRM-

FIXED-PRICE (FFP)

REPAIRS OR

OVERHAULS

THIS ADDENDUM IS AN EXAMPLE ONLY AND IS SUBJECT TO CHANGE OR ADJUSTMENT BASED ON THE FINAL DOLLAR VALUE OR CHANGES TO THE FEDERAL ACQUISITION REGULATIONS PRIOR TO THE TIME OF AWARD.

THIS ADDENDA CURRENT AS OF FAC-99

ADDENDA TO FAR CLAUSE 52.212-4

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

Supplies or Piece Parts used in repair services furnished under this order must be new unless otherwise stated herein. The contractor shall complete and sign the following certification, attach one copy to the outside of the shipping container, and attach one copy to the invoice. Failure to comply with this requirement may result in USCG refusal to accept and/or pay for the items.

Solicitation Provisions –

(Applied as applicable to Simplified Acquisitions)

(1) 52.212-1 Instructions to Offerors – Commercial Items Oct 2016

(2) 52.212-2 Evaluation – Commercial items, or other evaluation factors for award Oct 2014

(3) 52.212-3 Offeror Representations and Certifications – Commercial Item Jul 2016

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 address:

https://www.acquisition.gov/far/index.html.

FAR 52.202-1 Definitions Nov 2013

FAR 52.225-8 Duty Free Entry Oct 2010

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

FAR 52.212-4 Contract Terms and Conditions – Commercial Items Jan 2017 as applicable

FAR 52.247-29 F.O.B. Origin Feb 2006

FAR 52.247-34 F.O.B. Destination Nov 1991

As prescribed in 12.301(b)(4), insert the following clause:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --

Commercial Items (Jul 2018)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

https://www.acquisition.gov/far/index.html http://farsite.hill.af.mil/reghtml/Regs/far2afmcfars/fardfars/Far/12.htm#P127_20623

(5) 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.] NOTE: If not checked it does not apply.

(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).

(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]

(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).

(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).

(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.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(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.

(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)).

(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).

(22) 52.219-28, Post Award Small Business Program Re-representation (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)).

(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(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) (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.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)

(E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

(E.O. 13693).

(38) (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.

(39) (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.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41) (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.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (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.

(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(49) 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).

(50) 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).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31

U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(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).

(ii) Alternate I (Apr 2003) of 52.247-64.

(End of Clause)

[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).

(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) 52.237-11, 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 threshold, and does not contain the clause at 52.215-2, Audit and Records. Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the

Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, 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)).

https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147587 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160021 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1153423 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148260 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148274 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1155380 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162590 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1163027 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1170084 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1183820 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1120023 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_215.html#wp1144470 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787

(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 (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 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 and 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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(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)

Quality Assurance

1.1 The Contractor shall, immediately upon discovery, notify and disclose conditions to the Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or materiel, defect or non-airworthy condition of any product or component used in the repair are found to potentially cause a non-conformity to the original specifications of this contract. The Government reserves the right to inspect any non-conforming product or component. Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component.

1.2 The contractor’s quality control manual shall address in detail the contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes.

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1.3 The Contractor shall immediately notify the Contracting Officer of any changes that potentially have an impact on the product. Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing facility location and personnel qualifications.

Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The contractor shall allow the Government access to all applicable areas of the contractor’s facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with

FAR.

1.4 The contractor shall retain all records in accordance with FAR 4.7 Contractor Records Retention. The contractor shall be required to permit Government access to applicable records retained at any level of the supply chain.

1.5 Unless otherwise specified, the Contractor shall flow down all requirements in this contract to their supply chain, to include all subcontractors and suppliers.

Environmental Requirements. All parts must be thoroughly cleaned IAW applicable Component Maintenance Manuals or FAA Advisory Circular 43-205, Guidance for Selecting Chemical Agents and Processes for Depainting and General Cleaning of Aircraft and Aviation Products, to ensure they are as free as practicable of all hazardous dust to include hexavalent chromium, cadmium, lead, etc., prior to being returned to ALC. ALC may take random samples of parts to ensure they are free as practicable of all hazards. Information on these hazards can be found in Occupational Safety and Health Standards 1910.1025 (lead), 1910.1026 (Hexavalent Chromium) and 1910.1027 (Cadmium).

Piece Parts used in Repairs and Overhauls – Shelf-Life. Unless otherwise authorized by the government, a part used in the repair or overhaul of a component that has an assigned shelf-life shall have a minimum of 85 percent remaining shelf-life at the time of the repair or overhaul.

CERTIFICATE OF CONFORMANCE: If repaired by the OEM, the OEM’s Certificate of Conformance (COC) is acceptable. If not repaired by OEM, vendor shall use the COC format as outlined IAW FAR 52.246-15 Certificate of Conformance (Apr 1984). With exception of an actual USCG recognized OEM IAW FAR 46.504, the COC must comply with the language in FAR 52.246-15. Discrepancies in wording or failure to submit COC will result in delays of acceptance of material and payment of invoices.

FAR 52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipment of such supplies will not be made under this contract until use of the Certificate of

Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration

(Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ___________________ (insert date), the _______________________

(insert Contractor’s name) furnished the supplies or services called for by Contract No.

_______________________________ via ___________________________ (Carrier) on _______________________________ (identify the bill of lading or shipping document) in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

DATE OF EXECUTION: __________________________________________________

SIGNATURE: ___________________________________________________________

TITLE: _________________________________________________________________

TRACEABILITY. Traceability means that the contractor must be able to show a clear documented, auditable paper trail for ownership and transfer of each part from the OEM or approved PMA originator (if approved in advance by USCG ALC MRS

Engineering) to the final vendor.

_X_ Vendor is the OEM. Traceability of piece parts are not required.

___ Traceability of replacement piece parts is required.

PACKING INSTRUCTIONS

GENERAL (Applicable to all Orders/Line Items)

1. The contractor shall comply with ASTM D 3951-10 Standard Practice for Commercial Packaging with the exceptions as stated herein. Components shall be packaged sufficiently to afford maximum protection from damage in transit and from corrosion.

2. If special packaging is required by the Component Maintenance Manual (CMM), the Contractor shall follow those instructions.

3. The Coast Guard Aviation Logistics Center is a supply depot; therefore material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea.

4. Packaging Material shall NOT consist of the following; popcorn, shredded paper, Styrofoam of any type or peanut packaging.

5. If traceability to OEM (Original Equipment Manufacturer) is required, documentation of such proof to traceability must be included with the item in its shipment container.

(The following are applicable as annotated) ___Check if HAZMAT (MSDS Required)

STANDARD PACKING INSTRUCTIONS: Standard Packaging is applicable for

The Entire Order Line Item(s) ________________________________________

1. Each part/component (each individual item, not line item) shall be individually packed in a separate envelope, box, carton or crate.

2. Each individual container shall be labeled on the outside and each individual part/component shall be labeled on the inside with *National Stock Number, *Part Number, *Serial Number, Quantity, Nomenclature (name of item), Line Item Number, and Purchase Order Number. The Material Inspection and Receiving Report (i.e. Commercial Packing Slip, DD250, etc.) and Certificates of Conformance shall be placed on the outside on individual containers.

3. Internal Packaging Material must be sufficient to prevent damage during shipment, handling, and storage, and shall NOT consist of the following; popcorn, shredded paper, Styrofoam of any type or peanut packaging. Preservation protection must be sufficient to prevent corrosion, deterioration, and decay during warehouse storage for a period of not less than one (1) year.

* This requirement is not applicable if none assigned.

APPLICABLE CLAUSES AND

GENERAL INFORMATION

NOT-TO-EXCEED SERVICE

(Repair or Overhaul) OF

AIRCRAFT COMPONENTS

FOR POST EVALUATION

FIRM-FIXED-PRICING

THIS ADDENDUM IS AN EXAMPLE ONLY AND IS SUBJECT TO CHANGE OR ADJUSTMENT BASED ON THE FINAL DOLLAR VALUE OR CHANGES TO THE FEDERAL ACQUISITION REGULATIONS PRIOR TO THE TIME OF AWARD.

SPECIAL NOTICE: If there will be a proposed change in the Required Delivery Date, Quantity, or Scope of Work by the Vendor/Awardee, they must provide updated status to this order. The format for such may be informal. Such status update must be emailed directly to the Inventory Manager (IM) who initiated the request for this supply or service and/or who is responsible for the management of this material, at [EMAIL ADDRESS OF APPLICABLE INVENTORY MANGER] and “Cc” a copy to [EMAIL

ADDRESS OF APPLICABLE PURCHASING AGENT]. Ensure the SUBJECT LINE of your email is in the following format: (Status + Purchase Order Number). Please note that lack of such reporting may or may not be a factor in future "Past Performance" evaluations".

THIS ADDENDA CURRENT AS OF FAC-99

AIRCRAFT COMPONENT REPAIR/OVERHAUL ADDENDA

Includes Not-To-Exceed pricing with conditions or as subject to negotiation after the teardown, test, and evaluation to determine overall repair or overhaul eligibility as applicable.

A. THIS PURCHASE ORDER IS AN OFFER UNDER THE TERMS AND CONDITIONS SPECIFIED. BY FURNISHING THE SERVICES ORDERED THE CONTRACTOR IS ACCEPTING THE OFFER AS SUBMITTED AND CREATING A BINDING CONTRACT FOR THE EVAULATION AND REPAIR OF THIS MATERIAL. THE ACTUAL COST OF THE REPAIR OF THIS MATERIAL CANNOT EXCEED THE FUNDED AMOUNT WITHOUT THE WRITTEN PERMISSION OF THE CONTRACTING OFFICER. IN CONJUNCTION WITH FAR CLAUSE 52.213-3 NOTICE TO SUPPLIER, CONTAINED IN THIS ORDER, IT IS INTENDED THAT NO INDIVIDUAL LINE ITEM ESTIMATED UNIT PRICE BE EXCEEDED WITHOUT WRITTEN AUTHORIZATION VIA MODIFICATION TO THIS ORDER. IF AFTER TEST AND EVALUATION, IT IS DETERMINED THAT REPAIR AND/OR OVERHAUL COSTS WILL EXCEED THE GOVERNMENT’S OBLIGATED AMOUNT(S), THE CONTRACTOR SHALL STOP PERFORMANCE AND SUBMIT A WRITTEN QUOTATION REQUESTING ADDITIONAL FUNDING PRIOR TO INITIATING THE ACTUAL REPAIR OR OVERHAUL PROCESS. THIS QUOTATION SHALL INCLUDE PRICES FOR PARTS, LABOR HOURS AND RATES, AND OTHER CHARGES IN SUFFICIENT DETAIL TO DETERMINE PRICE REASONABLENESS. QUOTES ARE TO BE SIGNED AND DATED BY A CONTRACTOR-AUTHORIZED REPRESENTATIVE AND EMAILED TO Terence.L.Blucker@uscg.mil .

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.

IF A SPECIFIC STATEMENT OF WORK IS INCORPORATED INTO THIS PURCHASE ORDER AND ANY OF THE INFORMATION PROVIDED CONFLICTS WITH THE CONTENT OF THIS ADDENDA, THE STATEMENT OF WORK WILL TAKE PRECEDENCE. IF ANY DISCREPANCIES EXIST IN THIS OFFER AND/OR THE CONTRACTOR CANNOT COMPLY WITH THE ORDER REQUIREMENTS, THE CONTRACTOR SHALL PROVIDE IMMEDIATE WRITTEN NOTIFICATION TO THE CONTRACTING OFFICER. NOTE: IF THE CONTRACTOR BELIEVES THIS ORDER IS EXEMPT FROM THE SERVICE CONTRACT ACT IN

ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 22.1003-4(d), THEN HE MUST SUBMIT AN EXECUTED COPY OF FAR PROVISION 52.222-52, EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES—CERTIFICATION FOR REVIEW BY THE CONTRACTING OFFICER. THIS ORDER CONTAINS THE HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSE 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES WHICH IS MARKED SPECIFYING THAT THE VENDOR IS NOT A FOREIGN INCORPORATED ENTITY THAT SHOULD BE TREATED AS AN INVERTED DOMESTIC CORPORATION. ACCEPTANCE OF THIS ORDER

INCLUDES ACCEPTANCE OF THIS CLAUSE AS MARKED.

B. COMPONENTS PER SCHEDULE OF SERVICES FOR INSPECTION, REPAIR AND/OR OVERHAUL

1.0 SCOPE:

This statement defines the minimum labor, material, requirements, and levels for the inspection, repair and/or overhaul of components per attached schedule. The contracted work scope under this Statement of Work (SOW) shall be accomplished in accordance with OEM repair specifications or an alternate standard approved by the Product Line Engineering Branch, USCG Aviation Logistics Center. The work shall be performed by a repair center which is a Federal Aviation Administration (FAA) Authorized Repair Center, OEM Authorized Repair Center or one that is deemed to be acceptable to the Coast Guard and has experience in repairing the subject component or similar items. The repair station shall provide documentation to verify that they have OEM and FAA approval or USCG approval to service the component. The contractor shall be ISO 9000 compliant or have a quality system acceptable to the United States Coast Guard.

2.0 BACKGROUND:

The primary objective of this Statement of Work (SOW) is to have components on schedule inspected, tested, repaired or overhauled and provide the Coast Guard with the most reliable component, and achieving increased Mean Time between Failure (MTBF).

3.0 REQUIREMENTS:

mailto:Terence.L.Blucker@uscg.mil

3.1 The contractor shall repair/overhaul components In Accordance With (IAW) latest applicable Component Maintenance Manual (CMM) revision #, CG Time Compliance Technical Orders (TCTOs), and Original Manufacturer’s Service Bulletins (SB) for components on schedule.

3.1.1 All SBs or CG TCTOs that were previously incorporated shall remain incorporated. The contractor shall notify the CG’s Contracting Officer of all new SB’s or amendments that upgrade or improve the component’s reliability and shall incorporate the same after approval by the CG’s Contracting Officer.

Note: CMMs or SBs listed in the purchase order may not be to the latest revision. The contractor shall identify their latest revision and a brief synopsis describing the revision to the CG’s Contracting Officer. This applies to both repair and overhaul.

3.2 The component shall be identified and marked IAW the applicable CMM or SB.

3.3 Levels of Repair

3.3.1 Inspect/Repair as necessary consists of inspection, failure analysis, defective part replacement and testing, necessary to meet the manufacture’s functional requirements IAW the applicable CMMs and/or SBs.

3.3.2 Overhaul consists of complete teardown, inspection, cleaning, replacing all consumables, OEM recommended 100% replacement components and all components showing excessive degradation. Overhaul zeros out the components Time Since Overhaul (TSO).

3.4 All components found unserviceable IAW CMM teardown, inspections, and troubleshooting procedures, shall be replaced with New OEM parts.

3.5 Upon completion of any work, contractor shall completely test the component IAW the test procedures.

3.6 Replacement part certification documentation must be maintained by the repair station for inspection for a minimum of 24 months after delivery.

4.0 APPLICABLE DOCUMENTS

4.1 Component Maintenance Manuals: As specified in purchase order.

4.2 CGTOs and TCTOs: As specified in purchase order

4.3 OEM Service Bulletins

4.3.1 If applicable and not provided in CMM the vendor shall submit a list of SB’s and a brief synopsis describing the SB to CG Contracting Officer for review and approval.

4.4 Data Availability

4.4.1 OEM drawings, Service Bulletins, Component Manuals are proprietary and cannot be provided by the

Coast Guard. The contractor shall obtain the required vendor OEM component maintenance manuals, drawings, and specifications. The Coast Guard does not own nor can it provide this data.

5.0 DELIVERABLES

5.1 The Contractor shall provide a Federal Aviation Administration (FAA) airworthiness 8130-3 Certificate (or an alternate approved by ALC Engineering) or a Certificate of Conformance with each component tested repaired and or overhauled. FAA Form 8130-3 is preferred. A Certificate of Conformance must be in accordance with FAR 52.246-15. Appropriate certificate must be signed and dated by an authorized official representing the approved repair station. All amendments and SB shall be identified.

5.2 The Contractor shall provide the Coast Guard Contracting Officer with a statement describing the work accomplished, parts replaced and a cost breakdown for labor/materials. (ex. Teardown/Inspection Report and Invoice)

5.3 The contractor shall return the original Significant Component History Record (SCHR) with each tracked component. One copy of the Component Repair Record (CRR) and a copy of the SCHR shall be mailed to:

Commanding Officer USCG Aviation Logistics Center Elizabeth City, NC 27909 Attn: AVENG/ACMS

5.4 A copy of the applicable certification along with a copy of all such serviceable verification documents including the repair station work order listing all replacement parts in part number order shall be attached to each component itself as well as a copy in a packing list / envelope attached to the outside of the container.

6.0 PACKAGING/PRESERVATION

6.1 Packaging/preservation: Unless otherwise specified packaging/preservation shall be IAW CMM. Components shall be packaged sufficiently, which will afford maximum protection from damage in transit and corrosion. Any deviation from CMM requires prior approval ALC’s Contracting Officer at (252) 335-6143.

C. BEYOND ECONOMICAL REPAIR (BER).

In the event the contractor considers a component listed in the contract and/or its submodules to be Beyond Economical Repair, he shall contact the Contracting Officer, in writing, for disposition instructions. The letter shall identify the Line Item Number, Part Number, Serial Number (if one is assigned), and a breakdown of the price for parts and labor necessary to repair the component. The contractor shall not proceed with repair until authorization (or disposition) is received from the Contracting Officer.

D. SERVICE BULLETINS. All OEM Service Bulletins previously incorporated shall remain incorporated. Service Bulletins that upgrade the component or improve reliability shall be incorporated upon approval of a U.S. Coast Guard Contracting Officer.

E. ACTUAL REPAIR AUTHORIZATION. Once in receipt of the material, the vendor is directed to test and evaluate the component(s) and if the actual cost of the repair will exceed the government’s obligated amount on this order for that component, vendor must provide the USCG Contracting Officer, for approval consideration via modification, with a detailed parts and labor breakdown for each line item of this purchase order for the actual cost of the individual component repair prior to performing the actual repair. If actual repair will exceed the obligated amount for the repair of the material and the vendor 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 vendor. After the vendor’s test and evaluation of the material, if the actual repair cost of an individual component will fall below the government’s obligated amount on this order for that component repair, the vendor will proceed and complete the repair, advise the Contracting Officer of the amount that will be invoiced, and final invoice for only that amount equal to the cost of the actual repair for that component.

F. CONTRACT TERMS AND CONDITIONS

Contract Administration

All correspondence, except as otherwise specified, shall be directed to the following address:

Contracting Officer MRS Contracting Office USCG Aviation Logistics Center Elizabeth City, NC 27909-5001

Reimbursable Transportation for FOB Origin, Freight Prepaid Orders For material that is to be delivered f.o.b. supplier’s plant, shipment to destination(s) shall be prepaid and subject to reimbursement. The transportation cost shall be shown as a separate item on the invoice. If shipping charges exceed $100.00, they must be supported by a freight bill, a copy of which must accompany the invoice. Parcel Post shipment requires a notation on the invoice giving the mail rate and parcel zone.

G. CONTRACT CLAUSES.

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

As prescribed in 13.302-5(d), insert the following clause:

TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (JUL 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(vi) 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).

(vii) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(viii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items�ﾠ(NOV 2017).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014)(41 U.S.C.

chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.)

(For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in 52.2-42.5 whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O.

13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be—

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (JUN 2016) (E.O.