SOLICITATION NOTICE
16 -- HH60J Panel Assemblies
- Notice Date
- 5/15/2006
- Notice Type
- Solicitation Notice
- NAICS
- 336413
— Other Aircraft Parts and Auxiliary Equipment Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aircraft Repair & Supply Center, HU25, HH65, H60J, C130, EISD, 130J or Support Proc Building 79, 75, 78, 19 or 63, Elizabeth City, NC, 27909-5001
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-06-Q-S00067
- Response Due
- 5/22/2006
- Archive Date
- 6/6/2006
- Description
- This is a combined synopsis/solicitation prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice. This is an unrestricted procurement. This announcement constitutes the only solicitation. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-09. The U.S. Coast Guard Aircraft Repair & Supply Center (ARSC) has an urgent requirement for the following HH-60J Panel Assemblies Sikorsky Part Nos: A) 70500-82402-069 ; B) 70500-82428-041; and C) 70500-82425-043; quantity 3 each to be reversed engineered. The contractor shall manufacture one each of the panels and deliver to the Government for inspection and testing within 180 days of award. The Government will conduct first article testing. The Government will provide approval for production within 30 days of delivery of First Article samples. Upon receiving written approval to proceed with production from the Government, the contractor shall commence with full production of the panel assemblies in the quantities identified herein and deliver remaining quantities not later than 60 days. This is a best value acquisition. Award may not necessarily be made to the lowest priced offer. Evaluation will be in accordance with simplified acquisition procedures in FAR Part 13. The following areas will be evaluated and are stated in order of importance (Technical, Delivery, Price, Past Performance). Delivery will be made to USCG, Aircraft Repair and Supply Center, Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. The US Coast Guard reserves the right to order in whole or in part all of the items. Each piece of equipment shall be packaged in accordance with ASTMD 3951-98 dated 10 Nov 98 (re-approved 2004) to enable shipment to destination and transshipment to a Coast Guard unit without repacking or incurring damage during shipping and handling. Items must be individually packed in a separate box; suitable for shipment via land, air, or sea. Each package shall be individually labeled on the outside with the NSN, P/N, S/N, Quantity, Nomenclature, Contract Number, and Line Item Number. Labeling data shall be attached to the outside of the shipping container. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage with temperatures ranging from 95 to 40 degrees Fahrenheit and high humidity for a period of one year. Packaging material shall not consist of popcorn, shredded paper, styrofoam of any type, or peanut style packaging. Bar coding is authorized, however not mandatory. AOG situations require highly visible lettering on the outside of the container. Inspection and acceptance shall be performed by USCG Engineering Personnel. All responsible proposals which meet the following requirements will be considered: a) A cop(ies) of contractor's established business systems/plans, i.e ISO shall be provided; b) Detailed disclosure of those portions of the reverse engineering process that will be subcontracted out; c) Details of the last projects (minimum of two (2)) wherein the contractor has manufactured/produced and/or repaired like or similar panel assemblies shall be provided. d) Tooling design, production, drawing and storage capabilities are required ? Contractor shall provide evidence of such. e) Ability to accept low quantity orders. f) Offerors shall be able to provide certified test reports and/or a certificate of conformance (COC) to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. The following Federal Acquisition Regulation (FAR) provisions and clauses apply: 52.213-4 TERMS AND CONDITIONS - SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERICAL ITEMS)(Jan 2006) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: i. 52.209-4, First Article Approval?Government Testing (Sept 1989) ii. 52.222-3, Convict Labor (June 2003). iii. 52.222-21, Prohibition of Segregated Facilities (Feb 1999). iv. 52.222-26, Equal Opportunity (Apr 2002). v. 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006). vi. 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). vii. 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Pub. L.108-77, 108-78). viii. 52.232-1, Payments (Apr 1984). ix. 52.232-8, Discounts for Prompt Payment (Feb 2002). 52.232-11, Extras (Apr 1984). x. 52.232-25, Prompt Payment (Oct 2003). xi. 52.233-1, Disputes (July 2002). xii. 52.244-6, Subcontracts for Commercial Items (Feb 2006). xiii. 52.253-1, Computer Generated Forms (Jan 1991). xiv. 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006) xv. 52.222-20, Walsh-Healey Public Contracts Act (Dec 1996) (41 U.S.C. 35-45) xvi. 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) xvii. 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) xviii. 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001). xix. 52.225-1, Buy American Act-Supplies (June 2003) (41 U.S.C. 10a-10d) xx. 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003). xxi. 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241). (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).) xxii. 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2005) xxiii. 52.211-17, Delivery of Excess Quantities (Sept 1989) xxiv. 52.247-29, F.O.B. Origin (Feb 2006) xxv. 52.247-34, F.O.B. Destination (Nov 1991) . (c) 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/these address(es): www.deskbook.Osd.mil (d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 52.225-13 Restrictions on Certain Foreign Purchases (Mar 2005). 52.211-15 Defense Priority and Allocation Requirements (Sep 1990) (HSAR) 48 CFR 3009.104-75 3052.209-70 Prohibition on contracts with corporate expatriates (DEC 2003) of which full text is available at http://www.pubklaw.com/regs/68fr67867.html HSAR 3052-70, PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES [DEC 2003] [Full Text Follows] (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) End of Clause Closing date and time for receipt of offers is 4PM Eastern Time on May 22,, 2006. PROPOSALS ARE TO REMAIN EFFECTIVE FOR 60 DAYS AFTER CLOSE OF SOLICITATION. Facsimile and email quotes are acceptable and may be faxed to (252) 335-6790 or emailed to ewa.k.brown@uscg.mil. Quotes may be submitted on company letterhead stationary and must include the following information: Nomenclature, Part Number, NSN, Unit Price, Extended Price, Delivery, F.O.B. Shipping Terms, Payment Terms and discount offered for prompt payment, and must include the required FAR 52.212-3 Offeror Representations and Certifications ? Commercial Items (Mar 2005). 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. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shll complete only paragraphs (b) through (i) of this provision. 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 form. 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. 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 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-CPM-S/3), 2100 2nd Street, SW, Room 2606, Washington D.C. 20593 Telephone (202) 267-2285 Fax: (202) 267-4011.
- Place of Performance
- Address: ARSC, Building 63, Elizabeth City, NC
- Zip Code: 27909
- Zip Code: 27909
- Record
- SN01048057-W 20060517/060515220246 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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