WATER-INFLATED TEMPORARY DAM(S) FOR COAST GUARD STATION BURLINGTON

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR), Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSCGG1-14-Q-PRV198 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72. This action is a total set aside for small business. The associated North American Industry Classification System (NAICS) code is 339999 and the small business size standard is 500 employees. Contract line item number (CLIN) 0001 WATER-INFLATED TEMPORARY DAM(S), Quantity - 300, Unit of Measure - FT. The Coast Guard Civil Engineering Unit Providence has a requirement for a 300 ft long water-inflated temporary dam for its use for United States Coast Guard Station and Aids to Navigation Team (ANT) Burlington on Lake Champlain in Vermont. The temporary dam shall be provided as a whole system to include all connections (if multiple lengths are needed), fill ports, anchors and straps (if needed) and training. Further detail/requirements are provided in the attached specification pages 1 - 7 of 7 titled "PSN 6085390". The water-inflated temporary dam shall be delivered to USCG Station Burlington at 1 Depot St, Burlington, VT 05401-6202 no later than 30 days after award of a contract. SHIPPING TERMS SHALL BE FOB DESTINATION. The contractor shall contact and confirm the shipment with the Contracting Officer a minimum of ten (10) days prior to delivery. The provision at 52.212-1, Instructions to Offerors-Commercial Items (Jul 2013), applies to this acquisition. The provision at 52.212-2, Evaluation-Commercial Items (Jan 1999), applies to this acquisition. The following text is added to Paragraph (a) of the clause: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) Technical capability of the item offered to meet the Government requirement - The offeror shall furnish technical literature (including photos) that describes, at a minimum, the physical characteristics and specifications for the product. (2) Delivery - Quotes shall include the estimated time for delivery including an affirmative statement regarding the offeror's ability to deliver within 30 days of contract award. (3) Price. Note: All evaluation factors other than cost or price, when combined, are approximately equal to cost or price. All Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2013), Alternate I (Apr 2011), with its offer. A copy of the provision can be obtained from http://www.acquisition.gov/far/. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items (Sep 2013), applies to this acquisition. The following clauses are incorporated as an addendum to 52.212-4 Contract Terms and Conditions- Commercial Items: 2.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors The following Homeland Security Acquisition Regulations Clauses are applicable (HSAR) (48 CFR Chapter 30): Note: A copy of the HSAR clauses can be obtained from http://www.dhs.gov/publication/hsar. 3052.209-70 - Prohibition on contracts with corporate expatriates. (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. 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012), The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. (b) Clauses. 3052.242-72 Contracting Officer's Technical Representative (Dec 2003). 3052.247-72 F.o.B. Destination Only (Dec 2003). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2014), applies to this acquisition. The following additional FAR clauses cited in the clause (b) are applicable to the acquisition: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013). 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011). 52.219-28, Post Award Small Business Program Representation (Jul 2013). 52.222-3, Convict Labor (June 2003). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-25 Affirmative Action Compliance (Apr 1984). 52.222-26, Equal Opportunity (Mar 2007). 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011). 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 (Jul 2013). The Defense Priorities and Allocations System (DPAS) and assigned rating are not applicable. There are no applicable Numbered Notes. Offers are due no later than May 12, 2014, 4:00 PM EST , e-mailed to the Contracting Officer at [email protected] or mailed to USCG CEU Providence, Attention: Daniel Walker, 475 Kilvert ST STE 100., Warwick, RI 02886. The Contact for information regarding the solicitation is Mr. Daniel Walker, Contracting Officer at 401-736-1764 or via e-mail at [email protected]. Any amendments to this solicitation will be published in the same manner as the initial synopsis and solicitation. NOTICE FOR FILING AGENCY PROTESTS - United States Coast Guard Ombudsman Program is attached.