(c.2) SOW Hover Light.doc

ADDENDUM - 52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)

Statement of Work (SOW)

1.0 SCOPE.

The Short Range Recovery (SRR) aircraft components to be repaired under this contract will be removed upon failure, and repaired on condition. The contractor shall provide all necessary parts, materials, labor, tooling, test equipment and facilities to evaluate and repair the components listed in the Schedule. The contractor shall provide technical support services, support product improvement efforts, and provide updates to Component Maintenance Manuals (CMM) and Technical Orders (TO). Work under this contract shall be performed at the contractor’s facility.

2.0 MAJOR TASKS.

2.1 Repair. Non-RFI components shall be repaired and returned to RFI condition in accordance with the Original Equipment Manufacturer's minimum functional performance specifications.

2.2 Technical Support Services. The contractor shall provide technical support services to resolve technical, maintenance, reliability, and other product support issues as specified in paragraph 5.7 of the Statement of Work (SOW).

2.3 Product Improvement/Engineering Change Proposals. Product Improvement/Engineering Change Proposals may be incorporated as specified in paragraph 5.9 of the SOW.

3.0 DOCUMENT DELIVERABLES.

3.1 Repair Documentation. Documentation supporting work completed shall be provided as specified in paragraph 7.1.1 of the SOW.

3.2 Aviation Computerized Maintenance System (ACMS) Documentation. ACMS documentation for tracked components shall be provided as indicated in paragraph 7.1.

3.3 Service Bulletin Documentation. Service Bulletin Documentation shall be provided as indicated in paragraph 5.8 of the SOW.

3.4 Publications/Updates. The contractor shall provide publications/updates as specified in paragraph 5.11 of the SOW.

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

4.0 APPLICABLE DOCUMENTS.

4.1 Government Documents.

4.1.1 - USCG Technical Orders (T.O.s) that support components set forth in the Schedule. Copies may be obtained by submitting a request to the Contracting Officer.

4.1.2 - FAA Advisory Circular AC 43-4A, dated 7/25/91, Corrosion Control for Aircraft A copy of this circular is available at www.faa.gov.

4.2 Industry Documents.

4.2.1 - Original Equipment Manufacturer (OEM) Component Maintenance Manuals (CMM) and other applicable technical specifications for the components set forth in the Schedule.

4.2.1.1 - Industry documents are not available from the US Coast Guard and may be obtained from the applicable Original Equipment Manufacturer (OEM).

4.3 - 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:

4.3.1 - USCG specifications and procedures.

4.3.2 - OEM specifications and procedures.

5.0 - REQUIREMENTS

5.1 – Repair. Components shall be repaired for the specific fault for which they were returned. A DD Form 1577-2, Unserviceable (Repairable) 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, but is not limited to, replacement of missing or broken parts and the removal of any foreign matter or corrosion.

5.2 - Corrosion. During inspection and functional test, the presence of corrosion in a component shall constitute reason for a more thorough disassembly and inspection. Should corrosion be found, disassembly shall be made to the extent necessary to remove corrosion or replace the part, or parts, affected.

5.2.1 - Corrosion Treatment. Corroded parts shall be replaced, except in those cases where removal of corrosion from a part will not impair efficiency or safe operation of the part. Corrosion removal and treatment of affected areas will be accomplished in accordance with manufacturer's specifications and NAVAIR 01-1A-509.

5.3 - Replacement Parts. The repair prices set forth in the Schedule include all replacement parts except separately priced replacement parts as specified in paragraph 5.4 and Exclusions as specified in paragraph 5.5. Parts found to be defective shall be replaced with parts meeting the manufacturer's specifications and drawings. Replacement parts shall be new. Parts shall be replaced as specified in the manufacturer's most current procedures as modified by USCG ALC Engineering.

5.4 - Separately Priced Replacement Parts. During the course of this contract, the contractor may propose use of serviceable/recovered parts in lieu of new separately priced replacement parts subject to Contracting Officer approval. The price of any such part will be negotiated on a case-by-case basis.

5.4.1 - The contractor shall notify the Contracting Officer within 10 calendar days after receipt of the component when any of the separately priced replacement parts specified in the Schedule are required. This notification shall include a list (by part number, nomenclature and quantity) of any separately priced replacement part(s) required. The Contracting Officer will either issue a modification to the delivery order authorizing use of the separately priced replacement part(s) or provide disposition instructions. The delivery schedule will be adjusted accordingly for any delay associated with requesting and obtaining the approval to utilize the specified separately priced replacement part(s).

5.4.2 - The Government reserves the right to provide separately priced replacement parts as Government-furnished property (GFP) on an as-needed basis as determined by the Contracting Officer.

5.5 - Exclusions - Unusual Damage. Prices do not include components that have been cannibalized or severely damaged due to mishandling, water immersion, or crash damage. Additionally, the SRR 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 5.2.

5.5.1 - 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 the contract schedule. 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. The contractor may be required to support a determination of Unusual Damage by the submission of detailed condition reports with a breakdown of labor and material costs and/or photographs. Submission of requirements to support this determination remains the discretion of the Contracting Officer and shall be provided upon request at no additional cost to the Government. Verbal notification to the Contracting Officer shall be confirmed in writing. 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 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.

5.5.2 - The Government shall not be liable for any amount expended by the contractor in excess of the applicable firm fixed price reflected in the schedule unless prior written authorization has been given by the Contracting Officer.

5.6 - Test and Evaluation. If, after visual and functional 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 (NFF). A report containing at the minimum the Part Number (P/N), National Stock Number (NSN), and nomenclature of the item(s) shall be attached to the item and mailed with the invoice.

5.7 - RESERVED

5.8 – Service Bulletins. The contractor shall provide the Contracting Officer two copies of all service bulletins within ten (10) calendar days of receipt. The Contracting Officer will notify the contractor in writing when incorporation of mandatory or optional service bulletins is required. The contractor shall submit, within thirty (30) calendar days after receipt of this notification, a detailed proposal which shall include a listing of replacement parts and/or materials required, the time needed to affect the modifications, estimated price breakdown of each part, and the number of labor hours required. The applicable labor rate will be as specified in this contract for service bulletins. The Coast Guard normally incorporates all mandatory service bulletins.

5.9 - Product Improvements Proposal (PIP)/Engineering Change Proposal (ECP). The contractor will continually analyze the documentation for each component identified in the schedule. 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 labor hours, material, and other costs. The PIP/ECP will then be evaluated. 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.

5.10 - Aviation Computerized Maintenance System (ACMS). The contractor shall submit component repair tracking forms as specified in paragraph 7.1.1 , Aviation Computerized Maintenance System (ACMS) Procedures to the same address identified in paragraph 7.1.2.1.

5.11 - Publications/Updates. Within 60 calendar days following contract award, the Contractor shall provide the Contracting Officer an updated copy of all applicable OEM-approved component maintenance manuals (CMMs) for components listed in the schedule. The CMMs shall reflect the latest procedures used in the repair of components. If the contractor determines that current procedures detailed in the CMM should be changed, two copies of recommended changes shall be submitted to the USCG's Contracting Officer for submittal and review for approval/disapproval by USCG/ALC Technical Services. The contractor shall continuously update all applicable CMMs during the life of the contract. The contractor shall submit revisions to CMMs to the USCG Contracting Officer within 60 calendar days of receipt.

6.0 - QUALITY ASSURANCE PROVISIONS.

6.1 - Responsibility for Inspections and Tests. The contractor shall establish an inspection system in accordance with Federal Aviation Administration 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.

6.2 - Inspections. After a repair is complete, each component shall be inspected/checked in accordance with CMM procedures.

6.3 - Testing. No deviations from test requirements are authorized.

6.4 - RESERVED

6.4.1 -. (a) The contractor shall furnish a Certificate of Airworthiness in accordance with FAA procedures and a Certificate of Conformance in accordance with FAR Clause 52.246-15 for all components (see page 17). These forms shall be submitted on the outside of each component’s shipping container with the packing slip, with duplicate copies included inside the container, and copies shall be included with the invoice.

(b) The certificate must be signed by an authorized official of the approved source and must specify the nomenclature, manufacturer's part number and date of manufacture. For Production Approval Holder, a Certificate of Conformance AND a copy of the FAA PMA or other manufacturing authority shall be provided. The certificate must be signed by an authorized official representing the approved source and must specify the manufacturer's part number and date of manufacture. Certificates of conformance must be accompanied by documentation reflecting the complete unbroken history of ownership of the parts from purchase from the approved source until delivery to the U.S. Coast Guard.

FAILURE TO SUBMIT THE APPROPRIATE CERTIFICATES SHALL CONSTITUTE AN IMPROPER INVOICE AND WILL RESULT IN NONPAYMENT.

6.5 - Inspection and Acceptance. Final inspection and acceptance of material under this contract shall be performed at destination by local Quality Assurance 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.

7 .0 - REPORTING REQUIREMENTS.

7.1 - Aviation Computerized Maintenance System (ACMS) Procedures.

7.1.1 - Report Submission. ACMS is the management information system used to schedule and record all USCG aircraft maintenance. The USCG will provide the Significant Component History Report (SCHR) and the Component Repair Record (CRR) for each tracked component shipped to the contractor. The contractor's responsibility within ACMS shall include submission of the reports within five (5) working days of the completion of the repair effort. As part of the SCHR/CRR requirement, it should be specified on the forms, exactly which parts were replaced so that it can be entered onto the SCHR/CRR by ALC Personnel after repair of the components.

7.1.2 - ACMS Forms.

7.1.2.1 - Significant Component History Report (SCHR). The SCHR records the maintenance history of the serial number tracked components. It remains with its corresponding part until reinstalled on an aircraft or is annotated "scrapped" (NOTE: Written approval from the Contracting Officer is required prior to scrapping a component). The SCHR for scrapped components, as well as the component itself, shall be returned to US Coast Guard Aircraft Logistics Center, ATTN: AVENG/ACMS, Elizabeth City, NC 27909-5001. The contractor shall retain a copy of each SCHR for 90 calendar days.

7.1.2.2 - Component Repair Record (CRR). The CRR records the maintenance performed on a serial number tracked component and enrolls or disenrolls components from ACMS when those components are scrapped, added to, or removed from the USCG inventory. The contractor shall document ALL repair actions, including the specifications and/or technical orders used as authority, on the CRR. In addition, the contractor shall record the completion of any Service Bulletin and/or Time Compliance Technical Order (TCTO).

The contractor shall mail one copy of the CRR to the address shown in paragraph 7.1.2.1 above no later than five (5) working days following completion of the repair effort. One copy shall be attached to the invoice. The original CRR shall be packed with the component. The contractor shall retain a copy of each CRR for 90 calendar days.

NOTE: The contractor shall list all non-consumable parts replaced on the CRR. This is imperative for effective historical research on the tracked item.

8.0 - SPECIAL INSTRUCTIONS.

8.1 - Aircraft on Ground (AOG) Situations. Upon notification from the USCG 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 in these instances. The quantity of AOG units is limited to a maximum of five (5) units in any seven (7) calendar-day period.

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

10.0 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)

11.0 CONTRACTOR VERIFICATION OF RECEIPT OF COMPONETS

(a) All items under this contract will be inspected and accepted by the contractor. Within five (5) calendar days following the receipt of component(s), the contractor shall provide written notification of the following to the Contracting Officer.

1) Date of receipt of component(s).

2) Confirmation of number of units received.

3) Applicable delivery order and line item number(s)

Notification via facsimile is acceptable, FAX: (252) 334-5240

12.0 F.O.B. POINT

The f.o.b. point for shipments under this contract is f.o.b. destination. Prices in the Schedule should include all applicable customs/duty/shipping charges.

13.0 PACKAGING AND MARKING

13.1 PACKAGING & PRESERVATION

Packaging and preservation shall be the vendor's best commercial practice and shall include the following information:

a.

The Coast Guard Aviation Logistics Center is a supply depot; therefore, material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea.

b.

Packaging material shall NOT consist of the following material: popcorn, shredded paper, Styrofoam of any type or peanut packaging.

c.

Each part number shall be individually packed in a separate envelope, box, carton or crate. If crate is used, material must be packaged in such a way that material does not come in contact directly with wood to avoid wood splinters from penetrating material. The internal packing material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration, or decay during warehouse storage for a period of one year.

13.2 MARKING INSTRUCTIONS

Each individual container shall be labeled on the outside and each individual packaging of parts on the inside shall be labeled with National Stock Number, Part Number, Nomenclature, Quantity, Contract Line Item, Contract Number, Delivery Order Numbers and Delivery Line Item Number. Certificates of Conformance shall be placed on the outside of individual containers.

14.0 INVOICING INSTRUCTIONS

The original and three (3) copies of the Contractor's invoice formatted IAW FAR 52.212-4(g) shall be submitted to the designated billing office for payment as follows:

Email: alc-fiscal@uscg.mil

Chief, Fiscal Branch

Bldg. 63

USCG Aviation Logistics Center

Elizabeth City, NC 27909-5001

MARK FOR: CONTRACT NO.

(To be assigned at time of issuance)

DELIVERY ORDER NO. _________________________________

15.0 SHIPPING INSTRUCTIONS

Unless otherwise specified on individual delivery orders issued hereunder, deliverable hardware items shall be shipped to the following address:

Receiving Section, Bldg. 63

MARK FOR: 41000 Field Stock

Contract No. _____________________________

Delivery Order No. ______________________________

Documents, reports and correspondence shall be submitted to the following address:

Contracting Officer

SRR Product Line, Bldg. 75

16.0 DESIRED AND REQUIRED TIME OF DELIVERY FAR 52.211-9 (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DELIVERY SCHEDULE (*calendar days)

If the offeror is unable to meet the desired delivery schedule in column (c), it may, without prejudicing evaluation of its offer, propose a delivery schedule in column (e) above. However, if the offeror’s proposed delivery schedule extends the delivery period beyond the time for delivery in the Government’s required delivery schedule set forth in column (d) above other offers with delivery dates earlier than or meeting the time specified in column (d) will be rated more favorably. If the offeror proposed no other delivery schedule, the desired schedule in column (c) will apply.

(End of Clause)

FAR 52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipment of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ___________________ (insert date), the _______________________ (insert Contractor’s name) furnished the supplies or services called for by Contract No.

_______________________________ via ___________________________ (Carrier) on _______________________________ (identify the bill of lading or shipping document) in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

DATE OF EXECUTION: __________________________________________________

SIGNATURE: ___________________________________________________________

TITLE: _________________________________________________________________

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 address: http://arnet.gov/far/ 52.204-4 Printed Copied Double-Sided on Recycled Paper

AUG 2000

52.211-15 Defense Priority and Allocation Requirements.

APR 2008

52.217-5 Evaluation of Options

JUL 1990

52.242-13 Bankruptcy

JUL 1995

52.247-34 F.O.B. Destination

NOV 1991

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through one calendar year from exercised base or option period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) 52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1) each of any line item, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of the total estimated contract line item quantitiy;

(2) Any order for a combination of items in excess of a total line item quantity; or

(3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 calendar days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year after the last exercised base or option period.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond September 2010. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 2010, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Page