HSCG23-17-Q-N50230.pdf
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- Notice of Intent to Award a Sole Source Contract for the repair of C-27J Aircraft Components.
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- HSCG23-17-Q-N50230
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
7135-NV02
HSCG23-17-Q-N50230
Domingo Cruz Jr. 252 475 3732
NET 30 DO-N5
USCG Aviation Logistic Center Receiving Section Bldg 63 Elizabeth City, NC 27909-5001
SEE BLOCK 9
Chief, Fiscal Branch
USCG, ALC
Elizabeth City, NC 27909 Payment Status (252) 335-6043 E-Mail:ALC-Fiscal@uscg.mil
1 PRESSURIZATION C.P. P/N: 727-0313/02MOD01 1 EA
NSN: 1680-15-198-0877
2 CARGO DIMMER UNIT P/N: 727-0327/03MOD01 2 EA
NSN: 1680-15-198-0884
3 PANEL,ILLUMINATED P/N: 723-4677/02MOD01 1 EA
NSN: 1680-15-200-8046
336413
See Block 31c 05/22/2017
06/05/2017
Z50100
USCG HEADQUARTERS (CG-912)
2703 MARTIN LUTHER KING JR AVE SE
Washington, DC 20593-0001 z50100
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
4 FLT STA DIMMER UNIT P/N:727-0326-/03MOD02 1 EA
NSN: 1680-15-198-0910
Requesting NE Condition code, factory new and full Traceability to OEM.
HSCG23-17-Q-N50230
AIRCRAFT COMPONENT REPAIR/OVERHAUL ADDENDA
A. BACKGROUND:
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 DOMINGO.CRUZ2@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 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 DOMESTICATE
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 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 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:
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, the 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 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 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 from the Contracting Officer.
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 no 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. 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:
CLAUSES INCORPORATED BY REFERENCE
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 52.252-2 Clauses Incorporated by Reference FEB 1998
FAR 52.211-17 Delivery of Excess Quantities SEP 1989 FAR 52.247-29 F.O.B. Origin FEB 2006 FAR 52.225-8 Duty Free Entry OCT 2010 FAR 52.227-14 Rights in Data – General MAY 2014 FAR 52.232-40 Providing Accelerated Payments to DEC 2013 Small Business Subcontractors FAR 52.204-13 System for Award Maintenance (SAM) JUL 2013 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.212-4 Contract Terms and Conditions – Commercial MAY 2015 Items FAR 52.242-15 Stop-Work Order AUG 1989 FAR 52.246-2 Inspection of Supplies Fixed-Price AUG 1996 FAR 52.246-16 Responsibility of Supplies APR 1984 FAR 52.212-1 Instruction to Offerors – Commercial Items OCT 2015 FAR 52.212-3 Offeror Representations and Certifications – JUL 2016 Commerical Items
CLAUSES INCORORATED BY FULL TEXT
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --
Commercial Items (Mar 2016)
a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(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:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(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 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of
Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)
(Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT
2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business 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 2014) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Oct 2015) 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 (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).
__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.
13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
__ (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 (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). (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)(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.
__ (37)(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.
__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (39)(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.
(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
_X_ (42)(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.
_X_ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (44) 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).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul
2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul
2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_X_ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May
2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.
1792).
__ (10) 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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi)
__(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).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 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.
(xviii) 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.
FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)
(a) When authorized in writing by the Cognizant 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. Shipments 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: _________________________________________
(Applicable to orders when an FAA 8130 Certificate or other certification approved ALC Engineering is not provided)
NOTE: The Certificate of Conformance must comply exactly with the language in FAR 52.246-15.
Discrepancies in wording or failure to submit the certificate will result in delays of acceptance of material and payment of invoices. 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.
HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES
(JUN 2006)
(f) Disclosure. The offeror under this solicitation represents that [Check one]:
______ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7004, which has not been denied; or
______ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or
X
______ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
H. 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.
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.
HSAR 3052.209-70 Prohibition on Contracting with Inverted Domestic Corporations
_X_it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73;
_it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104–70 through 3009.104–73, but it has submitted a request for waiver pursuant to 3009.104–74, which has not been denied;
I. ENVIORNMENTAL REQUIRMENTS: 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).
J. CERTIFICATION AND DOCUMENTATION REQUIREMENTS:
Services shall be performed only by a Federal Aviation Administration (FAA) or Original Equipment Manufacturer (OEM) approved or U.S. Coast Guard (USCG) approved repair station in accordance with the OEM repair specifications or alternate standard approved by the Engineering Division, USCG Aviation Logistics Center.
The Contractor shall:
Comply with the certification/documentation requirements specified herein.
Attach certifications/documentation to the outside of the shipping container.
Failure to comply with these requirements may result in refusal to accept and/or pay for services.
a. FAA 8130 Certificate is preferred.
b. The repair station shall provide documentation to verify that they have OEM and FAA approval or USCG approval to service the component.
c. An airworthiness certificate or alternate approved by USCG ALC Engineering shall be provided for each component. The certificate must be signed and dated by an authorized official representing the approved repair station.
OR
d. A certificate of conformance in accordance with Federal Acquisition Regulation 52.246-15 shall be provided for each component.
e. A copy of the repair station work order listing all replacement parts, in part number order shall be provided for each component.
f. Replacement part certification documentation must be maintained by the repair station for inspection for a minimum of 24 months after delivery.
K. 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.
2. 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.
3. Packaging material shall NOT consist of the following material; popcorn, shredded paper, Styrofoam of any type or peanut packaging.
4. 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. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year.
* This requirement is not applicable if none assigned.
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