Sanding Booth

1. Action Code: K 2. Send to Fed Biz Ops: Yes 3. Date: 9/10/12 4. Classification Code: 49 - Maintenance & Repair Shop Equipment 5. Contracting Office Address: USCG Aviation Logistics Center SRR Procurement 1664 Weeksville Road Elizabeth City, North Carolina 27909-5001 6. Title: Sanding Booth 7. Response Date: 13 September 2012 at 12:30 pm EST 8. Primary Point of Contact: Crissy Taber 9. Secondary Point of Contact: Gail Payne 10. Solicitation Number: HSCG38-12-Q-200102 11. Reference Number: N/A 12. Description: 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; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-12-Q-200102 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60. The applicable North American Industry Classification Standard Code is 333411. The small business size standard is 500 employees. This Solicitation is 100% set-aside for Small Business Concerns. All responsible small business sources may submit a quotation which shall be considered by the agency. The USCG plans to issue one (1) firm fixed price purchase order for one (1) Sanding Booth. See the attached document titled "HSCG38-12-Q-200102-Requirements" for additional information. The Government requires the booth to be delivered within sixty (60) days after receipt of order. Earlier deliveries are desired and will be accepted. F.O.B. Destination is requested as the F.O.B. point for the Deliverables. All offers will be considered F.O.B. Destination unless F.O.B. origin is specified AND shipping costs are included. Deliver to: USCG Aviation Logistics Center 1664 Weeksville Road Receiving Section, Bldg. 63 Elizabeth City, NC 27909-5001. NO DRAWINGS, SPECIFICATIONS OR SCHEMATICS ARE AVAILABLE FROM THIS AGENCY . Packaging Instructions: Packaging, packing and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to Coast Guard units without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Labeling shall include the appropriate national Stock number, Part Number, Nomenclature, quantity, Purchase Order and Line Item number. Labeling data shall be attached to the outside of the shipping container. Bar coding is authorized, however, not mandatory. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. The following FAR provisions and clauses apply to this RFQ and are incorporated by reference: 52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.212-1 Instructions to Offerors - Commercial Items Feb 2012 52.212-2 Evaluation-Commercial Items Jan 1999 The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. In lieu of this provision, quotes will be evaluated in accordance with FAR 13.106 based on the criteria listed below. Award will be made to the offeror representing the best value to the Government. Technical Capability: Technical capability will be evaluated on the ability of the offeror to meet the requirements listed in the attached document titled "HSCG38-12-Q-200102-Requirements". Offeror's quotation must address each of the listed requirements and state whether or not their Sanding Booth meets each requirement. Any deviations from the stated requirement must be clearly annotated. Offerors are encouraged to provide any additional information they feel will better demonstrate their company's ability to meet the USCG's needs. The USCG will evaluate the minimum criteria listed in the specification and all additional information provided by the offeror to determine the Sanding Booth that best meets the USCG's needs. Price: The offeror shall provide firm fixed pricing for the requested items. If offeror proposes F.O.B. Origin, the quote must also include estimated shipping costs for each line item. The shipping costs will be used in evaluation of price to arrive at a total cost to the Government. Delivery: Offerors that can meet the Government's required delivery date will be rated higher than offers that are unable to deliver on time. Offerors that can deliver sooner than the Government's required delivery date will be rated the highest. 52.212-3 Offeror Representations and Certifications-Commercial Items Apr 2012 X Alternate I of 52.212-3. Apr 2011 An offeror shall complete only paragraph (b) of this 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 (c) through (m) of this provision. (End of Provision) 52.212-4 Contract Terms and Conditions Commercial Items Feb 2012 52.212-5 Contract Terms and Conditions Required to Implement Aug 2012 Statutes or Executive Orders-Commercial Items. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). (12) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644) (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (End of clause) 52.252-2 Clauses Incorporated by Reference Feb 1998 This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.211-15 Defense Priority and Allocation Requirement Apr 2008 52.246-15 Certificate of Conformance April 1984 52.247-34 F.O.B. Destination Nov 1991 Solicitation Provisions 52.211-14 Notice of Priority Rating for National Defense, Apr 2008 Emergency Preparedness and Energy Program Use Any contract awarded as a result of this solicitation will be [ ] DX rated order; [X] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.] (End of Provision) Homeland Security Acquisition Regulation Provision 3052.209-70 Prohibition on contracts with corporate expatriates. Jun 2006 (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. (End of provision) Closing date and time for receipt of offers is 13 September 2012 at 12:30 pm EST. Anticipated award date is on or about 18 September 2012. E-mail quotes are preferred and may be sent to [email protected] . Please indicate HSCG38-12-Q-200102 in subject line. Quotes may also be faxed to 252-334-5242, or mailed to the following address: USCG ALC 1664 Weeksville Road SRR Hangar 75, HSCG38-12-Q-200102 Attn: Crissy Taber Elizabeth City, NC 27909 NOTICE FOR FILING AGENCY PROTESTS 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.