Loren Data's SAM Daily™

FBO DAILY ISSUE OF NOVEMBER 23, 2008 FBO #2554
SOLICITATION NOTICE

R -- Federal Acquisition Regulations Training

Notice Date

11/21/2008
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

611430 — Professional and Management Development Training
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38009-Q-410013
 

Point of Contact

Ginger G Woodington, Phone: 252-334-5051
 

E-Mail Address

ginger.g.woodington@uscg.mil
 

Small Business Set-Aside

Total Small Business
 

Description

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This requirement will be satisfied using commercial acquisition procedures specified in FAR Parts 12 and 13.5. This announcement constitutes the only solicitation; firm-fixed-price quotes for providing of the professional development training services are being requested and a written solicitation will not be issued. Solicitation number HSCG38-09-Q-410013 is being assigned to this procurement for tracking purposes only and requires pricing for provision of an intensive course or course(s) on Federal Acquisitions Regulations (FAR) for 50 students. The training shall be hands-on, active and intensive immersion in researching, interpreting, and applying the FAR and shall be taught by an instructor with demonstrated experience with the FAR and at least 5 years experience teaching similar courses to federal employees. The training is to prepare students of varying experience levels to independently and thoroughly research the FAR to find answers to complex questions and make informed contractual decisions. Each student is to receive a bound copy of the most current FAR, Federal Acquisition Circulars, a Government contracts reference book, and a course completion certificate. The training will be provided on-site at the USCG Aviation Logistics Center in Elizabeth City, NC. The course(s) is/are to be conducted in the February-June 2009 timeframe. The Government will provide the training classroom only. The procurement is being issued as a total small business set-aside and will be satisfied using Best Value evaluation methods iaw FAR 15. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-27. The North American Industry Classification System Code is 611430. The closing date for receipt of quotes is December 5, 2008 at 1:00 pm EST. Facsimile offers are acceptable and may be forwarded via fax number 252-335-6840. Point of contact is Ginger Woodington, email: ginger.g.woodington@uscg.mil. FAR 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: Technical (Factor 1-Capability of the company and the instructor; Factor 2-Timely delivery of course; Factor 3-Course content, format, and approach) All Technical Factors are equally important. Past Performance - The offeror shall provide three (3) past performance references that reflect relevant experience performed within the past three (3) years. Relevant experience includes that which is similar in dollar thresholds or that which is similar in supplies / services provided. The following information shall be provided for each reference listed: Name of Contracting Activity Contract Number Contract Type Contract Amount Short Description of Work Performed Contracting Officer and Telephone Number Technical Point-of-Contact and Telephone Number Price - Pricing proposal shall provide for a fixed price for training 50 students, inclusive of all course requirements and travel expenses. Technical and past performance, when combined, are more important than price. (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. (End of provision) FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Jun 2008) Offerors shall include a completed copy of this provision with their offer or complete only paragraph (b) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov <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 (c) through (m) of this provision. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Jun 2008); FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2008); FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2008); FAR 52.219-4, Notice of Total Small Business Set-Aside (June 2003); FAR 52.219-28, Post Award Small Business Program Representation (Jun 2007); FAR 52.222-3, Convict Labor (Jun 2003); FAR 52.222-50 Combating Trafficking in Persons (Aug 2007); FAR 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003); FAR 52.233-3, Protest After Award (Aug 1996); FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004). HSAM 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 FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) 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 USCG 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 a specific USCG 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 USCG 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. 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 submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington D.C. 20593-0001 Telephone 202-372-3695 Fax: 202-475-3904
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=5785674cf968fa57c965a9d997018944&tab=core&_cview=1)
 

Place of Performance

Address: USCG Aviation Logistics Center, Elizabeth City, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN01709056-W 20081123/081121220041-5785674cf968fa57c965a9d997018944 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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