ISO_Solicitation.doc

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is 202.372.3695.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

HSCG38-15-Q-410003

6. SOLICITATION

ISSUE DATE

11/21/14

Ms. Sherri Peele

b. TELEPHONE NUMBER (no collect calls)

252-335-6768

8. OFFER DUE DATE/ LOCAL TIME

12/9/14 12:00pm EST

9. ISSUED BY CODE Z50100

USCG, Aviation Logistics Center (ALC)

Attn: Ms. Sherri Peele

1664 Weeksville Rd., Bldg. 63, ALD

Elizabeth City, NC 27909

10. THIS ACQUISITION IS

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UNRESTRICTED OR FORMCHECKBOX

SET ASIDE % FOR:

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SMALL BUSINESS FORMCHECKBOX

ECONOMICALLY DISADVANTAGED

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HUBZONE SMALL BUSINESS WOMAN OWNED SMALL BUSINESS

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SERVICE DISABLED VETERAN- (EDWOSB)

OWNED SMALL BUSINESS FORMCHECKBOX

8 (a)

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WOMAN OWNED NAICS: 541611

SMALL BUSINESS (WOSB) SIZE STANDARD: $14M

ELIGIBLE UNDER WOSB PROGRAM

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

12. DISCOUNT

TERMS

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13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB FORMCHECKBOX

RFP

15. DELIVER TO CODE ;Z50100

Commanding Officer, USCG, ALC

1664 Weeksville Road

Receiving Section, Bldg. 63

Elizabeth City, NC 27909

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE Z50100

Chief, Fiscal Branch

USCG, ALC

1664 Weeksville Rd.

Elizabeth City, NC 27909

Payment Status 252-335-6852

Email: ALC-Fiscal@uscg.mil

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17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED FORMCHECKBOX

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This Request for Quotation is issued to obtain services for recertification and certification of International Organization for Standardization (ISO) in accordance with the attached Statement of Work.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 5.212-3 & 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 42.212-5 IS ATTACHED. ADDENDA FORMCHECKBOX

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

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29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

STANDARD FORM 1449 (Rev. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA – FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED

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INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

36. PAYMENT

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COMPLETE

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PARTIAL

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FINAL

37. CHECK NUMBER

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PARTIAL FORMCHECKBOX

FINAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FROM 1449 (REV. 2/2012) BACK

CONTINUATION OF SF 1449 – BLOCKS 17B - 25

Block 17b: REMITTANCE ADDRESS: Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award contractor must be registered in SAM http://www.sam.gov.

Block 18a: The invoice shall be sent to the following address with a copy to Sherri Peele via sherri.l.peele@uscg.mil and a copy to the COR monthly. The invoice shall be dated the same as the date submitted. The invoice shall identify the contract/purchase order number, task order number (if applicable) and Contract Line Item Number (CLIN).

Invoices may be submitted electronically to ALC-Fiscal@uscg.mil or submitted via mail to:

Chief, Fiscal Branch

USCG, ALC

1664 Weeksville Road

Elizabeth City, NC 27909

Payment Status – 252-335-6852

Blocks 19 through 24: The following pages contain the Schedule of Supplies/Services and Statement of Work (SOW).

This Request for Quotation is issued, in accordance with FAR Subpart 12, Commercial Items in conjunction with FAR Part 13, Simplified Acquisition Procedures as a Best Value procurement. For questions concerning this solicitation contact Ms. Sherri Peele, Contract Specialist at 252-335-6768 or via email at sherri.l.peele@uscg.mil.

Questions regarding this solicitation must be in writing and sent via email to sherri.l.peele@uscg.mil. The questions and answers will be posted on FedBizOpps via an Amendment to the solicitation. Questions will not be accepted after December 1, 2014, 12:00 pm EST.

Anticipated Award Date: The purchase order is expected to be awarded on or about January 15, 2015.

See FAR 52.212-1 Addendum for submission of quotations.

Schedule of Supplies/Services Base Year – TBD

UNIT TOTAL

CLIN

DESCRIPTION

QTY

UNIT

PRICE

PRICE

The contractor shall provide ISO 9001/14001 Recertification

EA

(by April 15th 2015)

Travel

TBD

$ NSP

The following CLINS are optional and will be funded on an as needed basis.

The contractor shall provide OHSAS 18001 Certification

(Period of performance to be determined)

1st Option Year – TBD

PRICE

PRICE

The contractor shall provide Surveillance ISO 9001/14001

(by April 15th 2016)

The contractor shall provide Certification AS 9110

(by April 15th 2016)

$ NSP

$ NSP

The following CLINS are optional and will be funded on an as needed basis.

The contractor shall provide Surveillance OHSAS 18001

2nd Option Year – TBD

PRICE

PRICE

The contractor shall provide Surveillance 9001/14001/18001

(by April 15th 2017)

The following CLINS are optional and will be funded on an as needed basis.

The contractor shall provide Surveillance AS 9110

3rd Option Year – TBD

PRICE

PRICE

The contractor shall provide Surveillance 9110/14001/18001

(by April 15th 2018)

$ NSP

$ NSP

STATEMENT OF WORK (SOW)

INTERNATIONAL ORGANIZATION FOR STANDARDARDIZATION (ISO)

Background: Aviation Logistics Center (ALC) Integrated Business Management System (BMS) is currently registered as compliant to the ISO 9001:2008 and ISO 14001:2004 standards. Sustainment of the ISO registrations is vital to ALC’s business system to ensure on-going process improvement, continued delivery of a high quality product and service to its customers, and a highly effective environmental management system. The International Standards specify requirements for a quality and environmental management systems. The quality and environmental systems enable our organization to develop and implement policy, objectives, and processes that address and fulfill customer requirements while maintaining strict adherence to all legal and other environmental compliance requirements. This includes taking action to improve performance and demonstrate conformity of the ALC systems to the requirements of the International Standards.

Scope: The ALC intends to maintain certification of its BMS to include both the ANSI/ISO/ASQ Q9001:2008 Quality Management System (QMS) and ANSI/ISO/ASQ E14001:2004 Environmental Management System (EMS). As such, ALC seeks to continue registration of its integrated BMS through the required integrated QMS/EMS recertification audit during the March/April 2015 timeframe. In addition, ALC will seek to continue certification of its integrated BMS as ANSI/ISO/ASQ Q9001:2008 and ANSI/ISO/ASQ E14001:2004 compliant through surveillance audits in 2016-2017, recertification in 2018 and surveillance 2019. Subsequent surveillance and recertification audits (2016-2019) will be pursued through contracting option years. ALC may be pursuing additional certifications to the AS 9110 and OHSAS 18001 during this period of performance. Timeframes for these additional certifications will align with certification and surveillance schedules for existing certifications. The ability to certify our organization to all described standards is preferred. ALC is an aviation repair facility owned and operated by the Department of Homeland Security (DHS) and staffed with approximately 1,400 civilian, military, and contract employees. The operational hours of ALC consist of the majority of the workforce working on a day shift within the hours of 0645 – 1730 with the exception of approximately 2% that work a second shift within the hours of 1515 – 2400. Because ALC is a tenant command, much of the infrastructure does not fall under the scope of the certification. In addition, off-site contracted facilities and certain contracted processes are out of scope. ALC is responsible for overhauling and repairing aircraft, providing aircraft parts and equipment to the fleet, re-engineering and manufacturing of aircraft parts, performing multi-million dollar contracting actions, logistics support, providing technical engineering support, information services, and providing teams of personnel who provide on-site field assistance to Coast Guard air stations and deployed aircraft.

Government Furnished Property/Information: The Government will provide a work area including access to telephone, copier, fax machine and computer. The Government will provide transportation and guides in support of the auditing effort. Upon request or award, the Certification Body (CB) will be provided copies of current certification and three years of accepted corrective actions and audit reports accepted by the current CB.

CB Accreditations and Experience: The CB shall meet the following minimum accreditation and experience:

1. The CB shall be accredited through the American National Accreditation Program for Registrars of Quality Management Systems and Environmental Management Systems as administered by the ANSI-ASQ National Accreditation Board (ANAB) or other recognized equivalent accreditation bodies. The scope of this accreditation shall include requirements covered by IAF Code 21 for Aerospace (North American Industry Classification System (NAICS) Code 336413 for aircraft overhaul, repair and aviation component overhaul).

2. The CB shall have the capability of providing references that have achieved registration through their organization to ANSI/ISO/ASQ Q9001:2008, ANSI/ISO/ASQ E14001:2004, OHSAS 18001:2007 and AS 9110. The auditors working for the CB shall have experience in alignment with NAICS Code 336413 for aircraft overhaul, repair, and aviation component overhaul and repair.

3. The CB shall have participated in the registration audit of at least one U.S. government organization. CB experience certifying government aviation organizations is preferred. The auditors working on behalf of the CB are preferred to have participated in at least one aircraft facility certification audit for conformance to ANSI/ISO/ASQ Q9001:2008, ANSI/ISO/ASQ E14001:2004, OHSAS 18001:2007 and AS 9110 standards.

4. Members of the CB’s Audit Team shall be certified auditors. Auditors qualified in multiple standards is preferred including the ANSI/ISO/ASQ Q9001:2008, ANSI/ISO/ASQ E14001:2004, OHSAS 18001:2007 and AS 9110 standards. ALC utilizes a fully integrated business system. Utilizing dual system qualified auditors increases audit depth and aligns with local ALC audit techniques.

5. Audits under this contract will be performed aboard a DHS facility with special access requirements for foreign nationals. The CB shall be responsible for obtaining all special access clearances in a manner that will not affect scheduled performance for all personnel provided to work under this contract.

6. Capability to certify our organization to the following additional standards: AS 9110 and OHSAS 18001 are preferred. ALC is currently in the process of evaluating the benefits of these standards and plans to pursue one or more within the timeframe of this contract.

7. Availability of a CB provided interactive documentation/record system for retrieval and submission of Corrective/Preventive Actions, audit reports and other audit documentation is preferred.

Quality Assurance: The CB shall have a multi-layered appeals system through which ALC may appeal any ruling, determination or action of the CB relating to the auditing and/or registration processes.

Technical Requirements:

1. Integrated Management System Recertification: Prior to expiration of the current ANSI/ISO/ASQ Q9001:2008 and ANSI/ISO/ASQ E14001:2004 certificate of registration, ALC will contact the CB to begin discussions concerning the performance of a recertification audit. During this recertification process, ALC may also pursue certification to the BS OHSAS 18001:2007 Standard as an option. If awarded and following successful completion of the audit, the CB will recertify ALC as conforming to the requirements of the ANSI/ISO/ASQ Q9001:2008 and ANSI/ISO/ASQ E14001:2004 standards in addition to the OHSAS 18001:2007 standard if pursued. Certification to the OHSAS 18001:2007 standard shall be considered as an option. The recertification shall include the presentation of a Certificate of Registration to all standards pursued and the presentation of camera-ready artwork of the CB’s quality mark, those of the CB’s accrediting organization for use by ALC. The performance of this recertification audit shall be completed within a five day period and involve no greater than 70% of our organization.

2. Integrated Management System Surveillance Audits: The CB shall provide surveillance audits to ensure compliance and certification to ANSI/ISO/ASQ Q9001:2008, ANSI/ISO/ASQ E14001:2004 standards in addition to other certifications pursued. The next recertification/surveillance efforts will be accomplished through option years within this contracting effort. Exact dates shall be agreed between ALC and the CB. During the surveillance cycle, ALC may also pursue certification to the AS 9110 standard. This additional certification shall be considered an option.

Deliverables:

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(OCT 2014)

ADDENDUM

52.252-2 Clauses Incorporated by Reference (Feb 1998) This purchase order 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://www.acquisition.gov/far/index.html.

30 days prior to contract expiration

FAR 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 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 four years.

(End of clause)

HSAR 3052.204-71 Contractor Employee Access (Sep 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(e) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

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 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 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)

Contracting Officer’s Authority No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this purchase order. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this purchase order, and, notwithstanding any provisions contained elsewhere in this purchase order, said authority remains solely with the Contracting Officer. In the event the contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the purchase order price to cover any increase in cost incurred as a result thereof.

Inspection/Acceptance Inspection and acceptance shall be at destination.

Delivery

FAR 52.211-8 Time of Delivery (June 1997), Alternate III (Apr 1984)

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

Required Delivery Schedule

The Government will evaluate equally, as regards time of delivery, quotes that propose delivery of each quantity within the applicable delivery period specified above. Quotes that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when a quoter offers an earlier delivery schedule than required above. If the quoter proposes no other delivery schedule, the required delivery schedule above will apply.

Quoter’s Proposed Delivery Schedule

Contracting Officer’s Representative (COR)

a. The Contracting Officer hereby designates the following individual as the primary Contracting Officer’s Representative (COR) for this purchase order.

Mr. Steve Chesson

Quality Management Representative

Business Operations Division

USCG, Aviation Logistics Center

252-335-6936

b. In the absence of the primary COR named above, all responsibilities and functions assigned to the COR shall be the responsibility of the alternate COR acting on behalf of the primary COR. The Contracting Officer hereby appoints the following individual as the alternate COR:

Not applicable at this time

c. The COR will act as the Contracting Officer’s representative for technical matters (only), providing technical direction and discussion as necessary with respect to the statement of work, monitoring the progress and quality of the contractor performance.

The COR is not a Contracting Officer and does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, quality, place of performance, delivery schedule, personal services, or any other terms and conditions of the purchase order, or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the purchase order.

d. It is emphasized that only a Contracting Officer has the authority to modify the terms of the purchase order, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic purchase order between the contractor and any other person effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the purchase order is requested, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor (under such direction) unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

Place of Performance

The place of performance for this requirement is USCG, Aviation Logistics Center (ALC), 1664 Weeksville Road, Elizabeth City, NC 27909.

Period of Performance

This purchase order is for a base year with three one year option periods (if exercised).

Travel

As directed by the Contracting Officer, the contractor may be required to travel to various locations to effectively perform the requirements of this contract. The Government will reimburse the contractor for allowable travel and subsistence costs incurred by the contractor in performance of the contract and determined to be in accordance with FAR 31.205-46. No travel time shall be charged for work performed within a 50 mile radius of the ALC. Per Diem for travel on work assigned under this contract will be reimbursed to employees consistent with company policy, but not to exceed the amount authorized in the FAR 31.205-46.

In rendering the services, the contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist class rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Contracting Officer.

The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the contractor at the mileage rate allowed by the FAR 31.205-46. Distances traveled between points shall be shown in standard highway mileage guides. The contractor shall explain any deviations from distance shown in such standard mileage guides.

Failure to comply with the aforementioned may cause delays for payment and the invoice(s) may be returned for correction and/or clarification.

Vehicle Compliance

Motorcycle owner/operators shall comply with all installation requirements. The contractor employee shall maintain insurance on all privately owned vehicles (POV), the contractor shall maintain insurance on all contractor-owned vehicles brought on the installation property, including rental vehicles.

Parking and Traffic Control

The contractor and its employees shall abide by installation parking regulations. All vehicles shall be parked in designated parking areas only. The contractor and its employees shall conform to state and federal driving regulations and any applicable Coast Guard regulations.

Tobacco Policy

The Coast Guard prohibits the use of smoking tobacco and smokeless tobacco in the workplace in order to protect the health of all its workers. The workplace includes any area inside a building or facility over which the Coast Guard has custody and control where work is performed by active duty personnel, civilian employees, or personnel under contract to the Coast Guard.

The use of tobacco is prohibited in all Coast Guard government vehicles (including Cushman type), in all Coast Guard aircraft, floating unit, or any other aircraft contracted for use in the Coast Guard.

The use of tobacco products (smoking and smokeless) is permitted only in designated areas as defined in ALC Instruction 6280.1E (2) (b) (1-4).

End of 52.212-4 ADDENDUM

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (OCT 2014)

(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)).

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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). (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

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(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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(5) [Reserved]

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(6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)(Pub L. 111-117, section 743 of Div. C).

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(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)(Pub. L. 111-117, section 743 of Div. C).

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(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

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(10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

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(11) (i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

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(ii) Alternate I (NOV 2011) of 52.219-3.

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(12) (i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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(ii) Alternate I (JAN 2011) of 52.219-4.

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(13) [Reserved]

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(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

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(ii) Alternate I (Nov 2011).

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(iii) Alternate II (Nov 2011).

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

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

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

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(16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

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(17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637 (d)(4).)

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

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

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(iv) Alternate III (OCT 2014) of 52.219-9.

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(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

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(19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

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(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

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(22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

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(23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

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(24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

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(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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(27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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(28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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(29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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(31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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(33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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(34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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(35) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

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(ii) Alternate I (JUN 2014) of 52.223-13.

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(36) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

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(ii) Alternate I (JUN 2014) of 52.223-14.

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(37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

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(38) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.13423 and 13514).

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(ii) Alternate I (JUN 2014) of 52.223-16.

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(39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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(40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

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(41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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(ii) Alternate I (May 2014) of 52.225-3.

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(iii) Alternate II (May 2014) of 52.225-3.

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(iv) Alternate III (May 2014) of 52.225-3.

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(42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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(43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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(44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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(45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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(46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

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(47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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(48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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(49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

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(50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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(51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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(52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

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(53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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(7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

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(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C 1792).

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(9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.