Lighting and Instrument Component Repairs for the HC-144A aircraft
LIGHTING AND INSTRUMENT COMPONENT REPAIRS
FOR THE HC-144A AIRCRAFT
Solicitation Number HSCG38-14-Q-010094
Agency: Department of Homeland Security
Office: United States Coast Guard (USCG)
Location: Commanding Officer, USCG Aviation Logistics Center
______________________________________________________________________________
Notice Type:
Combined Synopsis/Solicitation
Posted Date:
July 1, 2014
Response Date:
August 1, 2014
Archiving Policy:
Automatic, on specified date
Archive Date:
August 15, 2014
Original Set Aside:
N/A
Set Aside:
N/A
Classification Code:
16 - Aircraft Components & Accessories
NAICS Code:
488 - Support Activities for Transportation/488190 - Other Support Activities for Air Transportation
_¬_____________________________________________________________________________
Synopsis:
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This requirement will be satisfied using the commercial acquisition procedures specified in FAR Parts 12, and 13.5 (Test Program). This announcement constitutes the only solicitation; written quotes are requested. A written solicitation will not be issued. Solicitation number HSCG38-14-Q-010094 is issued as a Request for Quote (RFQ). The Government intends to award one or more than one indefinite delivery requirements contract(s) with a two year base period and three one-year options periods. Funding will be accomplished through firm fixed-price delivery orders. Offerors must submit prices for each of the ordering periods to be considered for this award. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-75. This is an unrestricted solicitation.
The Government intends to award to Honeywell, 1300 W. Warner Road, Tempe, Arizona 85284, the Original Equipment Manufacturer (OEM), and/or to a Federal Aviation Administration (FAA) authorized repair center that is able to repair the following components conforming to the OEM specifications, drawings, service bulletins, and performance requirements. The Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
The applicable North American Industry Classification Standard Code is 488190. The small business size standard is $30 million annual revenue or less. Quantities are estimates. Component turn-time of 60 days is desired after receipt of material. All responsible sources may submit quotes which shall be considered by the agency.
This requirement is to purchase lighting and instrument component repair services to be used in support of the HC-144A aircraft. The Service Contract Labor Standards, FAR 22.1003-6, applies to the services, maintenance, and repair of all types of equipment. Information regarding the labor classifications of employees performing the work and all known possible places of performance, county and state, is required. This information will be used in the procurement process to have the material listed below returned to serviceable condition.
F.O.B. Destination is requested as the F.O.B. point for the deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the Government for the quote to be considered for award. Deliver to USCG Aviation Logistics Center, Receiving Section, Bldg 63, Elizabeth City, North Carolina 27909-5001. Offerors must submit prices for each year of the two year base period and each year of the three (3) one-year option periods in order to be considered for award. This requirement consists of the following spare parts utilized on the HC-144A aircraft. Items in the schedule will be ordered by delivery order. The requirement consists of:
Schedule of Supplies/Services
Description
**** SEE ATTACHMENT A STATEMENT OF WORK ****
**** SEE ATTACHMENT B SCHEDULE OF REPAIR PRICING ****
Offerors shall submit quotes in two separate marked documents, Technical Package, non-price factors and sub-factors, a narrative discussion of technical requirements and past performance data. The second document shall be marked Price Package, containing the schedule of repair estimate pricing. Pricing must not be included in the technical package. Attachment B, Schedule of Repair Pricing, an editable spreadsheet is provided for your convenience to submit pricing and for the Government to compile results. Ensure quotes indicate occupation codes; FOB point, shipping cost estimates (if applicable); discounts for prompt payment; business size standards and minority classification.
The Contractor shall comply with ASTM D 3951-10, Commercial Packaging, Shipping and Storage Procedures (8/01/11). Preservation and packaging must comply with ASTM D 3951-10 (Approved 8/01/11), with the exceptions as stated herein. USCG ALC is a supply depot; therefore material will be stored and transshipped to various users. Material shall be packed and labeled suitable for shipment via air, land, or sea. Items susceptible to corrosion or deterioration shall be provided protection such as preservation coatings, barrier protection, volatile corrosion inhibitors, or desiccated unit packs. Items requiring protection from physical and mechanical damage or are fragile shall be protected by wrapping, cushioning, pack compartmentalization, carton, or other means to mitigate shock and vibration to prevent damage during handling and shipment. The use of chipped foam, Styrofoam ‘peanuts', shredded paper or other similar material is not acceptable. The packaging will provide protection to components during normal ground, air or sea transportation and during storage in a climate controlled facility for up to one year. All containers must be labeled on the outside with the appropriate National Stock Number, Part Number, S/N, Nomenclature, Quantity, Contract Number, Delivery Order and Line Item Number and vendor Cage Code. Bar coding is not required.
SHIPPING INSTRUCTIONS
Components shall be shipped FOB Destination/Origin to the following address.
USCG, Aviation Logistics Center
Attn: Receiving Section
Building 63
Elizabeth City, NC 27909-5001
MARK FOR:
Contract No. ___________________________
(Assigned at time of award)
Delivery Order No. ___________________________
(Assigned at time of award)
CONTRACT ADMINISTRATIVE DATA
ADDRESS FOR CORRESPONDENCE:
All correspondence, except as otherwise specified, shall be directed to the following address:
USCG, Aviation Logistics Center
Attn: MRS Contracting Section
DRS Hangar #2
1060 Consolidated Road
Elizabeth City, NC 27909-5001
Contract No. ___________________________
(Assigned at time of award)
Delivery Order No. _________________________
(Assigned at time of award)
INVOICING INSTRUCTIONS
The original Contractor's invoice shall be submitted to the designated billing office for payment as follows:
The invoice must reference the contract number and delivery order.
The preferred method for invoice submission is via email: [email protected]
Invoices may also be submitted via U.S. Mail at:
Chief, Fiscal Branch
USCG, Aviation Logistics Division
Building 63
Elizabeth City, NC 27909-5001
MARK FOR:
Contract No. _____________________________
(Assigned at time of award)
Delivery Order No. ___________________________
(Assigned at time of award)
The following Federal Acquisition Regulation (FAR) Provisions and Clauses apply to this request for quote and are incorporated by reference:
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 Internet address: www.arnet.gov/far/
52.209-7 Information Regarding Responsibility Matters (JUL 2013)
a) Definitions. As used in this provision-
"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
"Federal contracts and grants with total value greater than $10,000,000" means-
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The Offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the Offeror checked "has" in paragraph (b) of this provision, the Offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the Offeror , and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the Offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the Offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the Offeror has provided the requested information with regard to each occurrence.
(d) The Offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAY 2014)
The following clauses and provisions are included:
52.212-1 Instructions to Offeror's-Commercial Items (APR 2014) with the following included by Addendum:
Period of Acceptance Offers
(c) Prices must remain effective for 120 days after solicitation closes.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the Offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the Offeror specifies otherwise in the offer.
Evaluation - Commercial Items
Evaluation Criteria
a. General. The provision at Federal Acquisition Regulation (FAR) 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106-2 based on the criteria listed below. Quotes will be evaluated utilizing the Lowest Price Technically Acceptable (LPTA) process to achieve the best value to the Government. The process will apply to the three criteria below:
1. Technical Acceptability: Submission Requirements. (i) The Offer shall provide a current list and cover sheet of all OEM Manuals, Component Maintenance Manuals (CMM), revisions, temporary revisions, service bulletins, modifications, amendments, including Contractor specifications and procedures applicable to be used for the inspection testing, troubleshooting, cleaning, and repairing of the Coast Guard HC-144 listed lighting and instrument components. OEM applicable documentation or specifications revealed, published, or updated prior to award or during the course of the contract period, shall be considered as being within the scope of this requirement and may be added to the contract as agreed upon by both parties.
(ii) The Contractor must demonstrate that they have access to, and ability to obtain current OEM specifications at least every 90 days, for inspection and repair of all Honeywell/Grimes listed components, including Component Maintenance Manuals (CMM), Revisions, Service Bulletins (SB), Amendments (AMD), and Modifications (MOD) and drawings issued by the OEM as the Coast Guard does not own, nor can it provide this data.
(iii) Provide an uncontrolled copy of the company's ISO 9001 quality manual.
(iv) Provide a copy of the title 14CFR part145 Federal Aviation Administration (FAA) certifications which includes the Air Agency Certificate and Operations Specifications.
2. Past Performance: (i) In conducting the Past Performance evaluation the Government may utilize the Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS) or similar systems; Defense Contract Management Agency (DCMA); and non-government contract administrators. The Offeror shall provide in its quote a minimum of three past performance references demonstrating performance of work similar in type and scope to that described in the SOW. Offeror is requested to forward the Past Performance Questionnaire found in Attachment C attached hereto to these references for prompt completion and return to the Contract Specialist of this solicitation. Offeror SHALL NOT go back more than five (5) years from the solicitation release date for past performance data. Offeror should document its past performance by following guidance below:
(ii) The Offeror shall provide documentation outlining its past performance with contracts, as a prime or major subcontractor, which is the same or similar in nature, size, complexity to the services being procured under this RFQ. The submittal shall include rationale how it was determined that the work performed previously was the same or similar in nature, size, and complexity to the work specified in the RFQ. Non-government contracts may be used if government contracts are not available. The documentation shall be submitted in the following format:
o Contract Number, Award Date and Contract Type.
o Price - Original Award and Final (or projected final, if contract is current).
o Delivery Schedule - Original and Final (or projected final, if contract is current).
o Address and telephone number of government agency or component including:
• Procuring Contracting Officer (PCO)
• Administrative Contracting Officer (ACO)
• Contracting Officer Representative (COR)
o Non-governmental contracts - Point of contact, name address, telephone number and email address if available.
o Identify in detail for each contract listed, why or how the effort is relevant to the effort required in this RFQ. In determining relevancy, consideration should be given but not limited to such things as product/service similarity, size, complexity, contract type.
o A narrative explanation on each contract listed must describe objectives achieved and data regarding technical performance, quality, schedule delays, price/cost control, and a brief explanation of the reasons for shortcomings, if any, and corrective actions taken to avoid recurrence.
o A copy of any cure notices or show-cause letters received on each contract listed and a description of any corrective action by the Offeror.
o A list of each time the delivery schedule was revised and provides an explanation why the revision was necessary.
(iii) Offerors are reminded that both independent third party data and data provided by Offeror may be used by the Government to evaluate Offeror past performance. However, the burden of providing thorough and complete past performance as requested remains with the Offeror. Further, Offerors submitting quotes without requested information risk rejection by the Government. In the case of an Offeror without a record of relevant past performance, the Offeror will be given a neutral past performance rating.
Assessments of technical acceptability and past performance will be made and will be rated pursuant to the adjectival rating categories as described in the tables below:
Table 1. Rating System for Technical Acceptability
Rating Definition
Acceptable Meets all RFQ requirements. The Contractor is technically acceptable, accepting all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements.
Unacceptable Contractor fails to meet one or more RFQ requirements and is removed from award consideration.
Table 2. Rating System for Past Performance
Rating Definition
Acceptable Based on the Offeror's past performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort.
Unacceptable Based on the Offeror's performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.
Neutral If an Offeror has no recent or relevant past performance information available, the Offeror may not be evaluated favorably or unfavorably and will be rated Neutral.
3. Price: The contractor shall acknowledge any amendments to the Request for Quote, if applicable, at the beginning of this section.
The contractor shall provide pricing as requested in the attached spreadsheet titled Attachment B, Schedule of Repair Pricing. Any price discounts and discounts for prompt payment should be included in this section. The Offeror's quote will be evaluated using one or more of the techniques defined in FAR 13.106-3 in order to determine if it is fair and reasonable.
Government reserves the right to make more than one award (multiple awards) for different line items. Consideration shall be given to the additional administrative cost to the Government of awarding and administering separate contracts. Therefore, for purposes of evaluating whether multiple awards will result in the lowest overall cost for the Government, it is assumed that the administrative cost of awarding and administering a contract is $1000.
52.212-3 Offeror Representations and Certifications-Commercial Items (MAY 2014) - ALT 1 (MAY 2014)
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.
52.212-4 Contract Terms and Conditions-Commercial Items (JUN 2014)
ADDENDUM
The following Federal Acquisition Regulation (FAR) Provisions and Clauses apply:
52.204-7 System for Award Management (JUL 2013)
52.204-13 System for Award Management Maintenance (JUL 2013)
52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness and Energy Program Use (APR 2008) DO-N5.
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 award through the term of the contract.
(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.
52.216-19 Order Limitations (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in a quantity 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 10% of estimated contract line item quantities; or
(3) A series of orders from the same ordering office within 15 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 15 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.
52.216-21 Requirements (OCT 1995) ¬¬- Alternate I (APR 1984)
(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) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.
(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 180 days.
52.217-5 Evaluation of Options (JUL 1990)
52.217-9 Option to Extend the Term of the Contract (MAR 2000)
Contractor within 30 days prior to the contract expiration date; provided that the (a) The Government may extend the term of this contract by written notice to the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed six months.
52.225-8 Duty-Free Entry (OCT 2010)
52.232-19 Availability of Funds for the Next Fiscal Year (APR1984)
Funds are not presently available for performance under this contract beyond 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 2014, 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.
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
52.233-2 Service of Protest (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: USCG ALC, MRS Product Line, Attn: David E. Tanner
52.242-13 Bankruptcy (JUL 1995)
52.242-15 Stop-Work Order (AUG 1989)
52.245-1 Government Property (APR 2012)
52.245-9 Uses and Charges (APR 2012)
52.246-4 Inspection of Services - Fixed Price (AUG 1996)
52.246-11 Higher-Level Contract Quality Requirement (FEB 1999)
The contractor shall provide and maintain a quality system equal to ISO 9000 or have a quality system acceptable to the Government. The contractor shall state the quality system to be used in performance of this contract.
52.246-15 Certificate of Conformance (APR 1984)
52.247-45 F.O.B. Origin and/or F.O.B. Destination Evaluation (APR 1984)
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.
HSAR 3052.205-70 Advertising, Publicizing Awards and Releases (JUN 2006)
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 an acquisition described in section 835(b)(1) 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 3009.108-7001 through 3009.108-7003;
__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.
(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 clause)
HSAR 3052.219-70 Small Business Subcontracting Plan Reporting JUN 2006
HSAR 3052.242-72 Contracting Officer's Technical Representative DEC 2003
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jun 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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(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.]
_X_ (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 (Apr 2010) (41 U.S.C. 3509).
___ (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).
_X_(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (31 U.S.C. 6101 note).
_X_(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) 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).
___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (12) 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).
___ (13) [Reserved]
___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (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.
_X_(16) 52.219-8, Utilization of Small Business Concerns (May 2014) (15 U.S.C. 637(d)(2) and (3)).
_X_(17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Oct 2001) of 52.219-9.
___ (iii) Alternate II (Oct 2001) of 52.219-9.
___ (iv) Alternate III (July 2010) 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 (Nov 2011) (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) (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).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (22) 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).
___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
_X_(25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (27) 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)).
_X_(28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_X_(30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_(31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
_X_(33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_X_(34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.)
___ (37) (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.)
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) + (E.O.s 13423 and 13514
___ (ii) Alternate I (Jun 2014) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (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 (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).
___ (43) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (44) (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).
___ (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.
___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_(46) 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).
___ (47) 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).
___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___(50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_(52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (56) (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).
___ (ii) Alternate I (Apr 2003) 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.]
_X_(1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
In compliance with the Service Contract Act of 1965, as amended, 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.
This Statement is for Information Only:
It is not a Wage Determination
Employee Class/Occupation Code Monetary Wage -- Fringe Benefits
Aircraft mechanic I/23021 WG-10
Aircraft mechanic II/23022 WG-11
Aircraft mechanic III/23023 WG-12
Aircraft mechanic Helper/23040 WG-5
Painter, Auto/Aircraft/05310 WG-9
Fabric Worker, Maintenance/23260 WG-9
Sheet-metal Worker, Maintenance/23890 WG-10
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
_X (4) 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).
___ (5) 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).
___ (6) 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).
___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (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) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2014) (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 (May 2014) (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 Labor Standards (May 2014), (41 U.S.C. chapter 67).
(ix) 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)).
(x) 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.)
(xi) 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)
(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. (May 2014) (42 U.S.C. 1792). 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)
Closing date and time for receipt of offers is August 1, 2014, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. All responsible sources may submit a quote that will be considered by this Agency. Offerors shall submit quotes in two separate marked documents, the Technical Package, a narrative discussion of technical requirements and past performance data, and the Price Package, the pricing schedule of repair pricing. Pricing must not be included in the Technical Package. Attachment B, Schedule of Repair Pricing, an editable spreadsheet is provided for your convenience to submit pricing and for the Government to compile results. Ensure quotes indicate occupation codes; FOB point, shipping cost estimates (if applicable); discounts for prompt payment; business size standards and minority classification. Indicate component turn-time after receipt of material. Copies are available by calling the agency or by downloading the document from FedBizOpps as posted under this solicitation. All Offeror's submitting a quote shall have a valid Vendor Cage Code and Dun & Bradstreet number (DUNS) or the ability to get one, and be registered in System for Award Management (SAM) at www.sam.gov/portal/public/SAM. Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5427, attention Richard L. Atha. Electronic submission may be sent to [email protected] and to [email protected].
THIS SPACE INTENTIONALLY LEFT BLANK
NOTICE FOR FILING AGENCY PROTESTS
United States Coast Guard Ombudsman Program
It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).
Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.
Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).
Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to [email protected] and the Contracting Officer or by hand delivery to the Contracting Officer.
The Ombudsman Hotline telephone number is 202.372.3695.
ATTACHMENT C
Past Performance Questionnaire (PPQ)
U.S. DEPARTMENT OF HOMELAND SECURITY
U.S. COAST GUARD
AVIATION LOGISTICS CENTER
1664 WEEKSVILLE ROAD, BLDG. 63
ELIZABETH CITY, NC 27909
PAST PERFORMANCE QUESTIONNAIRE (PPQ)
INSTRUCTIONS
The company (i.e., contractor) that sent you this questionnaire intends to submit an offer in response to a U.S. Coast Guard solicitation and has identified you as a reference to validate their performance. This PPQ must be completed by the person most familiar with the contractors' performance on a present or previous contract and then submitted directly to the U.S. Coast Guard by the person completing the PPQ. Please DO NOT send the completed PPQ to the contractor being evaluated. In addition to this questionnaire, you may receive a follow-up phone call to confirm or clarify information. We are thanking you in advance for your time, effort, and cooperation in responding to this questionnaire.
Please submit the completed form to the Contract Specialist via the following method: (1) E-mail to [email protected] Subject Line: HSCG38-14-Q-010094.
Please contact the Contract Specialist, Richard Atha at (252)335-6446 if you have any questions.
The completed PPQ is due on or before August 1, 2014, 4:00 PM Eastern
GENERAL INFORMATION
A. PAST PERFORMANCE EVALUATOR & ORGANIZATION/COMPANY INFORMATION
1 Your Name:
2 Your Title:
3 Your Organization/
Company Name:
4 Address:
5 Your Phone Number:
6 Your Fax Number:
7 Your E-mail Address:
8 Date:
9 Your Signature:
B. CONTRACTOR NAME & CONTRACT IDENTIFICATION
1 Name of Contractor being evaluated:
2 Type of Instrument (e.g., Contract, Purchase Order, Task Order, Other):
3 Pricing Type (e.g., Fixed Price, Time & Material, Cost Reimbursement, Other):
4 Contract or Reference Number:
5 Subcontract Number (if applicable):
6 Order Number (if applicable):
7 Role of Contractor (Prime or Sub)
(if sub, also provide name of prime)
8 Description of Service/Supply:
9 Competitive (Y/N):
10 Follow-On (Y/N):
11 Date of Award:
12 Initial Contract Dollar Value (w/Options):
13 Final Contract Dollar Value (w/Options):
14 Period of Performance:
15 Place(s) of Performance:
16 Complexity of Work
(e.g., difficult, routine):
17 If applicable , type and extent of subcontracting:
GENERAL GUIDANCE
Please use the following ratings to score the performance elements below (assessments should reflect only contractor-liable performance):
RATING DESCRIPTION
Exceptional Performance meets contractual requirements and exceeds many to your organization's benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.
Very Good Performance meets contractual requirements and exceeds some to your organization's benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.
Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.
Marginal Performance does not meet some contractual requirements. The contractual performance of the evaluation area being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor's proposed actions appear only marginally effective or were not fully implemented
Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the evaluation area being assessed contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.
EVALUATION: Rate the contractor in each of the following Evaluation Areas.
Quality of Product or Service. Assess the contractor's conformance to contract requirements, specifications and standards of good workmanship (e.g., specified technical, professional, environmental, or safety and health standards). List and assess any sub-elements to indicate different efforts where appropriate. For example: Are reports/data accurate? Does the service provided meet the specifications of the contract? Does the contractor's work measure up to commonly accepted technical or professional standards? Assess the degree of direction given by your organization to solve problems that arise during performance.
RATING Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A
Check
Comment(s):
B. Schedule. Assess the timeliness of the contractor against the completion of the contract, task orders, milestones, delivery schedules, and administrative requirements (e.g., efforts that contribute to or effect the schedule variance). This assessment of the contractor's adherence to the required delivery schedule should include the contractor's efforts during the assessment period that contributes to or effect the schedule variance. This element applies to contract closeout activities as well as contract performance. Instances of adverse actions such as the assessment of liquidated damages, or issuance of Cure Notices, Show Cause Notices, and Delinquency Notices are indicators of problems which may have resulted in variance to the contract schedule and should therefore be noted in the evaluation.
RATING Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A
Check
Comment(s):
Cost Control. Assess the contractor's effectiveness in forecasting, managing, and controlling contract cost. For example, does the contractor keep within the total estimated cost (what is the relationship of the negotiated costs and budgeted costs to actual)? Did the contractor do anything innovative that resulted in cost savings? Were billings current, accurate and complete? Are the contractor's budgetary internal controls adequate?
RATING Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A
Check
Comment(s):
Business Relations. Assess the integration and coordination of all activity needed to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans, proposal submittals, the contractor's history of reasonable and cooperative behavior (to include timely identification and resolution of issues in controversy), and customer satisfaction. Is the contractor oriented toward the customer? Is interaction between the contractor and your organization satisfactory, or does it need improvement? Also, in making the assessment, include the adequacy of the contractor's accounting, billing, and estimating systems; and the contractor's management of, if a substantial amount of property has been provided to the contractor under the contract.
RATING Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A
Check
Comment(s):
Management of Key Personnel. Assess the contractor's performance in selecting, retaining, supporting, and replacing, when necessary, key personnel. For example, how well did the contractor match the qualifications of the key position, as described in the contract, with the person who filled the key position? Did the contractor support key personnel so they were able to work effectively? If a key person did not perform well, what action was taken by the contractor to correct this? If a replacement of a key person was necessary, did the replacement meet or exceed the qualifications of the position as described in the contract schedule?
RATING Exceptional Very Good Satisfactory Marginal Unsatisfactory N/A
Check
Comment(s):
SUMMARY
Would your organization/company award another contract to this Contractor (or use the services of the Contractor again)? 0 Yes / 0 No
In summary, if you care to, please give your overall assessment of this Contractor.
