Description
This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6, FAC 2005-41 (MAY 2010) and 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. The NAICS code for this solicitation is 336312 and the Small Business Size Standard is 750. This synopsis/solicitation is issued pursuant to FAR 6.203-1 and HSAM 3006.302-1. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 13. The United States Coast Guard Surfaces Forces Logistics Center has a requirement and requesting quotations for the following Man Nutzfahrzeuge AG parts: Item 1) NSN: 5330-12-310-4125, Gasket Mfg Name: Man Nutzfahrzeuge AG Part # 51.08901.0027 Quantity: 52 ea Delivery on or before 8/15/10. Item 2) NSN: 5331-12-316-6829, O-Ring Mfg: Man Nutzfahrzeuge AG Part #: 51.96501-0415 Quantity: 68 ea Delivery on or before 08/15/10. Item 3) NSN: 5331-12-320-5942, O-Ring Mfg Name: Man Nutzfahrzeuge AG Part #: 06.56332-2167 Quantity: 25 ea Delivery on or before 08/15/10. Item 4) NSN: 2910-12-328-8199, Pump, Fuel, Cam Actuated Mfg Name: Man Nutzfahrzeuge AG Part #: 51.12101-7136 Quantity: 42 ea Delivery on or before 08/15/10. Item 5) NSN: 2940-12-329-2663, Filter element for Man Gen. Sets Mfg Name: Man Nutzfahrzeuge AG Part #: 51.05501-7160 Quantity: 730 ea Delivery on or before 8/15/10. Item 6) NSN: 2910-12-329-8977, Filter, Element Fluid Mfg Name: Man Nutzfahrzeuge AG Part #: 51125030059 Quantity: 160 ea Delivery on or before 8/15/10. Item 7) NSN: 5330-12-332-3191, Gasket Mfg Name: Man Nutzfahrzeuge AG Part #: 51.08902.0179 Quantity: 44 ea Delivery on or before 8/15/10. Item 8) NSN: 5330-12-347-1868, Seal Plain Mfg Name: Man Nutzfahrzeuge AG Part #: 51065200076 Quantity: 19 ea Delivery on or before 8/15/10. Item 9) NSN: 5330-12-347-1869, Seal Plain Mfg Name: Man Nutzfahrzeuge AG Part #: 5106520-0077 Quantity: 19 ea Delivery on or before 8/15/10. The items are used on the US Coast Guard 87' CPB class cutters. Substitute part numbers are NOT acceptable. All items will be individually packaged in accordance with SP-PP&M-001 REV D and bar-coded. Delivery shall be F.O.B. Destination to USCG Engineering Logistics Center, Baltimore MD. NOTE: NO DRAWINGS, SPECIFICATIONS OR SCHEMATICS ARE AVAILABLE FROM THIS AGENCY. Substitute parts are not acceptable. It is anticipated that a non-competitive sole source purchase order shall be awarded as a result of this synopsis/solicitation. It is the Government's belief that only Man Nutzfahrzeuge AG and/or their authorized distributors can obtain the required technical and engineering data, and genuine OEM parts, required to successfully provide these items. Concerns having the expertise and required capabilities to provide these items are invited to submit complete information discussing the same within three (3) calendar days from the day this notice is posted. The information submitted must include a letter from the OEM verifying the offeror is an authorized distributor, and verifying the OEM will supply only genuine OEM parts. All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with Central Contractor Registration (CCR) and shall provide the company Tax Information Number (TIN) with their offer. The closing date and time for receipt of quote is _June 18th, 2010_, at _2_ p.m. Eastern Standard Time. The following FAR Clauses provisions apply to this solicitation. FAR 52.212-1, Instructions to Offerors-Commercial Items (June 2008); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2009) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their quote. The Offeror shall supply at least three (3) contracts completed during the past three years or currently in process for the same services as are being solicited under this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of the state and local governments, foreign governments, and commercial customers. The Offeror shall provide include past performance information for any major subcontractor and must be relevant to the scope of work they may perform under the contract resulting from this solicitation. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that shall be used in the evaluation of the offeror's past performance. The Government may waive the submission of past performance information by the offeror if adequate data already exists on file within this office. The following FAR Clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at www.acquisition.gov.; FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2009); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Apr 2010). The following clauses listed within FAR 52.212-5 are applicable: 52.219-28, Post Award Small Business Program representation (Apr 2009)(15 U.S.C. 632(a)(2); FAR 52.222-3, Convict Labor (Jun 2003)(E.O. 11755); FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Aug 2009)(E.O. 13126); FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999); FAR 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246); FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793); FAR 52.222-50, Combating Trafficking in Persons (Feb 2009); FAR 52.225-1, Buy American Act-Supplies (Feb 2009)(41 U.S.C. 10a-10d); 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008); 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).; 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). The following items are incorporated as addenda to this solicitation: HSAR 3052.245-70, Government Property Reports (Jun 2006). Copies of HSAR clauses may be obtained electronically at www.dhs.gov. 52.209-2 -- Prohibition on Contracting with Inverted Domestic Corporations--Representation. (Jul 2009) (a) Definition. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). (b) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (c) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (End of provision) FAR 52.246-1 Contractor Inspection Requirements (Apr 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. This clause takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government. (End of Clause) 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 General 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 with the contracting officer or Ombudsman. 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG 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 in FAR 33.103. 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 re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security, United States Coast Guard (CG-9131), Ombudsman Program for Agency Protests, 1900 Half Street, SW, Room 11-0602, Washington, D. C. 20593-0001, FAX: 202.475.3904. The Ombudsman Hotline telephone number is 202.372.3695.