Provisions - 70Z03823RB2000005.pdf

Attachment 3 – Provisions – 70Z03823RB2000005

Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation

(HSAR) Provisions

The provisions contained herein are applicable to any order awarded as a result of this solicitation.

52.212-1 Instructions to Offerors - Commercial Items. (Nov 2021)

This Provision applies to this acquisition and paragraph (c) is tailored with the following addendum:

(c) Period for Acceptance of Offers - The offeror agrees to hold the prices in its offer firm for

120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Addendum

Completion of FAR Provisions

The offeror shall complete the applicable box in paragraph (d) for FAR 52.204-24 and the applicable box in paragraph (b) for 52.209-7 and return with the quotation.

Submission of Small Business Subcontracting Plan

Offerors classified as a Large Business under the North American Industry Classification System

(NAICS) code 488190 are required to submit a Small Business Subcontracting Plan with their initial proposals or at any other time prior to award. A Commercial Plan approved by another

Government Agency is acceptable. Approved Commercial Plans must include a copy of the approval letter.

Proposal Submission Requirement

Proposal shall be submitted on the excel spreadsheet titled Attachment 1 -

70Z03823RB2000005 - Schedule.

Offerors shall check the applicable box in paragraph (d) of the following provision.

52.204-24 Representation Regarding Certain Telecommunications (Nov 2021) and Video Surveillance Services or Equipment.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Nothing in the prohibition shall be construed to— https://www.acquisition.gov/far/part-52#FAR_52_204_25

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

https://www.sam.gov/

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

Offerors shall check the applicable box in paragraph (b) of the following provision. If the offeror checks “has” in paragraph (b), FAR Clause 52.209-9 cited in FAR Clause 52.212-5 will be incorporated in the resulting contract.

52.209-7 Information Regarding Responsibility Matters. (Oct 2018)

(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 proceedings 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, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-2- Evaluation of Commercial Items (Nov 2021) is not applicable to this acquisition. In lieu of this provision, proposals will be evaluated in accordance with FAR 15.3 based on the criteria listed below:

Evaluation Criteria/Lowest Price Technically Acceptable (LPTA) Factor

Recommendations: The Government will make award to the LPTA offeror with acceptable or neutral past performance. Only the lowest price offer will be evaluated for Technical

Acceptability. Should the lowest price offer not receive an acceptable technical rating, the process will continue in order of lowest price offer until the lowest prices, technically acceptable offer is identified.

Factor 1: Technical Acceptability

Technical Acceptability 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 an adequate proposal that meets all requirements listed in the Statement of Work (SOW) and demonstrates a thorough knowledge and understanding of the requirements.

1. Offerors shall be a Federal Aviation Administration (FAA) Part 145 Repair Station

Certificate or European Aviation Safety Agency (EASA) Part 145 Approved Repair Facility for the Dynamic Components listed in the Schedule of Services, and shall provide documentation of certification with their submitted proposal. The Contractor shall maintain all certifications throughout the duration of the contract.

2. Responsible Contractors are limited to ALC SRR Engineering and OEM approved

Maintenance Repair and Overhaul (MRO) facilities. Only the authorized MRO facilities will repair these components. Components repaired by another Contractor may result in dangerous conditions and compromise the integrity of the aircraft; therefore, no alternate components will be considered for this requirement.

3. Offerors shall be compliant with an FAA Form 8130-3 Airworthiness Approval Tag or

EASA Form 1 Air Worthiness Certification and shall be able to obtain the required technical and engineering data from the OEM. Contractor must provide:

a. AIRBUS MRO (Maintenance Repair and Overhaul facility) Technical

Assessment Certificate

b. Proof of Staff Qualification Certificates from mechanics, which are qualified by AHF, via training

c. AIRBUS Training Report(s)

4. Contractor must provide proof of an established supply chain with the OEM for those parts required to be purchased through the OEM AND proof of enrollment in OEM technical publication subscription and compliance with tech publication audit requirements, if any, as set forth by the OEM with their proposal. Components repaired and delivered to the

Government shall be certified airworthy and ready for installation on a USCG aircraft.

5. The offeror shall be qualified by the OEM and provide a Visual Dimension Inspection (VDI) report.

Note: Failure to provide FAA or EASA, and OEM repair facility certification as stated above with items 2, 3, and 4, with a submitted proposal, may result in the proposal being removed from award consideration.

Evaluation criteria are below:

Technical Acceptability Ratings Descriptions

Acceptable Based on the offeror’s proposal, the Government has a high expectation that the offeror will meet the requirements identified.

Unacceptable Based on the offeror’s proposal, the Government has low or no expectation that the offeror will be able to meet the requirements identified.

Factor 2: Past Performance

Past Performance will be evaluated to assess the confidence in the offeror’s ability to fulfill the solicitation requirements. The evaluation will consider the offeror’s demonstrated record of relevant performance in performing the required services and will consider areas of quality, meeting delivery schedules, compliance with contractual requirements, and customer satisfaction. Relevant is defined as performing Dynamic Component repair services as stated in the solicitation to other government and/or commercial entities. If an offeror has no relevant past performance history, the offeror must affirmatively state that it possesses no relevant past performance history. If an offeror does not have a record of relevant past performance or past performance information is either unavailable or so sparse that no meaningful rating can be reasonably assigned, the offeror will receive a Neutral rating.

The Government intends to also use information available from past contracts/purchase orders with the USCG, delivery information found in USCG’s Asset Logistics Management

Information System (ALMIS), and any information found using sources such as Federal government sources, Past Performance Information Retrieval System (PPIRS)/Contractor

Performance Assessment Reporting System (CPARS).

The evaluation criteria are below:

Past Performance Ratings Descriptions

Acceptable Based on the offeror’s past performance record, the

Government has a high expectation that the offeror will successfully perform the requirements identified.

Unacceptable Based on the offeror’s past performance record, the

Government has a low or no expectation that the offeror will successfully perform the requirements identified.

Neutral Confidence Offeror does not have a past performance record.

Factor 3: Price

It is requested that the offeror provides Attachment 1 titled “Schedule – 70Z03823RB20000005” with their proposal. The preferred FOB point for shipments under this requirement is FOB destination. Proposals submitting FOB Origin terms should include all applicable customs, duties, taxes, and shipping charges. Any proposal providing FOB Origin terms that does not provide this information will be removed from consideration for award.

Prices will be evaluated to determine fair and reasonableness. The Government will evaluate prices for each contract period of performance including escalation rates between contract periods. The Government may determine that a proposal is unacceptable if the option period prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option.

It is DHS policy that pricing for competitive acquisitions should be based on adequate price competition. However, in the event only one responsible Offeror is obtained as a result of this solicitation, that Offeror may be required to submit Data Other than Certified Cost or Pricing

Data (FAR 15.403-3) to support price negotiations.

Offerors are required to submit a completed Schedule attached to the solicitation as an Excel spreadsheet. Failure to submit the price proposal in the Excel document may result in the proposal being removed from award consideration.

(End of Provision)

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2022)

X Alternate I of 52.212-3. (Oct 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this 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: Terrie L. Pickard

1664 Weeksville Road

Building 75

Elizabeth City, NC 27909 https://www.sam.gov/portal

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

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. Also, the full text of a solicitation provision may be accessed electronically at Internet address http://acquisition.gov/far/index.html.

The following provisions are incorporated by reference and are addendum to FAR 52.212-

1:

52.204-7 System for Award Management. Oct 2018

52.204-16 Commercial and Government Entity Code Reporting. Aug 2020

52.217-5 Evaluation of Options. Jul 1990