HSCG38-08-Q-010130 AMENDMENT A00002 JOINT SYN-SOL.doc

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; written quotations are being requested and a written solicitation will not be issued. This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-28. The North American Industry Classification System (NAICS) code is 541330. The small business size standard is 1,000 employees. This is an unrestricted procurement. This contract will be awarded as a Time and Material contract. The award will be based on FAR 6.302-1. The USCG intends to negotiate and award to the authorized Original Equipment Manufacturer (OEM), EADS North America, Inc. (8W891) or a responsible contractor who can provide services with OEM certification and approval. This service is for use on the HC-144A Medium Range Surveillance (MRS) Maritime Patrol Aircraft (MPA). All responsible sources may submit a capability statement and quotation that will be considered. Anticipated date of award is 29 February 2009.

(The below schedule pages are attached separately as an optional quote sheet for the hourly rates.)

BASIC CONTRACT PERIOD (Date of award for one calendar year)

Loaded Manhour Rate Madrid, Spain

Loaded Manhour Rate

OPTION PERIOD 1 (end of basic contract period to run one calendar year)

Madrid, Spain

OPTION PERIOD 2 (end of option period 1 to run one calendar year)

Madrid, Spain

STATEMENT OF OBJECTIVES

1.0 BACKGROUND

The U.S. Coast Guard will begin operating a fleet of CN-235-300 aircraft manufactured by CASA Seville, Spain. These aircraft are operated differently from those in general aviation; Coast Guard missions require frequent operation within salt-laden environments, and conditions, which accelerate the corrosive attack on the airframe structures and components of the CN-235-300 aircraft. Inspection of these aircraft in accordance with the Original Equipment Manufacturer’s (OEM) periodic requirements under the U.S. Coast Guard's specialized Aircraft Computerized Maintenance System (ACMS), historically reveals corrosion damage and operational wear and tear associated with aging aircraft, which is often outside the scope of OEM published repair limits and specifications. These services are necessary for the continued support the CN-235-300 aircraft structures and components assuring the missions and operational readiness of U.S. Coast Guard fleet of CN-235-300 aircraft.

2.0 SCOPE

This statement of objectives describes the engineering services necessary to support the airframe structures, systems, and components, as used on the U.S. Coast Guard CN-235-300 aircraft. These objectives describe engineering services above and beyond the scope and requirements for the EADS-CASA Field Service Representative located on site at the Aviation Logistics Center (ALC), Elizabeth City, NC. Engineering services will be requested by placing orders in accordance with the terms of this contract. These services may be performed at any EADS-CASA facility, plant, or any division of the parent company. These services may also be performed at Coast Guard units throughout the United States, Puerto Rico or any remote deployment sites throughout the world, which may be cause for flights on Coast Guard aircraft. For the purpose of this contract any labor performed by any Division of the parent company shall be deemed as performed by EADS-CASA.

3.0

OBJECTIVES

3.1 The Coast Guard’s objectives are to obtain engineering services and documentation necessary to support and maintain, in airworthy condition, the airframe structures, systems, and components, as used on the U.S. Coast Guard CN-235-300 aircraft. These services include but are not limited to the following objectives:

3.1.1 Enable the Coast Guard to efficiently operate the CN-235-300 aircraft, to resolve technical questions and problems associated with maintenance and repair of CN-235-300 structures, airframe systems, and components IAW appropriate OEM performance specifications.

3.1.2 Enable the Coast Guard to respond in a timely and appropriate manner to CN-235-300 aircraft flight safety issues, ground safety issues, catastrophic failures and to provide logistical support, which may include planning, salvage, and shipment of salvaged aircraft, structures, and components to appropriate repair facilities.

3.1.3 Enable the Coast Guard to provide CN-235-300 Field Units, ALC, and Contractor personnel with formal and on-the-job training, and to provide the most up to date procedures, repair limits, and tooling available, for inspection, maintenance, and return of CN-235-300 aircraft, systems, and components to serviceable and airworthy condition.

3.1.4 Enable the Coast Guard to optimize the utilization of repairable spare assets, airframe structures and components, through inspection, evaluation, and repair of those assets to serviceable and airworthy condition.

3.1.5 Enable the Coast Guard to conduct preliminary engineering investigations, to develop engineering change proposals for various CN-235-300 aircraft configuration changes and aircraft modifications.

3.1.6 Enable the Coast Guard to provide technical management and control in the administration of all types of technical efforts which includes engineering advice and assistance to Coast Guard approved repair facilities and product support personnel in conducting and evaluating specialized test data with regard to the CN-235-300 aircraft, structures and component.

3.1.7 Enable the Coast Guard to provide, administer, and document an active exchange of ideas and information on various product improvements and maintenance topics, between EADS-CASA personnel and Coast Guard technical personnel from ALC, Coast Guard Headquarters, and CN-235-300 Field Units in the form of CN-235-300 Technical Agenda and CN-235-300 Logistic Support Meetings. Meetings may include but are not limited to the following topics:

-Major Corrosion Inspection (MCI) Program.

-Supplemental Structural Inspection Program (SSIP).

-Coast Guard Maintenance Management Issues.

-Aircraft modifications.

-Aging Aircraft Maintenance and Corrosion Control Programs.

-Logistical requirements, issues for parts procurements, interchangeability and parts substitution.

-Obsolete and excess material, including inputs to material review boards.

These meetings may be required later and will be on an “ad hoc” basis via separate delivery orders.

4.0

TECHNICAL

4.1 The Contractor will respond to specific requests for engineering services normally within the scope of one or more of the Coast Guard’s objectives by providing a proposal that satisfies the following criteria as required:

4.1.1 Performance Work Statement (appropriately detailed), identifying what and how the Contractor intends to satisfy the request, including progress, activity, and final reports as required. Technical discussions and dialog with technical personnel may be initiated as appropriate.

4.1.2 Cost Proposal (sufficiently detailed) including labor categories and number of hours

4.1.3 Performance Measures and Metrics Plan, including monthly progress and activity reports (if required)

4.1.4 Identification of Key Personnel (if required)

4.1.5 Identification of Deliverables (as required)

4.1.5.1 Data Packages (if required)

4.1.5.2 Plans or proposals (if required)

4.1.5.3 Reports, certifications, and other documentation (as required)

4.2 The Coast Guard will evaluate and accept or reject the Contractor's proposals for specific task orders as follows:

4.2.1 Evaluation – Technical discussions and dialog with technical personnel may be initiated as appropriate.

4.2.1.1 Technical merit or applicability of the Performance Work Statement as a solution.

4.2.1.2 Cost/Price as fair and reasonable

4.2.1.3 Performance Measures and Metrics (if required)

4.2.1.4 Deliverables (as required)

4.2.3 Acceptance - Issuance of a delivery order by the Contracting Officer

4.2.4 Rejection - The request for services will be withdrawn or cancelled.

4.3 Travel: Necessity for travel will be determined by the Contracting Officer

4.3.1 The Contracting Officer may direct, the utilization U.S. Coast Guard aircraft for travel, as appropriate, to any location including remote deployment sites, where commercial air travel is not appropriate, available, or timely.

4.3.2 Commercial Air travel and all other transportation as authorized by the Coast Guard will be reimbursed in accordance with FAR 31.205-46, Travel Costs and subject to the terms set forth in Section 9.1 of the contract.

5.0 PACKAGING/MARKING:

The contractor shall comply with ASTM D 3951-98 Commercial Packaging, shipping and Storage Procedures (Re-Approved 2004). Packaging material shall not consist of popcorn, shredded paper, styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory.

6.0 INSPECTION & ACCEPTANCE:

Instructions for inspection and acceptance of services performed under Items 1, 1A, 9, 9A, 17, and 17A, of this contract shall be specified on individual orders.

7.0 DELIVERIES AND PERFORMANCE:

7.1 PERIOD OF PERFORMANCE

The term of this contract shall be from date of award for one calendar year, with (2) one-year renewable option periods not to exceed 3 years from award date.

7.2 PLACE OF PERFORMANCE

The places of performance for Items 1, 1A, 9, 9A, 17, and 17A under this contract shall be any of the EADS-CASA facilities in the US, Seville Spain or at any USCG unit in the United States and its possessions and at remote sites throughout the world.

7.3 DELIVERY SCHEDULES

7.3.1 Contractor’s technical and cost proposals are required within 5 calendar days after receipt of the Statement of Work via facsimile or email.

7.3.2 Delivery times for Items 1, 1A, 9, 9A, 17, and 17A will be stated on each individual delivery order. Progress Reports, items 2, 10 and 18, as required, the frequency and delivery schedule will be stated on each individual delivery order.

7.4 F.O.B. POINT

Reports and certificates of service and required material(s) shall be shipped FOB destination to the following address:

Contracting Officer MRS Division, BLDG 19

USCG Aviation Logistics Center Elizabeth City, NC 27909-5001

7.5 RESPONSE TIME FOR SUSTAINING ENGINEERING SERVICES THAT ARE REQUIRED IMMEDIATELY When sustaining engineering services are required immediately, the contractor shall have a team (consisting of 1 or more persons) in place within 48 hours after notification by the Contracting Officer, weekends and holidays excluded, and provide the Contracting Officer a not to exceed estimate for the cost and delivery schedule of these services. If the contractor is unable to meet this schedule, the Contracting Officer shall be contacted within 24 hours after notification to negotiate an alternative schedule. If the work site is located outside the 48 contiguous United States, the arrival times of the team shall be negotiated with the Contracting Office.

8.0 CONTRACT ADMINISTRATION DATA:

8.1. ADDRESS OF CORRESPONDENCE

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

Contracting Officer

CN-235-300 CASA Division, BLDG 19

USCG Aviation Logistics Center (ALC)

Elizabeth City, NC 27909-5001

8.2. INVOICING INSTRUCTIONS

The original of the contractor’s invoice shall be submitted to the designated billing office for payment as follows:

Attn: Fiscal Branch

Bldg. 63

USCG Aviation Logistics Center

Elizabeth City, NC 27909-5001

MARK FOR: _Contract XXXXXXXX and reference Delivery Order Number

8.3. ORDERING OFFICE

The following activity is the only unit authorized to place delivery orders under this requirements contract:

Contracting Officer

CN-235-300 CASA Division, BLDG 19

USCG Aviation Logistics Center (ALC)

Elizabeth City, NC 27909-5001

8.4. REMITTANCE ADDRESS

If remittance address is different from that shown in Block 15A of page 1 (Standard Form 33), enter address below:

9.0 SPECIAL CONTRACT REQUIREMENTS:

9.1 TRAVEL

9.1.1 Necessity for travel will be determined by the Contracting Officer in conjunction with the COTR.

9.1.2 All travel, lodging, meals, car rental and incidental expenses incurred by the contractor shall be reimbursed based on actual costs in accordance with FAR 31.205-46, Travel Costs. Actual paid receipts shall support commercial transportation and other travel expenses.

9.2 WAGE DETERMINATION

Department of Wage Determination Nos. 2005-2009 (Rev 09) or current revisions applicable at time of award are applicable to this solicitation/contract and the appropriate wage determination relating to the contract location of contract awardee as a result of this solicitation is available at http://www.wdol.gov/sca.aspx#0 .

9.3 COAST GUARD REGULATIONS

In the event services will be performed on Government property, the Contractor and all his employees shall obey applicable Coast Guard Regulations, including fire prevention. It shall be the responsibility of the Contractor to familiarize all of his employees with the Coast Guard regulations such as speed limits, parking regulations, etc., in force during the contract term.

9.4 PLACEMENT OF DELIVERY ORDERS

Delivery orders for routine requirements will be placed with the Contractor utilizing the following procedures: A statement of work will be forwarded to the Contractor who must reply with a technical and cost proposal including incidental materials, and number of hours for each labor category to accomplish the task. The Contractor’s proposal shall include a delivery schedule, any other pertinent information and estimated travel and per diem costs. After evaluation of the technical/cost proposal by the Coast Guard, a decision will be made whether to negotiate and issue a delivery order. The Contractor is advised that the Coast Guard is under no obligation to procure any of the tasks identified under this contract.

When sustaining engineering services are required immediately, orders will be place with the Contractor utilizing the following procedures: After notification by CN-235-300 Engineering, the Contracting Officer shall notify the contractor via telephone to proceed. Verbal notification will be followed by a written confirmation order, which will include a ceiling price that the Contractor exceeds at his own risk. In accordance with the delivery schedule contained in Section 7.3, “Delivery Schedules,” the contractor shall provide a proposed completion date for the required work effort. This proposal may be submitted via facsimile (252-384-7309) or email to the Contracting Officer.

9.5 CEILING PRICE

The ceiling price for all time and material services, reimbursable travel and reimbursable materials to be performed under delivery orders will be established by the Contracting Officer in writing at the time of award of each delivery order. The Contractor shall notify the Contracting Officer when costs reach 85% of the ceiling price and provide information as to whether funding is sufficient to complete the tasking. If the Contractor does not believe the effort can be completed within the ceiling price, a revised estimated total cost shall be provided with this notification. The Contractor must obtain the Contracting Officer’s written approval prior to exceeding established ceiling prices. The Contractor shall not accept any delivery order(s) when the established ceiling for the proposed delivery order plus the aggregate cost of all previous delivery orders and other services under the contract exceeds the established contract ceiling price of $__________________. (To be determined at time of award.)

9.6 COMMENCEMENT OF WORK

The Contractor, upon receipt of each delivery order from the Contracting Office, shall assign qualified personnel to perform the services required. Such personnel as specified in labor categories shall be available in the various categories and to the extent set forth in each order at the specified times and places designated in each order. All work shall be performed utilizing those personnel qualified to perform the work and having the lowest rate of cost to the Government.

9.7 MATERIALS

Materials invoiced under this contract shall be limited to incidental materials used during the course of the delivery order. In the event parts are required for services under this contract, the contractor shall submit a proposal for the parts that include: nomenclature, part numbers, cost and quantity of the part(s), and any markups applied. If requested by the government, the contractor shall provide backup documentation to support the cost of the parts such as invoices or catalogs. Transportation charges over $100.00 for parts must be supported by a copy of the actual freight bill. Rental charges for material/ equipment used during performance of a task order issued under this contract must also be supported by a copy of the actual receipt.

Material furnished by the Contractor in the performance of services shall include but is not limited to the monthly and/or final progress reports on each delivery order.

Monthly and/or final progress reports shall be delivered to the Contracting Officer on the 15th day of each month for each delivery order during the life of the contract.

Time and place of delivery for materials or performance of services under this contract shall be designated in each delivery order issued against this contract.

9.8 COMPUTER TIME

Any work requested by the Coast Guard that requires EADS-CASA computer time shall be included in the proposal for that work.

9.9 RIGHTS IN DATA

It is anticipated that performance of this contract will require some developmental work. Data first produced in the performance of this contract shall be subject to unlimited rights as defined in the Rights in Data-General, FAR 52.227-14 Clause, Rights in Data – General, of this contract. Such data produced in support of Coast Guard requirements shall be prepared submitted in accordance with EADS-CASA Standard which meets current type certificated approval. The EADS-CASA Standard is in agreement with the U.S. Federal Aviation Administration (FAA), Spanish Ministry of Defense National Institute for Aerospace Technology (INTA) and Spanish General Directorate of Civil Aviation (DGAC). Engineering drawings and associated lists shall be acquired as Repair and Modification drawings. In the event, the USCG requires EADS-CASA’s Production Drawings, these drawings will be acquired for use in accordance with parameters contained in the delivery order as agreed to by the USCG and EADS-CASA. These production drawings shall not be subject to the Rights in Data General, FAR 52.227-14.

9.10 ADDITIONAL LABOR CLASSIFICATION RATES:

In the event a labor classification not included in the contract is required to accomplish the statement of work task, the contractor shall propose the new labor classification and hourly rate. If the rate is determined to be “Fair and Reasonable” the contract will be modified to include the new labor classification.

The following Federal Acquisition Regulations (FAR) and Homeland Security Acquisition Regulation (HSAR), Provisions and Clauses apply:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) - This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): http://arnet.gov/far/ FAR 52.212-1 Instructions To Offerors Commercial Items

JUN 2008

Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on Company letterhead stationery. As a minimum, offers must show:

(1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A capability statement in sufficient detail to evaluate compliance with the Statement of Objectives in the solicitation. This may include product literature, or other documents, as necessary; (5) Terms of any express warranty; (6) Labor classification hourly price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) A complete copy of the Certification Regarding Responsibility Matters as per FAR 52.209-5; (9) A completed copy of the Representations and Certifications as per at FAR 52.212-3; (10) Acknowledgment of Solicitation Amendments; (11) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (include contract numbers, points of contact with telephone numbers and other relevant information); and (12) Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

FAR 52.212-2 Evaluation Commercial Items

JAN 1999

Award will be made utilizing the following factors, in descending order of importance, Technical Capability of the vendor to meet the Government’s requirement, hourly labor classification price and past performance.

FAR 52.212-3 Offeror Representations and Certifications - Commercial Items

JUN 2008

Alternate I

APR 2002

These Certifications must be included with the quotation. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

FAR 52.212-4 Contract Terms and Conditions Commercial Items

OCT 2008

Alternate I

OCT 2008

ADDENDUM

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.203-3 Gratuities

APR 1984

52.204-4 Printed or Copied Double-sided on Recycled Paper

AUG 2000

52.209-5 Certification Regarding Responsibility Matters (Provision) DEC 2008 52.209-6 Protecting the Government’s Interest When Subcontracting

SEP 2006

with Contractors Debarred, Suspended, or Proposed for

Debarment 52.211-15

Defense Priority and Allocation Requirements

APR 2008

52.216-18 Ordering

OCT 1995

Para (a) Base Period: Date of contract award for one calendar year.

Option period(s): Effective date of option exercise for one calendar year.

52.216-19 Order Limitations

(a) 40 hours

(b) (1) 2080 hours

(b) (2) 2080 hours

(b) (3) 15 days

(d) 20 days: In the event an emergency arises in which time is a critical factor, the amount of time specified in paragraph (d) above shall be 24 hours after receipt of an order. Accordingly, an order considered to be an emergency shall be identified on the face of the order.

52.216-21 Requirements

(f) After the performance period specified in any delivery order for two months following the expiration date of the base period or any exercised option periods.

52.216-31 Time and Material/Labor-Hour Proposal Requirements-

FEB 2007

Commercial Item Acquisition 52.217-5 Evaluation of Options (Provision) JUL 1990 52.217-9 Option to Extend the Term of the Contract

MAR 2000

(a) – 30 calendar days within contract expiration; 60 days

(b) – three (3) years 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

(a) Definition. As used in this clause—

“United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to—

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that—

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall—

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause)

52.222-42 Statement of Equivalent Rates for Federal Hires

MAY 1989

In compliance with the Service Contract Act of 1965, as amended, 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 activity subject to the provisions of 5 U.S.C. 5341 or 5332.

STATEMENT IS FOR INFORMATION ONLY. IT IS NOT A WAGE DETERMINATION.

Employee Class

Monetary Wage

Technical Representative, GS-11-1 $26.11

Field Representative, GS-11-1 $26.11

Spares Coordinator, GS-11-1 $26.11

Senior Engineer, GS-11-1 $26.11

Structural Engineer, GS-11-1 $26.11

Engineer, GS-09-1 $21.58

Engineering Specialist, GS-09-1 $21.58

Technical Information Manager, GS-11-1 $26.11

Technical Writer, GS-09-1 $21.58

Technical Illustrator, GS-09-1 $21.58

Senior Draftsman, GS-09-1 $21.58

Draftsman, GS-07-1 $17.64

Senior Designer, GS-09-1 $21.58

Designer, GS-07-1 $17.64

Clerk/Typist, GS-4-1 $12.73

Airframe Structural Mechanic, WG-10-2 $20.72

Interior Installer, WG-09-2 $19.73

Avionics Specialist, WG-09-2 $19.73 FRINGE BENEFITS: Annual leave: Two hours per week for service of less than three years; three hours per week for service of three years but less than 15 years; and 4 hours per week for service of 15 years or more. Paid Holidays: ten annually. Government’s contribution to sick leave and to life, accident and health insurance: 5.1 percent of basic hourly rate. Government’s contribution to retirement pay: 7 percent of basic hourly rate.

(End of Clause) 52.225-13 Restrictions on Certain Foreign Purchases

JUN 2008

52.227-14 Rights in Data – General

DEC 2007

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts FEB 2007

52.242-13 Bankruptcy JUL 1995

52.246-25 Limitations of Liability – Services FEB 1997

52.247-34 F.O.B. Destination

NOV 1991

52.253-1 Computer Generated Forms JAN 1991 (End of Clause)

HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSES

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES JUN 2006

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting 'more than 50 percent’ for 'at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of Section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held-

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs

(1), (4), and (5) of section 7701 (a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395 (b)(1).

(2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special Rule ForRelated Partnerships. For purposes of applying Section 835(b) of the Homeland Security Act, 6 U.S.C. 395 (b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

___it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 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; or

___it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; but it plans to submit a request for waiver pursuant to 3009.104-74.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision)

3052.242-72 Contracting Officer’s Technical Representative

DEC 2003

3052.247-72 F.O.B. Destination Only

DEC 2003

(End of 52.212-4 Clause) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Dec 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

[Contracting Officer shall check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) Pub. L. 110-252, Title VI, Chapter1 (41 U.S.C. 251 note)).

___ (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

___ (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (5) [Reserved]

___ (6) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (7) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

___ (9) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (10) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (11) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)).

___ (12) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (13) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (16) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)).

_X_ (17) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (18) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

_X_ (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (20) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

_X_ (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793).

_X_ (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

_X_ (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

_X_ (25) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

___ (ii) Alternate I (Aug 2007) of 52.222-50.

___ (26) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

___ (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (28) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (29) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).

___ (30) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

_X_ (31) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (32) 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).

___ (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (36) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (37) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332).

___ (38) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (39) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (40) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (41) (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.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for…