SOW HSCG38-09-R-200004.pdf

HSCG38-09-R-200004

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK.

C-1. SCOPE. This requirement defines tasks to be accomplished to assure that the OAD Sensor Transducer and Air Data Computer utilized on the Coast Guard fleet of HH65 Dauphin Helicopters are maintained in a Ready For Issue (RFI) condition. Work under the contract will be performed at the contractor's facilities. The contractor shall provide all labor, parts, materials, tooling, test equipment, technical manuals and facilities to repair and test the components listed in Section B. The contractor shall also provide technical support services and support product improvement efforts.

C-2. CERTIFICATIONS/REVIEWS.

C-2.1 Certifications. The contractor shall be OEM certified. They must also possess or have access to the most current required maintenance, repair manuals and performance/test/acceptance criteria and data to ensure that the OAD Sensor Transducers and Air Data Computers are repaired, calibrated and operating in accordance with the OEM’s current specifications and procedures.

C-2.2 Procedures review. The Coast Guard reserves the right to review and modify all inspection, repair and test procedures to make them more suitable to the Coast Guard environment. The Coast Guard shall be advised within fifteen (15) working days of any changes to manufacturer’s repair procedures. In the event the Coast Guard wishes to incorporate any such change(s) into the contract, a contract modification will be issued in accordance with Federal Acquisition Regulation (FAR) Clause 52.243-1 Changes - Fixed Price.

C-3. MAJOR TASKS.

C-3.1. Fault Repair. Non-Ready For Issue (Non-RFI) components shall be repaired to RFI condition.

Reference paragraph C-6.1.

C-3.2. Technical Support Services. On an as-required basis, the contractor shall provide technical support services to resolve technical, maintenance, reliability, and other product support issues. Reference paragraph C-6.11.

C-3.3. Product Improvements/Engineering Change Proposals. Future Product Improvement Program/Engineering Change Proposals (PIPs/ECPs) will be incorporated on a case-by-case basis via contract modification. Reference paragraph C-6.12.

C-4. MAJOR DOCUMENT DELIVERABLES.

C-4.1. Failure Data Report. Documentation supporting work completed shall include, as a minimum, Part Number (P/N), National Stock Number (NSN), and nomenclature of item(s) repaired, replaced, and identification of the fault corrected. Normally the contractor's work order will meet this requirement. The Failure Data Report shall be attached to and mailed with the invoice.

C-4.2. Documentation for ACMS. Documentation required for the Aviation Computerized Maintenance System (ACMS) tracked components shall be provided as indicated in paragraph C-7.1 and H-1.

C-5. APPLICABLE DOCUMENTS.

C-5.1. Military Documents.

C-5.1.1. MIL-I-45208A, Inspection System Requirements, dated 16 Dec 63 with Amend 1 dated 24 July 81.

C-5.1.2. MIL-STD-129M, Marking for Shipment and Storage, dated 15 June 1993.

C-5.1.3. MIL-STD-2073-2 Packaging Requirements dated 21 Jun 91.

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK. (Cont’d)

C-5. APPLICABLE DOCUMENTS. (Cont’d)

C-5.2. Industry Documents. All OEM specifications and drawings, which apply to HH65 OAD Sensor Transducer and Air Data Computer are proprietary to L-3/Titan (L-3 Services Inc.) and are not available from the Government.

C-6. REQUIREMENTS.

C-6.1. Fault Repair. Components provided to the contractor shall be repaired to meet the minimum Original Equipment Manufacturer (OEM) specifications as indicated in the OEM Component Maintenance Manual. Components shall be repaired for the specific fault for which they were returned. A DD Form 1577-2, Unserviceable (Reparable) Tag-Material or Department of Transportation, USCG, CG-1577-A (11- 90), Unsatisfactory Report Tag, will be attached to each NON-RFI item describing faults. The contractor shall perform an inspection and correct deficiencies found. This shall include replacement of missing or broken parts and the removal of any foreign matter or corrosion.

C-6.2. Nature of Failure. After visual inspection, the contractor shall determine the nature of the failure for each component using the appropriate test equipment. Initial emphasis shall be placed on the failure indicated on the DD Form 1577-2 or CG Form 1577-A. Every effort shall be made to duplicate that failure.

C-6.2.1. Failure not Duplicated. If the specific failure shown on the DD Form 1577-2 or the CG Form 1577-A cannot be duplicated, the contractor shall report that information on the appropriate ACMS form.

After visual inspection and testing, components with no defects (no fault found) and not requiring upgrade based on an Aviation Logistics Center (ALC)-approved modification shall be inspected in accordance with procedures established in the appropriate maintenance manual. The contractor’s qualified inspector shall sign the contractor’s work order indicating that no failures could be identified and that no upgrades were required. In these instances, the contractor shall be reimbursed the No Fault Found charge as specified in Section B and as described in Section C-6.3.

C-6.3. No Fault Found. If, after visual and function inspection, an item is found to meet manufacturer’s minimum performance specifications and requires no parts and labor other than that which is necessary to perform this testing, contractor will be allowed the firm-fixed price allowed for No Fault Found. A report, identical to the failure data report described in C-4.1, shall be prepared and included with the returned component, indicating the Coast Guard’s reported failure and the fact that no fault was found.

C-6.4. Corrosion. Coast Guard aircraft operate primarily in a saltwater environment and are subject to corrosion. Contractors are advised to expect corrosion on items to be serviced under this contract. During inspection and functional test, the presence of corrosion in an item or part thereof shall constitute reason for a more thorough disassembly and inspection. Should corrosion be found, disassembly shall be made only to the extent necessary to remove corrosion or replace the part or parts affected. Corroded parts will be replaced, except in those cases where removal of corrosion from a part will not impair efficiency or safe operation of the part.

C-6.5. Serviceable Parts. Each failure identified through visual inspection or testing shall be corrected.

This shall include replacement of missing or broken parts and the removal of any foreign matter or corrosion. Replacement parts and procedures used in the repair process shall be in accordance with the OEM’s specification. Parts of the reparable component which, through test and visual inspection, can be validated as serviceable shall be reused in the repair. Non-serviceable defective parts shall be replaced with parts meeting the manufacturer’s specifications and drawings. Replacement parts shall be new.

C-6. REQUIREMENTS. (Cont’d)

C-6.6. Airworthy Condition. The contractor shall return components furnished hereunder in an airworthy condition and in all respects suitable for installation in U.S Coast Guard (USCG) aircraft. Each returned component shall be tagged with a DD Form 1574 Serviceable Condition Code Tag. The Tag shall be completed in its entirety. The contractor shall furnish a Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation 52.246-15 for all components. The utilized form shall be packaged with each component and a copy shall be included with the invoice.

C-6.7. Inspection System. The contractor shall establish an inspection system in accordance with MIL-I- 45208a, Inspection System Requirement. After all repair actions have been completed, the contractor shall test and inspect each component in accordance with the procedures established in the appropriate maintenance manual. The contractor’s qualified inspector shall sign the Failure Data Report indicating that all the identified failures have been corrected and that the component meets the minimum OEM specifications. The contractor shall maintain a file of all completed Failure Data Reports for a period of one-year following contract expiration. Upon written request, the file shall be made available to ALC for review.

C-6.8. Unusual Damage Items. Repair prices do not include components, which have been cannibalized or severely damaged due to mishandling, water immersion, or crash damage. Components received which indicate obvious misuse, cannibalization or severe damage shall be inspected, and repair costs determined and authorization to proceed obtained from Contracting Officer prior to commencement of repair.

Additionally, the HH65 helicopter is used primarily around salt water at low altitude for search and rescue missions. Therefore, corrosion is to be anticipated and is considered "normal" for the aircraft. Corrosion does not constitute unusual damage. See paragraph H-2 for specific procedures.

C-6.9. Items deemed scrap. The contractor shall establish and maintain an effective system for identification, segregation and disposition of components determined to be scrapped. If a component is deemed scrap (beyond economical repair price greater than 65% of the replacement value) by the contractor, authorization from the Contracting Officer must be received before the item is scrapped either at contractor's facility or returned to ALC. When the Contracting Officer approves an item for scrap, the contractor may be allowed compensation for an amount up to but no exceeding the applicable No Fault Found price for the component in question.

C-6.10. Replacement Parts Listing. The contractor shall submit a listing of all replacement parts utilized in the repair procedure of each assembly/component. This listing shall be included as part of the Failure Data Report and shall be submitted with the contractor's invoice. The replacement parts listing must show assembly/component serial number, nomenclature, national stock number, part number, item number, and replacement parts used with their associated quantities.

C-6.11. Technical Support Services. The contractor shall provide technical support services as required by ALC Engineering. The contractor shall provide up to 10 man-hours per quarter to support the Coast Guard's continuous quality improvement program. In the event that a requested task cannot be completed within 10 man-hours per quarter, the contractor shall immediately notify the Contracting Officer that the task cannot be completed within the allotted time frame and provide a preliminary estimate of the time and costs required for completion. The Contracting Officer will transmit requirements for additional support services in writing as they are identified. Upon receipt of a request for quote for a specific task, the contractor shall prepare and submit to the Contracting Officer, a proposal of the hours and material associated with performance of the task. The Government will utilize the applicable labor rate specified in Section B to assist in the determination of the final price. Specific deliverables will be identified on individual delivery orders.

C-6. REQUIREMENTS. (Cont’d)

C-6.12. Product Improvements Proposal (PIP)/Engineering Change Proposal (ECP). The contractor will continually analyze the repair documentation for each component identified in Section B. At the contractor's expense, the contractor may develop designs and/or processes that will improve the reliability, maintainability, or operational performance of the components being repaired. A PIP/ECP showing the new design and/or process may be provided to the ALC Contracting Officer for approval. The PIP/ECP shall include a proposal for an incremental charge to be assessed each time the PIP/ECP is incorporated into the component. The proposal shall contain a breakdown of material estimates. The labor rate will be as specified in Section B. Upon agreement of the price for incorporation of the PIP/ECP, the Contracting Officer will issue a supplemental agreement reflecting the incorporation of the approved PIP/ECP. The contractor shall not incorporate approved PIPs/ECPs prior to contract modification.

C-6.13. Service Bulletins. The Contracting Officer will notify the contractor, in writing, when incorporation of a service bulletin is required. Within 30 calendar days following the receipt of this notice, the contractor shall submit a detailed cost proposal to the Contracting Officer using the procedures provided in paragraph H-3.

C-7. AVIATION COMPUTERIZED MAINTENANCE SYSTEM (ACMS) PROCEDURES.

C-7.1. Report Submission: ACMS is the management information system used to schedule and record all Coast Guard aircraft maintenance. The contractor's responsibility within ACMS shall include submission of the appropriate reports within 5 working days of the completion of work. Tracked components will be shipped to the contractor with a Significant Component History Report (SCHR) and a Component Repair Record (CRR) for each tracked component. The Coast Guard will provide the appropriate forms with each component. See paragraph H-1 for complete instructions.

C-7.2. ACMS Forms. See paragraphs H-1.1 and H-1.2.

C-8. DEFINITIONS.

C-8.1. Certificate of Conformance. A signed certificate by the contractor certifying 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 in the acceptance document. (See FAR 52.246- 15(d))

C-8.2. No Fault Found. An item which meets minimum performance specifications set forth by the OEM during and after the item has been brought up to full operating configuration and requires no parts or labor other than that which is necessary to perform this testing.

C-8.3. Repair. To restore to original equipment manufacturer’s minimum functional performance and test specifications by replacing, repairing and/or recalibrating parts or components in accordance with the OEM’s current specifications and procedures.

C-8.4. Unusual Damage. Items that have been severely damaged due to mishandling, water immersion, crash damage, or in which repairable assemblies have been removed.

SECTION D - PACKAGING AND MARKING

D-1. PRESERVATION-PACKAGING-PACKING. Each piece of equipment shall be individually preserved, packaged and packed (PPP) in accordance with contractor's best commercial practices.

D-2. MARKING INSTRUCTIONS. Material shall be marked in accordance with MIL-STD-129M, Marking for Shipment and Storage, dated 15 June 1993. Items of the same NSN shall be individually packaged and labeled with the following: National Stock Number (NSN), Part Number (P/N), nomenclature, quantity, unit of issue, contract number, contract line item number (CLIN), delivery order number, delivery order line item number, cure date (as provided), and date of manufacture and serial number (where applicable).

Bar coding is not required. Contractor’s label will be placed in such a way that vendor’s label is still visible.

SECTION E - INSPECTION AND ACCEPTANCE

E-1. NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

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

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

52.246-16 RESPONSIBILITY FOR SUPPLIES APR 1984

E-2. Inspection and Acceptance. The contractor shall provide a Certificate of Conformance for items repaired under this contract. Repaired items are considered by ALC as Ready for Issue (RFI) upon acceptance.

Inspection and acceptance of material under this contract shall be performed at destination by local Quality Assurance personnel, and consist of count and condition only.

Failure to submit the appropriate certificate shall constitute an improper invoice and will result in nonpayment.

E-3. Material Inspection and Receiving Report. At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DD Form 250, Material Inspection and Receiving Report (MIRR). A receiving Report must include:

- the contract and delivery order numbers;

- product or service description including delivery order line item number; and

- quantities shipped, if applicable.

The Contractor’s signed Certificate of Conformance (COC) shall be attached to or included with the top copy of the DD Form 250 which accompanies the invoice to the payment office. A copy of the signed COC shall also be attached to the DD Form 250 accompanying the shipment and shall be affixed to the outside of the shipping container.

SECTION F - DELIVERIES OR PERFORMANCE

F-1. NOTICE. The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

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

52.211-16 VARIATION IN QUANTITY APR 1984

52.242-17 GOVERNMENT DELAY OF WORK. APR 1984

52.247-34 F.O.B. DESTINATION. NOV 1991

52.247-55 F.O.B POINT FOR DELIVERY OF GOVERNMENT JUN 2003

FURNISHED PROPERTY.

(Note: applicable only to shipment of items from Government to contractor facility).

F-2. Delivery Schedule. The Government requires delivery as follows:

All items for repair or determined to be No Fault Found:

- 60 days after receipt of delivery order/material.

Aviation Computerized Maintenance System (ACMS) Reports:

SCHR - 1 copy shipped with component;

CRR - 1 copy to Attn: AVENG/ACMS when item is shipped

- 1 copy shipped with component

Technical Support Services - As Required

PIP/ECP - As Required

Unusual Damage Report - As Required

No Fault Found Report - As Required

Failure Data Report - 1 copy attached with invoice

Service Bulletins - 2 copies no later than 10 calendar days after completion of the service bulletin.

Gov't Property Reports - 15 September of each calendar year

SECTION F - DELIVERIES OR PERFORMANCE (Cont’d)

F-3. Shipping Instructions. Reparable material will be shipped to the contractor from Coast Guard operating units or ALC. Upon completion of repair, material shall be shipped to the address shown below, or to other Coast Guard operating units as directed by the Contracting Officer.

USCG Aviation Logistics Center (ALC) Receiving Section, Bldg. 63 Elizabeth City, NC 27909-5001

Contract No. HSCG38-09-D-200006

Delivery Order No. _______________________ (Assigned at the time of issuance)

F-4 - F.O.B Point. Shipments under this schedule shall be F.O.B. Destination only.

F-5 – Period of Performance. The period of performance of this proposed contract shall be two years.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. ADDRESS OF CORRESPONDENCE.

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

Contracting Officer Attn: SRR Section USCG Aviation Logistics Center (ALC) Elizabeth City, NC 27909-5001

G-2. ORDERING OFFICE.

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

Contracting Officer USCG Aviation Logistics Center (ALC) Elizabeth City, NC 27909-5001

G-3. CONTRACTOR VERIFICATION OF RECEIPT OF REPARABLE ITEM.

Upon receipt of reparable items, the contractor shall notify the Contracting Officer in writing of the following:

(1) date of receipt of reparable item(s), (2) confirmation of serial number(s) of item(s) received, and (3) applicable delivery order number. Notification via facsimile is acceptable (FAX No. 252-334-5240).

G-4. INVOICING INSTRUCTIONS.

Unless otherwise specified in the schedule or on individual delivery orders issued hereunder, the original and two (2) copies of the contractor's invoice, the DD250, Certificate of Conformance (COC), and one copy of the ACMS tracking form, as appropriate, shall be submitted to the designated billing office for payment as follows:

Chief, Fiscal Branch Bldg. 63 USCG Aviation Logistics Center (ALC) Elizabeth City, NC 27909-5001 Mark For:

Contract Number: HSCG38-09-D-200006 Delivery Order Number: To be assigned at issuance of order

Note: Failure to submit the applicable Component Repair record, DD Form 250, COC and the documentation supporting repairs completed will constitute and improper invoice and may result in delay of payment or nonpayment.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1. AVIATION COMPUTERIZED MAINTENANCE SYSTEM (ACMS) PROCEDURES.

H-1.1 Significant Component History Report. The Significant Component History Report (SCHR) records the maintenance history of the serial number tracked components. It remains with its corresponding part until reinstalled on an aircraft or annotated "scrapped" and returned to USCG Aviation Logistics Center, Elizabeth City, NC 27909-5001, ATTN: AVENG/ACMS. The contractor shall retain copies of SCHR's for 90 calendar days after contract completion.

H-1.2. Component Repair Record. The Component Repair Record (CRR) records the maintenance performed on a serial number tracked component by the contractor and enrolls or disenrolls components from ACMS when those components are scrapped, added to, or removed from the Coast Guard parts inventory. One (1) copy shall be mailed to USCG Aviation Logistics Center (ALC), Elizabeth City, NC 27909-5001, ATTN: AVENG/ACMS, within 5 working days of acceptance by the Government inspector. One

(1) copy shall be attached to and mailed with the invoice. The original copy of the Component Repair Record shall be packed with the component at completion of the repair for return to the Coast Guard.

H-2. UNUSUAL DAMAGE. Components received which indicate obvious misuse, cannibalization or severe damage due to mishandling, water immersion or crash damage may dictate an exclusion from the prices specified in Section B. Such components shall be inspected, repair costs determined, and authorization to proceed obtained from the Contracting Officer prior to commencement of work. If the contractor considers a component to be a candidate for exclusion, the Contracting Officer shall be notified within 15 days of receipt of the component. Verbal notification to the Contracting Officer shall be confirmed in writing. Within 30 days after receipt of the component, the contractor shall submit to the Contracting Officer a firm fixed price proposal to repair the component. The proposal shall include the applicable labor rates from Section B, the number of labor hours, a breakdown of required material, and a proposed delivery schedule. The contractor's delivery obligation for the component shall be suspended as the date of notice to the Contracting Officer. The Contracting Officer will make a unilateral written determination (subject to the Disputes Clause, FAR 52.233-1), within 30 days of written notice, as to exclusion validity.

The Government shall not be liable for any amount expended by the contractor in excess of the applicable firm fixed price reflected in Section B unless prior written authorization has been given by the Contracting Officer. The Government retains the right to unilaterally set the price for exclusion items in the event an agreement on price cannot be reached. The contractor's delivery obligation shall resume upon receipt of the Contracting Officer's determination.

H-3. SERVICE BULLETINS (SB). The contractor shall provide the Contracting Officer two copies of all service bulletins within 10 calendar days after completion of the service bulletin. The Contracting Officer will notify the contractor in writing of components requiring incorporation of mandatory or optional service bulletins. Upon receipt of such notice, the contractor shall submit, within thirty (30) calendar days, a firm fixed-price proposal using the labor rates established under Section B including the number of hours, cost breakdown of material and delivery schedule. Contractor shall not proceed with incorporation of the SB until a firm fixed-price is negotiated and the Contracting Officer executes authorization via a modification to the contract.

The authorized SB shall be incorporated into each subsequent component received at the repair facility (if not previously incorporated) at the firm fixed-price established, and shall be listed as a separate item on contractor invoice.

SECTION H - SPECIAL CONTRACT REQUIREMENTS (Cont’d)

H-4. EXERCISE OF OPTIONS. As prescribed in FAR Clause 52.217-8, Option to Extend Services, the Coast Guard may (subject to FAR Clause 52.232-18, Availability of Funds) require the services provided by this contract to be extended, subject to the limitations of FAR 52.217-8. If an option is to be exercised, the Coast Guard will provide written notice to the contractor within 60 days before contract termination date.

H-5. OTHER REQUREMENTS.

H-5.1. Reduction of unit price. The Contracting Officer has the unilateral right to reduce the unit prices for all line items to the invoiced amount when the invoiced amount is less than the amount reflected on the order.

H-5.2. Hourly Rates. All labor rates are fully loaded and inclusive of all overhead, escalation, and profit.

H-5.3. AOG Situations. In the event the contractor is notified that an AOG situation exists, the contractor shall expedite repair 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.

H-6. SUBMISSION OF 10 USC 2323 DATA. 10 U.S.C. 2323, Contract goals for small disadvantaged business and certain institutions of higher education, enacted by Public Law 103-355, requires submission of data on contracts and subcontracts awarded to small disadvantaged businesses, historically black colleges and universities, and minority institutions. The contractor agrees to submit, upon request from the contracting officer, information as may be required by the government to meet reporting requirements set forth under 10 U.S.C. 2323.

SECTION I - CONTRACT CLAUSES

I-1. CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) 52.252-2

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.

(End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 DEFINITIONS. JUL 2004

52.203-3 GRATUITIES. APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES. APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES SEP 2006

TO THE GOVERNMENT.

52.203-7 ANTI-KICKBACK PROCEDURES. JUL 1995

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY JAN 1997

OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY.

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL JAN 1997

OR IMPROPER ACTIVITY.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE SEP 2007

CERTAIN FEDERAL TRANSACTIONS.

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON AUG 2000

RECYCLED PAPER.

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST SEP 2006

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT.

52.211-15 DEFENSE PRIORITY AND ALLOCATION APR 2008

REQUIREMENTS.

52.215-2 AUDIT AND RECORDS - NEGOTIATION. MAR 2009

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT OCT 1997

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR OCT 1997

PRICING DATA.

52.215-12 SUBCONTRACTOR COST OR PRICING DATA. OCT 1997

52.215-14 INTEGRITY OF UNIT PRICES. OCT 1997

ALTERNATE I (OCT 1997)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS. OCT 2004

SECTION I - CONTRACT CLAUSES (Cont’d)

I-1. CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) 52.252-2 (Cont'd)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR JUL 2005

POSTRETIREMENT BENEFITS (PRB) OTHER THAN

PENSIONS.

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR OCT 1997

INFORMATION OTHER THAN COST OR PRICING DATA -

MODIFICATIONS.

52.216-18 ORDERING. OCT 1995

para (a) - effective date of contract award through two calendar years beyond award date

52.216-19 ORDER LIMITATIONS. OCT 1995

para (a) – one (1) each (b)(1) - the estimated quantity specified in Section B for each line item (b)(2) – 100% of the estimated quantity (b)(3) - 15 calendar days

(d) - 15 calendar days

52.216-21 REQUIREMENTS OCT 1995

para (f) – two calendar years after date of award

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. MAY 2004

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN APR 2008

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN JAN 1999

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB 1997

52.222-3 CONVICT LABOR JUN 2003

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, SEP 2006

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH JUN 1998

DISABILITIES

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED SEP 2006

VETERANS, VETERANS OF THE VIETNAM ERA AND OTHER

OTHER ELIGIBLE VETERANS

52.222.41 SERVICE CONTACT ACT OF 1965, AS AMENDED NOV 2007

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES MAY 1989

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage—Fringe Benefits

WG-9 21.13

52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- FEB 2002

PRICE ADJUSTMENT

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-6 DRUG-FREE WORKPLACE. MAY 2001

52.225-1 BUY AMERICAN ACT - SUPPLIES FEB 2009

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. JUN 2008

52.227-1 AUTHORIZATION AND CONSENT. DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING DEC 2007

PATENT AND COPYRIGHT INFRINGEMENT.

52.227-14 RIGHTS IN DATA--GENERAL. DEC 2007

52.229-4 FEDERAL, STATE AND LOCAL TAXES APR 2003

(STATE AND LOCAL ADJUSTMENTS)

52.230-2 COST ACCOUNTING STANDARDS. OCT 2008

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES OCT 2008

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS. MAR 2008

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-11 EXTRAS APR 1984

52.232-17 INTEREST OCT 2008

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT APR 1984

FISCAL YEAR.

September 30, 2009 September 30, 2009

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-25 PROMPT PAYMENT OCT 2008

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OCT 2003

CENTRAL CONTRACT REGISTRATION

52.233-1 DISPUTES JUL 2002

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES - FIXED-PRICE. AUG 1987

ALTERNATE II (APR. 1984)

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS MAR 2009

52.245-1 GOVERNMENT PROPERTY JUN 2007

52.246-23 LIMITATION OF LIABILITY FEB 1997

52.246-25 LIMITATION OF LIABILITY – SERVICES FEB 1997

52.248-1 VALUE ENGINEERING FEB 2000

52.249-2 TERMINATION FOR CONVENIENCE OF THE MAY 2004

GOVERNMENT (FIXED PRICE).

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND APR 1984

SERVICES).

52.253-1 COMPUTER GENERATED FORMS. JAN 1991

HOMELAND SECURITY ACQUISITION REGULATION CLAUSES INCORPORATED BY REFERENCE

3052.219-70 SMALL BUSINESS PROGRAM SUBCONTRACTING JUN 2006

PLAN REPORTING

3052-219-71 DHS MENTOR-PROTÉGÉ PROGRAM JUN 2006

3052.222-70 STRIKES OR PICKETING AFFECTING TIMELY DEC 2003

COMPLETION OF THE CONTRACT WORK.

3052.242-71 DISSEMINATION OF CONTRACT INFORMATION. DEC 2003

3052.245-70 GOVERNMENT PROPERTY REPORTS. JUN 2006

I-2 HSAR 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 52-7 06-01-2006 HSAR 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 for Related 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

I-2 HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006) (Cont’d) 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)

I-3 APPROVAL OF CONTRACT 52.204-1 (DEC 1989)

This contract is subject to the written approval of the Chief of the Contracting Office, USCG Aviation Logistics Center, Elizabeth City, NC and shall not be binding until so approved.

(End of clause)

I-4 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) 52.215-19

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall –

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

(2) Provide the ACO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor’s ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

I-5 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

(DEC 2004) 52.222-39

(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 Wade 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 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 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 provision 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 as 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.

http://www.nlrb.gov/

I-6 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

(DEC 2004) 52.222-39 (Cont’d)

(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, Compliant 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) http://www.olms.dol.gov/

SECTION J - LIST OF ATTACHMENTS

This section is not applicable.

PAR IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K-1. NOTICE - PROVISIONS INCORPORATED BY REFERENCE.

The following solicitation provisions pertinent to this section are hereby incorporated by reference.

FEDERAL ACQUISITION REGULATION (48 CFR CHAP1) PROVISIONS

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS FEB 2009

K-2 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION 52.230-1 (OCT 2008)

Note: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT—COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $650,000 resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted as a part of the offeror’s proposal under this solicitation unless the offeror has already submitted a Disclosure Statement disclosing the practices used in connection with the pricing of this proposal. If an applicable Disclosure Statement has already been submitted, the offeror may satisfy the requirement for submission by providing the information requested in paragraph (c) of Part I of this provision.

Caution: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed-to practice for pricing proposals or accumulating and reporting contract performance cost data.

(c) Check the appropriate box below:

[ ] (1) Certificate of Concurrent Submission of Disclosure Statement. The offeror hereby certifies that, as a part of the offer, copies of the Disclosure Statement have been submitted as follows:

(i) Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant

Federal agency official authorized to act in that capacity (Federal official), as applicable; and

(ii) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the cognizant ACO or Federal official and/or from the loose-leaf version of the Federal Acquisition Regulation.)

(Cont’d)

Date of Disclosure Statement: _________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the Disclosure Statement.

[ ] (2) Certificate of Previously Submitted Disclosure Statement. The offeror hereby certifies that the required Disclosure Statement was filed as follows:

Date of Disclosure Statement: _________________________ Name and Address of Cognizant ACO or Federal Official Where Filed: _______________________________________

The offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with the cost accounting practices disclosed in the applicable Disclosure Statement.

[ ] (3) Certificate of Monetary Exemption. The offeror hereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control, did not receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling $50 million or more in the cost accounting period immediately preceding the period in which this proposal was submitted.