SOLICITATION NOTICE
D -- Provide Satellite Services for Tachyon Quick Deploy Units
- Notice Date
- 9/9/2004
- Notice Type
- Solicitation Notice
- NAICS
- 517910
— Other Telecommunications
- Contracting Office
- DHS - Direct Reports, United States Coast Guard (USCG), Commander (fcp), USCG Maintenance and Logistics Command - Atlantic, 300 East Main Street Suite 965, Norfolk, VA, 23510-9113
- ZIP Code
- 23510-9113
- Solicitation Number
- HSCG84-05-Q-AAT123
- Response Due
- 9/20/2004
- Point of Contact
- Wanda Cortesini, Contracting Officer, Phone 757-628-4125, Fax 757-628-4134, - Karen McElheney, Contract Specialist, Phone 757-628-4824, Fax 757-628-4134,
- E-Mail Address
-
wcortesini@mlca.uscg.mil, KMcelheney@mlca.uscg.mil
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in 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. The Request for Quotation (RFQ) is HSCG84-05-Q-AAT123. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2001-24. This requirement is being solicited as 100% small business set-aside. The NAICS Code is 517910, Size Standard is $12.5M. The U. S. Coast Guard intends to award a Firm Fixed Price contract for satellite services in support of Tachyon Networks, Inc. Quick Deployment Units utilizing SAP procedures pursuant to FAR Parts 12 and 13.5. The satellite services to be provided must be compatible with the Quick Deployment Units owned by the Coast Guard and manufactured by Tachyon Networks, Inc. with a Default Speed of 1.544 MBPS/512KBPS. Service shall consist of a basic monthly service fee and a monthly usage fee chargeable only when the unit(s) is/are active. The usage fee shall be based on 11+ days per month. Award will be made based on price alone. Base Year: 1 October 2004 – 30 September 2005 QTY/UNIT UNIT PRICE TOTAL CLIN 0001AA Basic Monthly Service: 12 mos $_________ $________ CLIN 0002AA Monthly Service, 11+ days 12 mos $_________ $________ Option Year I: 1 October 2005 – 30 September 2006 QTY/UNIT UNIT PRICE TOTAL CLIN 1001AA Basic Monthly Service:12 mos $_________ $________ CLIN 1002AA Monthly Service, 11+ days 12 mos $_________ $________ Option Year II: 1 October 2006 – 30 September 2007 QTY/UNIT UNIT PRICE TOTAL CLIN 2001AA Basic Monthly Service:12 mos $_________ $________ CLIN 2002AA Monthly Service, 11+ days 12 mos $_________ $________ Option Year III: 1 October 2007 – 30 September 2008 QTY/UNIT UNIT PRICE TOTAL CLIN 3001AA Basic Monthly Service:12 mos $________ $________ CLIN 3002AA Monthly Service, 11+ days 12 mos $________ $________ Option Year IV: 1 October 2008 – 30 September 2009 QTY/UNIT UNIT PRICE TOTAL CLIN 4001AA Basic Monthly Service:12 mos $________ $________ CLIN 4002AA Monthly Service, 11+ days 12 mos $________ $________ FAR 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 a clause may be accessed electronically at the following Internet address: http://www.arnet.gov/far/. (End of Clause) FAR 52.212-1: Instructions to Offerors Commercial Items (Jan 2004) FAR 52.213-3: Offeror Representations and Certifications (May 2004), Alt I (Apr 2002) Vendors must include a completed copy of this provision with their quote. FAR 52.212-4: Contract Terms and Conditions – Commercial Items (Oct 2003) and Addenda as follows: FAR 52.217-8, Option to Extend Services (Nov 1999), fill-in: 60 days FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000), fill-in: 30 days, 60 days FAR 52.232-18, Availability of Funds (Apr 1984) HSAR 3052.209-70: Prohibition On Contracts With Corporate Expatriates (Dec 2003) (a) Prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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, Public Law 107-296, 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 after November 25, 2002, 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, Public Law 107-296. (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 after the date of enactment of this Act and 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 Public Law 107-296 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. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107-296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of provision) 52.212-5: Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (June 2004) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: FAR 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553). (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: FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212). FAR 52.225-13, Restriction on Certain Foreign Purchases (Oct 2003) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). FAR 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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. (None Applicable) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Apr 2002)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-41, Service Contract Act of 1965, as Amended (May 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Apr 2003)(46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64, (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause) Refer questions to: Karen A. McElheney, Contract Specialist, U. S. Coast Guard, Maintenance and Logistics Command Atlantic (fcp-3), 300 East Main Street, Suite 965, Norfolk, VA 23510, e-mail: kmcelheney@mlca.uscg.mil, phone: (757) 628-4824. Submit written quotes to the address above no later than 4:00 PM EDT on 20 September 2004. NOTE: THIS NOTICE MAY HAVE POSTED ON WWW.FEDBIZOPPS.GOV ON THE DATE INDICATED IN THE NOTICE ITSELF (09-SEP-2004). IT ACTUALLY APPEARED OR REAPPEARED ON THE FEDBIZOPPS SYSTEM ON 05-OCT-2004, BUT REAPPEARED IN THE FTP FEED FOR THIS POSTING DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
- Web Link
-
Link to FedBizOpps document.
(http://www.eps.gov/spg/DHS-DR/USCG/FCPMLCA/HSCG84-05-Q-AAT123/listing.html)
- Place of Performance
- Address: U. S. Coast Guard Maintenance and Logistics Command Atlantic 300 East Main Street, Suite 700 Norfolk, VA
- Zip Code: 23510
- Country: USA
- Zip Code: 23510
- Record
- SN00689895-F 20041007/041005213841 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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