CELLULAR SERVICE

This is a combined synopsis/solicitation prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice. This is an unrestricted procurement. This announcement constitutes the only solicitation. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-39 The U.S. Coast Guard Aviation Logistics Center (ALC) intends to award a firm-fixed price purchase order for Cellular service for Business 450 anytime minutes with unlimited nights, weekends, in-calling minutes, and 250 out-going text messages. Estimate of 170 phone lines. Period of performance Oct 1st, 2010 to Sep 30th, 2011. The following Federal Acquisition Regulation (FAR) provisions and clauses apply: 52.212-1 Instructions to Offerors - Commercial Items (Jun 2008); 52.212-2 Evaluation - Commercial Items (Jan 1999), award will be made utilizing the following factors, in descending order of importance, price and past performance. However, unusually high or low-priced offers will be evaluated for potential performance risk. 52.212-3 Offeror Representations and Certifications - Commercial Items (Aug 2009) Alternate I (Apr 2002) Offerors shall include a copy of this provision with their offer. 52.212-4 Contract Terms and Conditions - Commercial Items (June 2010) ADDENDUM 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). 52.252-2 Clauses Incorporated by Reference (Feb 1998). The full text of the clause may be accessed electronically at Internet address www.deskbook.Osd.Mil. 52.212-5 Contract Terms and Conditions to Implement Statutes or Executive Orders - Commercial Items (Mar 2009) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) Alternate I (Oct 1995) 52.203-12 Limitations on Payment to Influence Certain Federal Transactions (Sept 2007) 52.222.3 Convict Labor - (June 2003) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Jul 2010) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities (June 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.225-1 Buy American Act - Supplies (Feb 2009) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008). 52.232.33 Payment by Electronic Funds Transfer - Central Contractor Registration (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 3052.209-70, 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. 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 cost 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 after November 25, 2002, 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 not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107- 296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of provision) End of Clause Closing date and time for receipt of offers is ** 3pm Eastern Time on 20 September, 2010. PROPOSALS ARE TO REMAIN EFFECTIVE FOR 60 DAYS AFTER CLOSE OF SOLICITATION. Facsimile and email quotes are acceptable and may be faxed to (252) 334- 5117 or emailed to [email protected]. Quotes may be submitted on company letterhead stationary and must include the following information: Nomenclature, Unit Price, Extended Price, Delivery, F.o.b. Shipping Terms, Payment Terms and discount offered for prompt payment, and must include the required FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Jun 2008) of which copies can be obtained by downloading the document from www.arnet.gov/far/. 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 an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external form. 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 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 forwarded to the address below: Commandant (G-CPM-S/3), 2100 2nd Street, SW, Room 2606, Washington D.C. 20593 Telephone (202) 267-2285 Fax: (202) 267-4011.