Repair of Flight Data Acquisition Units

Amendment 0001 to RFP HSCH38-14-R-H00005 Combined synopsis/solicitation Number HSCG38-14-R-H00005 is reopened and amended to clarify terms and conditions. The closing date and time for receipt of proposals is extended to 17 March 2014 Eastern Time. This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in FAR Subpart 12.6, utilizing the procedures of FAR Part 12 and FAR Part 15, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSCG38-14-R-H00005 is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-72. The applicable North American Industry Classification Standard (NAICS) Code is 334511. The small business size standard associated with the NAICS code is 750 employees. The Government intends to negotiate and award to Teledyne Controls on an Other than Full and Open Competition basis a firm fixed price requirements contract for the repair of the Teledyne Flight Data Acquisition Unit (FDAU). It is anticipated the contract will consist of a one (1) one-year base period and four (4) one-year option periods. All responsible sources may submit a capability statement or proposal which shall be considered by the agency. Any source other than Teledyne must provide traceability to the original equipment manufacturer. SCHEDULE OF SUPPLIES/SERVICES: The Schedule of Supplies/Services is provided as Attachment 1, which Offerors shall use to submit price proposals. DESCRIPTION OF REQUIREMENT: The contractor shall provide a firm fixed price proposal to include all parts, labor, tooling, test equipment and facilities necessary to repair the Flight Data Acquisition Units listed in the attached "Schedule of Supplies/Services (Attachment 1)". The Statement of Work (SOW) is provided as Attachment 2 and identifies the Scope, Applicable Documents, Technical Requirements, Warranty, Packaging/Marking, Inspection/Acceptance, Delivery, Contract Administration, Special Contract Requirements and Environmental Requirements for complete information. INSPECTION AND ACCEPTANCE: Inspection and acceptance shall be performed by the USCG's Quality Assurance Department. FREE ON BOARD (F.O.B.) POINT: Delivery terms shall be F.O.B Destination from contractor facility to USCG Aviation Logistics Center, Elizabeth City, NC under routine conditions. Changes to these terms will be provided by written modification signed by the Contracting Officer. Shipping costs over $100.00 must be supported by a copy of the freight bill and shall be annotated on the invoices as a separate charge. DELIVERY: Required delivery is 60 days after receipt of material. Actual delivery dates will be established upon issuance of individually funded Task Orders. SHIPPING: All components shall be delivered to: USCG Aviation Logistics Center Receiving Section Bldg 63 1664 Weeksville Road Elizabeth City, NC 27909 PROVISIONS: FAR 52.252-1 Solicitation Provisions Incorporated by Reference.(Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://acquisition.gov/far/index.html. (End of provision) FAR 52.212-1 Instructions to Offerors - Commercial Items (Jul 2013) is tailored with the following addenda: Paragraph (b) Submission of offers. The Schedule of Services is provided as Attachment 1, which Offerors shall use to submit price proposals. Paragraph (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. FAR 52.204-7 System for Award Management. (Jul 2013) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use. (Apr 2008) Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. FAR 52.212-2 Evaluation - Commercial Items (Jan 1999) is not applicable. Due to the sole source nature of this requirement, the basis for award rests with the determination of fair and reasonable pricing. In accordance with FAR 15.002 (a), evaluation criteria would be considered extraneous given the sole source nature of this requirement. Should the Government receive responsive, responsible offers from other than Teledyne Controls, the solicitation will be amended accordingly to consider any offers received. FAR 52.212-3 - Offeror Representations and Certifications - Commercial Items (Nov 2013) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. The complete FAR 52,212-3 Provision is provided as Attachment 3. HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSE HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) HSAR 3052.247-72 F.O.B. DESTINATION ONLY. (DEC 2003) Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive. (End of provision) CLAUSES: 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: http://acquisition.gov/far/index.html. (End of clause) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items. (Sep 2013) is tailored with the following addenda: FAR 52.203-3 Gratuities. (Apr 1984) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (Sep 2013) FAR 52.204-13 System for Award Management Maintenance. (Jul 2013) FAR 52.216-18 Ordering. (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of Contract Award through Contract Expiration. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) FAR 52.216-19 -- Order Limitations. (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one (1), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor - (1) Any order for a single item in excess of total estimated contract line item quantity. (2) Any order for a combination of items in excess of five (5); or (3) A series of orders from the same ordering office within seven (7) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.216-21 Requirements. (Oct 1995) (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after all delivery orders and task orders have been made. (End of clause) FAR 52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days calendar days prior to contract expiration. (End of clause) FAR 52.217-9 Option to Extend the Term of the Contract. (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least forty five (45) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Five (5) years. (End of clause) FAR 52.232-18 Availability of Funds. (Apr 1984) FAR 52.232-19 Availability of Funds for the Next Fiscal Year. (Apr 1984) Funds are not presently available for performance under this contract beyond September 30, 2014. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond that which is funded on individually issued Task Orders, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of clause) FAR 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. (End of Clause) FAR 52.242-13 Bankruptcy. (Jul 1995) FAR 52.245-1 Government Property. (Apr 2012) FAR 52.246-4 Inspection of Services -- Fixed-Price. (Aug. 1996) FAR 52.246-15 Certificate of Conformance. (Apr 1984) FAR 52.247-34 F.o.b. Destination. (Nov 1991) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2014) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___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: The following FAR clauses cited in FAR Clause 52.212-5 are incorporated: FAR 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). FAR 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). FAR 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). FAR 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755). FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999). FAR 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). FAR 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). FAR 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). FAR 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). FAR 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). FAR 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). FAR 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). List of Attachments: ATTACHMENT 1 Schedule of Services/Supplies ATTACHMENT 2 Statement of Work ATTACHMENT 3 FAR 52.212-3 Full Text Closing date and time for receipt of proposals is 17 March 2014 at 4:30 p.m. EST Offers may be sent to contact@example.gov or alternate contact@example.gov, or mailed to the following address: USCG ALC LRS Procurement 1060 Consolidated Road Attn: Belinda Watkins, Contract Specialist Elizabeth City, NC 27909 Please indicate HSCG38-14-R-H00005 in subject line.