ELT SOW 090106.doc

SOLICITATION: HSCG38-09-Q-200023

ADDENDUM TO FAR CLAUSE 52.212-4,

CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2008)

STATEMENT OF WORK (SOW)

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SOLICITATION: HSCG38-09-Q-200023

ADDENDUM TO FAR CLAUSE 52.212-4,

CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2008)

STATEMENT OF WORK (SOW)

1.0 SCOPE. A requirement exists for the procurement of an Emergency Locator Transmitter (ELT) and ELT sub assemblies. Engineering support services and product improvement efforts will also be performed under this contract.

2.0

DEFINITIONS

2.1 Commercial Catalog Price This price is derived from the most recent Contractor commercial catalog price.

2.2 OEM. Original Equipment Manufacture.

2.3 Ready-For-Issue (RFI)

The classification RFI indicates a part that is airworthy and ready for installation in a Coast Guard aircraft.

2.4 SERVICE LETTERS. See SERVICE BULLETINS, 2.5 2.5 SERVICE BULLETINS. Service instructions published by the type certificate holder (normally the original equipment manufacturer). Two classes of service bulletin are recognized: Mandatory and Optional. “Mandatory” service bulletins are published by the type certificate holder to provide technical instructions for maintenance actions, inspections and modifications that could affect safety. “Optional” service bulletins are published by the type certificate holder to provide technical instructions for maintenance actions, modifications and improvements that are not considered mandatory. “Recommended” service bulletins are considered “Mandatory” for this contract. Instructions that are published by the certificate holder in other approved formats, such as “service letters” are handled in the same manner as service bulletins.

2.6 LRU. Line Replaceable Unit.

3.0

APPLICABLE DOCUMENTS & SPECIFICATIONS

3.1 Government Documents.

3.1.1 USCG Technical Orders (T.O.s) that support components set forth in the Schedule.

3.1.2 FAA Advisory Circular AC 43-4A Dated 7/25/91, Corrosion Control for Aircraft

3.1.3 Refer to 52.212-1 for instructions on obtaining Government Documents

3.1.4 U.S. Coast Guard Emergency locator Transmitter (ELT) Performance Specification dtd 10 December 2008

3.2 Industry Documents.

3.2.1 Original Equipment Manufacturer (OEM) Component Maintenance Manuals (CMM) and other applicable technical specifications applicable to the repair/modification of the components set forth in the Schedule. (Publications listed in attachment (1))

3.2.2 Industry documents are not available from the US Coast Guard

3.3 Order of Precedence. In the event of conflicts between OEM specifications and procedures and USCG specifications and procedures, the order of precedence is as follows:

USCG specifications and procedures.

OEM specifications and procedures.

3.4 ELT System Product Description. The contractor shall provide a description of the ELT system and subcomponents offered to meet the performance specification, item 3.1.4.

3.5 Interface Control Document. The contractor shall provide Interface Control Documents (ICDs) that will include drawings that clearly show ELT system, cable assemblies and interconnects, and installation components. The ICD shall include tables that clearly describe in full detail all cable signal functions and descriptions and connector information that will aid the Government in troubleshooting the ELT system. The ICD will describe all software interface requirements for the ELT system.

4.0

REQUIREMENTS

4.1 General.

4.1.1 The contractor shall provide all parts, material, labor, tooling, test equipment and facilities needed to produce ELT components at the firm-fixed prices specified. The part number listed in the schedule are considered to be the “head of family”. The terms of this contract apply to subsequent part number changes for the same part. If the material and labor required to produce the part are significantly different from the head of family, modifications may be issued for the new part numbers.

4.1.2 Certification. The contractor shall maintain Federal Aviation Administration (FAA) or Department of Defense (DOD) certification for manufacture of components identified in the Schedule for the entire duration of this contract. The contractor shall provide immediate notification to the Contracting Officer upon loss of required FAA or DOD certification.

4.1.3 Changes to OEM Procedures. The Government reserves the right to review and modify all production inspection and test procedures to make them more suitable to the USCG environment. The contractor shall provide written notification to the Contracting Officer no later than fifteen (15) working days following changes to applicable OEM specifications and procedures. In the event the USCG wishes to incorporate any such change into the contract, a written contract modification will be issued.

4.2 ELT System Components. The contractor will provide new production ELT system components as listed in the schedule. Quantity price breaks are encouraged.

4.3 – 4.5 Reserved 4.6 Replacement Parts 4.6.1 Discounted Price List. The discounted price list shall be derived from the manufacturer’s most current commercial catalogue minus the best discount offered to any commercial or government customer. The discounted parts list will include replacement batteries.

4.6.2 Procure Replacement Parts. The Coast Guard may purchase parts from the discounted price list to support Coast Guard ELT.

4.7 Reserved

4.8 Documentation 4.8.1 Certificates. The Contractor shall furnish a Certificate of Airworthiness in accordance with FAA procedures (or CG approved alternate procedure) and a Certificate of Conformance in accordance with FAR Clause 52.246-15 for all components. Each component returned after a warranty repair shall be tagged with a DD Form 1574 Serviceable Condition Code Tag, completed in its entirety. These forms shall be packaged with each component and copies shall be included with the invoice. FAILURE TO SUBMIT THE APPROPRIATE CERTIFICATES SHALL CONSTITUTE AN IMPROPER INVOICE AND WILL RESULT IN NONPAYMENT.

4.8.2 Reports.

4.8.2.1 Reserved 4.8.2.2 Material Inspection and Receiving Report (DD-250). A copy of the completed Material Inspection and Receiving Report, which shows the following information, shall be attached to each new and repaired LRU:

Nomenclature

Serial Number

Contractors Part Number

National Stock Number

Contract Number

Delivery Order/Item Number

Contractor’s Name and Address

4.8.3 Government Property. The Contractor shall provide Government Property Reports in accordance with Homeland Security Acquisition Regulation (HSAR) Clause 3052.245-70.

4.9 Reserved 4.10 Reserved

4.11 PRODUCT IMPROVEMENTS/ENGINEERING CHANGES. The contractor may develop designs and/or processes that will improve the reliability, maintainability, or operational performance of ELT components. These may be provided to the Contracting Officer for consideration and approval. A proposal shall also be provided that reflects an incremental charge to be assessed each time the PIP/ECP is incorporated into the component. The proposal shall include a breakdown of labor hours, material, and other costs. The labor rate will be as specified in the Schedule. Upon agreement of the price for incorporation of the change, the Contracting Officer will issue a modification to the contract to authorize and incorporate pricing for the change. The contractor shall not incorporate proposed product improvements or engineering changes prior to receipt of written authorization from the Contracting Officer.

4.12 SERVICE BULLETINS. The Contractor shall advise the Contracting Officer within 10 calendar days of receipt of service bulletins (or other instructions) that may affect Coast Guard components. The Contracting Officer will notify the contractor in writing when incorporation of mandatory or optional service bulletins is required. Within 30 calendar days following receipt of notification from the Contracting Officer, the contractor shall submit a detailed proposal for incorporation of service bulletin(s). This proposal shall include a listing of replacement parts and/or materials required, the time needed to effect the modification, an estimated price breakdown of each part and the number of labor hours required. The USCG will normally incorporate all mandatory service bulletins. The labor rate will be as specified in the Schedule.

4.13

TECHNICAL PERFORMANCE ACCESS AND DISCLOSURE

4.13.1 Technical Performance General. Information provided under this section will not be disclosed outside of the government without prior written authorization from the party that provided the data. Contractor personnel working for the Government will be considered part of the Government workforce and provided access to data under nondisclosure agreements. Technical performance disclosure shall be provided until the ELTs are retired from service. The Government will ensure that nondisclosure agreements are signed prior to providing data under this contract.

4.13.2 Notification. The Contractor shall immediately notify the COTR upon identification of any quality issue, failure, or situation that could possibly affect the reliability of the ELT system. Any significant reported quality issue or failure on the same or similar product reported by any operator will be disclosed to the USCG within 24 hours of notification.

4.13.3 Access. USCG personnel shall be provided access to relevant ELT technical performance information developed by original equipment manufacturers (OEMs). Technical performance information includes information pertaining to flight safety, equipment reliability and delivery performance. Inquiries by USCG technical personnel shall be answered as soon as possible and in no case later than 24 hours after requested for flight safety issues. Access will be provided to review manufacturer quality assurance and engineering documentation as required to support USCG flight safety investigations.

4.13.5 Technical Data. The Coast Guard shall maintain the ELT in accordance with contractor instructions as approved by Coast Guard Engineering. The Contractor shall provide technical publications, publication updates, amendments and related information. The following publications are required at a minimum: operating instructions, maintenance manuals, spare part and tool catalogs, and trouble-shooting guides, and services bulletins. Graphics shall be formatted to facilitate translation into Coast Guard standard publications. The preferred type is Computer Graphics Metafile (CGM) scalable vector graphics. PDF format is acceptable.

Publications may be reproduced and distributed within the USCG only. Publication reproduction and distribution may be performed by government employees and government contract employees. The USCG will not delete or in any way obliterate any copyrights, confidential or proprietary designators or labels as may be contained in or on such material. Contractor-provided publications will be provided to other USCG suppliers as required to maintain USCG equipment. Those suppliers reviewing such publications shall be prohibited from copying or further distributing such publications.

4.14 TECHNICAL SUPPORT SERVICES. Upon receipt of a request for quote for a specific task, the contractor shall prepare and submit a proposal to the Contracting Officer. This proposal shall include a breakdown of hours, materials and other costs associated with performance of the task. Specific deliverables will be identified on individual delivery orders.

4.14.1 Technical Support. The contractor will maintain a permanent presence in the United States, staffed with qualified, English speaking technical support personnel. The Contractor shall provide answers to basic questions from Coast Guard engineering at no additional cost to the Government. In the event that the contractor requires payment for a requested task, the contractor shall immediately notify the Contracting Officer and provide a preliminary estimate of the time and costs required for completion.

4.14.2 Integration Support. The supplier shall provide technical support for the Coast Guard integration effort. The Contractor shall provide answers to basic integration questions from Coast Guard engineering at no additional cost to the Government. In the event that the contractor requires payment for a requested task, the contractor shall immediately notify the Contracting Officer and provide a preliminary estimate of the time and costs required for completion.

4.15 Serialization. Serial numbers shall be assigned and permanently attached in accordance with FAA/DOD approved procedures.

5.0

QUALITY ASSURANCE PROVISIONS.

5.1 Responsibility for Inspections and Tests. The Contractor shall establish an inspection system in accordance with Federal Aviation Administration and/or Department of Defense procedures for all components. The USCG reserves the right to review the Contractor operation and/or facilities at any time during the period of the contract.

5.2 Reserved 5.3 Testing. The contractor shall ensure each new production ELT component described in the product description (paragraph 3.4) will undergo full acceptance testing. The acceptance testing required for repair components must include verification of repair of the fault for which it was returned and other testing as required to verify ready for issue status. Acceptance testing shall be conducted in accordance with (IAW) the Government approved Acceptance Test Procedure (ATP). The contractor shall submit its ATP to the Government for approval. The contractor shall make available to the Government all acceptance test results and, as applicable, discrepancy reports with corrective actions taken for each ELT. The ATP may be incorporated into the manufacturer’s publications.

5.4 Preliminary Inspection. All parts repaired or modified under the provisions of this contract must be airworthy and suitable for installation on USCG aircraft.

5.5 Final Inspection and Acceptance. Final inspection and acceptance of material under this contract shall be performed at destination by local Receiving personnel and will consist of count, condition and verification that all required documentation has been provided. ALC considers components RFI upon acceptance. Components determined to be non-RFI upon installation may be returned to the Contractor with a Quality Deficiency Report for repair at no additional cost to the USCG.

5.6 Configuration Management Program. The contractor shall have an established Configuration Management Program with control systems in place for the complete ELT system including configuration identification of each hardware and software configuration item for the contract life. Changes to software/hardware that effect Form, Fit or Function will not be made without approval from the Contracting Officer.

6.0

SPECIAL INSTRUCTIONS.

6.1 Aircraft on Ground (AOG) Situations. Upon notification from the USCG that an AOG situation exists, the Contractor shall make every effort to expedite the repair/modification and initiate shipment within seven (7) calendar days or less. Material shall be shipped by the fastest traceable means, e.g. Air Freight "next day delivery". The shipping container shall be marked on the outside in highly visible lettering "A.O.G." At the time the Contractor is notified of an AOG requirement, the Contractor shall advise the Contracting Officer if there are additional shipping charges. The Contracting Officer will provide special shipping instructions and authorization for reimbursement in these instances.

6.2

RESERVED

6.3 AIRCRAFT ACCIDENTS AND INCIDENTS. Disposition of evidence, including ELT components, involved in aircraft accidents or incidents shall be in accordance with current USCG investigation procedures. These procedures are in accordance with and at the direction of the National Transportation Safety Board whose rules and regulations delegate to the USCG such authority as is appropriate. Contractor participation in these proceedings will be determined by the president of each accident or incident board and directed by the Contracting Officer. Investigations of ELT failures undertaken outside of formal proceedings will be a cooperative effort between Contractor and the Coast Guard.

6.4

RESERVED

6.5 Warranty. The government may accept the contractor’s standard commercial warranty. All assets returned under warranty shall be tested in accordance with the Government approved acceptance tests used for acceptance. The warranty period will commence upon installation or twelve months after delivery which ever comes first.

7.0

RESERVED

8.0 PERIOD OF PERFORMANCE. The period of contract performance includes a one-year base period and, if exercised, four additional one-year option periods.

9.0 PLACE OF PERFORMANCE. The Government will ship components, freight prepaid, to the contractor's facility within the United States (except Alaska and Hawaii) to the location specified below:

(City, County, State, Zip Code) In the event that the Contractor's facility is located outside the contiguous states, the District of Columbia or Canada, the f.o.b. point for Government delivery of Government-furnished property shall be a location in the United States (excluding Alaska and Hawaii) specified by the Contractor below:

(City, County, State, Zip Code) 10.0 F.O.B. POINT. The f.o.b. point for shipments under this contract is f.o.b. destination. Prices in the Schedule include all applicable customs, duties, taxes, and shipping charges.

11.0 DELIVERY SCHEDULE. NOTE: Early deliveries are desired and acceptable.

11.1

GOVERNMENT DESIRED DELIVERY.

Line item 0001: No later than 60 calendar days after receipt of delivery order.

Line items 0002 and respective option line items: No later than 90 calendar days after receipt of delivery order.

Line items 0003 - 0005 and respective option line items: to be determined on individual delivery orders as required utilizing the labor rate shown in the applicable line item.

Line item 0006 and respective option line items:

- Attach one copy to the original invoice.

- Place one copy inside of the shipping container with the component.

12.0

SHIPPING INSTRUCTIONS.

12.1

CONTRACTOR SHIPMENTS.

USCG Aviation Logistics Center

Receiving Section, Building 63

Elizabeth City, NC 27909-5001

Mark For: Contract No. TO BE DETERMINED AT TIME OF AWARD

Delivery Order No.

(to be assigned at time of issuance)

12.2 Unless otherwise specified in individual delivery orders, reports and other documentation listed in the SOW shall be provided to the Contracting Officer (one copy) and shall be shipped to the address shown in paragraph 13.0.

12.3 COAST GUARD SHIPMENTS. Reparable items will be shipped from the USCG to the following Contractor-designated depot facilities (or other Contractor designated depot facilities if applicable):

TO BE DETERMINED AT TIME OF AWARD

13.0 ADDRESS OF CORRESPONDENCE. All correspondence, except as otherwise specified, shall be directed to the following address:

TO BE DETERMINED AT TIME OF AWARD

14.0 INVOICING INSTRUCTIONS. Unless otherwise specified in the Schedule or on individual delivery orders issued hereunder, the original and three (3) copies of the Contractor's invoice and a copy of the DD Form 250 or equivalent shall be submitted to the designated billing office for payment as follows:

USCG Aviation Logistics Center

Chief, Fiscal Branch

Bldg. 63

Elizabeth City, NC 27909-5001

All invoices shall be submitted in accordance with FAR 52.212-4(g).

15.0 REMITTANCE ADDRESS. Send electronic funds transfer to:

16.0 ORDERING OFFICE. The following activity is the only unit authorized to place delivery orders under this contract:

Contracting Officer

USCG Aviation Logistics Center

Elizabeth City, NC 27909-5001 17.0

PACKAGING / SHIPPING INFORMATION.

17.1

RESERVED

17.2 PACKAGING AND PRESERVATION. All components and parts covered under this contract shall be stored and shipped in Contractor-provided shipping containers. Any damage sustained during shipment/handling/storage of the components due to Contractor's improper maintenance/packaging and preservation of the container, shall be the responsibility of the Contractor.

17.2.1 Articles shall be packed and shipped per MIL-STD-2073-1 or ASTM equivalent, in a manner that will accommodate shipping environments normally encountered within the commercial distribution system and ensure safe transportation to the point of delivery. Each LRU shall have its own shipping container.. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut packaging.

18.0 MARKING INSTRUCTIONS. All shipping containers/packages shall be marked for delivery in accordance with the contract or delivery order. All parts and assemblies, which require special care during packing, handling or shipping shall be identified and marked appropriately. A copy of the packing slip shall be affixed to the exterior of the package or shipping container and shall contain the following information:

Nomenclature

Serial Number

Contractors Part Number

National Stock Number

Contract Number

Delivery Order/Item Number

Contractor’s Name and Address

Assembly date for new components

19.0

RESERVED

20.0

GUARANTEED MINIMUM/MAXIMUM REQUIREMENTS.

NOTE: This is an indefinite-delivery-quantity contract.

The guaranteed minimum dollar value of supplies and services to be order under this contract will be determined at the time of award.

The maximum dollar value of supplies and services to be order over the life of this contract will be determined at the time of award.

Reference Clause 52.216-22 entitled, “Indefinite Quantity”.

21.

Reserved 22.

OEM TECHNICAL PUBLICATIONS. The Original Equipment Manufacturer manuals, as supplemented by Coast Guard technical instructions, shall govern all work on Coast Guard ELT components. The contractor will list the ELT manuals and instructions.

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