SOLICITATION.doc

HSCG40-08-B-50001

All questions regarding this solicitation MUST be submitted IN WRITING. You may either fax your questions to Ashley Pezeshkian at (410) 762-6056 or e-mail them to Ashley.A.Pezeshkian@uscg.mil. NO inquiries will be answered verbally!

Government forms, as contained in the table of contents of the solicitation, can be accessed electronically from the Forms Library at http://www.gsa.gov/formslibrary. Standard Form LLL, Disclosure of Lobbying Activities MUST be submitted with your proposal.

Bids received in response to this Sealed Bid, must be received at the following address prior to the date and time established for receipt of proposals.

U.S. Coast Guard Engineering Logistics Center

Auxiliary Systems Acquisition Branch (Code 045)

Mail Stop 26, Bldg. 31, 2nd Floor

2401 Hawkins Point Road

Baltimore, MD 21226-5000

Packages containing bids must be clearly addressed and identified with the Solicitation Number.

THIS SOLICITATION IS SET ASIDE 100% FOR SMALL BUSINESS

Ombudsman Notice

Notice for Filing Agency Protests

It is the policy of the Coast Guard 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 General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 with the contracting officer or Ombudsman.

Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to seek resolution of their concerns within the 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 urgent and compelling reasons 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 at 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. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below:

Commandant (CG-851)

2100 2nd Street, SW, Room 2606 Washington, D. C. 20593 Telephone (202) 372-3692 Fax: (202) 372-3949

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

BASE YEAR:

EST UNIT TOTAL

CLIN DESCRIPTION

QTY PRICE AMOUNT

B.0.1 For Approval, GFE inspection and report in accordance with specification P-243-0211 Section

1 EA

*NSP

NSP

3.1.4.

B.0.2 For Approval, Straightening

Procedures in accordance with

Specification P-243-0211, Section 3.2.1 Revision I

(Change 1).

1 EA NSP NSP

B.0.3 For Approval, Quality Assurance

Plan in accordance with specification P-243-0211, Section 4.1.1.

1 EA NSP NSP

B.0.4 For Approval, Test and

Inspection/Test Reports on each

Shaft, in accordance with

Specification P-243-0211

Section3.8.1.

40 EA NSP NSP

B.0.5 Stock No. 2010-01-445-7940;

Shaft, Propulsion;

manufactured, tested, inspected, preserved, packed, marked, and shipped in accordance with

Specification P-243-0211.

40 EA

B.0.6 GOVERNMENT FURNISHED PROPERTY

Ring & Plug Gauge Set, NSN 5220-01-F06-0800; To be returned to destination at the expiration of this contract.

1 SET NSP NSP

B.0.7 Government Property Reports in accordance with

HSAR 3052.245-70(JUN 2006)

1 EA NSP NSP

*NSP (Not Separately Priced)

OPTION YEAR 1:

EST UNIT TOTAL

CLIN DESCRIPTION QTY PRICE AMOUNT

B.1.1 For Approval, GFE inspection

B.1.2 For Approval, Straightening

NSP NSP

B.1.3 For Approval, Quality Assurance

B.1.4 For Approval, Test and

Section 3.8.1.

30 EA NSP NSP

B.1.5 Stock No. 2010-01-445-7940;

Shaft, Propulsion;

30 EA

B.1.6 GOVERNMENT FURNISHED PROPERTY

Ring & Plug Gauge Set, NSN 5220-01-F06-0800; To be returned to destination at the expiration of this contract.

1 SET NSP NSP

B.1.7 Government Property Reports in accordance with

HSAR 3052.245-70(JUN 2006)

1 EA NSP NSP

*NSP (Not Separately Priced)

OPTION YEAR 2:

EST UNIT TOTAL

B.2.1 For Approval, GFE inspection

B.2.2 For Approval, Straightening

B.2.3 For Approval, Quality Assurance

B.2.4 For Approval, Test and

B.2.5 Stock No. 2010-01-445-7940;

Shaft, Propulsion;

30 EA $_____ $______

B.2.6 GOVERNMENT FURNISHED PROPERTY

Ring & Plug Gauge Set, NSN 5220-01-F06-0800; To be returned to destination at the expiration of this contract.

1 SET NSP NSP

B.2.7 Government Property Reports in accordance with

HSAR 3052.245-70(JUN 2006)

1 EA NSP NSP

*NSP (Not Separately Priced)

OPTION YEAR 3:

EST UNIT TOTAL

B.3.1 For Approval, GFE inspection

B.3.2 For Approval, Straightening

B.3.3 For Approval, Quality Assurance

B.3.4 For Approval, Test and

B.3.5 Stock No. 2010-01-445-7940;

Shaft, Propulsion;

30 EA $______ $______

B.3.6 GOVERNMENT FURNISHED PROPERTY

Ring & Plug Gauge Set, NSN 5220-01-F06-0800; To be returned to destination at the expiration of this contract.

1 SET NSP NSP

B.3.7 Government Property Reports in accordance with

HSAR 3052.245-70(JUN 2006)

1 EA NSP NSP

*NSP (Not Separately Priced)

OPTION YEAR 4:

EST UNIT TOTAL

B.4.1 For Approval, GFE inspection

B.4.2 For Approval, Straightening

B.4.3 For Approval, Quality Assurance

1 EA

NSP NSP

B.4.4 For Approval, Test and

B.4.5 Stock No. 2010-01-445-7940;

Shaft, Propulsion;

30 EA $______ $______

B.4.6 GOVERNMENT FURNISHED PROPERTY

Ring & Plug Gauge Set, NSN 5220-01-F06-0800; To be returned to destination at the expiration of this contract.

1 SET NSP NSP

B.4.7 Government Property Reports in accordance with

HSAR 3052.245-70(JUN 2006)

1 EA NSP NSP

*NSP (Not Separately Priced)

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

The Contractor shall perform in accordance with:

1. Specification number P-243-0211 dated 12/96, Rev I (Change 1), 07/07 entitled “Propulsion Shaft Purchase Specification for 110 WPB (AQ17)” (See Attachment J.1 at the end of this document), AND

2. Specification number D-000-100 REV G, dated 02/06, entitled “Bar Coding for US Coast Guard Engineering Logistic Center Material.” (See Attachment J.2), AND

3. Drawing number 110 WPB 243-006, REV. A, dated 21 April 1997, 110 WPB A, B, and C Classes, Propulsion Shafting Details (See attachment J.3).

SECTION D

PACKAGING AND MARKING

D.1 Packaging and Marking.

Preservation, packaging, packing and marking shall be performed in accordance with Specification number P-243-0211 dated 12/96, Rev I (Change 1), 07/07 entitled “Propulsion Shaft Purchase Specification for 110 WPB (AQ17)”(Attachment J.1) and Specification number D-000-100 REV G, dated 02/06, entitled “Bar Coding for US Coast Guard Engineering Logistic Center Material” (Attachment J.2).

D.2 Marking of Warranted Items.

Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (i) a brief statement that a warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective.

D.3 Packing List.

All material shipped or delivered to the U.S. Coast Guard under this contract must be accompanied by an itemized packing list that cites the proper contract number. Each packing unit shall have a list of all items contained in that unit, and a duplicate list shall be attached to the outside of the package in a waterproof envelope securely attached in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

D.4 Bar Coding.

Bar Coding shall be provided in accordance with Paragraph 5.5 of Specification Number P-243-211 dated 12/96, Revision I (Change 1) 07/07, “Propulsion Shaft Purchase Specification For 110 Foot WPB (AQ17),” and Specification Number D-000-100, “Bar Coding for U.S. Coast Guard Engineering Logistics Center Procured Material” dated 02/06, Revision G.

D.5 Note.

Failure to prepare for shipment any item and/or mark all packages, boxes, etc., as indicated above may result in rejection of the shipment and return of the shipment at the contractor's expense.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 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 address: WWW.ARNET.GOV

NUMBER CLAUSE DATE

52.246-2 Inspection of Supplies - AUG 1996 Fixed-Price.

52.246-15 Certificate of Conformance. APR 1984 52.246-16 Responsibility for Supplies. APR 1984

E.2 Material Inspection and Receiving Report.

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form

700-21 Material Inspection and Receiving Report (MIRR). The receiving report must include:

- An authorization number such as the contract, DHS Form 700-21 (MIRR), or delivery order number

- Product or service description including contractual document line item number

- Quantities shipped, if applicable

- Date(s) property or services accepted

- Signature, printed name, title, phone number, and mailing address of the receiving official

One (1) copy of DHS Form 700-21 (MIRR) shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information Only".

E.3 U.S. Coast Guard Inspection. (Origin)

U.S. Coast Guard inspection of the supplies or services to be furnished herein shall be made by representatives of the Government at the Contractor or Subcontractor's plant. The place or places designated for such actions may not be change the without authorization of the Contracting Officer. The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements. The Contractor must notify the U.S. Coast Guard no later than 7 (seven) days in advance when scheduling the inspection.

E.4 Government Acceptance. (Destination) Acceptance will be made by a Government representative at destination. Acceptance will be contingent upon the representative's certification of no damage in transit, correctness and completeness of order, and contractor's conformance to preservation, packing, and marking requirements.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 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 address: WWW.ARNET.GOV

52.211-17 Delivery of Excess Quantities. SEP 1989 52.242-17 Government Delay of Work. APR 1984 52.247-34 F.o.b. Destination. NOV 1991

F.2 FAR 52.211-8 Time of Delivery. (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

Base Year and Corresponding Option Year CLIN’s:

CLIN

QUANTITY WITHIN

B.0.1

B.0.2

REVIEW

15 calendar days for Coast Guard Review.

B.0.3

B.0.4

1 EA

30 calendar days after date of contract award.

60 calendar days after issuance of each delivery order.

REVIEW

B.0.5

30 days after final approval of CLIN B.0.4.

B.0.6 1 SET To be returned upon completion of contract.

B.0.7

To be submitted no later than

September 15 of each calendar year that contractor is in receipt of

GFE.

*To be identified on each delivery order.

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

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Base Year and Corresponding Option Year CLIN’s:

CLIN

QUANTITY WITHIN

B.0.1

B.0.2

REVIEW

calendar days for Coast Guard Review

B.0.3

B.0.4

1 EA

calendar days after date of contract award.

calendar days after issuance of each delivery order.

REVIEW

B.0.5

days after final approval of CLIN B.0.4.

B.0.6 1 SET To be returned

Upon completion of contract.

B.0.7

To be submitted no later than

September 15 of each calendar year that contractor is in receipt of

GFE.

*To be identified on each delivery order.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding:

(1) five calendar days for delivery of the award through the ordinary mails; or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered non-responsive and rejected.

F.3 FAR 52.211-16 Variation in Quantity. (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

[0] Percent increase [0] Percent decrease

This increase or decrease shall apply to all items.

F.4 Place of Delivery - Destination.

Contract Line Item Numbers (CLIN's) B.0.5 and B.0.6 and corresponding option year CLIN’s shall be delivered to the address listed below:

Receiving Room, Building #88

2401 Hawkins Point Road Baltimore, MD 21226-5000

M/F: Contract No. *

M/F: Delivery Order No. **

Contract Line Item Numbers (CLIN's) B.0.1 through B.0.4, and B.0.7, and corresponding option year CLIN’s, shall be delivered to the address listed below:

Auxiliary Systems Acquisition Branch, (Code 045)

2401 Hawkins Point Road

Bldg. 31, 2nd Floor, M/S 26

Baltimore, MD 21226-5000

M/F: Contract No. *

M/F: Delivery Order No. **

*To be furnished at time of contract award.

**To be provided with the issuance of each separate delivery order.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 Address of Correspondence.

All correspondence except as otherwise specified shall be directed to the following address:

Auxiliary Systems Acquisition Branch, M/S 26 2401 Hawkins Point Road, Bldg. 31, 2nd Floor Baltimore, MD 21226-5000 M/F: Contract No. *

M/F: Delivery Order No. **

G.2 Invoicing Requirements: Firm-Fixed-Price Contracts.

(a) All information set forth in FAR Clause 52.232-25, PROMPT PAYMENT (SEE SECTION I), must be included in an invoice for it to constitute a proper invoice:

(b) An original invoice shall be submitted to the following designated payment office:

Original to: U.S. Coast Guard YARD P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract No. *

M/F: Delivery Order No. **

Failure to submit directly to this office will delay prompt payment of your invoice.

* To be furnished at time of award.

**To be furnished upon issuance of a delivery order.

G.3 Electronic Funds Transfer.

Any payment that we make to you will be made by electronic funds transfer unless you certify in writing that you do not have an account with a financial institution or an authorized payment agent.

G.4 Additional Invoice Requirements. (JULY 1996) In addition to the requirements of clause 52.232-25, PROMPT PAYMENT (MAR 1994) the contractor shall indicate the Taxpayer Identification Number (TIN) on any invoice submitted for payment under this contract/order.

G.5 Invoice and Payment Information for Contractors

The Data Universal Numbering Systems (DUNS) number is the primary identifier in the Central Contractor Registration (CCR). Contracts are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor’s best interest to ensure that the DUNS number is recorded on every invoice submitted to the U.S. Coast Guard.

Effective 01 January 2002, all Coast Guard vendors must be registered in Central Contractor Registration (CCR) System in order to be awarded a contract. For more information on CCR and to register online, simply visit the CCR web site:

http://www.ccr.gov or call the Coast Guard Finance Center Customer Service line at (757) 523-6940.

G.6 Unauthorized Instructions From Government Personnel. (APR 1984)

(a) The Contractor will not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the Contracting Officer, or the Contracting Officer's Representative acting within the limits of his authority. Contracting Officer's Representative will also be designated in writing to the Contractor, and the scope of his authority will be set forth therein.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the U.S. Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instrument or referenced drawings and/or specification herein.

G.7 Responsible Official(s) Who Can Receive Notification of an Improper Invoice and Answer Questions Regarding the Invoice.

For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding this invoice.

Name: ______________________________

Title: ______________________________

Address: ______________________________

Telephone Number: ______________________________

G.8 Contract Administration.

The Contracting Officer or his authorized representative, located at the U.S. Coast Guard Engineering Logistics Center, Baltimore, MD 21226, will be the Contract Administrator of the contract - Telephone Number: (410) 762-6416, Ashley Pezeshkian.

G.9 Government Representatives.

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner.

G.10 Payment Address.

Indicate below the address to which payment should be mailed if address is different from that stated in Block 15 of the Standard Form 33:

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Required Standard of Workmanship.

Unless otherwise specifically provided in this contract, the quality of all services rendered hereunder shall conform to the highest standards in the relevant profession, trade or field of endeavor. All services shall be rendered by or supervised directly by individuals fully qualified in the relevant profession, trade or field, and holding any licenses required by law.

H.2 Commercial Warranty.

The Contractor agrees that the supplies or services furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such supplies and services and that the rights and remedies provided to the Government by law or by any other clause of this contract.

If the item(s) required in a contract, resulting from this solicitation are customarily warranted in the trade by a Standard Commercial Warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any Standard Commercial Warranty provided shall be identical to the Standard Commercial Warranty normally offered by the Contractor to the Contractor's most favored customers.

Offerors are requested to state the terms and conditions of their Standard Commercial Warranty in the space provided below. If a Standard Commercial Warranty is not applicable, state "none"

If the contractor's organization, as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor to submit to the Contracting Officer, upon delivery of these items, said certificate.

H.3 Oral Ordering.

Orders may be placed orally by the Contracting Officer, by giving the Contractor an authorized Delivery Order Number, Contract Line Item Number (CLIN), and a funding limitation. Written confirmation of the oral order shall be forwarded to the Contractor not later than five (5) days after its issuance.

H.4 Ordering Activity.

Any supplies to be furnished under this contract shall be ordered by issuance of a delivery order by the following activity:

U.S. Coast Guard Engineering Logistics Center

Auxiliary Systems Acquisition Branch

2401 Hawkins Point Road

Baltimore, MD 21226-5000

H.5 Government Furnished Property.

RING AND PLUG GAUGE SET, NSN 5220-01-F06-0800

Estimated Weight: 400 lbs.

Estimated Value: $13,200.00

H.6 Government Furnished Property Discrepancy Report

REPORT OF NONCONFORMING/DISCREPANT GOVERNMENT FURNISHED MATERIALS (Attachment J.5)

(a) Should any items provided as government furnished property under this contract/order fail to conform to the requirements of the contract/order, the contractor shall complete and return the attached form regarding discrepancies about any government furnished property to the Contracting Officer within 10 calendar days after receipt of the items. The report may be generated electronically provided there is no change to the name, content and sequence of the data elements. The electronically generated form may be sent to the Contracting Officer via electronic transmission.

(b) Upon receipt of the Report of Discrepancy, the Contracting Officer, as the Property Administrator, shall provide disposition instructions to the contractor within 10 calendar days after receipt of the report.

(c) Reports of discrepancy shall be distributed as follows; a copy retained for the official acquisition file, the item manager will receive a copy for action, information copies shall be provided to Codes 041, 043 and 03 (Carl Landau).

SECTION I

CONTRACT CLAUSES

I.1 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 address: WWW.ARNET.GOV.

NUMBER CLAUSE DATE

52.202-1 Definitions. JUL 2004 52.203-3 Gratuities. APR 1984 52.203-5 Covenant Against Contingent Fees. APR 1984 52.203-6 Restrictions on Subcontractor Sales to the Government. SEP 2006 52.203-7 Anti-Kickback Procedures. JUL 1995

52.203-8 Cancellation, Rescission, and Recovery of funds for Illegal or Improper

Activity.

JAN 1997

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. JAN 1997 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. SEP 2007 52.204-4 Printed or Copied Double-sided on Recycled Paper.

AUG 2000

52.204-7

Central Contractor Registration.

JUL 2006

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. SEP 2006 52.211-5 Material Requirements. AUG 2000 52.211-15 Defense Priority and Allocation

Requirements.

SEP 1990

52.214-26 Audit and Records--Sealed Bidding. OCT 1997

52.214-27 Price Reduction for Defective Cost or Pricing Data - Modifications - Sealed Bidding. OCT 1997 52.214-28 Subcontractor Cost or Pricing Data

- Modifications - Sealed Bidding OCT 1997

52.214-29 Order of Precedence - Sealed Bidding.

JAN 1986

52.216-2 Economic Price Adjustment – Standard

Supplies

JAN 1997

52.219-6 Notice of Total Small Business Set-

Aside. JUN 2003

52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns.

MAY 2004

52.219-14 Limitations on Subcontracting. DEC 1996

52.222-19 Child Labor-Cooperation with

Authorities and Remedies. AUG 2007

52.222-20 Walsh-Healey Public Contracts Act. DEC 1996

52.222-21 Prohibition of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity. MAR 2007

52.222-35 Equal Opportunity for Special Disabled Veterans, Vietnam Era, and

Other Eligible Veterans.

SEP 2006

52.222-36 Affirmative Action for Handicapped Workers with Disabilities. JUN 1998 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era and other Eligible

Veterans. SEP 2006

52.222-50 Combating Trafficking in Persons

AUG 2007

52.223-6 Drug-Free Workplace. MAY 2001

52.223-14 Toxic Chemical Release Reporting. AUG 2003 52.225-1 Buy American Act-Supplies. JUN 2003

52.225-13 Restrictions on Certain Foreign

Purchases.

FEB 2006

52.227-1 Authorization and Consent. JUL 1995 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. AUG 1996 52.227-3 Patent Indemnity. APR 1984

52.227-14 Rights in Data - General. JUN 1987 52.229-3 Federal, State, and Local Taxes. APR 2003 52.232-1 Payments. APR 1984 52.232-8 Discounts for Prompt Payment. FEB 2002 52.232-11 Extras. APR 1984 52.232-17 Interest. JUN 1996

52.232-23 Assignment of Claims. JAN 1986

52.232-25 Prompt payment. OCT 2003 52.232-33 Payment by Electronic Funds Transfer-

Central Contractor Registration. OCT 2003 52.233-1 Disputes. -- Alternate I (DEC

1991) JUL 2002

52.233-3 Protest After Award. AUG 1996 52.233-4 Applicable Law for Breach of Contract

Claim.

OCT 2004

52.242-13 Bankruptcy. JUL 1995 52.243-1 Changes - Fixed-Price. AUG 1987

52.244-6 Subcontract for commercial items

MAR 2007

52.245-1 Government Property. JUN 2007

52.245-9 Use and Charges.

JUN 2007

52.246-23 Limitation of Liability. FEB 1997

52.248-1 Value Engineering. FEB 2000 52.249-2 Termination for Convenience of the Government (Fixed-Price). MAY 2004

52.249-8 Default (Fixed-Price Supply and APR 1984 Service).

52.253-1 Computer Generated Forms. JAN 1991

I.2 FAR 52.204-1 Approval of Contract. (DEC 1989)

This contract is subject to the written approval of Chief of Contracting Office and shall not be binding until so approved.

I.3 FAR 52.216-18 Ordering. (OCT 1995)

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

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

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

I.4 FAR 52.216-19 Order Limitations. (OCT 1995)

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

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

(1) Any order for a single item in excess of fifteen (15) Propulsion Shafts;

(2) Any order for a combination of items in excess of fifteen (15) Propulsion Shafts; or

(3) A series of orders from the same ordering office within thirty (30) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.5 FAR 52.216-21 Requirements. (OCT 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the

Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the

Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of the last delivery order placed before the expiration date of the contract.

I.6 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 one (1) day prior to the expiration of the contract; provided, that the Government shall give 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 provision.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

I.7 FAR 52.244-6 Subcontracts for Commercial Items (MAR 2007)

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained in Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.

(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212(a));

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39).

(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.8. 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.

I.9 HSAR 3052.242-71 Dissemination of Contract Information (DEC 2003) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. An electronic or printed copy of any material proposed to be published or distributed shall be submitted to the Contracting Officer.

I.10 HSAR 3052.215-70 Key Personnel and Facilities (DEC 2003)

(a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

Personnel:

Name

Title

Facilities:

I.11 HSAR 3052.245-70 Government Property Reports (JUN 2006)

(a) The Contractor shall prepare an annual report of Government Property in its possession and the possession of its subcontractors.

(b) The Report shall be submitted to the Contracting Officer not later than September 15 of each calendar year, on DHS Form 0700-5, Contractor Report of Government Property.

I.12 HSAR 3052.242-72 Contracting Officer’s Technical Representative (DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

SECTION J

LIST OF ATTACHMENTS

ATTACHMENT

DESCRIPTION

NUMBER OF PAGES

J.1 Specification Number P-243-0211, Revision I (Change 1), 07/07 “Propulsion

Shaft Purchase Specification for 110

WPB (AQU17)

J.2 Specification Number 4330-D-000-100, dated 10/91, Revision F 06/00, Bar

Coding for U.S. Coast Guard Engineering

Logistics Center Procured Material. 8

J.3 Drawing Number 110 WPB 243-006, dated

21 April 1997, 110 WPB A, B, & C

Classes Propulsion Shafting Details. 1

J.4 DHS Form 0700-21, Contractor Report of Government Property. 1 J.5 Government Furnished Property Discrepancy

Report

J.6 Standard Form LLL, Disclosure of

Lobbying Activities. 2

NOTE:

Attachments J.1 through J.3 and J.5 are located with this document on www.fedbizzopps.gov.

Copies of Attachments J.4 and J.6 can be obtained electronically by accessing the Forms Library at www.gsa.gov/formslibrary.

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS.

K.1 FAR 52.252-1 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 this address: www.arnet.gov

NUMBER PROVISION DATE

52.204-6 Data Universal Number System (DUNS) OCT 2003

Number.

52.222-21 Prohibition of Segregated FEB 1999 Facilities.

K.2 FAR 52.204-8 Annual Representations and Certifications (Jan 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 332111 .

(2) The small business size standard is 500 employees .

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

K.3 FAR 52.207-4 Economic Purchase Quantity - Supplies. (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM QUANTITY QUOTATION TOTAL

(c) The information requested in this…