SOLICITATION NOTICE
16 -- HU-25 AIRCRAFT SPARE PARTS BUY-CONTINUED
- Notice Date
- 2/3/2006
- Notice Type
- Solicitation Notice
- NAICS
- 336413
— Other Aircraft Parts and Auxiliary Equipment Manufacturing
- Contracting Office
- DHS - Direct Reports, United States Coast Guard (USCG), Commanding Officer, USCG Aircraft Repair & Supply Center, HU25, HH65, H60J, C130, EISD, 130J or Support Procurement Building 79, 75, 79, 78, 78, 19 or 63, Elizabeth City, NC, 27909-5001
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-06-Q-101014(CONTINUED)
- Response Due
- 4/2/2006
- Archive Date
- 6/1/2006
- Description
- THIS IS THE CONTINUED PORTION OF HSCG38-05-Q-101014. The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) provisions and clauses apply: 52.212-1 Instructions to Offerors- Commercial Items (Jan 2006); 52.212-2 Evaluation-Commercial Items (Jan 1999), award will be made utilizing the following factors, in descending order of importance, capability of the item to meet the Government's requirement, price and past performance. 52.212-3 Offeror Representations and Certifications - Commercial Items (Mar 2005) Vendor shall include a completed copy of this provision with his quote as follows: (1) Only complete paragraph (j) of this provision inclusive of information required by Alt I if the annual representations and certifications electronically have been completed at http://orca.bpn.gov; or (2) Complete only paragraphs (b) through (i) inclusive of information required by Alt I if the annual representations and certifications have not been completed electronically at the ORCA website. 52.212-4 Contract Terms and Conditions- Commercial Items (Sept 2005) is hereby tailored to incorporate the following Federal Acquisition Regulations and Homeland Security Regulation clauses. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES: 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (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 commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.246-2 Inspection of Supplies - Fixed Price (Aug 1996) 52.246-15 Certificate of Conformance (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 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 internet address; www.arnet.gov/far/ (End of Clause) HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSES: 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 clause) 3052.247-72 F.O.B. Destination Only (Dec 2003) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Feb 2006) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). 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). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 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). 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees. (Dec 2004) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241 (b) and 10 U.S.C. 2631). (End of Clause) 52.211-15, Defense Priority and Allocation Requirements (Sep 1990); Anticipated award date is no later than 03 Apr 2006. Closing date and time for receipt of offers is 4 PM Eastern Time on 02 Mar 2006. PROPOSALS ARE TO REMAIN EFFECTIVE FOR 60 DAYS AFTER CLOSE OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427, Attention: Danny R. Sawyer. Electronic submissions may be sent to Danny.R.Sawyer@uscg.mil. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price, FOB point must be destination; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date and include the required FAR 52.212-3, including Alternate 1 per the instructions in this solicitation cited under the clause. All offerors submitting a quote shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. Enclosure (1) to COMDTINST 4200.14A, NOTICE FOR FILING AGENCY PROTESTS, is attached. Enclosure (1) to COMDTINST 4200.14 NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard 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 Coast Guard 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, and 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 at FAR 33.103(d)(2). 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 refilling 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 forwarded to the address below: Commandant (G-851) 2100 2nd Street, SW Room 2606 Washington D. C. 20593 Telephone: (202) 267-2285 Fax: (202) 267-4011
- Record
- SN00979569-W 20060205/060203211622 (fbodaily.com)
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