Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 06, 2013 FBO #4304
SOLICITATION NOTICE

16 -- TT&E/REPAIR OF MMR PROCESSOR

Notice Date

9/4/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-13-Q-300061
 

Archive Date

9/25/2013
 

Point of Contact

Deborah J. Glass, Phone: 252-384-7184, Bekki E Clark,
 

E-Mail Address

deborah.j.glass@uscg.mil, bekki.e.Clark@uscg.mil
(deborah.j.glass@uscg.mil, bekki.e.Clark@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for non commercial items prepared in accordance with the format in FAR Subpart 13.302-2, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This requirement will be satisfied using commercial acquisition procedures. Solicitation number HSCG38-13-Q-300061 is assigned to this procurement for tracking purposes only and is issued as a Request for Quotation (RFQ). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-69. This is an unrestricted solicitation. All responsible sources may submit a quotation which shall be considered by the agency. The North American Industry Classification System Code is 336413. The government intends to issue a Not to Exceed (NTE) Purchase Order on an other than full and open competition basis to EDO Corporation as a result of this solicitation. EDO Corporation owns the exclusive proprietary rights to the technical and design data required to Test, Teardown, Evaluate, and Repair MMR Processor, part number 1021J400-001. All responsible sources may submit a quotation which shall be considered by the agency. DESCRIPTION OF THE REQUIREMENT: The Coast Guard will ship one (1) each MMR Processor to EDO Corporation for Test, Teardown, Evaluate and Repair, part number 1021J400-001, and NSN: 5841-01-HS2-0459 in accordance with (IAW) the original equipment manufacturer (OEM) repair manual referenced in the statement of work (SOW) included with this solicitation. Line Item 2: Repair MMR Processor within established Not to Exceed (NTE) price. If the repair amount, as supported by the applicable Test, Teardown, and Evaluation (TT&E) report exceeds the ceiling amount provided for each line item the contractor shall not proceed. Prior authorization from the contracting officer via a modification to the Purchase Order is required. P/N: 1021J400-001 NSN: 5841-01-HS2-0459 Qty: 1 Each Line Item 3: Test, Teardown, and Evaluation (TT&E) MMR Processor, part number 1021J400-001. The contractor shall submit a Test, Teardown, and Evaluation (TT&E) report that details parts, labor hours/rates required to bring unit back to “Ready for Issue” (RFI) status. Report shall be sent to Brian.W.McGowan@uscg.mil for assessment. P/N: 1021J400-001 NSN: 5841-01-HS2-0459 Qty: 1 Each REQUIREMENT: This work shall include repair and overhaul of all related components and include replacement of missing or broken parts and the removal of any foreign matter or corrosion. Broken parts are to be expected when items are in F condition (See SOW). Contractors can also expect some consumable parts missing, normally hardware. Missing consumable parts are NOT considered cannibalized. Entire assemblies/repairable components should not be missing and if they are see paragraph 4.0 of SOW for instruction. Serviceable and Replacement Parts: Parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be re-used. Missing parts or parts found to be defective shall be replaced with new parts that meet or exceed the OEM Manual. Only new replacement parts with traceability to the Original Equipment Manufacturer (OEM) are acceptable for this requirement. Delivery: Required delivery is one hundred twenty (120) days after receipt of material (ARM). Earlier deliveries are acceptable at no additional cost to the Government. Shipping: All components shall be delivered to: USCG Aviation Logistics Center Receiving Section Bldg 63 1664 Weeksville Rd. Elizabeth City, NC 27909 The following FAR provisions and clauses are incorporated: FAR 52.212-1Instructions to Offerors - Commercial Items (Jul 2013) tailored in accordance with FAR 13.302(a) The System for Award Management (SAM) is a Federal Government owned and operated free web site that consolidates the capabilities of CCR/FedReg, ORCA, and EPLS. Contractors must be registered in SAM.gov. Not To Exceed (NTE) Price Quotations shall reference the solicitation number: HSCG38-13-Q-300061, indicate the nomenclature, national stock numbers (NSN), part numbers (P/N), unit pricing, any payment, delivery and shipping terms, and shall be in the English language and in U.S. Dollars. Quotes shall also include Offeror’s Cage Code, copy of OEM Certification and any payment discounts, which will be used for the payment of invoices. Payment discounts are not evaluated as part of the price evaluation. FAR 52.211-14Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (Apr 2008); DO-N5 Rated Order FAR 52.212-2Evaluation - Commercial Items (Jan 1999) The provision at FAR 52.212-2 Evaluation of Commercial Items is NOT applicable to this solicitation. In lieu of this provision the following evaluation procedures shall be used: Quotes will be evaluated in accordance with FAR Part 13.106-2 Evaluation of Quotations or Offers. Technical Acceptability: Quotes must include copies of the following documents to be technically acceptable. 1) Copy of the latest known version AFTO cover sheet 2) Copy of a valid FAA Certification or an OEM Certification 3) Airworthiness Certificate equal/equivalent to the FAA 8130 form Past Performance: Past performance will be evaluated for the quality of the contractor’s performance, timeliness of delivery and customer satisfaction so that performance risk can be assessed. The government reserves the right to use past performance information obtained from other sources such as Contractor Performance Assessment Reporting System (CPARS) and Government personnel who are experience with the offerors performance. Price: Quotes shall be in the English Language, in US Dollars and be firm fixed price. Quotes shall also include applicable payment terms and payment discounts which will be used only for payment of invoice purposes. Payment discounts are not evaluated as part of the price evaluation. F.o.b. Destination quotes are preferred; however, an F.o.b. Origin, Freight Prepaid quote will be acceptable provided the quotation includes an estimate of shipping costs, size dimensions, and weight, which will be added to the quoted price for evaluation purposes to arrive at the total cost to the Government. FAR 52.212-3Offeror Representations and Certifications-Commercial Items (Aug 2013) X Alternate I of 52.212-3 (Apr 2011) An Offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at https://www.acquisition.gov If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. FAR 52.212-4Contract Terms and Conditions-Commercial Items (Jul 2013) Addendum: FAR 52.212-4Contract Terms and Conditions-Commercial Items (Jul 2013) FAR 52.252-2Clauses 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 52.246-15Certificate of Conformance (Apr 1984) Packaging Instructions: 1.Packaging requirements are best commercial procedures in compliance with ASTM D 3951-98 (2004) and CFR 49 with exceptions as stated herein. 2.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. 3.Packaging material shall NOT consist of the popcorn, shredded paper, Styrofoam of any type or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year. 4.OEM Traceability documentation and Airworthiness Certificates required by this Purchase Order must be included with the item in its shipment container. 5.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 (COC) shall be placed on the outside on individual containers. 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Aug 2013) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). 0 Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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.] 0 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 0 (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). 0 (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). 1 (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 0 (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5). 1 (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). 0 (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). 1 (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). 0 (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). 0 (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). 0 (11) [Reserved] 0 (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). 0 (ii) Alternate I (Nov 2011). 0 (iii) Alternate II (Nov 2011). 0 (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). 0 (ii) Alternate I (Oct 1995) of 52.219-7. 0 (iii) Alternate II (Mar 2004) of 52.219-7. 0(14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). 0 (15) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4).) 0 (ii) Alternate I (Oct 2001) of 52.219-9. 0 (iii) Alternate II (Oct 2001) of 52.219-9. 0 (iv) Alternate III (July 2010) of 52.219-9. 1 (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). 0 (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). 0 (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). 0 (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). 0 (ii) Alternate I (June 2003) of 52.219-23. 0 (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). 0 (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). 1 (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it 0 is, 0 is not a small business concern under NAICS Code __________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer’s name and title]. 0 (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). 0 (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). 1 (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). 1 (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 1 (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). 1 (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 0 (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). 0 (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 0 (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.) 0 (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.) 0 (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.) 0 (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 0 (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). 0 (ii) Alternate I (Dec 2007) of 52.223-16. 1 (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). 1 (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). 0 (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). 0 (ii) Alternate I (Mar 2012) of 52.225-3. 0 (iii) Alternate II (Mar 2012) of 52.225-3. 0 (iv) Alternate III (Nov 2012) of 52.225-3. 0 (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 1 (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 0 (43) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). 0 (44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). 0 (45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). 0 (46) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 0 (47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). 1 (48) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (49) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). 0 (50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332). 0 (51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 0 (52) (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). 0 (ii) Alternate I (Apr 2003) of 52.247-64. 0 (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 0 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (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.] 0 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). 0 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 0 (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). 0 (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). 0 (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). 0 (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). 0 (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). 0Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 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. (End of Clause) 52.232-99 -- Providing Accelerated Payment to Small Business Subcontractors (DEVIATION 2012-00014) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSE HSAR 3052.209-70Prohibition 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 thecriteria 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. (End of provision) The closing date and time for receipt of quotations is: 10 Sept 2013 at 3:00 pm. EST. Point of Contract: Deborah Glass, telephone responses will NOT be accepted. Quotes shall be sent to: deborah.j.glass@uscg.mil Please indicate HSCG38-13-Q-300061 in the subject line of email. Secondary point of contact is Bekki.e.clark@uscg.mil. STATEMENT OF WORK 1.0 Scope. The U.S. Coast Guard (USCG) requires repair of the Transmitter’s listed in the Schedule of Supplies/Services. The contractor shall be either an FAA approved overhaul facility, OEM Certified facility or Air Force Certified facility. On the proposed Purchase Order it will contain a “ceiling price” that shall not be exceeded without written authorization from the Government via a Modification to the Purchase Order. If the Contractor cannot perform the repair and overhaul work within the established monetary limitations, the Contractor shall Stop Performance and immediately notify the Contracting Officer with a firm fixed price quote. Quotes must include labor hours/rates, and all pricing for over and above parts. Repair work shall be performed in accordance with the Original Equipment Manufacturer (OEM) repair manuals, latest revision for the following components: Item 2 – 1 Each, Multi Mode Radar (MMR) Processor (RP) P/N 1021J400-001; NSN: 5841-01-HS2-0459, Ser No E004 REPAIR, NOT TO EXCEED (NTE) without prior approval from Contracting Officer. Item 3 - 1 Each, Multi Mode Radar (MMR) Processor (RP) P/N 1021J400-001; NSN: 5841-01-HS2-0459, Ser No E004 Test, Teardown, Evaluate The USCG does not maintain nor release the OEM repair manuals. The contractor must have access to the OEM repair manual and be able to obtain current editions. The USCG will ship the components to the contractor’s facility to be repaired at the Firm Fixed Prices established in the Schedule of Supplies/Services. 2.0 Requirement. The contractor shall provide all parts, labor, tooling, test equipment and facilities necessary to Test, Teardown, Evaluate, and Repair the MMR Processor listed in the Schedule of Supplies/Services at a Not To Exceed (NTE) price established in the Purchase Order for each Line Item. The contractor shall perform a visual and technical inspection in accordance with the OEM Manual and correct all additional deficiencies found. This work shall include repair of all related components and include replacement of missing or broken parts and the removal of any foreign matter or corrosion. 2.1 Corrosion. USCG aircraft operate primarily around salt water, at low altitude, and are subject to corrosion. Therefore, corrosion should be expected and should be factored in the firm-fixed repair price. Should corrosion be found during initial inspection and functional testing, disassembly shall be made to the extent necessary to remove all corrosion or replace the part(s) affected. Corroded parts shall be replaced, except in those cases where removal of corrosion from parts will not impair efficiency or safe operation. Corrosion removal and treatment of affected areas shall be accomplished in accordance with the OEM manual or best commercial practices if not addressed by the OEM manual. 3.0 Serviceable and Replacement Parts. Parts of a component found to be in a serviceable condition as a result of inspection and functional testing shall be re-used. Missing parts or parts found to be defective shall be replaced with new parts that meet or exceed the OEM specifications. Only new replacement parts with traceability to the Original Equipment Manufacturer (OEM) are acceptable for this requirement. 4.0 Unusual Damage and Cannibalization. The Not To Exceed (NTE) price established in the Schedule of Supplies/Services does not include components that have been severely damaged due to abuse, misuse, mishandling, crash damage, cannibalization of repairable components/assemblies or acts of God. Those components may be determined unusually damaged. The USCG will not authorize requests for over and above price requests for additional parts or labor when the above criteria are not met to the satisfaction of the USCG. When a component is processed for Unusual Damage Evaluation the contractor shall, within fifteen (15) working days of receipt of the equipment, submit to the Contracting Officer a written inspection condition report and a fixed price overhaul quote covering all parts and repairs needed to return the equipment to serviceable condition that meets all applicable OEM specifications. The quote shall include a listing of the replacement parts and/or material required, the cost of each required replacement part, the number of labor hours and hourly labor rates, and the time needed to perform the repair and overhaul and return the equipment to serviceable Ready-For-Issue (RFI) condition. The Contractor’s delivery obligation shall stop from the date of notification that an item has been determined to be a candidate for Unusual Damage Evaluation. Upon mutual agreement as to price and delivery, a modification to the Purchase Order will be issued to authorize overhaul work at the agreed upon terms or, if overhaul work is not desired by the Government, disposition instructions for the un-overhauled equipment. 5.0 Flight Critical Equipment and Airworthiness Certification. Not Applicable. The RP’s are not classified as Flight Critical 6.0 Serial Number Tracked Equipment. RP’s are Serial Number Tracked in the Coast Guard Asset Computerized Maintenance System (ACMS) which is the information system used by the Coast Guard to schedule and record Aircraft Maintenance. All components will have a Significant Component History Report (SCHR) and a Component Repair Record (CRR). 6.1 Significant Component History Report (SCHR). No SCHR action is required by the contract except to ensure the SCHR remains with the component. 6.2 Component Repair Record (CRR). The contractor must complete this record to document the maintenance performed on the component including any Test and Inspection with No Fault Found results. The contractor shall 1) include the original CRR with the overhauled component,, 2) Mail one (1) completed copy within five (5) working days of acceptance by the Government to: USCG ALC, ACMS Bldg 78, 1664 Weeksville Rd., Elizabeth City, NC 27909-5007, 3) attach a copy of the completed CRR with the contractors Invoice. The Contractor shall maintain a copy of each completed CRR for a period of ninety (90) days. 7. 0 Contractor Verification of Components. Upon receipt of components the contractor shall verify part numbers and serial numbers on the components match exactly those on the Purchase Orders. The Contractor shall notify the Contracting Officer in writing of any discrepancies. The Government reserves the right to have discrepant equipment returned “as is”, therefore the Contractor shall not start work on discrepant equipment. Correction of discrepancies and/or disposition instructions will be provided via modification to the Purchase Order. 8.0 Product Quality Deficiencies Report (PQDR). Repaired and overhauled components found to have deficiencies will be reported on the Joint Deficiency Reporting System as a Product Quality Deficiency Report (PQDR). The Government may return the equipment to the Contractor for investigation under a no-cost Purchase Order. 9.0 Requests for Government Furnished Material (GFM). Requests for GFM will be reviewed by the Government and a determination will be made to either furnish the requested material and adjust the monetary value of the Purchase Order as applicable or deny the request (per the conditions of paragraph 4). Requests for GFM shall be submitted in writing to the Contracting Officer with a brief narrative that supports the request. 10.0 Turn Around Time and Delivery Time. The required turn-around-time is one hundred twenty (120) days after receipt of material (ARM). Earlier delivery is desired if there are no extra charges to the Government. 11.0 Aircraft on Ground (AOG) and Work Stop (WS) Requirements. An AOG or WS situation necessitates a special schedule and requires accelerated overhaul completion and expedited delivery to the applicable U.S. Coast Guard Air Station. In the event an AOG/WS status occurs as a result of a lack of any of the components specified in the schedule, the Contractor will be notified by the Government in writing of the AOG/WS situation. The Contractor’s response shall provide 1) status of the component(s) needed to satisfy the AOG/WS condition that includes what USCG items in-house for repair/overhaul are closest to completion under normal working conditions and 2) an estimate of the labor hours needed to accelerate work completion. The accelerated work will be authorized via a Purchase Order Modification in conjunction with mutually agreed upon prices, delivery, and shipping cost reimbursement for next day delivery to the applicable USCG facility. In the event of an AOG/WS situation, the Purchase Order and applicable Line Item Number will be modified as needed to reflect the USCG delivery address and the applicable USCG Requisition Number. The Contractor shall be required to ensure the Requisition Number is included on shipping documents/delivery tickets so that the Material Receipt can be processed by the applicable USCG receiving personnel. 12.0 Environmental Requirements. All parts must be thoroughly cleaned IAW applicable Component Maintenance Manuals, 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). SIMPLIFIED ACQUISITION PROCEDURES (SAP) JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATIONS MAY BE LIMITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION, WHICH LIMITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT’S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. THE CUSTOMER SHALL PROVIDE THE FOLLOWING INFORMATION: 1. PURCHASE REQUEST OR REQUISITION NUMBER 2. PROJECT/TASK NUMBERC-130 LRS-S 3. ESTIMATED AMOUNT (OVER $3,000 BUT NOT EXCEEDING $150,000) 4. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE. Repair of the Processor for the Multi Mode Radar (MMR), Processor, PN: 1021J400-001, on the HC-130J aircraft. 5. UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. The processor is for specific use with the MMR. Elta located in Ben Gurion Israel is the OEM of the MMR and processor. Elta in conjunction with the U.S. Department of State ITAR regulations has only authorized EDO/Exelis located in Amityville NY as the Intermediate Repair Activity (IMA) for the MMR radar Line Replaceable Unit (LRU’s) (see attached letter). Additionally the foreign sources listed on the Elta letter are not authorized for repair of U.S. owned assets per U.S. Department of State ITAR regulations (see attached letter) 6. REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WHICH CAN PROVIDE THE SUPPLIES OR SERVICES EDO/Exelis, located in Amityville NY is the only vendor authorized in the U.S. At this time. The OEM has not authorized any other facility in the U.S to repair this processor per ITAR regulations. A processor repaired by another facility may not function with the MMR. 7. EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE. All data is proprietary to Elta and the government did not buy data rights to the technical data when the processor was initially purchased. Therefore the USCG does not have access to the technical data to repair the processor. 8. PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED. IF THIS IS A FOLLOW-ON ACTION TO A PREVIOUSLY COMPETED ACTION, SO STATE. The Coast Guard will maintain open communications with Elta and will continually conduct market surveys to identify possible additional sources that may eventually receive OEM authorization to repair the processor. However, granting access to technical packages associated with this processor is solely an Elta business decision. The alternative for the Coast Guard would be to completely replace the MMR including the processor that is now on the HC-130J aircraft and this is not an option. 9A. ITEM MANAGER CERTIFICATION, AND SIGNATURE 9B. TELEPHONE 9C. DATE 10. CONTRACTING OFFICER’S CERTIFICATION 11A. CONTRACTING OFFICER SIGNATURE
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-13-Q-300061/listing.html)
 

Place of Performance

Address: COMMANDING OFFICER, AVIATION LOGISTICS CENTER, ELIZABETH CITY, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN03173397-W 20130906/130904235456-3eadb2c6c04ba81771898f467a974420 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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