Terms_and_Conditions_-_HSCG38-14-Q-200031.docx

TERMS AND CONDITIONS

HSCG38-14-Q-200031

The following clauses and provisions are included:

52.212-1 Instructions to Offerors - Commercial Items Jul 2013

Service Contract Act The Service Contract Act will apply to any contracts awarded through this solicitation, unless the contractor certifies that all elements found in FAR 52.222-51 will be met. IAW FAR 22.1009-4, the place of performance for this contract is currently unknown. The Contracting Officer has determined one possible places of performance and has included a Wage Determination as an attachment to this solicitation. The Contracting Officer will obtain wage determinations for additional possible places of performance if asked to do so in writing at isaac.l.brothers@uscg.mil. Offerors must request additional wage determinations no later than (date and time will be 2 days before solicitation close). Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit quotations. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

Evaluation Criteria The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. This contract is expected to be awarded on a sole source basis to Hamilton Sundstrand Aviation Services Inc., however if offers are received from any other offeror, quotes will be evaluated in accordance with Federal Acquisition Regulation (FAR) 13.106-2 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government.

Price: The offeror shall provide pricing as requested in the attached spreadsheet titled “HSCG38-14-Q-200031 Requirements”. Any quantity price discounts and discounts for prompt payment should be included in this section.

Technical Capability: Technical Capability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the offeror to provide a sound, compliant approach that meets all requirements listed in the SOW and demonstrates a thorough knowledge and understanding of the requirements.

The offeror must provide the following minimum information and documentation with their quotations:

· Ability of the offeror to meet the Delivery requirements listed in Section 9 of the SOW.

· Detailed explanation of any requirement listed in the SOW that cannot be successfully accomplished by the offeror.

· FAA 145 Repair Station Certificate (or equivalent EASA certificate), Department of Defense, Original Equipment Manufacturer (OEM), and/or USCG certification in accordance with (IAW) Section 1 of the SOW.

· Proof of the ability to obtain the required Component Maintenance Manuals (CMMs) IAW Section 2 and 4 of the SOW and all subsequent updates (letter from the OEM showing offeror has access to the CMMs will suffice).

· ISO 9001-2000 Quality Management Systems – Requirements or equivalent certificate.

· Completed Aviation Logistics Center (ALC) Survey Form.

Past Performance: The Government may use information available from past contracts/purchase orders with the USCG, any Past Performance information the offeror provides with the quotation, 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. Recent is defined as work performed within the last three (3) years from the date of the solicitation. Relevancy is defined as services performed that are similar in nature, size, magnitude, complexity and scope. 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.

Evaluation Method:

Only the lowest priced offer will be evaluated for Technical Capability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer with acceptable or neutral past performance is identified.

Statement of Work

1. Components furnished hereunder shall be returned by the contractor in an airworthy condition and in all respects suitable for installation USCG aircraft. Certification and documentation requirements apply (Certificate of Conformance (COC), and FAA or EASA equivalent). The contractor shall provide immediate notification to the Contracting Officer upon loss of any required certifications.

2. Components shall be repaired in accordance with (IAW) Federal Aviation Regulation Parts 43 and 145 or IAW Component Maintenance Manual (CMM).

3. A DD Form 1577-2, Unserviceable (Repairable) Tag-Material, or a CG-1577-A (11-90), Unsatisfactory Report Tag, will be attached to each Not Ready for Issue (non-RFI) component describing faults. Components shall be repaired to correct the specific fault(s) identified.

4. The contractor shall also perform a visual and technical inspection in accordance with the current applicable CMM and correct all additional deficiencies found. This shall include replacement of broken parts and the removal of any foreign matter or corrosion.

5. Components returned for repair shall be overhauled when the Time-Since-Overhaul (TSO) is equal to or greater than 60% of the scheduled Time-Between-Overhaul (TBO) recommended by the Original Equipment Manufacturer (OEM). However, in no case shall the price specified on the order be exceeded without written authorization from the Contracting Officer.

6. Corroded parts shall be replaced, except in those cases where removal of corrosion from a part will not impair the efficiency or safe operation of the part. Corrosion removal and treatment of affected areas will be accomplished in accordance with the OEM specifications (or best commercial practices if not addressed by the OEM).

7. Replacement Parts. Parts found to be defective shall be replaced as specified in the OEM's current procedures or as otherwise authorized in writing by ALC Engineering Division. Replacement parts shall be new and accompanied with OEM traceability.

8. ALC considers components ready for issue (RFI) upon acceptance. Components determined to be non-RFI upon installation may be returned to the contractor with deficiencies described in a Product Quality Deficiency Report (PQDR).

9. The USCG requires delivery of all items 180 days after receipt of material. Early deliveries are acceptable.

10. Services shall be performed only by Federal Aviation Administration (FAA) AND OEM approved OR USCG-approved contractors. All repairs must be in accordance with the OEM manuals. Any deviations must be approved by the USCG. USCG approval must be in writing and be available upon request from the Contracting Officer. The contractor shall:

- Comply with the certification/documentation requirements specified herein.

- Attach certifications/documentation to the outside of the shipping container.

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) 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 Sep 2013

Shipping Instructions:

Items shall be shipped to the following address:

Deliveries or Performance:

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 estimated shipping costs are included.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Nov 2013)

X__ (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).

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

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

X__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

X__ (14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

X___(23) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

X__(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__(27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Nov 2013) (E.O. 13126).

X__(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X__(29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X__(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X__(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X__(32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X__(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X__(34) 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.)

X__(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

X__(42) 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).

X__(48) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

*These two clauses will apply unless the contractor certifies that all elements found in FAR 52.222-51 will be met.

X__(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

X__(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

This Statement is for Information Only:

It is not a Wage Determination

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.

The following are applicable when checked:

__HSAR 3052.222-90 Local Hire (USCG) Jun 2006

Full Text Clauses

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of Clause)

Full Text Provisions 52.209-7 – Information Regarding Responsibility Matters. Jul 2013

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant.

It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

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)

52.233-2 Service of Protest Sep 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USCG ALC SRR Division ATTN: Tabitha L. Callon 1664 Weeksville Road Hangar 75 Elizabeth City, NC 27909

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

Full Text Homeland Security Acquisition Regulation (HSAR) Clauses

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

X _ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

HSAR Provisions

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 an acquisition described in section 835(b)(1) 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 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(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)