Description 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 commercial acquisition procedures specified in FAR Part 12 and FAR Part 13.1. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation number HSCG38-08-Q-200111 is being assigned to this procurement for tracking purposes only. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-26. The North American Industry Classification System Code is 336413. This procurement is being issued on an unrestricted basis. This combined synopsis/solicitation is issued for a firm-fixed-price for the repair of: 1) RECEIVER-TRANSMITTER: NSN: 5841 01 134 8907; S/N: P3; P/N: HG7502AJ02; QTY: 1 EA; CAGE CODE: 94580 2) RECEIVER-TRANSMITTER: NSN 5841 01 134 8907; S/N: M0017; P/N: HG7502AJ02; QTY: 1 EA: CAGE CODE: 94580 3) RECEIVER-TRANSMITTER: NSN 5841 01 134 8907; S/N: H0142; P/N: HG7502AJ02; QTY: 1 EA; CAGE CODE: 94580 4) RECEIVER-TRANSMITTER: NSN 5841 01 134 8907; S/N: K0006; P/N: HG7502AJ02; QTY: 1 EA; CAGE CODE: 94580 5) RECEIVER-TRANSMITTER: NSN 5841 01 134 8907; S/N: L0058; P/N: HG7502AJ02; QTY: 1 EA; CAGE CODE: 94580 6) RECEIVER-TRANSMITTER: NSN 5841 01 134 8907; S/N: J0101; P/N: HG7502AJ02; QTY: 1 EA; CAGE CODE: 94580 7) RECEIVER-TRANSMITTER: NSN 5841 01 134 8907; S/N: L0054; P/N: HG7502AJ02; QTY: 1 EA; CAGE CODE: 94580 Material is to be overhauled in accordance with OEM Specifications. The USCG does not own and cannot provide drawings or specifications. The material is flight critical. Contractor is to provide FAA Certifications or DOD certifications with their proposal. The USCG, ARSC Engineering Department will make a determination on the acceptability of the DOD certification. Inspection is by Certificate of Conformance and acceptance shall be performed at destination by USCG, ARSC Quality Assurance. Items shipped shall be shipped to: USCG Aircraft Repair and Supply Center, Attn: Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. Required delivery date is 30 November 2008 after receipt of order. FOB point shall be destination. Copies of packing slips shall be affixed to the outside of the shipping container. Packaging of the items for return shipment shall be in accordance with the Contractor’s best commercial practices with the following exceptions: Each item or unit must be individually packed in a separate box, carton, or crate. Each individual container shall be labeled on the outside with NSN, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Line Item. Only Bar Coding of the NSN is necessary. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Each unit shall be packaged to protect against electrostatic damage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage for a period of one year, but no preservation coating will be applied directly to the component. Packaging material shall NOT consist of the following material: popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. Facsimile offers are acceptable and may be forwarded via fax number 252-334-5240. The evaluation factor for award of this requirement will be based on lowest price obtained from a responsible offeror that can meet the required delivery schedule. Only one (1) award to a responsible offer will be made as a result of this combined synopsis/solicitation. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2007) Offerors shall include a completed copy of this provision with their offer or complete only paragraph (j) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Jun 2008); FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2007); FAR 52.204-7 Central Contractor Registration (Apr 2008); FAR 52.211-15, Defense Priority and Allocation Requirements (Apr 2008); FAR 52.215-5, Facsimile Proposal (Oct 1997); FAR 52.243-1, Changes Fixed Price (Aug 1987); FAR 52.247-34, FOB Destination (Nov 1991); FAR 52.246-15, Certificate of Conformance, (Apr 1984); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2008); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government (Sept 2006), Alternate I, (Oct 1995); FAR 52.222-3 Convict Labor (June 2003); FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2008); FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999); FAR 52.222-26, Equal Opportunity (Mar 2007); FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998); FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008); FAR 52.232-33, Payment by Electronic Fund Transfer-Central Contract Registration (Oct 2003); FAR 52.233-3, Protest After Award (Aug 1996); FAR 52.222-50, Combating Trafficking in Persons (Aug 2007) HSAM 3052.209-70 Prohibition on Contracts with Corporate Expatriates. (JUN 2006) (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, 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 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 a 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) 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 13 August 2008, 10:00a.m. EST. All responsible sources may submit an offer, which shall be considered by the Agency. Anticipated award date is on or about 13 August 2008. Contact Sheila G. Midgette at 252 335 6493 or
[email protected] for questions regarding this solicitation. Quotes will be accepted via e-mail at the above addresses, facsimile at 252-334-5240, or at the following address: USCG ARSC HH-65 Bldg. 75 Attn: Sheila Midgette Elizabeth City, NC 27909