Terms and Conditions HSCG38-11-Q-500012.doc

TERMS AND CONDITIONS

HSCG38-11-Q-500012

Statement of Requirement The items specified in the attached spreadsheet titled “HSCG38-11-Q-500012 Quote Sheet”, shall be tendered to the Government at the firm-fixed prices established at contract award in factory new condition only.

The following clauses and provisions are included:

52.212-1 Instructions to Offerors - Commercial Items

Jun 2008

(c) Prices must remain effective for 90 days after solicitation close.

Evaluation Criteria

The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.

Technical Capability:

Technical capability will be evaluated on the ability of the offeror to provide the required items or approved alternates that satisfy all form, fit and function requirements of the original parts and conform to the approved configurations. The Offeror of an alternate part must submit data that adequately demonstrates that its product meets or exceeds the requirements of the solicitation in accordance with the clause at FAR 52.246-15, Certificate of Conformance. A general statement of compliance or restatement of the requirements is insufficient. An offeror must clearly identify in writing they are providing an alternate part by annotating it on their quote. Offerors who are providing an alternate part shall include in their quote descriptive literature or description literatures such as illustrations, drawings, or a clear reference, such as a web site to information readily available to the Contracting Officer.

Delivery:

The Government’s desired delivery date for all items is 15 March 2012. Offerors that can meet the Government’s required delivery date will be rated higher than offers that are unable to deliver on time. Offerors that can deliver sooner than the Government’s required delivery date will be rated the highest. F.O.B. Destination is requested as the F.O.B. point for all deliverables. All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND shipping costs are included.

Price:

The offeror shall provide firm fixed pricing for the requested items. If offeror proposes F.O.B. Origin, the quote must also include estimated shipping costs for each line item. The shipping costs will be used in evaluation of price to arrive at a total cost to the Government. The contractor shall provide pricing for the spares as requested in the attached spreadsheet titled “HSCG38-11-Q-500012 Quote Sheet”. Any quantity price discounts and discounts for prompt payment should be included in this section.

Past Performance: The Government will use information available from past contracts/purchase orders with the USCG, delivery information found in the USCG’s AMMIS system, and any information found using sources such as Federal Government sources, Past Performance Information Retrieval System (PPIRS)/Contractor Performance Assessment Reporting System (CPARS). Offerors are advised that more recent performance is more relevant than less recent performance and will be given greater weight in the evaluation process. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be given a neutral past performance rating.

52.212-3 Offeror Representations and Certifications-Commercial Items May 2011

X Alternate I of 52.212-3.

Apr 2011 An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(End of Provision) Addendum to 52.212-4 Contract Terms and Conditions Commercial Items Jun 2010 Packaging Instructions:

The contractor shall comply with ASTM D 3951-98, Commercial Packaging, Shipping and Storage Procedures (Reapproved 2004). Each individual container shall be labeled on the outside with the appropriate National Stock Number, Part Number, Nomenclature, Quantity, Delivery Order and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. The internal packaging material shall be sufficient to prevent corrosion, deterioration or decay during warehouse storage with temperature ranging from 40 to 95 degrees Fahrenheit and high humidity for a period not less than one year. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory.

Shipping Instructions:

Items shall be shipped to the following address:

USCG Aviation Logistics Center

Receiving Section, Bldg. 63

1664 Weeksville Road

Elizabeth City, NC 27909-5001

Purchase Order No. _____________________________

(To be assigned at time of issuance)

Urgent Requirements:

Aircraft on the Ground (AOG) status necessitates a special schedule. When the Government notifies the contractor of an AOG situation, the contractor shall endeavor to ship requirements identified as AOG directly to the Air Station if requested by the Contracting Officer as quickly as possible. Material will be shipped by the fastest traceable means, e.g. airfreight ―next day delivery. The shipping container will be marked ―AOG on the outside in a highly visible method, in letters not less than 2” high. The contractor shall be allowed the additional compensation for any delivery charges incurred under this requirement.

Inspection and Acceptance:

(a) 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. All parts ordered under the provisions of this contract must be airworthy and suitable for use on USCG aircraft.

52.212-5 Contract Terms and Conditions Required to Implement August 2011

Statutes or Executive Orders-Commercial Items.

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

(13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

(21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

(24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(25) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

(26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

(27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(28) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2010) (38 U.S.C. 4212).

(29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(30) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2010) (38 U.S.C. 4212).

(31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).

(37) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(40) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

Contract Clauses 52.252-2 Clauses Incorporated by Reference

FEB 1998

This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html.

52.203-3 Gratuities

Apr 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Oct 2010 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content May 2011

Paper.

52.242-13 Bankruptcy

Jul 1995

52.246-15 Certificate of Conformance

April 1984

52.247-34 F.O.B. Destination

Nov 1991

SOLICITATION PROVISIONS (Incorporated by Reference) 52.222-22 Previous Contracts and Compliance Reports

Feb 1999

52.222-25 Affirmative Action Compliance

Apr 1984 52.225-25 Prohibition on Engaging in Sanctioned Activities

Sep 2010

Relating to Iran – Certification

52.233-2 Service of Protest

Sept 2006

FULL TEXT PROVISIONS

52.211-14 Notice of Priority Rating for National Defense, Apr 2008

Emergency Preparedness and Energy Program Use

Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.](End of Provision)