USCG ALC MRS REPAIR SOLICITATION INFORMATION PACKET - FY20 - as of FAC-2020-04.pdf

USCG ALC MRS

Simplified Acquisitions Procedures

FY20 SOLICITATION INFORMATION PACKET

For Aircraft Component Repair/Overhaul Services

This Packet is current as of FAC 2020-04 EFFECTIVE JAN 2020 [Includes current DHS FAR Class Deviation 19-01 (applied only when and as applicable)]

THIS GENERAL INFORMATION PACKET FOR SAP SOLICITATIONS CONTAINS:

Example of Standard Commercial Repair/Overhaul Firm-Fixed-Price (FFP) information to include applicable Commercial Federal Acquisition Regulations Solicitation and Award Clauses.

Simplified Acquisitions Contracting Officer’s Explanatory Statement regarding the quote evaluation process.

Common Q&A for quoting USCG ALC MRS Repairs or Overhauls.

Simplified Acquisitions Contracting Officer’s Explanation: What makes a vendor Capable?

DHS FAR Class Deviation 19-01 (only to be applied as required)

Notice for Filing Agency Protests / USCG Ombudsman Program

THIS SECTION CONTAINS

APPLICABLE CLAUSES AND

GENERAL INFORMATION

REGARDING:

AIRCRAFT COMPONENTS

COMMERCIAL

REPAIRS OR

OVERHAULS

SIMPLIFIED ACQUISITIONS - COMMERCIAL REPAIR/OVERHAUL ADDENDA

This EXAMPLE is: $100K with Service Contract Labor Standards and Small Business Set-aside.

SPECIAL NOTICE: If there will be a proposed change in the Required Delivery Date, Quantity, or Scope of Work by the Vendor/Awardee, they must provide updated status to this order. The format for such may be informal. Such status update must be emailed directly to the Inventory Manager (IM) who initiated the request for this service and/or who is responsible for the management of this material, at [EMAIL ADDRESS OF INVENTORY MANAGER] and a copy to the contracting office representative of whom you received this purchase order. Ensure the SUBJECT LINE of your email is in the following format:

(Status + Purchase Order Number). Note that a lack of such reporting may or may not be a factor in future "Past Performance" Evaluations" and may create delays in processing any change requests.

CURRENT FAC IS APPLICABLE

Supplies furnished or Piece Parts used in repair/overhaul under this order must be new unless otherwise stated herein.

The contractor shall complete and sign the following certification, or if OEM attached their Certificate of Conformance, and attach one copy to the outside of the shipping container. Failure to comply with this requirement may result in USCG refusal to accept and/or pay for the items.

FAR 52.246-15 Certificate of Conformance Apr 1984 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:

https://www.acquisition.gov/far/index.html.

FAR 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 FAR 52.225-8 Duty Free Entry Oct 2010 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.247-34 F.O.B. Destination Nov 1991

52.247-29 F.O.B. Origin Feb 2006

Reimbursable Transportation for FOB Origin, Freight Prepaid Orders For material that is to be delivered f.o.b. supplier’s plant, shipment to destination(s) shall be prepaid and subject to reimbursement. The transportation cost shall be shown as a separate item on the invoice. If shipping charges exceed $100.00, they must be supported by a freight bill, a copy of which must accompany the invoice. Parcel Post shipment requires a notation on the invoice giving the mail rate and parcel zone.

52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) The Government may require the delivery of a numbered (additional) line item, identified in the schedule, in the quantity and at the price stated in the schedule. Via Modification to the contract, the Contracting Officer may exercise the option by written notice to the Contractor within one year from __Day__/_Month_/2020 to _Day_/_Month_/2021. Delivery of added item shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause) https://www.acquisition.gov/far/index.html

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items.

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—

COMMERCIAL ITEMS (JAN 2020).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) As prescribed in 12.301(b)(4), insert the following clause:

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).2004)

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

[Contracting Officer Check as appropriate.] NOTE: If not checked, not applicable.

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

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509)).

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

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). [Applies $30K+]

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section

743 OF DIV. C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note). [Applies $35K+]

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(10) [Reserved].

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

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

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

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

(13) [Reserved] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [$10+ or SCLS]

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9.

(iii) Alternate II (NOV 2016) of 52.219-9.

(iv) Alternate III (NOV 2016) of 52.219-9.

(v) Alternate IV (AUG 2018) of 52.219-9.

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

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

(22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2)). [Applies $10+]

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business

Concerns (DEC 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the

Women-Owned Small Business Program (DEC 2015) (15 U.S.C. 637(m)).

(25) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). [Supplies over $10K that are procured from FPI]

(26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).). [Acquisition of Supplies over

Micro-Purchase Threshold]

(27) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [Applies $10+ if 52.222-26 applies] (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246). [Apples $10+]

(ii) Alternate I (FEB 1999) of 52.222-26.

(29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793). [Applies $15K+]

(ii) Alternate I (JULY 2014) of 52.222-36.

(31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

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

(33)(i)52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (MAR ) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)

(35)(i)52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O.

13693).

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

(ii) Alternate I (OCT 2015) of 52.223-13.

(39)(i)52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). [Applies $10+]

(43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American— (MAY 2014) (41 U.S.C. chapter 83).

(47)(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, 108-77, 108-78, 108-286, 108-302, 109-53, 109- 169, 109-283, 110-138, 112-41, 112-42, and 112-43. [Applies to Supplies Only]

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

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

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

(48) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [Applies to Supplies Only]

(49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the

Office of Foreign Assets Control of the Department of the Treasury). [Applies to $10+ unless exception applies]

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007)(42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

[Applies $10+ if piece part procurement may involve ocean transportation]

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

(iii) Alternate II (FEB 2006) of 52.247-64.

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

[Contracting Officer Check as appropriate.]

(1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014)(E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [Applies to Services over

$2500 unless exempted]

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). [Applies to

Services over $2500 unless exempted]

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option

Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—

Requirements (MAY 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015). [Applies If SCLS applies]

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). [Applies If SCLS applies]

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015 (38 U.S.C. 4212)).

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

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG ) (41 U.S.C. chapter 67).2018(xiii)

(xiii) __(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627).

_(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.__(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.222-42 Statement of Equivalent Rates for Federal Hires. As prescribed in 22.1006(b), insert the following clause:

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

NOTE: Not applicable if the Service Contract Labor Standards are not applied.

THIS STATEMENT IS FOR INFORMATION ONLY;

IT IS NOT A WAGE DETERMINATION (Updated 10JULY2016)

Based on contracting agency’s local area – refer to https://www.cpms.osd.mil/Content/AF%20Schedules/survey-sch/140/140R-03Jul2018.html @ Step 2

Class & Wage (if applicable to this service)

AC0140R

At Last Issue 3 July 2018

Aircraft Mechanic I WG-10 23.69

Aircraft Mechanic II WG-11 24.87

Aircraft Mechanic III (Leader) WL-11 27.38

Aircraft Mechanic Helper WG-5 18.17

Aircraft Worker WG-8 21.39

Electrician, Maintenance WG-10 23.69 https://www.cpms.osd.mil/Content/AF%20Schedules/survey-sch/140/140R-03Jul2018.html

Electronics Technician, Maintenance I WG-11 24.87

Electronics Technician, Maintenance II WG-12 26.03

Electronics Technician, Maintenance III (Leader) WL-10 26.07

Fire Extinguisher Repairer WG-6 19.29

Sheet-Metal Worker, Maintenance I WG-10 23.69

Sheet-Metal Worker, Maintenance II WG-11 27.38

Sheet-Metal Worker, Maintenance III (Leader) WL-10 26.07

Fabric Worker, Maintenance WG-6 19.29

Painter, Auto / Aircraft WG-8 21.39

Welder, Combination, Maintenance WG-10 23.69

COMPLIANCE AND BENEFITS: As you have not claimed exemption in SAM.GOV under FAR Clause 52.222-48 or 52.222-52, your compliance with the Service Contract Labor Standards (SCLS) is mandatory. At the time of this award, refer to DOL Wage Determination ______________________________________________________________________ (Benefits) for your local area at website https://beta.sam.gov/search?index=wd&keywords=&sort=-modifiedDate&wdType=sca&page=1 for specific information regarding compliance. Along with thoroughly reviewing the referenced Local Area Wage Determination, ensure you review the Acquisition Alert Update at www.dol.gov/whd/govcontracts/eo13706 to ensure compliance as applicable. As it is the repair facility’s responsibility to ensure compliance with DOL’s Service Contract Labor Standards Wage Determination, if you have any questions, need additional guidance, or are unable to download the above wage determination to ensure compliance, contact the Contracting Officer for assistance.

HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSE 3052.222-90 (can be accessed electronically at (www.gpo.gov/fdsys/pkg/CFR-2007-title48-vol7/xml/CFR-2007-title48-vol7-sec3052-222-90.xml) (Check applicable)

NOTE: Not applicable if the Service Contract Labor Standards are not applied.

3052-222-90 LOCAL HIRE CLAUSE (Jun 2006)

Current State Unemployment Rate is GREATER than National Rate: Local Hire Clause APPLIES.

Current State Unemployment Rate is at or BELOW the National Rate: Local Hire Clause DOES NOT APPLY.

Environmental Requirements. All parts must be thoroughly cleaned IAW applicable Component Maintenance Manuals or FAA Advisory Circular 43-205, Guidance for Selecting Chemical Agents and Processes for Depainting and General Cleaning of Aircraft and Aviation Products, to ensure they are as free as practicable of all hazardous dust to include hexavalent chromium, cadmium, lead, etc., prior to being returned to ALC. ALC may take random samples of parts to ensure they are free as practicable of all hazards. Information on these hazards can be found in Occupational Safety and Health Standards 1910.1025 (lead), 1910.1026 (Hexavalent Chromium) and 1910.1027 (Cadmium).

Piece Parts used in Repairs and Overhauls – Shelf-Life. Unless otherwise authorized by the government, a part used in the repair or overhaul of a component that has an assigned shelf-life shall have a minimum of 85 percent remaining shelf-life at the time of the repair or overhaul.

QUALITY ASSURANCE

1.1 The Contractor shall, immediately upon discovery, notify and disclose conditions to the Contracting Officer of any event, supply change, material change, supply malfunction, counterfeit/suspect parts or materiel, defect or non-airworthy condition of any product or component used in the repair are found to potentially cause a non-conformity to the original specifications of this contract. The Government reserves the right to inspect any non-conforming https://beta.sam.gov/search?index=wd&keywords=&sort=-modifiedDate&wdType=sca&page=1 http://www.dol.gov/whd/govcontracts/eo13706 http://www.gpo.gov/fdsys/pkg/CFR-2007-title48-vol7/xml/CFR-2007-title48-vol7-sec3052-222-90.xml product or component. Therefore, the Contractor shall obtain approval from the Contracting Officer prior to the disposition of any non-conforming product or component.

1.2 The contractor’s quality control manual shall address in detail the contractor’s risk management, test, inspection, non-conforming product and counterfeit/suspect parts processes.

1.3 The Contractor shall immediately notify the Contracting Officer of any changes that potentially have an impact on the product. Changes may include but are not limited to products, processes, materiel, supplier sources, manufacturing facility location and personnel qualifications.

Upon notification of the change, the USCG will approve or deny the change. Facility location changes may require the Government to perform a facility inspection. The contractor shall allow the Government access to all applicable areas of the contractor’s facilities to ensure compliance with contractual requirements. In the event that the change is not approved by the USCG, the contract, delivery order or task order may be cancelled or terminated in accordance with

FAR.

1.4 The contractor shall retain all records in accordance with FAR 4.7 Contractor Records Retention. The contractor shall be required to permit Government access to applicable records retained at any level of the supply chain.

1.5 Unless otherwise specified, the Contractor shall flow down all requirements in this contract to their supply chain, to include all subcontractors and suppliers.

CERTIFICATE OF CONFORMANCE: If repaired by the OEM, the OEM’s Certificate of Conformance (COC) is acceptable. If not repaired by OEM, vendor shall use the COC format as outlined IAW FAR 52.246-15 Certificate of Conformance (Apr 1984). With exception of an actual USCG recognized OEM IAW FAR 46.504, the COC must comply with the language in FAR 52.246-15. Discrepancies in wording or failure to submit COC will result in delays of acceptance of material and payment of invoices.

FAR 52.246-15 CERTIFICATE OF CONFORMANCE APR 1984

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced.

Shipment of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

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: _______________________________________________________________________________

TRACEABILITY. Traceability means that the contractor must be able to show a clear documented, auditable paper trail for ownership and transfer of each part from the OEM or approved PMA originator (if approved in advance by USCG ALC MRS Engineering) to the final vendor.

Vendor is the OEM. Traceability of piece parts is not required.

Traceability of replacement piece parts is required.

PACKING INSTRUCTIONS

GENERAL (Applicable to all Orders/Line Items)

1. The contractor shall comply with ASTM D 3951-10 Standard Practice for Commercial Packaging with the exceptions as stated herein. Components shall be packaged sufficiently to afford maximum protection from damage in transit and from corrosion.

2. If special packaging is required by the Component Maintenance Manual (CMM), the Contractor shall follow those instructions.

3. The Coast Guard Aviation Logistics Center is a supply depot; therefore material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air or sea.

4. Packaging Material shall NOT consist of the following; popcorn, shredded paper, Styrofoam of any type or peanut packaging.

5. If traceability to OEM (Original Equipment Manufacturer) is required, documentation of such proof to traceability must be included with the item in its shipment container.

(The following are applicable as annotated) ___Check if HAZMAT (MSDS Required)

STANDARD PACKING INSTRUCTIONS: Standard Packaging is applicable for

The Entire Order Line Item(s) ________________________________________

1. Each part/component (each individual item, not line item) shall be individually packed in a separate envelope, box, carton or crate.

2. Each individual container shall be labeled on the outside and each individual part/component shall be labeled on the inside with *National Stock Number, *Part Number, *Serial Number, Quantity, Nomenclature (name of item), Line Item Number, and Purchase Order Number. The Material Inspection and Receiving Report (i.e. Commercial Packing Slip, DD250, etc.) and Certificates of Conformance shall be placed on the outside on individual containers.

3. Internal Packaging Material must be sufficient to prevent damage during shipment, handling, and storage, and shall NOT consist of the following; popcorn, shredded paper, Styrofoam of any type or peanut packaging. Preservation protection must be sufficient to prevent corrosion, deterioration, and decay during warehouse storage for a period of not less than one (1) year.

* This requirement is not applicable if none assigned.

THIS SECTION CONTAINS

GENERAL PROCESS

INFORMATION

REGARDING:

Our Quote Evaluation Process

Helpful Q&A for Repairs

Determining Capable Vendors

DHS FAR Class Deviation 19-01

USCG Ombudsman Program

UNITED STATES COAST GUARD AVIATION LOGISTICS CENTER

MEDIUM RANGE SURVEILLANCE CONTRACTING / SIMPLIFIED ACQUISITIONS

IMPORTANT NOTE: The words “Repair” and “Overhaul” are interchangeable for the purpose of this document.

Our quote evaluation process pertains to the use of verbal quotes (to include email) under $25K, a Special Notice of Intent to Award ($15K to $25K), or an over $25K Combined Synopsis/Solicitation posted on FBO.GOV for firm-fixed-price component repairs/overhauls, or in rare circumstances, when insufficient service history exists, an average repair price estimate subject to firm-fixed-pricing after Teardown, Test, and Evaluation (TT&E). The HC27J Aircraft is considered a military aircraft, not a commercial aircraft. Although the HC-144 Aircraft is considered a commercial aircraft, through militarization, it is not available for sale to the commercial world in its complete U. S. Coast Guard configuration, but a commercial base model is available for commercial sale by the Aircraft OEM. While some systems are not, many systems on the HC-144 are compatible to their comparable commercial counterpart and those components and their repair services would be considered available by the OEM to the commercial world and therefore a commercial procurement at a firm and fixed service price.

1. USCG ALC MRS EVALUATION PROCESS OF A QUOTE RECEIVED PROPOSING A “COMMERCIAL FIRM-FIXED-PRICE” REPAIR.

USCG ALC MRS will first determine that the component repair (service) process can be considered “Commercial” in accordance with the guidelines as defined in the Federal Acquisitions Regulations and the Government Contract Reference Book 2007©, by ensuring that the quoted Firm-Fixed-Price is available to the commercial world for the same service, and that such price is not subject to change after the Test, Teardown, and Evaluation (TT&E) of the component. Unexpected increases in market prices of required piece parts in the standard repair as directed by the applicable OEM service data will not be considered an exception for Firm-Fixed-Pricing. Firm-fixed-price quotes must be based on the current OEM, or if included a special statement of work, repair/overhaul data parameters.

USCG ALC MRS must be able to determine a FFP Repair Quote as Fair and Reasonable based on competition, and/or available government repair history and/pr service history as provided by the quoting party, and that it is more cost effective to the government to pay an upfront firm-fixed-price for such repair over a post TT&E exact quoted repair price.

2. USCG ALC MRS EVALUATION PROCESS OF A QUOTE RECEIVED PROPOSING A NOT-TO-EXCEED TT&E AND ESTIMATED

REPAIR COST” QUOTE FOLLOWED BY A POST TT&E ACTAUL FIRM-FIXED-PRICE REPAIR QUOTE.

USCG ALC MRS will first determine that the component repair (service) does not reasonably appear to meet the criteria of a upfront firm-fixed-pricing, and that the specific work proposed to be done is unique to that specific component as required by the government, directly or indirectly, and the vendor cannot be expected to reasonably determine the firm-fixed-service price prior to performing TT&E. IMPORTANT NOTE: USCG ALC MRS has determined that the “Commerciality” of the service is determined by the citing the availability of the same process TT&E + Firm-Fixed-Price Quote process to the Commercial World.

USCG ALC MRS must be able to determine that the proposed quote encompasses a post evaluation TT&E + REPAIR price and is determined to be “Fair and Reasonable in comparison to historical data and factoring the cost of buying new.

3. Capable Vendors may submit a Firm-Fixed-Price Repair Quote, a Not-To-Exceed (Average) Repair Quote, or both.

Firm-Fixed-Price Repair Quotes are preferred. Additional options under Not-To-Exceed (i.e. with certain stipulations) may also be submitted. However, firm-fixed-price quotes must be based on the current OEM, or if included a special statement of work, repair/overhaul data parameters. While Low Price Technically Acceptable is the preferred selection method, the USCG ALC MRS Simplified Acquisitions Team will weigh all quotes received and will award based on mission requirements and what quote they believe offers the best overall value to the government.

REPAIRS: HELPFUL INFORMATION THROUGH Q&A

(A USCG ALC MRS GUIDE TO QUOTING AIRCRAFT COMPONENT REPAIRS UNDER THE SIMPLIFIED ACQUISITION THRESHOLD)

Vendors often have questions regarding aircraft component repairs and overhauls. With frequent changes to the Federal Acquisition Regulations (FAR) it’s not surprising. Rather than writing a comprehensive guide that would only serve to reiterate what is already written in the FAR and other agency instructions, below are answers to commonly asked questions that will help you to navigate through these sometimes murky waters.

Q: What is Simplified Acquisition Procedures (SAP) or Simplified Acquisitions?

A: Simplified Acquisitions is the procurement of supplies or services which fall below the FAR’s established threshold (i.e. Simplified Acquisition Threshold or SAT). The current SAT is $250K (higher under very special specific circumstances). The key word to remember is “simplified” although it may not seem so at times.

Many of the FAR Clauses required in formal government contracting (procurements over the SAT) are not required in SAP and in some cases are considered unlawful to apply. The government views the exclusion of such formal clauses as a means of reducing the administrative burden associated with processing, and to provide, a means for expeditious processing. The government has determined that the administrative cost savings associated with doing business under Simplified Acquisitions far outweigh any benefit gained from the more formal contract method. Philosophically: The more detailed a Simplified Acquisition becomes, the farther we move away from the key philosophy of being good stewards of taxpayer money.

Q: Officially, what is the difference between a Repair and an Overhaul?

A: The best explanation can be found in FAR Part 22.1003-6 (repair distinguished from remanufacturing of equipment). However, it can be explained relatively simply through two key points as follows: IAW current Original Equipment Manufacturer (OEM) data, the government, not the vendor, determines if it is a repair or overhaul. The FAR dictates a very thorough list of requirements be met before a component repair can actually be deemed an overhaul. Therefore, the majority of component servicing will be considered repairs.

Q: If it is a repair, when are the Service Contract Labor Standards (SCLS); formerly the Service Contract Act or SCA, required to be applied to a service Purchase Order?

A: Under Firm-Fixed-Price Commercial Procurement, the SCLS is applied to all component service orders. The two exceptions are the procurement of the service is less than $2500.00, or, the OEM or their Sole Authorized Repair Facility is the only available proprietary repair source and has formally claimed exemption. In such circumstances, they must formally claim exemption in accordance with FAR 22.1003-4(d)(2)(vii) from compliance with the SCLS. Simple Templates for Certificates of Exemption are available upon request.

Q. What is the difference between a Commercial Repair and an Other-Than-Commercial Repair?

A: Under Simplified Acquisitions Procedures, the FAR allows Contracting Officers a certain amount of latitude when determining whether a service is considered commercial or other-than-commercial. Through common-sense deduction, one must start with the definition of “Commercial Item” as outlined in FAR 2.101 and how such equates to “Commercial Component Repair or Overhaul Services”. USCG ALC MRS determines “commerciality” by the availability of the vendor’s service process to the Commercial World. A common misconception is that an item designated a “Commercial Item” would therefore be a Commercial Repair. Such is not always the case. In actuality, they are two distinctly different designation scenarios. To synopsize, the commerciality of the repair process, not the component or the upfront service price itself, determines whether the repair is considered Commercial. Therefore, in most cases, a repair/overhaul service will be considered commercial, and under rare circumstance where an unproiced order is necessary, the words, if used on the purchase order, “Not-To-Exceed” will not automatically be considered Other-Than-Commercial.

REPAIRS: HELPFUL INFORMATION THROUGH Q&A (Continued)

Q: When referred to in the same document as the OEM, what is the meaning of PAH or Production Approval Authority?

A: PAH is the holder of a Production Certificate (PC), approved Production Inspection System (APIS), a Part Manufacturer Approval (PAH), or a Technical Standard Order (TS) authorization. This entity controls the design and quality of the product or part. The holder or a production certificate must meet specifics certain requirements IAW 14 CFR 21.146.

Q: With regard to Shipping Charges, from a contracting perspective, what is the difference between FOB (Free On Board) Origin, and FOB Destination?

A: If the quote is FOB Origin, the vendor has not incorporated the cost of return shipping to the Coast Guard in the individual repair price of the item, and you will be showing the shipping charge as a separate line item on your final invoice. If you quote FOB Destination, you have already incorporated the price of the return shipping in the price of the repair, and no separate shipping and handling charges will be on the final invoice.

Q: With regard to repairs/overhauls, what is meant by the statement “vendor must be deemed capable?

A: When dealing with aircraft components, installation of a wrong or defective component or part can result in a loss of mission readiness, an expensive asset, and more importantly, it’s Aircrew. Any vendor (except the OEM or PAH) repairing Coast Guard Aircraft Components must have their own facility, be FAA 145 certified, and perform at least 50% of the work at their company’s FAA certified facility. Therefore, due to Airworthiness and Chain of Custody requirements, Coast Guard Aircraft Components cannot be “farmed out” to other facilities by a non-facility entity. Unless otherwise directed by the Contracting Officer, Awards for repairs or overhauls will only be awarded to service vendors that Coast Guard Engineers or Equipment Specialists have fully vetted (desk audits, site visits, etc…) and have determined them “capable” to perform the required work on site at that contractor’s own facility.

*IMPORTANT NOTE: Factoring budget forecast requirements, when in receipt of evaluation (TT&E Only) or baseline price quotes only, the government reserves the right to award a purchase order based on the government’s estimate of the repair or overhaul as applicable based on the government’s historical pricing data.

ON USING, OR BEING PROVIDED, THE U.S. COAST GUARD AS A BUSINESS REFERENCE: Many vendors cite the government in their business references. While they are entitled to do so, we are not permitted to directly comment, nor provide a professional or personal opinion, regarding another vendor’s Work Quality, Delivery Time, Past Performance, etc… For such information, please refer to the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov for such information. RE: FAR 3.104-2(b)(4)(5) and FAR 5.401.

http://www.ppirs.gov/

Aircraft Component Repairs: Determining a Service Vendor’s Capability to perform these services for the USCG ALC MRS HC-144 or HC27J Aircraft.

If you have never been determined “capable of performing repairs or overhauls” for us, and would like the U. S. Coast Guard Aviation Logistics Center Medium Range Surveillance Division (USCG ALC MRS) to consider your company for future aircraft component repairs or overhauls, the following information is required.

IMPORTANT NOTE: With exception of the Aircraft OEM or Component Production Approval Authority (PAH), a capable service vendor must be deemed capable by USCG ALC MRS Division’s Engineering Department and therefore must be an FAA Certified Service Facility, and/or an OEM Approved Service Facility, be in legal possession of all current OEM data required to complete the servicing (repair/overhaul), and be able to certify that final assembly and testing will be conducted at their facility (NOT a sub-contractor’s facility). Our Equipment Specialists and/or Engineers evaluate a company’s capability to perform repairs on government owned components or provide replacement parts IAW current U. S. Government regulations. NOTE: In this process, the USCG does not “approve” nor “determine the eligibility of” any vendor. The USCG only evaluates vendor capabilities to perform the services required to meet the USCG’s mission.

While the following may not be all inclusive, at a minimum a Capable Repair/Overhaul Vendor must:

o Perform at least 51% of the repair/overhaul at their company’s facility, not sub-contract it out.

o Be able to provide the following certifications:

o FAA o OEM (If applicable) o ISO registration (If registered) o If OEM or the exclusive OEM Repair Facility, a Service Contract Labor Standards

Exemption Certificate, if applicable, IAW the Federal Acquisition Regulations (MRS Contracting can provide a pre-approved blank SCA Exemption Certificate if requested).

o Be able to prove possession of the applicable OEM Technical Data and/or Component Maintenance Manual reference(s) and revision(s) date for the component requiring repair and/or overhaul.

o Be able to prove they have a secure storage area for government material while at their facility.

o Be able to provide OEM traceability/certifications, and Federal Aviation Administration Flight Worthiness Certificate FAA 8130-3-3-3 or Certificate of Conformance (COC). Note: FAA 8130-3- 3-3 is preferred.

o Be able to prove piece parts are factory new and available, or if PMA piece parts and not factory new, that approval has been granted for use of PMA parts by the ALC MRS Engineering Officer.

NOTE: For FAA Product Manufacturing Authority (PMA) parts, a complete data package proving that the part(s) meets or exceeds the original part’s Form, Fit, & Function requirements. Data package must be submitted to USCG ALC MRS Engineering Officer for review.

USCG ALC SAP Contracting Officer – 6DEC2017

DHS FAR Class Deviation 19-01

Small Business Concerns

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01).

Insert the following clause in solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set aside for any of the small business concerns identified in 19.000(a)(3), as described in 8.405-5 and 16.505(b)(2)(i)(F):

Contracting officers shall use the alternates to FAR clauses 52.219-6 and 52.219-7 prescribed at FAR 19.508 with the deviation clauses below.

Notice of Total Small Business Set-Aside (DEVIATION 2019-01)

(a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of…