This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. This Request for Quotation (HSCG38-09-Q-S00038) incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-27. The small business size standard is 1,000 employees. The U.S. Coast Guard Aviation Logistics Center (ALC) intends to award a firm fixed price contract to a responsible contractor who can provide a Certificate of Conformance with traceability to the Original Equipment Manufacturer (OEM) for the purchase of the item listed below. The OEM is Marathon Norco Aerospace. However, all responsible contractors may submit an offer. To meet the requirements of FAR 11.105 and 5.102(a)(6), the Justification/documentation for purchase of items peculiar to one manufacturer will be made available via a solicitation amendment. The contractor shall furnish a Certificate of Conformance in accordance with FAR Clause 52.246-15 and in the format specified in the clause. Traceability means that the awardee must be able to provide a clear, documented, auditable paper trail for ownership and transfer of each part from the OEM to the final vendor. Provide pricing for the following items: 1) NSN 5905-01-305-8912, P/N: 29230-004, Resistor, Thermal, Quantity 17 ea. Pricing shall reflect any quantity discount. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. Delivery will be made to USCG, Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. Required Delivery is 135 days after receipt of contract. Early deliveries are acceptable. Items delivered under this contract shall be new material. Reconditioned/Used Material is not acceptable. Provide FOB point (origin/destination). Each piece of equipment shall be packaged in accordance with ASTMD 3951-98 dated 10 Nov 98 to enable shipment to destination and transshipment to a Coast Guard unit without repacking or incurring damage during shipping and handling. Material shall be marked in accordance with ASTMD 3951-98 dated 10 Nov 98. USCG 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. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. Each part shall be individually packed in a separate envelope, box, carton or crate. Each individual container shall be labeled on the inside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number. Packing List and Certification/Documentation shall be placed on the outside of individual containers. The internal packing 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. Bar coding is authorized, however not mandatory. Inspection shall be performed by Receiving and acceptance shall be performed by Receiving Personnel. Offerors shall be able to provide necessary certifications including trace ability to the OEM to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. The following Federal Acquisition Regulation (FAR) provisions and clauses apply: 52.252-2 Clauses Incorporated by Reference (Feb 1998). This solicitation 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 the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) 52.212-2 Evaluation —Commercial Items. (Jan 1999) (a) The Government will award a contract(s) resulting from this solicitation to the responsible offeror(s) whose offer, conforming to the solicitation, will be most advantageous to the Government. Offers that are significantly higher or lower than the government’s estimate may be considered an indication that the offeror does not understand the requirement and may be evaluated as posing a significant performance risk. Evaluation Factors: Technical acceptability, delivery, and price. Delivery is considered more important than price. This is a best value, commercial item acquisition; award may be made for other than lowest price. The Government intends to award on an all or none basis to a responsible offeror whose offer conforms to the solicitation, and provides the Government with the best value, price and other factor considered. 52.212-3 Offeror Representations and Certifications - Commercial Items (June 2008) Alternate I (Apr 2002) Offerors shall include a copy of this provision with their offer. 52.212-4 Contract Terms and Conditions - Commercial Items (Oct 2008) ADDENDUM 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (Oct 1997) (a) Submission of Cost or pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.246-2 Inspection of Supplies - Fixed Price (Aug 1996); 52.246-15 Certificate of Conformance (Apr 1984). 52.247-45 F.O.B. Origin and/or F.O.B. Destination Evaluation Apr 1984 52.212-5 Contract Terms and Conditions to Implement Statutes or Executive Orders - Commercial Items (Oct 2008) 52.203-6 Restrictions on Subcontractor Sales to the Government Alternate I (41.U.S.C. 253g and 10 U.S.C. 2402) (Sep 2006) 52.219-8 Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)). (May 2004) 52.222-3 Convict Labor (Jun 2003) (E.O. 11755) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (E.O. 13126) (Feb 2008) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (E.O. 11246) (Mar 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212) ( Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities (29 U.S.C. 793) (Jun 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212) ( Sep 2006) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 52.222-50 Combating Trafficking in Persons (AUG 2007) 52.225-13 Restrictions on Certain Foreign Purchases (E.O.12722, 12724, 13059, 13067, 13121, and 13129) (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (31 U.S.C. 3332) (Oct 2003) 52.211-15 Defense Priority and Allocation Requirements (Apr 2008) (HSAR) 48 CFR 3009.104-75 3052.209-70 Prohibition on contracts with corporate expatriates (DEC 2003) of which full text is available at http://www.pubklaw.com/regs/68fr67867.html. HSAR 3052-70, PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES [JUN 2006] [Full Text Follows] (a) Prohibitions. Section 835 of Public Law 107-296, 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. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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, Public Law 107-296, 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, Public Law 107-296. (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 after the date of enactment of this Act and 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 Public Law 107-296 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. By signing and submitting its offer, an offeror under this solicitation represents that 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; (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) NOTICE FOR FILING AGENCY PROTESTS. It is the policy of the Coast Guard 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 General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as a Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forums Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 urgent and compelling reasons 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 at 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. This will not preclude refilling of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103 (e). Formal protest filed under the OPAP program should be forwarded to the address below: Commandant (CG-9131) 1900 Half Street, S.W. (JR11-0203) Washington, DC 20593 Telephone: (202) 372-3692 Fax: (202) 475-3904 Closing date and time for receipt of offers is 10 AM Eastern Time on 11 Feb 2009. Anticipated award date is no later than 20 Feb 2009. PROPOSALS ARE TO REMAIN EFFECTIVE FOR 60 DAYS AFTER CLOSE OF SOLICITATION. Facsimile offers are acceptable and may be faxed to the Attention of: David Tanner at 252-335-6790. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price, FOB point; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; delivery date, and Representation and Certifications contained in FAR Clause 52.212-3, including Alternate I. Point of Contact David Tanner, H60J Contract Specialist, Phone 252-335-6413, Fax 252-335-6790, Email
[email protected] - Sherri Roche, H60J Contract Specialist, Phone 252-335-6566, Fax 252-335-6790, Email
[email protected]