SOLICITATION NOTICE
16 -- HH65 Ballistic Protection
- Notice Date
- 9/27/2007
- 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 ALD Support, Elizabeth City, NC, 27909-5001, UNITED STATES
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-08-Q-200001
- Response Due
- 10/12/2007
- Point of Contact
- Ewa Brown, HH65 Contract Specialist, Phone 2523345407, Fax 2523345240, - Valerie Taylor, HH65 Contract Specialist, Phone 252-335-6822, Fax 252-334-5240
- E-Mail Address
-
Ewa.K.Brown@uscg.mil, Valerie.D.Taylor@uscg.mil
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-08-Q-200001 is assigned as a Request for Quotations (RFQ). The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-20. The applicable North American Industry Classification System Code is 336413. Then small business size standard is 1000 employees. This is an unrestricted procurement. The USCG anticipates award of a firm fixed price purchase order. This is an unrestricted solicitation. The requirement consists of the following spare part utilized on the HH-65 Coast Guard aircraft: Line Item 01: one (1) ea prototype of ballistic protection IAW statement of work. Note: USCG anticipates purchasing approximately ten (10) each if the prototype is acceptable. In addition, USCG anticipates purchasing additional repair/patch kits separately. The statement of work SOW 08-Q-200001 is posted on the Aircraft Repair and Supply Center (ARSC) website which is accessible at http://www.uscg.mil/hq/arsc/contracting/HH65/HH-65.htm. Drawings or specifications are not available and can not be furnished by the Government. Award will be made to the offeror proposing the best value to the Government considering technical capability, delivery, past performance and price. The contract will be awarded using simplified acquisition procedures in accordance with FAR part 13.5. Delivery of the prototype is desired within 30 days of receipt of purchase order, however, earlier deliveries are desired and acceptable. Inspection and Acceptance shall be performed at destination by USCG ARSC Quality Assurance Personnel. QUOTATION SHALL INCLUDE THE FIRST ARTICLE, THE ADDITIONAL QTY TEN (10) AND REPAIR/PATCH KITS INCLUSIVE OF REPAIR TECHNIQUES/INSTRUCTIONS. Quotes are to remain effective for 90 days after close of this combined synopsis/solicitation. Items shipped shall be delivered to: USCG Aircraft Repair and Supply Center, Attn: Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. The contractor shall furnish a Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15 (Apr 1984). Certificate of Conformance must be submitted in the format specified in the clause. Freight On Board (fob) point shall be destination. Copies of packing slips shall be affixed to the outside of the shipping container. Packaging of the items for return shipment shall be in accordance with the Contractor's best commercial practices with the following exceptions: 1) Each item or unit must be individually packed in a separate box, carton, or crate, 2) Each individual container shall be labeled on the outside with NSN, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Line Item. Bar Coding is not required. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Each unit shall be packaged to protect against electrostatic damage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period of one year, but no preservation coating will be applied directly to the component. Packaging material shall NOT consist of the following material: popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. The following Federal Acquisition Regulation Subpart 12 Provisions and Clauses are incorporated by reference: FAR 52.212-1 Instructions to Offerors- Commercial Items (Sep 2006) with the following included by addendum: FAR 52.211-14 Notice of Priority Rating for National Defense use (Sept 1990); FAR 52.212-2 Evaluation-Commercial Items (Jan 1999). 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: Technical Capability, Delivery, Past Performance and Price. Technical and past performance, when combined, are more important than compared to price. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Sept 2007); an offeror shall complete only paragraph (K) 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 shall complete only paragraphs (b) through (j) of this provision. ; FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2007) with the following Federal Acquisition Regulations and Homeland Security Acquisition Regulations provisions and clauses included by addendum: 52.252-2 Clauses Incorporated by Reference (Feb 1998); also, the Full Text of a clause may be accessed electronically at this internet address; www.arnet.gov/far/; 52.204-7 Central Contractor Registration (Jul 2006); 52.209-4 First Article Approval-Government Testing. (Sept 1989) (a) The Contractor shall deliver one (1) unit(s) of Lot/Item 01 within 30 calendar days from the date of this contract to the Government at USCG ARSC, Building 63, Elizabeth City, NC for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 7 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor? (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor?s expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. 52.217-7 Option for Increased Quantity-Separately Priced Line Item (Mar 1989) 52.232-18 Availability of Funds. (Apr 1984) 52.246-15 Certificate of Conformance (Apr 1984); 52.247- 34 F.O.B. Destination (Nov 1991); HSAR 3052.209-70 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) Notice to Offerors: 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 Accountability 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 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 (CG-851), 2100 2nd Street, SW, Room 2606, Washington D.C. 20593 Telephone (202) 267-2285 Fax: (202) 267-4011 FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Nov 2006), Subparagraph (b) clauses: (1), (7), (8), (14-21), (24), (26) and (31). The Defense Priorities and Allocations System assigned Rating is DO-A1; The closing date/time for receipt of offers is 12 OCTOBER 2007, 3:00 pm, Local ESDT. Facsimile and e-mail quotes are acceptable and may be faxed to (252) 334-5240 or E-mailed to Ewa.K.Brown@uscg.mil. Contact Ewa Brown (252) 334-5407 for questions regarding this synopsis/solicitation. All responsible sources may submit an offer, which will be considered. Offers may be submitted on company letterhead stationery indicating the National Stock Number, Nomenclature, Part Number and Unit Price. Anticipated award date is on or about October 24, 2007. NOTE: THIS NOTICE MAY HAVE POSTED ON FEDBIZOPPS ON THE DATE INDICATED IN THE NOTICE ITSELF (27-SEP-2007). IT ACTUALLY APPEARED OR REAPPEARED ON THE FEDBIZOPPS SYSTEM ON 13-NOV-2007, BUT REAPPEARED IN THE FTP FEED FOR THIS POSTING DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
- Web Link
-
Link to FedBizOpps document.
(http://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-08-Q-200001/listing.html)
- Place of Performance
- Address: USCG ARSC, Building 63, Elizabeth City, NC
- Zip Code: 27909
- Country: UNITED STATES
- Zip Code: 27909
- Record
- SN01451466-F 20071115/071113224349 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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