MODIFICATION
20 -- ANTI-VIBRATION MOUNTS FOR CGC TORNADO
- Notice Date
- 6/28/2006
- Notice Type
- Modification
- NAICS
- 333618
— Other Engine Equipment Manufacturing
- Contracting Office
- Department of Homeland Security, 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
- HSCG80-06-Q-3FAL00
- Response Due
- 6/29/2006
- Archive Date
- 7/14/2006
- Point of Contact
- Nancy Brinkman, Contract Specialist, Phone 757-628-4579, Fax 757-628-4676, - Gail McDaniel, Contracting Officer, Phone 757-628-4649, Fax 757-628-4676,
- E-Mail Address
-
nbrinkman@mlca.uscg.mil, GMcDaniel@mlca.uscg.mil
- Description
- Amendment 002 is issued to extend the closing date from 12:00 EDT on 28 June to 12:00 EDT on 29 June 2006. This amendment also includes replacing HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (DEC 2003) with the following: PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. 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 national security. (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, 6 U.S.C. 395, 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 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, 6 U.S.C. 395(b)(1). (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 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 the Homeland Security Act, 6 U.S.C. 395(b) 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. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) Amendment 001 to the soliciation is to include the Justification For Other Than Full and Open Competition Memo and to extend the closing date from 23 June to 28 June 2006. 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. The Solicitation number is HSCG80-06-Q-3FAL00 and is a Request for Quotation. The government anticipates awarding one firm fixed price purchase order. The order will be awarded based on the lowest price technically acceptable and the ability to meet the requirements and supply ALL parts by the scheduled delivery date using Simplified Acquisition Procedures in accordance with FAR Part 13.5. Solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2005-09. This is an unrestricted procurement. The NAICS code is 333618 and the corresponding size standard is 1,000 employees. The USCG intends to issue a sole source purchase order to the original equipment manufacturer (OEM) Christie and Grey, Limited or a source capable of providing the OEM's equipment, new or rebuilt. Old mounts will be retained by the Coast Guard. The nomenclature is as follows: 8 Each, AV MOUNTS, MODEL NO. T3A.R40.45.M20.00 8 Each, AV MOUNTS, MODEL NO. T3A.R40.55.M20.00 Delivery shall be FOB Destination to US Coast Guard, c/o NESU LST, 4000 Portsmouth Blvd, Portsmouth, VA 23703-2199. Inspection and Acceptance will also be at destination. The government anticipates awarding a purchase order for this work on or about June 28, 2006; the desired delivery date is July 30, 2006 and the required delivery date is August 15, 2006. The following provisions and clauses are applicable to this acquisition and are hereby incorporated by reference: FAR 52.212-1 Instructions to Offerors Commercial Items (JAN 2006) FAR 52.212-2 Evaluation Commercial Items (JAN 1999) will not be used. The Coast Guard will evaluate quotations using Simplified Acquisition Procedures in accordance with FAR Part 13.5 and will and make an offer resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation and is determined to be most advantageous to the Government based on lowest price technically acceptable and the ability to meet the requirements and supply ALL parts by the scheduled delivery date. FAR 52.212-3 Offeror Representation and Certification Commercial Items (MAR 2005) FAR 52.212-4 Contract Terms and Conditions, Commercial Items (SEP 2005) 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 commercial market that is adequate for evaluating the reasonableness of the price for this acquisition if requested. FAR 52.247-34 F.o.b. Destination FAR 52.211-8 Time of Delivery (JUNE 1997) FAR 52.211-14 Notice of Priority Rating for National Defense Use (SEP 1990) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) Full Text may be accessed electronically at this internet address; www.deskbook.osd.mil 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 purpose 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; (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) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (APR 2006) The following clauses within FAR 52.212-5 are applicable: 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). 52.225-13, Restriction 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). Vendors should include warranty terms and conditions and prompt payment discounts with their quote. Vendors are reminded to submit their Representations and Certifications in accordance with FAR clause 52.212-3. The Defense Priorities and Allocations System (DPAS) is DO-A3. Closing date and time for receipt of quotes is June 29, 2006, 12:00 p.m., Eastern Daylight Time (EDT). Quotes received after this date and time will not be considered. Facsimile Offers are acceptable and may be forwarded via fax number 757-628-4676. To receive an award the company must be registered (within the last 12 months).in the Central Contractor Registration (CCR) Database http://www/dlis.dla.mil/ccr/default.asp Email quotes are acceptable and may be forwarded to Ms. Nancy Brinkman at nancy.m.brinkman@uscg.mil. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price for base and each ordering period (if applicable) 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 Commander, Maintenance and Logistics Command Atlantic 300 East Main St., Suite 600 Norfolk, VA 23510-9100 Staff Symbol: vpl-4 Phone: 757-628-4649 Fax: 757-628-4676 Email: gail.w.mcdaniel@uscg.mil 4200 13 Jun 2006 MEMORANDUM From: Gail W. McDaniel Contracting Officer Reply to Attn of: Vpl-4 G. McDaniel To: FILE Subj: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Ref: (a) FAR 13.106-1 Soliciting Competition 1. Pursuant to the requirements of FAR Part 13 Simplified Acquisition Procedures, Subpart 13.106-3, the justification for limited competition is justified by the following facts and rationale: 2. MLCA (vpl) has a brand-name requirement to procure Christie & Grey Anti-Vibration Mounts for the USCGC Tornado. Coast Guard Ship Drawings specify that Christie & Grey Anit-Vibration Mount be installed. Christie & Grey, Limited, Kent, UK, is the original equipment manufacturer (OEM) of the Christie & Grey Anti-Vibration Mount. The OEM is the only source with the proprietary manufacturing data. No alternative Anti-Vibration Mount has been approved to be used, nor is suitable. This requirement does not allow time for a prototype to be developed. 3. A combined synopsis/solicitation will be posted on Federal Business Opportunities (FedBizOpps) with the intent to solicit quotes only from Christie & Grey dealers with unique capabilities to satisfy the Coast Guard?s requirement. Quotes will be solicited only from Christie & Grey dealers as they the only vendors that are able to provide Christie & Grey parts and warranty. #
- Place of Performance
- Address: 4000 COAST GUARD BLVD, PORTSMOUTH, VIRGINIA
- Zip Code: 23701-2199
- Country: USA
- Zip Code: 23701-2199
- Record
- SN01079132-W 20060630/060628220414 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
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