Engine _Gas_Turbine_Terms_and_Conditions_Revised_2_Posting.doc

HSCG38-15-Q-300048

Terms and Conditions Solicitation Provisions

FAR 52.252-1

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at: https://acquisition.gov/far.

(End of provision)

FAR 52.212-3

Offeror Representations and Certifications—Commercial Items (May 2014)

Alternate I of 52.212-3 (May 2014)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://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.

FAR 52.212-1

Instructions to Offerors—Commercial Items (Apr 2014) Addenda

(c) The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

Additional Addenda:

Quotes shall be submitted on company letterhead and include the following information:

· Solicitation Number;

· Contractor’s name, address, telephone and DUNS;

· Terms of standard commercial warranty and terms of any extended warranty offered;

· Quote shall include FOB Destination;

· Remit to address if different than the mailing address;

· Agreement with the terms and conditions specified herein;

· Evidence of Federal Aviation Administration (FAA) certification, Original Equipment Manufacturer (OEM) certification or US Air Force certification must be submitted with the quote. Award will not be delayed pending receipt of source approval.

· Contractor shall provide a copy of a current DLA Logistics Information Service (DLIS) Registration, DD 2345. Statements that the Contractor is in the process of obtaining the DLIS registration are not acceptable and will result in the removal of the quote from further consideration. Missing copies of the DLIS Registration will also result in removal of the quote from further consideration.

FAR 52.212-2

Evaluation – Commercial Items does not apply. Quotes will be evaluated in accordance with FAR 13.106-2. The basis for award rests with the determination of fair and reasonable pricing and an affirmative determination of responsibility.

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (Dec 2014) Addenda

FAR 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/these address(es): https://acquisition.gov/far.

(End of clause)

FAR 52.203-17

Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014)

FAR 52.204-7

System for Award Management (Jul 2013)

FAR 52.211-15

Defense Priority and Allocation Requirements (Apr 2008)

FAR 52.232-40

Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

FAR 52.219-28

Post Award Small Business Program Representation ( July 2013)

(g) If the Contractor not does have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to compete the following representation and submit it to the contracting office, along with the contract number and the data on which the representation was completed: The Contractor represents that it FORMCHECKBOX is, FORMCHECKBOX is not a small business concern under NAICS code 336413 assigned to HSCG38-15-Q-300035.

Signature

Date

[Contractor to sign and date and insert authorized signer’s name and title.]

FAR 52.252-6 Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Home Land Security Acquisition Regulation (48 CFR 30) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause) Department of Homeland Security Clauses

HSAR 3052.212-70

Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012)

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 provision and clauses are incorporated by reference:

Provisions: None

Clauses:

HSAR 3052.247-42

F.o.b. Destination Only (Dec 2003)

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 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 clause)

Additional Addenda Items:

Inspection/Acceptance. Inspection and acceptance shall be performed by USCG ALC’s Quality Assurance (QA) personnel at destination Deliveries. The Coast Guard desires early deliveries at no additional cost to the Government.

Material Inspection and Receiving Report. At the time of each delivery, the contractor shall prepare and furnish a properly completed DD Form 250, Material Inspection and Receiving Report or commercial shipping document. The shipping document shall include the NSN, Part Number, Serial Number, Quantity, Contract/Order Number, and Line Item Number. One copy of the shipping document shall be firmly affixed to the outside of the shipping container and one copy packed with the item.

Certificate of Conformance. A Certificate of Conformance in accordance with FAR 52.246-15(d) is required with each component. One copy of the certificate shall be packed with the individual component and one firmly affixed to the outside of the shipping container. A sample is provided as an attachment.

Packing, Marking and Preservation. The offeror shall comply with ASTM D9351-10 (August 1, 2011), Standard Practice for Commercial Packaging. Packaging, packing and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG air stations without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any kind, or peanut style packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage.

Noncompliance of Packaging, Marking and Preservation. The contractor will be notified by the Contracting Officer when non-compliances with any of the requirements specified for packaging, marking and preservation are noted such that corrective action can be taken. The contractor shall, within 24 hours after notification, give the Contracting Officer instructions for correcting deficiencies identified. If the contractor elects to correct deficiencies, the contractor shall bear all shipping costs. If the contractor elects for the Government to correct the deficiencies, the Contracting Officer will issue a modification to recoup costs of correction.

Warranty. Unless otherwise specified, the contractor’s standard commercial warranty shall apply to this requirement at no additional cost to the Government. Quotes submitted must include a detailed description of any offered warranty, including its duration and limitations.

Correspondence: All correspondence, unless otherwise specified in writing, shall be directed to the following address:

USCG Aviation Logistics Center (ALC)

Attn: Contracting Officer

LRS Product Line, Elizabeth City, NC 27909

Invoicing Instructions: Invoices shall be submitted to the following address:

Chief, Fiscal Branch USCG Aviation Logistics Center (ALC)

Elizabeth City, NC 27909-5001

Order Number:

To be assigned at award

Electronic submission of invoices is highly encouraged. Invoices maybe submitted electronically at ALC-Fiscal@uscg.mil.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items ( Dec 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:

FORMCHECKBOX

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

FORMCHECKBOX

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).

FORMCHECKBOX

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

FORMCHECKBOX

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

FORMCHECKBOX

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

FORMCHECKBOX

(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

FORMCHECKBOX

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

FORMCHECKBOX

(30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

FORMCHECKBOX

(31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

FORMCHECKBOX

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

FORMCHECKBOX

(33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

FORMCHECKBOX

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

FORMCHECKBOX

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

FORMCHECKBOX

(42) (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).

FORMCHECKBOX

(44) 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).

FORMCHECKBOX

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

Certificate of Conformance IAW FAR 52.246-15(d)

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: ____________________________________________