19QH81.Terms&Conditions.pdf

RFQ 70Z03819QH0000081

FAR 52.212-4, Contract Terms and Conditions—Commercial Items (Oct 2018)

Addendum. The clause is tailored as follows. Paragraphs (a) and (o) provide changes to the content of the clause.

Paragraphs (a) and (w) through (ab) provide additional information.

(a) Inspection and Acceptance. Inspection and acceptance shall be performed by:

1) ALC Quality Assurance Personnel

2) ALC Receiving Personnel for count and condition only.

Deliveries are accepted at the following address only unless prior arrangements have been made:

Aviation Logistics Center

1664 Weeksville Road

Building 63

Elizabeth City, NC 27909

Work/Receiving Hours 6:00 AM – 3:30 PM

Point of contact: Rey Rivera (252) 384-7251 or Christopher Younger (252)335-6500

(o) Warranty. The contractor’s standard commercial warranty shall suffice for this requirement.

(w) Quality Assurance. This section is applicable to all orders for products that will ultimately touch USCG aircraft.

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 (to include components used in repairs) found to potentially cause a non-conformity to the origin al 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.

2) The Contractor’s Quality Control Manual (QCM) shall address in detail the Contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes. The Contractor shall provide a copy of the QCM upon the Government’s request.

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.

4) 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 the FAR.

5) 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.

6) Unless otherwise specified, the Contractor shall flow down all requirements in this contract to its supply chain, to include all subcontractors and supplies.

(x) Material Inspection and Receiving Report (MRR). At the time of each delivery, the Contractor shall prepare and furnish a properly completed DD Form 250, MRR or commercial shipping document. The shipping document shall include the National Stock Number (NSN), Part Number (P/N), Serial Number (S/N), Quantity, Contract/Order

Number, and Line Item Number. One copy of the shipping document shall be firmly affixed to the outside of the shipping container and one copy packed with the item.

(y) Packing, Marking and Preservation. The Contractor shall comply with ASTM-D3951-15 (December 1, 2015), Standard Practice for Commercial Packaging. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG Air Stations without repackaging or damage during shipment and/or handling. Unless otherwise specified, all items shall be individually packaged and labeled. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any kind or peanut style packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. The internal protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage.

(z) Noncompliance of Packaging, Marking and Preservation. The contractor will be notified by the Contracting Officer of non-compliances in the event discrepancies in packaging, marking and preservation are noted such that corrective action is required. Potential actions include:

i. Return of the items to the contractor for repackaging at the contractor’s expense (round trip)

ii. Correction by the USCG at the contractor’s expense. A modification to the contract/order will be issued unilaterally to recoup costs borne by the USCG.

(aa) Payment. Invoices should be submitted electronically to ALC-Fiscal@uscg.mil. Invoices submitted against this order must mirror the order and any resulting modifications. Conflicts between the invoice(s) and the order/modifications may result in rejection of the invoice.

(ab) Correspondence. All correspondence, unless otherwise specified in writing, shall be directed to the Contracting

Officer at the address specified below:

USCG Aviation Logistics Center (ALC)

Attn: Contracting Officer

LRS Product Line Division

Elizabeth City, NC 27909-5001

(End of Addendum)

Contract Clauses

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same for 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 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2018)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018)

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

FAR 52.246-15 Certificate of Conformance (Apr 1984)

FAR 52.247-29 F.o.b. Origin (Feb 2006)

FAR 52.247-34 F.o.b. Destination (Nov 1991) mailto:ALC-Fiscal@uscg.mil https://www.acquisition.gov/far/index.html

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), 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

23021 Aircraft Mechanic I (WG-10) $22.12 Per Hour

23160 Electrician, Maintenance (WG-10) $22.12 Per Hour

23370 General Maintenance Worker (WG-08) $19.99 Per Hour

23890 Sheet Metal Worker, Maintenance (WG-08) $19.99 Per Hour

HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep

2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference.

HSAR 3052.222-90 Local Hire (USCG) (Jun 2006)

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

Items (MAY 2019)

(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).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (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 (June 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 2018) (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).

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

__ (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).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (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]

X_ (14) (i) 52.219-6, Notice of Total Small Business Set-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 (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

__ (ii) Alternate I (Jan 2017) 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 (Aug 2018) 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).

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)).

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

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (July 2014) of 52.222-35.

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

__ (ii) Alternate I (July 2014) of 52.222-36.

__ (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).

X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

__ (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

(Jun2016) (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 Televisions (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.

X_ (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. 13693).

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

__ (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 (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (49) 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).

__ (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)).

X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)

(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)(13)).

__ (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.

__ (iii) Alternate II (Feb 2006) 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:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X__ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

X__ (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) (Aug 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).

X (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).

(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)).

(iii) 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).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xiv) 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).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

Attachments:

__ Statement of Work with samples:

_X_ Certificate of Conformance

__ Component Repair Record

__ Significant Component History Report

Rest of page intentionally left blank

70Z03819QH0000081

1.0 GENERAL

1.1 BACKGROUND

The U.S. Coast Guard (USCG) Aviation Logistics Center (ALC) requires overhaul of the applicable Part

Numbers (P/N), National Stock Numbers (NSN), and quantity estimates as specified on the Schedule of

Supplies/Services (Schedule). The Contractor shall be required to overhaul components to be returned to USCG in a ready for issue (RFI) condition.

The Long Range Surveillance Product Line Division (LRS) supports the HC-130H & HC-130J aircraft by providing logistics, inventory management, and sustainment support for USCG aviation assets utilized by Air

Stations geographically located in and outside the continental United States. As part of this responsibility, the

LRS has a requirement for sustainment of numerous components used on the aircraft.

Overhaul quantities have been determined using generally accepted logistic and inventory management practices based on past usage, future HC-130J program projections, overhaul factors, rates, forecasts, and various statistical methods.

1.2 SCOPE

Subject to the Government’s need and availability of funds, the components listed in the Schedule will be furnished to the Contractor for overhaul at the prices established at award. All overhaul actions shall be In

Accordance With (IAW) the applicable technical directive or alternate standard approved in writing by USCG

LRS Contracting Officer. Components furnished hereunder shall be returned by the Contractor in an airworthy condition and in all respects suitable for installation on the HC-130 aircraft. Certification and documentation requirements apply.

Firm fixed pricing for overhaul shall be at a fully burdened rate. The Contractor is required to supply all parts, labor, and materials required to restore these components to a Ready for Issue (RFI) condition. Incorporation of

Service Bulletins (SB) or repairs for Unusual Damage will be priced separately.

The technical requirements in the SOW are identified as the minimum acceptable standards of performance to define an operationally effective system. The Contractor must have access to the applicable technical directives cited in SOW 1.4. In addition to these directives, the Contractor must have access to all performance/test/acceptance criteria and necessary data to ensure the items specified in the Schedule are repaired, calibrated, and operating IAW the applicable technical directives. The Contractor shall deliver all components repaired IAW the appropriate technical directives.

The work required by this SOW is not limited to the installation of overhaul kits, if any, mandated by the applicable technical directives. The Contractor shall perform a complete overhaul and correct all additional deficiencies found discovered during teardown. The work shall include repair of all related components and include replacement of missing hardware or broken parts and the removal of any foreign matter or corrosion.

file:///C:/Users/NDeBerry/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/SCOPE%20PARAGRAPHS.doc

1.3 OBJECTIVE

This purchase order will provide an acquisition vehicle for the USCG to maintain an inventory of RFI components to supply depot level maintenance and the field units. It will continue to enhance the USCG’s ability to perform the congressionally mandated missions such as search and rescue, law enforcement, international ice patrol, marine environmental protection, and marine resource conservation. With such a demanding operational tempo, aircraft condition and availability are essential to mission success.

1.4 APPLICABLE DOCUMENTS

1.4.1 Technical Directive Documents

The following documents provide technical directives, specifications, standards, or guidelines that must be complied with in order to meet the requirements of this purchase order: All repairs shall be accomplished in accordance with the following:

Original Equipment Manufacturer’s Commercial Maintenance Manuals, (CMM), latest version.

Technical Order: See Table 1 below.

Other: ________________________

Table 1

Description Technical Directive

Actuator, Elec-Mech

AFTO 8D1-40-3-3 NSN 1680-00-072-5810

P/N L16-8-3

Actuator, Elec-Mech

8D1-9-51-3 NSN 1680-01-329-7411

P/N 880T100-3

Actuator, Elec-Mech

AFTO 8D1-27-3-13,14

(Flight Critical)

NSN 1680-00-973-4891

P/N 540538-2-1

Actuator, Elec-Mech

AFTO 8D1-2-9-3,4 NSN 1680-00-279-3544

P/N 8526

1.4.2 Availability of Documents

The Contractor must have access to the most current editions of all applicable documents and manuals.

The USCG does not maintain nor release the technical directive documents required to overhaul these components.

1.4.3 U.S. Federal Specifications and Standards

U.S Government specifications, standards, and handbooks are available from the Standardization Document

Order Desk, 700 Robbins Avenue, Building 4D, Philadelphia PA 19111-5094. Other Government activities, contractors, and other private concerns must procure copies from the American Society for Testing and

Materials, 100 Barr Harbor Dr., West Conshohocken PA 19428-2959.

2.0 SPECIFIC REQUIREMENTS/TASKS

2.1 The technical directives listed in SOW 1.4.1 are the basic directives to be used in the parts replacement requirement. Replacement parts shall conform to the configurations stipulated in the technical directives and instructions contained herein. Parts replacement shall be confined to those parts determined to be Beyond

Economical Repair (BER) unless otherwise specified. Original design or functional capabilities of the component and parts thereof shall not be changed unless authorized or directed by the requirements of this SOW. (See SOW

2.7)

2.2 A DD Form 1577-2, Unserviceable Tag-Material, or a CG-1577-A (11-90), Unsatisfactory Report Tag, describing faults will be attached to each Not Ready for Issue (NRFI) component received by the Contractor.

2.3 Reporting Requirements

2.3.1 Receipt of Components

Within ten (10) business days of receipt of components, the Contractor shall notify the Contracting Officer in writing providing the following information: (1) date the components were received at the Contractor’s facility, (2) Confirmation of P/N and S/N, and any discrepancy with the P/N or S/N shown on the purchase order and/or the Significant Component History Report (SCHR) and Component Repair Record (CRR).

Notification of discrepancies may be sent to the Purchasing Agent named herein.

The Government reserves the right to have discrepant equipment returned “as is”, therefore the Contractor shall not start work on discrepant equipment. Correction of discrepancies and/or disposition instructions will be provided via modification to the purchase order. Failure to acknowledge receipt of the components specified in the Schedule may result in the Government’s assumption that the components were received at the Contractor’s facility within seven (7) days of the date on the purchase order.

2.4 The Contractor shall provide all necessary parts, material, labor, tooling, test equipment, and facilities to evaluate and overhaul the components listed in the Schedule for the USCG fleet of HC-130H & HC-130J aircraft, as necessary to conform with the requirements of this SOW at the firm-fixed-pricing established in the purchase order schedule. The cost for parts that are replaced systematically during overhaul shall be included in the firm-fixed prices established in the schedule. The Contractor shall provide the data and documentation requirements specified as part of this SOW.

2.5 The work shall be accomplished IAW technical directives specified in SOW 1.4.1; latest change revision shall apply and shall be used when performing the overhaul requirements within this purchase order except where noted herein. The Contractor must have access to all required maintenance, overhaul and overhaul manuals and performance/test/acceptance criteria and data to ensure that equipment is repaired, calibrated and operating IAW the technical directive specifications.

2.6 Corrosion

The Contractor shall perform a visual and technical inspection IAW the current applicable technical directive and correct all additional deficiencies found. This shall include replacement of broken parts and the removal of any foreign matter or corrosion. USCG aircraft operate primarily in a saltwater environment and are subject to corrosion. Corrosion is expected on components to be repaired under this purchase order. Note: The existence of corrosion does NOT support a determination of Unusual Damage. See paragraph 3.8.

2.6.1 During inspection and functional test, the presence of corrosion in any component or subcomponent thereof shall constitute reason for a more thorough disassembly and inspection. Should corrosion be found, disassembly shall be made only to the extent necessary to remove corrosion or replace the part(s) affected.

Corroded parts shall be replaced except in those cases where removal of corrosion from a part will not impair efficiency or safe operation of the part. Corrosion removal and treatment of affected areas will be accomplished IAW technical directive specifications and Federal Aviation Administration (FAA) Advisory

Circular AC 43-4A, dated 07/24/1991, Corrosion Control for Aircraft.

2.7 Replacement Parts

Replacement parts shall be in new condition and traceable to the OEM. In cases where new parts are no longer manufactured, replacement parts determined “serviceable” or “repaired” and meeting the requirements of the specified technical directives are acceptable as authorized by the Contracting Officer. A copy of the Contractor's work order, listing all replacement parts, shall be provided for each component. The Contractor shall maintain a copy of replacement part certification documentation for inspection by the Government for a minimum of twenty four (24) months after delivery. Unless otherwise directed in writing, defective parts removed from the component shall be rendered unusable for their intended purpose(s) and disposed of at Contractor’s facility IAW standard procedure for parts disposal.

2.8 In all cases inspection, repair, and test procedures must meet or exceed technical directive specifications.

Components delivered to the Government shall be certified to be airworthy and ready for field level (USCG Air

Station) installation on a USCG aircraft, including final paint.

2.9 The Contractor shall remove the unserviceable tag DD Form 1577-2 from the repaired component upon completion of repair.

2.10 Service Bulletins or Other Modifications

Upon receiving a written notice of a SB or other modification by either the Government or OEM, the Contractor shall submit within thirty (30) calendar days, a firm fixed priced proposal of an incremental charge to be assessed each time the SB or change is incorporated in a component. The proposal shall contain a breakdown of material and labor cost based upon the firm fixed labor rates and material factors. The incremental charge agreed to for incorporation of a SB shall apply only to those components into which the Contractor incorporates a required SB, not those into which the SB has been previously incorporated. Upon agreement of the incremental charge and issuance of a purchase order modification to reflect this change, the SB shall be incorporated into each subsequent component received at the Contractor’s facility if said SB has not already been incorporated. When SB incorporation changes the component’s part number, the new part numbers will be added to the purchase order.

The Contractor shall update the components’ data plate, if applicable, to denote the new part number and/or modification number.

2.11 Obsolete Parts or Processes

The Contractor shall use new parts meeting the requirements of the specified technical directives, specifications and drawings. In the event certain parts or processes become obsolete the Contractor shall, within fifteen (15) calendar days after receipt of the assembly or component, notify the Contracting Officer and submit 1) rationale and verification of any obsolete part or process, and 2) a written estimate of the effort required to make the repair.

Such estimates shall include nomenclature, part number, cost and quantity of replacement parts, and total labor hours. The Contractor shall verify cost of parts with invoices or catalogs. The Contractor’s delivery obligation for the component(s) identified shall be suspended as of the date of the notice to the Contracting Officer. The

Contracting Officer will, within thirty (30) calendar days of receipt of the Contractor’s written estimate, make a written determination as to the disposition of the component. After receipt of the Contracting Officer’s disposition instruction, the Contractor shall have sixty (60) calendar days for delivery.

3.0 OTHER APPLICABLE CONDITIONS

3.1 Period of Performance

Period of performance for SAP is from the date of award through final delivery.

3.2 Place of Performance

The primary place of performance will be the Contractor’s facilities or other USCG approved location, if applicable.

3.3 Turn-around Time/Delivery Schedule

The USCG desires delivery 90 days After Receipt of Material (ARM) at the Contractor’s facility. Turn-around time is defined as beginning at the time of receipt of component at the Contractor’s facility and ending at the time of delivery to ALC Elizabeth City, NC. The USCG desires early deliveries therefore early shipments are encouraged as long as no additional costs are incurred by the USCG. All requests for time extensions shall be submitted to the Contracting Officer in writing and shall include substantiation of the need for such time extension(s) IAW FAR 52.212-4 (f) excusable delays. If nonperformance is not covered by an excusable delay, the Contractor and the Contracting Officer shall negotiate the consideration for the approval of the extended delivery date at which time a modification to the task order will be issued to reflect the consideration and the extension. The Contractor may also propose a staggered delivery schedule based on plant capability for large quantity purchase order orders.

3.3.1 Delivery – Dock to dock; no customs, duties and government will not provide assistance or take responsibility for customs clearance of government material. The government has no preference in freight forwarders; the contractor’s delivery obligation shall remain unchanged.

3.4 Accelerated Turn-around Time and Delivery

In the event an accelerated turn-around time and delivery is needed, the Contractor shall be entitled to compensation for additional labor hours and expedited freight costs necessary to complete performance earlier than the required turn-around time and delivery schedule established in the purchase order. After receiving a written request from the Contracting Officer for an accelerated turn-around time and delivery, the Contractor shall provide a written response within two (2) business days advising if an accelerated turn-around time and delivery can be accomplished and include any additional costs necessary for the accelerated performance. Accelerated performance will be authorized in writing via a purchase order modification.

3.5 Urgent Requirements

Aircraft on the Ground (AOG) status necessitates a special schedule. In the event an AOG status occurs, the

Contractor will be notified of the condition and requested to provide a response within twenty four (24) hours of the request. The Contractor’s response shall provide status of the component(s) needed to satisfy the AOG condition that includes what USCG items in-house for overhaul are closest to completion under normal working conditions and an estimate of the labor hours needed to accelerate overhaul completion. The Contracting Officer will issue a purchase order modification authorizing overtime premium if necessary with a not-to-exceed price for the work and provide shipping instructions. Upon completion of repair, the Contractor shall submit actual pricing for the AOG requirement and a modification will be issued by the Contracting Officer to definitize pricing for the work.

3.6 Warranty

The contractor’s standard commercial warranty will suffice for this requirement. Pursuant to the requirements of

FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include:

a) A brief statement that a warranty exists.

b) The substance of the warranty.

c) Its duration.

d) Who to notify if the supplies are found to be defective.

For commercial items, the Contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for Government personnel and users to identify the warranted services/supplies.

3.7 Environmental requirements

All parts must be thoroughly cleaned IAW applicable technical directives or FAA Advisory Circular 43-205, Guidance for Selecting Chemical Agents and Processes for Depainting and General Cleaning of Aircraft and

Aviation Products, to ensure they are as free as practicable of all hazardous dust to include hexavalent chromium, cadmium, lead, etc., prior to being returned to ALC. ALC may take random samples of parts to ensure they are free as practicable of all hazards. Information on these hazards can be found in Occupational Safety and Health

Standards 1910-1025 (lead), 1910.1026 (Hexavalent Chromium) and 1910-1027 (Cadmium).

3.8 Unusual Damage

The USCG intends that ALL components specified in the Schedule will be repaired within the firm fixed prices established in the purchase order. Occasionally, components may be received in a condition outside the confines of the applicable technical directives and may be determined Unusually Damaged. In order to be determined

Unusually Damaged, a component must be received for routine overhaul and upon evaluation any one of the following conditions are discovered:

Obvious misuse

Cannibalization

Crash damage

Note: Only components meeting one or more of the above criteria may be considered as Unusually Damaged.

All other components shall be repaired IAW the firm fixed prices established at award.

3.8.1 Unusual Damage Report Requirements

When a component is processed for Unusual Damage Evaluation, the Contractor shall, within thirty (30) calendar days of receipt of the component, submit an inspection condition report, photographs if requested, and price proposal for the additional work. The price proposal shall contain the purchase order number, line item number, NSN, P/N, S/N, nomenclature and pricing for all materials and labor needed to return the component to RFI condition. The applicable hourly labor rate will be negotiated on a case-by-case basis. The

Contractor’s delivery obligation shall stop from the date of notification that a component has been determined to be a candidate for Unusual Damage evaluation. The delivery obligation will be specified in a purchase order modification and will apply only to those items specifically addressed by the modification. The

Contractor is obligated to deliver all other components not individually addressed by the modification under the original delivery date specified on the purchase order. The proposal shall not include the work involved in the teardown and inspection already performed, as this is covered by the firm fixed price specified in the Schedule. Within thirty (30) calendar days, the Contracting Officer will either initiate negotiations for a firm fixed price with the Contractor or deny authorization for the overhaul based on information in the report and any other information which may be available.

Upon mutual agreement as to price and delivery, purchase order modification will be issued to require the additional work at the agreed upon terms. If the additional work is not desired, the Contracting Officer shall provide the Contractor with disposition instructions for the un-repaired component. In the event an item is returned to the USCG in a disassembled condition, the Contractor shall be entitled only to compensation for the Scrap Fee.

3.8.2 Cannibalized Components

Firm fixed prices proposed in the Schedule for overhaul shall not include assemblies and components which have been cannibalized for repairable parts. These components shall be evaluated at the firm fixed price specified in the Schedule for Inspection/No Fault Found. In the event any of the components listed in the

Schedule are received in a condition that represents cannibalization, immediate notification to the Contracting

Officer is required. This notification shall include a detailed description of the noted deficiencies and shall reference the purchase order, line item number, NSN, P/N, and S/N, and is subject to the discretion of the

Contracting Officer.

3.8.3 Beyond Economical Overhaul

In the event an entire component is determined BER, the Contractor shall provide written notification to the

Contracting Officer. In this notification, the Contractor shall list the purchase order number, line item number, NSN, P/N, and S/N, with a brief description supporting the determination. The Contracting Officer shall provide disposition instructions via modification to the purchase order. The USCG will make all final

BER determinations. The Contractor shall be entitled to compensation for BER as specified in the order.

3.8.4 Inspection/No Fault Found

Components received which, when tested, indicate a “no fault found” situation shall be thoroughly inspected to ensure they meet current minimum functional performance and test specifications as designated by the applicable technical directives. S/N tracked items shall be documented on the Component Repair Record

(CRR) as required in paragraph 6.2. The contractor shall be reimbursed IAW the Firm-Fixed Priced for

Evaluation.

4.0 SWAP AUTHORITY

To minimize turn-around time, the Contractor may, at its discretion, exchange parts from end-items of components being repaired under individual purchase orders without the express authority of the Contracting

Officer. This authorization is limited to viable components only and cannot render any repairable component

BER.

5.0 PRODUCT QUALITY/AIRWORTHINESS

5.1 Ready for Issue

ALC considers components RFI upon acceptance. Components determined to be NRFI upon aircraft installation shall be returned to the Contractor under warranty with deficiencies described in a Product Quality Deficiency

Report.

5.2 Product Quality Deficiency Report

Repaired or modified components found to have deficiencies will be returned to the Contractor via a no-cost purchase order and accompanied by Standard Form “SF 368 Product Quality Deficiency Report” (PQDR). The

Contractor shall report findings of their investigation to the Contracting Officer within thirty (30) calendar days after receipt of the PQDR and component. If the parties agree that the component’s deficiencies are not related to previous work, the Contractor’s report of findings shall include a detailed proposal that includes a breakdown of parts and labor necessary to return the component to an RFI status.

The Contracting Officer will either initiate negotiations for the work or accept the Contractor’s proposal and issue a task order modification. The standard terms and conditions, specifically for delivery obligations, of the purchase order shall apply to items submitted via PQDR evaluation.

5.3 Airworthiness and Required Certification

Failure to comply with these requirements may result in refusal to accept and pay for services.

5.3.1 Airworthiness and Suitability

All aircraft parts ordered, serviced, modified, or repaired shall be traceable to the OEM and certified airworthy and suitable for installation on USCG aircraft.

a. Each returned component shall be tagged with a DD Form 1574 Serviceable Condition Code Tag or a

FAA Form 8130-3, Airworthiness Approval Tag (preferred), completed in its entirety. The Contractor shall provide documentation to verify that they have OEM and FAA approval or USCG approval to service the component.

b. If an Airworthiness Certificate cannot be provided, an alternate document submitted with the

Contractor’s proposal/quote and approved by USCG ALC Engineering shall be provided for each component. If the component is repaired IAW an AFTO, a USAF certificate is acceptable. The certificate must be signed and dated by an authorized official representing the approved Contractor.

c. Replacement part certification documentation must be maintained by the Contractor for inspection for a minimum of twenty four (24) months after delivery of component to USCG.

5.3.2 Certificate of Conformance

A Certificate of Conformance prepared IAW FAR 52.246-15 is required for each repaired component. The

COC format to be used is provided as Attachment 1. The COC shall be affixed to the outside of the shipping container. Failure to submit the appropriate certificate will delay acceptance of components and may delay invoice payment.

5.3.3 Quality Assurance

The Contractor shall be either a FAA Repair Facility or OEM Certified Repair Facility to perform overhaul services on the components listed in the Schedule.

5.3.4 Quality Assurance System The Prime Contractor and all potential Sub- contractors shall be in possession of an FAA or OEM certification in the applicable category for the items listed in the Schedule.

The Contractor shall maintain a Quality Assurance System, including test component calibration system requirements, and documentation of said requirements, sufficient to ensure that overhaul services conform to

T.O. or OEM specifications and requirements of this purchase order.

Variable Requirements: (Applicable to the Requirement when checked)

6.0 ASSET…