MODIFICATION
20 -- CERTIFIED SPERRY MARINE RADAR PARTS
- Notice Date
- 9/12/2005
- Notice Type
- Modification
- NAICS
- 423690
— Other Electronic Parts and Equipment Merchant Wholesalers
- Contracting Office
- DHS - Direct Reports, United States Coast Guard (USCG), Commanding Officer (vpl), USCG Maintenance and Logistics Command - Atlantic, 300 East Main Street Suite 600, Norfolk, VA, 23510-9102
- ZIP Code
- 23510-9102
- Solicitation Number
- HSCG80-05-Q-313V37
- Response Due
- 9/13/2005
- Archive Date
- 9/28/2005
- Point of Contact
- Mia Grant, Contracting Officer, Phone 757-628-4646, Fax 757-628-4676,
- E-Mail Address
-
mgrant@mlca.uscg.mil
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 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. This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circular 05-05. This is an unrestricted procurement. The purchase order will be awarded using simplified acquisition procedures in accordance with FAR Part 13 as a firm fixed price purchase order. The USCG intends to issue a sole source purchase order to Northrop Grumman, the original equipment manufacturer (OEM) for the following Certified Sperry Marine Radar Parts for Rascar Radar Model 2500-M-27X X-Band Radar and Model 2500M-3145 S-Band Radar: Item 1, Paxman Valenta Diesel Engine Fuel Injector P/N OD29707, 24 each; Item 2, Paxman Valenta Diesel Engine Fuel Injector Pump P/N OD30539, 6 each; Item 3, Paxman Valenta Diesel Engine Injection Pipe P/N OD30352, 24 each; and Item 4, Turbo Gasket Kit, 3 kits, which includes the following Paxman Parts in each kit: SEAL P/N OD30427, 12 each; ORING P/N ST036745, 2 each; ORING P/N ST036733, 3 each; JOINT P/N 16Y3JX46212B, 1 each; ORGIN P/N ST036738, 2 each; LOCKING NUT P/N ST317419, 24 each; WASHER P/N ST318019, 24 each; GASKET P/N 92MY44, 2 each; JOINT P/N 16Y3JX87027B, 1 each; JOINT P/N Y3J12949A, 2 each; JOINT P/N 16Y3JC45155B, 1 each; JOINT P/N 16Y3JC45126A, 1 each; JOINT P/N Y3J21267, 1 each; ORING P/N ST036727, 1 each; ORING P/N ST036724, 1 each; ORING P/N ST506818, 1 each; GASKET P/N ST029404, 1 each; WASHER P/N ST012631, 2 each; DOWTY P/N ST036607, 2 each; DOWTY P/N ST036613, 2 each; DOWTY P/N ST036620, 2 each; ORING P/N ST036727, 6 each; ORING P/N ST036736, 1 each; ORING P/N ST036743, 2 each; ORING P/N ST036747, 2 each; ORING P/N ST036749, 2 each; HEX BOLT P/N ST310166, 24 each; ORING P/N OD28119, 2 each; DOWTY P/N ST036616, 1 each; SEAL RING P/N OD30628P12, 4 each; and a JOINT P/N 16Y3JC45624A, 1 each. All questions concerning this concerning this request for quotation shall be directed to Ms. Mia Grant at 757-628-4646. To receive an award the company must be registered in the Central Contractor Registration Database (CCR) http://dlis.dla.mil/ccr/default.asp. Inspection and acceptance shall be at destination. The required delivery date is 6 weeks after award of purchase order. Anticipated award date is September 23, 2005. All responsible sources may submit a quote, which shall be considered by the Agency. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference. FAR 52.212-1 Instructions To Offerors Commercial Items (Jan 2005), FAR 52.212-2 Evaluation of Commercial Items (Jan 1999) will not be used. The Coast Guard will evaluate quotations and make an offer resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation to the responsible vendor whose quote conforms to the solicitation and is determined to be most advantageous to the Government based on ability to meet basic requirements, delivery and price. FAR 52.212-3 Offeror Representations and Certifications Commercial Items (Mar 2005), Alt I (Apr 2002). These certifications must be submitted prior to award; copies may be obtained by calling the Agency. FAR 52.212-4 Contract Terms and Conditions Commercial Items (Oct 2003) ADDENDUM to FAR 52.212-4 FAR 52-215-20 Alt IV Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) (a) Submission of cost or pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the acquisition if requested FAR 52.247-34 F.o.b. Destination FAR 52.252-2. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract 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 this address: http://www.arnet.gov/far FAR 52.212-1 Instructions to Offerors Commercial Items (JAN 2005) FAR 52.212-3 Offeror Representations and Certification Commercial Items (MARCH 2005) FAR 52.212-4 Contract Terms and Conditions, Commercial Items (OCT 2003) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JULY 2005) The following clauses with FAR 52.212-5 are applicable: FAR 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C.644) FAR 52.222-3 Convict Labor (JUNE 2003) (E.O. 11755) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JUN 2004) (E.O. 13126) 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 52.225-1 Buy American Act Supplies (JUN 2003) (41 U.S.C. 10a-10d) FAR 52.225-3 Buy American Act—Free Trade Agreements—Israeli Trade Act (JAN 2004) FAR 52.225-13 Restriction on Certain Foreign Purchases (JUN 2003) FAR 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (MAY 1999) The following clause applies to this acquisition and is provided in full text: HSAR 3009.104-75 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) Closing date and time of receipt of quotes is September 13, 2005, 4:00 p.m., Eastern Daylight Time (EDT). Quotes received after this date and time will not be considered. Facsimile Offers and acceptable and may be forwarded via fax number 757-628-4676. Email quotes are acceptable and may be forwarded to Ms. Mia Grant at Mia.D.Grant@uscg.mil. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price; and extended price; FOB point; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; delivery date; and applicable warranty. JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION HSCG80-05-Q-313V37 SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Pursuant to the requirements of FAR 13.501(a) Sole Source Acquisitions, the following facts and rationale are presented: (1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.” – U.S. Coast Guard, Maintenance and Logistics Command Atlantic (MLCLANT), Naval Engineering Division, Vessel Procurement and Logistics Branch, Norfolk, VA, hereby presents this Justification for Other Than Full and Open Competition (JOTFOC) for review and approval. (2) Nature and/or description of the action being approved. – This Justification for Other Than Full and Open Competition seeks approval to contract with the original equipment manufacturer (OEM), Northrop Grumman Sperry Marine Systems or a certified Sperry Marine Systems distributor. Request approval to proceed with this sole source acquisition, for a firm fixed-price purchase order for Sperry Marine Rascar Radar Model 2500-M-X X-Band Radar and Model 2500M-3145 S-band Radar Parts. Simplified acquisition procedures will be used in accordance with FAR 13.5 Test Program for Certain Commercial Items. (3) A description of the supplies or services required to meet the agency’s needs (including the estimated value). – This Justification for Other Than Full and Open Competition is to obtain approval for the procurement of Sperry Marine Rascar Radar Model 2500-M-X X-Band Radar and Model 2500M-3145 S-Band Radar Parts. The primary function of the Rascar Radar is to navigational information regarding other ships for the purpose of safe navigation and interception of other vessels. The radar provides this navigational information for the WPC-179 Cyclone Class Patrol Coastal ships. The information provided by this radar system is vital to the ships ability to perform its law enforcement and national defense missions and to safely navigate. This requirement is essential to the mission capability of the U.S. Coast Guard's WPC-179 Cyclone Class Patrol Coastal ships. The estimated dollar value for this procurement is $105,000.00. (4) An identification of the statutory authority permitting other than full and open competition. – Section 4202 of the Clinger-Cohen Act of 1996 as implemented by FAR 13.5 Test Program for Certain Commercial Items. (5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. – Rascar Radar Model 2500-M-27X-Band Radar and Model 2500M-3145 S-Band Radar Parts are currently in use on the WPC-179 Cyclone Class Patrol Coastal radar systems. Utilizing Northup Grumman’s Sperry Marine Systems (OEM) for the Sperry Marine Rascar Radar Parts will maintain the design function of the Rascar Radar system and minimize failure due to non-compatible parts. The necessary SOLICITATION HSCG80-05-Q-313V37 SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION manufacturing data are proprietary and controlled by Northup Grumman Sperry Marine Systems. The data was not procured for the radars currently used on the WPC-179 Cyclone Class Patrol Coastal ships and therefore were not available for release to generate competition (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether an EPS notice was or will be publicized as required by Subpart 5.2, and if not, which exception under 5.202 applies. – In accordance with FAR 5.201, the intent to contract for Sperry Marine Radar Parts will be advertised on the Electronic Posting System (EPS)/FedBizOpps. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. – It is the Contracting Officer’s opinion that prices for this procurement will be fair and reasonable based on limited competition between privately owned businesses, price analysis and similar items used in the commercial marketplace. Additionally, proposed prices will undergo comparison with previously prices paid. (8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. – There are several sources that manufacture similar radars in the commercial marketplace; however, a similar unit would require unique modifications to the Sperry Marine Rascar Radar System. Sperry Marine Rascar Radar Model 2500-M27X X-Band and 2500M-3145 S-Band are only radars that meets form, fit and function required without modification to the Radar Systems. (9) A listing of the sources, if any, which expressed in writing, an interest in the acquisition. – Only one company, Northrop Grumman, responded to the Sources Sought posted to FedBizOpps. Northup Grumman is the OEM for the Sperry Marine Rascar Radars. A presolicitation notice will be issued on FedBizOpps. All interested companies will be considered. (10) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. – The Coast Guard does not possess technical expertise nor did they purchase the data as part of the initial system acquisition for the Sperry Marine Rascar Radar System to foster a competitive procurement effort. Complete specifications and drawings are not available and the cost to procure them is not easily quantifiable. As a result, it would be difficult to foster competition, as the Coast Guard does not have copyrights, proprietary data, adequate technical descriptions of the manufacturing, performance and acceptance data for the radars. The current systems are deteriorating to the SOLICITATION HSCG80-05-Q-313V37 SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION point that system replacement is being looked at for the future at which time the Coast Guard intends to develop a specification, which will promote competition. In the meantime the Sperry Marine Rascar Radar System must be replaced with remanufactured parts from the original equipment manufacturer, Northrop Gurmman Sperry Marine Systems or authorized distributor. (12) I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief. Date: _________________________ ____________________________ MIA D. GRANT Contracting Specialist (13) I certify this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate. Date: _________________________ ____________________________ LTJG MALCOM BELT MLCA, Vr-2 APPROVED/DISAPPROVED Date: _________________________ ____________________________ GAIL W. MCDANIEL Contracting Officer NOTE: THIS NOTICE WAS NOT POSTED TO WWW.FEDBIZOPPS.GOV ON THE DATE INDICATED IN THE NOTICE ITSELF (12-SEP-2005); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
- Web Link
-
Link to FedBizOpps document.
(http://www.eps.gov/spg/DHS-DR/USCG/COUSCGMLCA/HSCG80-05-Q-313V37/listing.html)
- Record
- SN00893426-F 20050914/050912213551 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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