Dehumification Equipment Modification

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The U.S. Coast Guard (USCG) intends to issue a Firm Fixed Price Purchase Order using the procedures of FAR Part 12 and Part 13. This Request for Quote HSCG38-08-Q-500052 is being assigned to this procurement for tracking purposes only and incorporates the provisions of FAC 2005-26. This announcement constitutes the only solicitation; firm-fixed-price proposals for the following items are being requested and a written solicitation will not be issued. It is not anticipated that two or more small business manufacturers with capabilities for this requirement therefore the small business set-aside is dissolved. The North American Industry Classification System Code is 334512 and the size standard is 500 employees. The United States Coast Guard intends to negotiate on a limited source basis with OEM LOGIS-TECH Inc. (Cage 0BJV1) to perform a one-time modification of Dehumidification Equipment for standardization and warranty. Schedule of Supplies/Services and Price /Cost Est Unit of Unit Total CLIN Description Qty Issue Price Price 0001 P/N 12-406 1 JB $__________ $___________ Cart, White Mount DH unit to Cart 0002 INTEGRATION 1 JB $__________ $___________ Integration of components on DH cart and unit. 0003 POST COLLER INSTALL 1 JB $__________ $___________ Installation of cooler assembly 0004 SHIPPING 1 JB $__________ $___________ Equipment must be new material. The USCG does not own, nor can it provide, specifications, plans, drawings, or other technical data. All responsible sources may submit an offer which shall be considered by the agency. RECEIPT OF QUOTES: All responsible sources may submit a quote which shall be considered. The closing date for receipt of quotes is 18 SEP 2008, 3:00 pm EST. Quotes may be submitted on company letterhead stationary and must include the following information: Solicitation Number, Nomenclature, Part Number, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. Quotes may be F.o.b. Destination, or F.o.b. Origin, Freight Prepaid quotes must include shipping prices for the purpose of evaluating quotes to determine lowest in overall cost to the Government. Facsimile quotes are acceptable and may be forwarded via fax number 252-334-5242. Point of contact is Daniel House, Phone 252-384-7230, and email: [email protected]. EVALUATION – COMMERCIAL ITEMS: 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 Government intends to evaluate quotes and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The following factors shall be used to evaluate offerors are listed in order of importance: (1) Technical Conformance to Specifications, (2) Price including Freight/Shipping Costs. The technical evaluation will include examination of the product literature and technical features for conformance with the requirements of the Schedule of Supplies/Services and Price /Cost on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The evaluation factor for award of this requirement will be based on lowest price technically acceptable obtained from a responsible offeror. Contractors must have a valid Cage Code and DUNS number and be registered in CCR. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2006) Offerors shall include a completed copy of this provision with their offer or complete only paragraph (j) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov or www.arnet.gov/far. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision. The following FAR Part 12 provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Nov 2007). The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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 a solicitation provision may be accessed electronically at these addresses: www.deskbook.Osd.mil or www.arnet.gov/far. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2007) is tailored as follows: FAR 13.004(a). A quotation is not an offer and consequently cannot be accepted by the government to form a binding contract. FAR 52.211-15, Defense Priority and Allocation Requirement (Sep 1990); FAR 52.212-2 Evaluation – Commercial Items (Jan 1999); FAR 52.232-1 Payments (Apr 1984); FAR 52.242-13 Bankruptcy (Jul 1995);FAR 52.246-15 Certificate of Conformance (Apr 1984); FAR 52.247-1 Commercial Bill of Lading Notations (Feb 2006); FAR 52.243-1, Changes Fixed Price (Aug 1987) Alternate I (Apr 1984); FAR 52.245-1 Property Records (Jun 2007); FAR 52-546-15 Certificate of Conformance (Apr 1984); FAR 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984). Homeland Security Acquisition Regulation (HSAR) 3052.209.70 / 48 CFR 3009.104-75 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 the acquisition described in subsection (b)(1) of Section 835 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 3009.104-70 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) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2006); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government (Sep 2006), Alternate I, (Oct 1995); FAR 52-219-1,Small Business Program Representatives(May 2007); FAR 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003) Alternate I (Oct 1995), Alternate II ( Mar 2004FAR 52.222-19, Child-Labor-Cooperations with Authorities and Remedies (Feb 2008); FAR 52.219-28 Post-Award Small Business Program Representation (June 2007) ; 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 Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006); FAR 52.222-36, Affirmative Action for Workers with Disabilities (June 1998); FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (Sep 2006); FAR 52.222-50, Combating Trafficking in Persons (Aug 2007), Alternate I (Aug 2007); FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2006); FAR 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006); FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). PACKAGING, PACKING, AND LABELING At the time of each delivery for supplies or services, the contractor shall furnish a completed packaging slip. The original shall be attached to the outside of the shipping carton, one copy shall be sent to the CO/COTR and one copy shall be attached to the original invoice when submitted to the payment office. The packaging slip shall include at a minimum the following information: National Stock Number, Part Number, Nomenclature, Serial Number, Contract/Delivery Order, Line Item Number, and Quantity INSPECTION AND ACCEPTANCE Inspection and acceptance shall be at destination, by government representatives and shall be but not limited to end-item assembly, count, condition, proper packaging and the documentation required by this solicitation. For new end item equipment, the contractor shall furnish and attach to each packing slip, a Certificate of Conformance (COC) IAW FAR 52.246.15, acquired by the government in response to this solicitation. Components found to have deficiencies will be reported on Standard Form “SF368”, Product Quality Deficiency Report, to the contractor for investigation. The contractor shall report findings of the investigation within thirty (30) calendar days after receipt of quality deficiency exhibit to the CO/COTR. Failure to submit the appropriate certificate shall constitute an improper invoice and result in nonpayment. INVOICE INSTRUCTIONS 1. Supplies or services must be provided to the “Ship to” address designated under each Contract Line Item Number (CLIN) before payment can be made. 2. Original invoices are required for payment, however, a copy can be accepted if marked ORIGINAL. Do not send extra or multiple copies of the invoices. This only delays processing. Invoices may be e-mailed to : ARSC-Fiscal @uscg.mil 3. Contractors must be registered in the Central Contractor Registration (CCR) system. (www.ccr.dlsc.dla.mil) 4. Payment of invoice is made by Electronic Funds Transfer (EFT). Contractor banking information should be kept up to date in the CCR. 5. Complete Business Name and Remittance Address, Invoice Number, and Invoice Date. It is suggested that the Tax Identification Number also be cited. It is also suggested that you EFT information be cited. 6. Cite the Contract No in block 2 along with the Delivery Order No in Block 4 (first page of the SF 1449 Form). 7. Description, price and quantity of supplies or services actually delivered or rendered. 8. The contractor shall use a commercial bill of lading and be reimbursed for the direct and actual transportation cost as a separate item in the invoice. 9. INVOICES MUST BE SUBMITTED DIRECTLY TO THE ADDRESS PROVIDED IN BLOCK 18a OF THE SF 1449 FORM , or be email to: ARSC-Fiscal @uscg.mil 10. Payment will be made as close as possible to 30 days after a proper invoice is received at the designated billing office (see Block 18a) or the date the material or service is accepted by the ordering unit, whichever is later. 11. Discounts are taken from the date of the invoice, not the date that the invoice is received, and only if the discount is advantageous to the government based on the Treasury rate of interest. FEDERAL AGENCIES ARE EXEMPT FROM TAXES: Tax exemption number for the USCG is B-239641. A certificate is available upon request.