SOLICITATION NOTICE
59 -- PURCHASE OF PORTABLE SIDE SCAN SONAR SYSTEM
- Notice Date
- 4/11/2006
- Notice Type
- Solicitation Notice
- NAICS
- 334511
— Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing
- Contracting Office
- Department of Homeland Security, 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
- HSCG84-06-R-AAT136-B
- Response Due
- 4/27/2006
- Archive Date
- 5/12/2006
- Small Business Set-Aside
- Total Small Business
- Description
- Combined Synopsis/Solicitation RFP HSCG84-06-R-AAT136 THIS IS PART B OF A TWO PART COMBINED SYNOPSIS/SOLICITATION. PART A IS AVAILABLE UNDER RFP HSCG84-06-R-AAT136-A. DOCUMENT IS DIVIDED INTO TWO PARTS DUE TO LENGTH. HSCG848-06-R-AAT136-B Continued from Part A: c. Period for acceptance of offers. Fill-in: 90 calendar days. 52.212-2 Evaluation?Commercial Items. (Jan 1999) (a) 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 following factors shall be used to evaluate offers: (i) Technical Approach; (ii) Past Performance; (iii) Price Technical and past performance, when combined, are significantly more important than cost or price. However, if all other factors are equal, price may be the determining factor. The offeror?s proposal shall contain a response to each of the areas identified below. Only those proposals prepared in accordance with the solicitation will be evaluated. The evaluation of proposals will be based on three factors: Technical Proposal/Factor 1: (Most Important) (i) Salient Characteristics. The written technical proposal must contain sufficient descriptive information such as the Manufacturer, Make and Model Number and include salient characteristics, schematics and/or other technical drawings so the Government can determine the system offered meets or exceeds the Government?s minimum requirements. (ii) Parts Kit. The technical proposal shall address the contents of the Parts Kits required by Paragraph v. If the offeror cannot provide a Parts Kit to the system being offered, the proposal shall provide an alternative means of obtaining spare parts, including a list of component parts and their price and availability supported by a commercial price list. (iii) Training. The technical proposal shall include a detailed description of the training package being offered. (iv) Technical Support. The proposal shall address the contractor?s approach to providing on-call/on-site technical support. (v) The proposal shall address the ability to provide additional operator and maintenance manuals. Past Performance/Factor 2: (As Important as Technical Proposal) The proposal must contain the names of government or private corporation clients to whom they have provided the same system, including training and technical support, within the last three years. Price/Factor 3: (Least Important) The cost proposal shall contain supporting documentation of the price proposed such as a commercial price list in order to determine price reasonableness in accordance with FAR Subpart 15. Although price is not the controlling factor in award of a contract under this solicitation; it is an important factor and should not be ignored. The degree of its importance will increase with the degree of the equality of the proposals in terms of the other evaluation factors on which selection is based. If competing proposals are substantially equal in technical and past performance, price may be the determining factor in award. Exclusion of any of this information may cause the proposal to be excluded from consideration. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer?s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 52.212-3 Offeror Representations and Certifications- Commercial Items (March 2005) An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. 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. FAR 52.212-4 Contract Terms and Conditions ?Commercial Items (Sept 2005) and Addenda as follows; (a) Inspection and Acceptance. (3) with Inspection and Acceptance to be accomplished by the Contracting Officer?s Technical Representative (COTR) in accordance with the Statement of Work. The place for acceptance on the Government?s behalf for supplies and services to support those delivered supplies, will be established on each Delivery Order placed against this Requirement?s Contract. (u) 52.216-1 Type of Contract (April 1984) The Government contemplates award of a Requirements Type contract resulting from this solicitation. (v) 52.216-18 Ordering (Oct 1995) ******* Fill in: (a) 1 July 2006 through 30 June 2016 (w) 52.216-19 Order Limitations (Oct 1995) ********Fill in (a) Minimum Order: $100.00 (b) Maximum Order. (1) $50,000.00 (2) $500,000.00 (3) 10 days (x) 52.216-21 Requirements (Oct 1995) ******** Fill in: (f) June 2016 (y) 52.217-7 Option for Increased Quantity?Separately Priced Line Item (Mar 1989) ******* Fill in:Fill in: 60 days. (z) 52.217-9 Option to Extend the Term of the Contract. ******** Fill in: (a) Fill in: 30 days, 60 days (c) Fill in: 10 years FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders?Commercial Items. (Feb 2006) 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) HSAR 3052.242-72 Contracting Officers Technical Representative (DEC2003) (a)The Contracting Officer may designate Government personnel to act as the Contracting Officers Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contracting Officer within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b)The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (end of clause) Numbered Notes Number 1 applies THIS IS A 100% TOTAL SMALL BUSINESS SET-ASIDE The closing date and time for receipt of proposals is April 27, 2006 at 3:00 PM Eastern Daylight Savings Time. E-mail proposals are acceptable E-mailed to: James.A.Lassiter@uscg.mil Contact Jim Lassiter at 757-628-4263 for questions regarding this solicitation. Proposals may also be mailed to: Commander, (fcp-3) USCG MLC Lant 300 East Main Street Suite 965 Norfolk, VA 23510-9113 attn:of James A .Lassiter , Contract Specialist Secondary POC for this solicitation: Karen McEheney: (757)628-4824 Karen.A.McEheney@uscg.mil 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, an 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. This 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 protestor fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing 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-85) 2100 Second Street, SW, Room 2606 Washington, DC 20593 Telephone (202) 267-2285 Fax (202) 267-4011
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