This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplement with additional information in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-13-Q-PC2159. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66. This procurement will be processed in accordance with FAR Parts 12 and 13. The North American Industry Classification System (NAICS) is 811219. The SBA size standard is $7.0 Million. Due to this Acquisition being considered a Sole Source Procurement it is not anticipated that the Contracting Officer will receive two (2) or more Offers from qualified Small Business Concerns; therefore in accordance with FAR 19.502-2(a), This IS NOT a Small Business Set-A-Side. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA 23703, intends to purchase on a non-competitive basis by awarding a Firm Fixed Purchase Order Contract to: Emerson Network Power, Liebert Services for the purchase of a Service and Maintenance Agreement (SMA) for the USCG Uninterrupted Power Supply units (UPS). See Schedule B below. The USCG/Government does not own, nor can they obtain specifications or other technical data for this Service. Requests for such will be disregarded. The proposed contract action resulting from this synopsis/solicitation for commercial services is the Government's intention to solicit and negotiate with only one source under the authority of FAR 6.302.1 and 13.106-1(b). Interested persons/parties may indentify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within five (5) days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: Emerson Network Power, Liebert Services Inc., Cage Code 1MY11. A current System for Award Management (SAM) Data Search and Business Identification Number Cross Reference System (BINCS) Search was conducted on this Contractor by the Contracting Officer. This Contractor is current/active in SAM and does not have any active Exclusion. Data Search date: APR/04/2013. This is a Sole Source Procurement. See attached Justification for Other Than Full and Open Completion (JOTFOC) Document below. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Prices and Travel Expense Information by 12 April 2013 @ 7:00AM EST. Firm Fixed Price Proposals should be submitted on company letterhead stationery and must include the following information: (1) Cost Breakdown, (2) Unit Price, (3) Extended Price, (4) Company DUNS, TIN, CAGE Code, (5) Payment Terms, (6) Discount offered for prompt payment. Email quotes to the POC Viki Frey, Contract Specialist,
[email protected]. Email quotes to the POC Viki Frey, Contract Specialist,
[email protected]. Anticipated Award Date for the PO Contract is 15 April 2013, this date is approximate and not exact. Schedule B: Line Item 1: Service and Maintenance Agreement (SMA) for Uninterrupted Power Supply (UPS) Units located at the D5 Command Center, 431 Crawford Street, Portsmouth, Virginia 23704. Tag # / Description / Model # / Annual PM Qty / Coverage Type 1326757 / NPower 65-80 / 37SA065A0C6L306 / qty 2 / Preferred 1326758 / Sealed Battery / 37BP065XMJ1BNS / qty 2 / Preferred 1326759 / MBC Slim LN Cab / 37MB0650AC61Q / qty 1 / Essential 1326760 / MBC Slim LN Cab / 37DU065C1A000 / qty 1 / Essential Period of Performance for Line Item 1: Base Year: 30 April 2013 through 29 April 2014 Option Period 1: 30 April 2014 through 29 April 2015 Option Period 2: 30 April 2015 through 29 April 2016 Line Item 2: Service and Maintenance Agreement (SMA) for Uninterrupted Power Supply (UPS) Units located at the D11 Command Center, USCG Bldg 51-2; Coast Guard Island, Alameda, California 94501. Tag # / Description / Model # / Annual PM Qty / Coverage Type 1327106 / NPower 65-80 / 37SA065C0C6BA24 / qty 2 / Essential 1327108 / Sealed Battery / 37BP065XMJ1BNL / qty 2 / Essential 1327107 / MBC Slim LN Cab / 37MB0650CC61N / qty 1 / Preferred 1329788 / MBC Slim LN Cab / 37DU065C2A000 / qty 1 / Preferred Period of Performance for Line Item 2: Base Year: 24 June 2013 through 23 June 2014 Option Period 1: 24 June 2014 through 23 June 2015 Option Period 2: 24 June 2015 through 23 June 2016 STATEMENT OF WORK (SOW): The Contractor shall provide the Level of Service Maintenance as noted in the Schedule B for each specific Tag Number and Location. It is required that the technicians providing these Levels of Service on the items listed be a Qualified Technician to service those items and provide the Preventive Maintenance. They are to be Factory Trained Technicians. Travel: The Contractor will be required to travel to the locations listed in the Schedule B. The Contractor's Firm Fixed Price quote is to include All Travel Expenses. The Contractor will not be paid any additional Travel Expenses. Coverage Type: Level 1: - Guaranteed 4-hour response, Seven days a week. Twenty-four hours a day. - Emergency Service Labor and Travel Coverage - Parts Coverage - Preventative Maintenance visits scheduled Monday-Friday 8am-5pm Level 2: - Guaranteed 4-hour response, Seven days a week. Twenty-four hours a day. - Emergency Service Labor and Travel Coverage - Parts Coverage - Preventative Maintenance visits scheduled at USCG convenience PROVISIONS / CLAUSES • The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 -- Instructions to Offeror's -- Commercial Items (Feb 2012) FAR 52.212-2 -- Evaluation -- Commercial Items (Jan 1999). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Dec 2012) to include Alt I (Apr 2011). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Feb 2012) with the following addenda's. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (Dec 2012). Contractors are located and identified in SAM by their DUNS number. To facilitate payment via Electronic Funds Transfer - SAM, contractors should be registered in SAM. A DUNS number can be obtained via www.dnb.com and SAM registration can be obtained via www.sam.gov. • The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Mar 2012) FAR 52.222-21 -- Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26 -- Equal Opportunity (Mar 2007) FAR 52.222-35 -- Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793) FAR 52.222-37 -- Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) FAR 52.222-50 -- Combating Trafficking in Persons (Feb 2009) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 -- Buy American Act - Supplies (Feb 2009) FAR 52.225-13 -- Restriction on Certain Foreign Purchases (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332) • The above/following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. JUSTIFICATION FOR OTHER THEN FULL AND OPEN COMPETITION 1. Agency and Contracting Activity: U.S. Coast Guard Command, Control and Communications Engineering Center (C3CEN), 4000 Coast Guard Blvd, Portsmouth, VA 23703 2. Nature and/or description of the action being approved: Warranty renewals for the Uninterrupted Power Supply (UPS) Systems installed as USCG LANT and PAC Area Command Centers. NOTE: Currently, both UPS systems are covered under the existing Emerson/Liebert warranty contracts (three (3) year contracts) set to expire for LANTArea on 29 April 2013and PACArea on 24 June 2013. 3. Description of supplies or services required to meet the agency's needs (including the estimated value): Provide warranty services for both LANT and PAC Area Command Centers UPS systems. 4. An Identification of the statutory authority permitting other than Full and Open Competition: FAR 6.302-1(2) (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components there, of, when it is likely that award to any other source would result in a substantial duplication of cost to the Government. 5. A Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. Liebert Services customer engineers are factory trained specifically for components and parts associated with both UPS systems at LANT and PAC Area. Both UPS systems were originally purchased by C3CEN from Emerson/Liebert and are currently maintained and serviced under an existing contract(s) purchased that will soon expire. With the extension of warranty contracts for both sites a seamless extension of current warranty services will occur. Because Liebert Corporation is a sole-source manufacturer/service provider, they do not support third party organizations with technical back-up nor do they guarantee parts availability. If a contract is held with a third party and a critical situation arises where Liebert Services is called to the site, the work performed will be billed back to the end user and not the third party. 6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Requirement shall be posted to FedBizOps as Brand Specific. 7. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable: Prices offered will be compared to previous acquisitions. 8. Description of Market Research conducted (see Part 10) and the results or a statement of the reason market research was not conducted: GSA website searches conducted for same/similar batteries - UPS12-210MR - conducted. The batter type located, but prices listed include battery only, not installation labor and disposal services for the old batteries. Although competitive to battery prices supplied by Emerson, batteries purchased and installed by another entity other than Emerson would invalidate the possibility of receiving future warranty service for the UPS system as a whole via Liebert. 9. Any other facts supporting the use of other than full and open competition: Although other outside sources were fou8nd to have competitive battery prices similar to Emerson, batteries purchased and installed by any other entity other than Emerson would invalidate the possibility of receiving future warranty service for the UPS system as a whole via Liebert. Per Liebert: The current extended UPS system warranty set to expire by Liebert during April 2013 could only be extended another three (3) years at that time for only the non-battery components of the system should C3Cen seek another vendor for the batteries, the labor to install them, or both. 10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition: Emerson Network Power, Liebert Services 11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for supplies or services required: None at this time. 12. Contracting Officer's Certification: I certify that this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is accurate and complete to the best of my knowledge. James A. Lassiter Contracting Officer 13. Evidence that any supporting data that is the responsibility of technical or requirements personnel. I certify this procurement meets the Governments minimum need and the supporting data which forms a basis for this justification, is complete and accurate to the best of my knowledge and belief Jennifer L. Barnes Technical Representative