Description
This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6, FAC 2005-83 (Sep2015) 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 332912. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 12. 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 System for Award Management (www.sam.gov) and shall provide the company Tax Information Number (TIN) with their offer. The closing date and time for receipt of quote is Sep 15TH at 10:00 a.m. Eastern Standard Time. The United States Coast Guard Surface Forces Logistics Center has a requirement and requesting quotations for the following part: Item 1) NSN: 5306-01-410-6893 BOLT, BLADE MFG: ROLLS-ROYCE MARINE, INC QTY: 25 EA P/N: 110225027 The items are used on various US Coast Guard vessels. All items will be individually packaged and marked IAW SP-PP&M-001. Inspection and acceptance shall take place at Destination after verification of preservation, individual packaging and marking requirements and confirmation of no damage during transit. Failure to comply with packaging requirements will result in rejection and nonpayment. Delivery shall be F.O.B. Destination to USCG Surface Forces Logistics Center, Baltimore MD. NOTE: NO DRAWINGS, SPECIFICATIONS OR SCHEMATICS ARE AVAILABLE FROM THIS AGENCY. OFFERORS MUST SUBMIT THE FOLLOWING INFORMATION ON THEIR QUOTE: 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 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, 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 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (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) The following FAR Clauses provisions apply to this solicitation: FAR 52.212-1, Instructions to Offerors-Commercial Items (APR 2014) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (MAR 2015) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their quote. The following FAR Clauses apply to this solicitation and any contract resulting from this solicitation. Offerors may obtain full text versions of these clauses electronically at www.arnet.gov.; FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2015). The following clauses listed within FAR 52.212-5 (May 2015) are applicable: (a) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013)(Pub.L. 109-282)(31 U.S.C. 6101 note); FAR 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)(15 U.S.C. 644); FAR 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013)(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 (Jan 2014) (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 Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793); FAR 52.222-50, Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513); FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Action (May 2014) (41 U.S.C. 10a-10d, 19 U.S.C. 2112 note, Pub L 108-77, 108-78, 108-286, 109-53 and 109-169). (iii) Alternate III (May 2014) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award (May 2014)(31 U.S.C. 3332). The following items are incorporated as addenda to this solicitation: Copies of HSAR clauses may be obtained electronically at www.dhs.gov. CGAP 3042.302-90 Valuation Requirements for the Acquisition of Spare Parts Purchased for Inventory Control Points from HQ Contracts (OCT 2008). Copies of CGAP clauses may be obtained electronically at: www.uscg.mil/acquisition/procurement/pdf/CIM_4200_19H.pdf 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. (End of clause)