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FBO DAILY ISSUE OF FEBRUARY 04, 2009 FBO #2627
SOLICITATION NOTICE

13 -- 12ga target load ammunition

Notice Date
2/2/2009
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
332992 — Small Arms Ammunition Manufacturing
 
Contracting Office
Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
 
ZIP Code
75247
 
Solicitation Number
192109NFU00000064
 
Archive Date
2/24/2009
 
Point of Contact
Greg Horwitz,, Phone: 214 905 5499
 
E-Mail Address
greg.horwitz@dhs.gov
 
Small Business Set-Aside
N/A
 
Description
Solicitation Number: Notice Type: 192109NFU00000064 Combined Synopsis/Solicitation SYNOPSIS: This is a combined synopsis/solicitation 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; quotations are being requested and a written solicitation will not be issued. The solicitation number is 192109NFU00000064 and is a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number 2005-30. The Government anticipates awarding one firm fixed price purchase order for this item. The following factors will be used to evaluate quotes and are listed in descending order of importance: (1) Technical Capability (2) Price Technical Capability Provide documentation that shows the product meets the salient physical, functional, or performance characteristics described below: This acquisition is for one contract line item for 240,000 rounds of 12 gauge target load ammunition, 2-3/4” shell, #7.5, 8 or 9 shot, of ammunition meeting the above characteristics as found in Federal Cartridge, Olin Corporation or Remington ammunition. Any offer for equivalent ammunition must contain information as specified in FAR 52.211-6 Brand Name or Equal. Vendors should include warranty terms and offered delivery times with their quote. Price The total price of the requested product, including shipping to destination points, will be a determining factor after determination is made as to technical capability of the offered item to meet the Government requirement. The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. Delivery shall be for varying quantities of ammunition shipped FOB Destination to the following cities and zip codes: El Paso, TX 79908; Washington, DC 20229; Blaine, WA 98230; Grand Island, NY 14072; Del Rio, TX 78840; Selfridge ANGB, MI 48045; Imperial, CA 92251; El Paso, TX 79925; Grand Forks, ND 58201; Havre, MT 59501; Hodgdon, ME 04730; Laredo, TX 78045; Marfa, TX 79843; McAllen, TX 78503; Pembroke Pines, FL 33027; New Orleans, LA 70114; Aguadilia, PR 00604; San Diego, CA 92101; Spokane, WA 99218; Swanton, VT 05488; Tucson, AZ 85711; and Yuma, AZ 85365. The Government desires delivery of all product on or before March 27, 2009 and anticipates awarding a purchase order for these items on or about mid February 2009. Inspection and Acceptance shall be at destination (supplies shall be delivered to the destination at the expense of the contractor). Faxed and e-mailed quotes will be accepted. Faxed quotes may be sent to the attention of Greg Horwitz at 214-905-5568 and e-mailed quotes may be sent to greg.horwitz@dhs.gov. Contractors are responsible for verifying receipt of their quotes. All responsible sources interested in responding to this RFQ must respond no later than 3:00 PM Central Standard Time on February 9, 2009. The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference. The full text of FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hill.af.mil/farsite.html. (don’t use unless you have a required deliver by date to insert in this) 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) ADDENDUM to FAR 52.212-1 are FAR 52.211-6 Brand Name or Equal (Aug 1999) and HSAR 3052.209.70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) 52.212-2 Evaluation, Commercial Items (JAN 1999) Tailored with the factors herein 52.212-3 Offeror Representations and Certification Commercial Items (JUN 2008) Note: When the offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of an offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in the offer by reference, except for paragraphs ______________. (Offeror must identify the applicable paragraphs at (c) through (m) of the provision that the offeror has completed for the purposes of this solicitation only, if any, with submission of their offer). 52.212-4 Contract Terms and Conditions, Commercial Items (OCT 2008) ADDENDUM TO FAR 52.212-4 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JAN 2009) (if setting aside you must state so in the opening para and cite the NAICS as directed by FAR 12.6 format). 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-50 Combating Trafficking in Persons (AUG 2007) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (AUG 2007) 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) 52.232-1 Payments (APR 1984) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) 52.233-3 Protest After Award (AUG 1996) 52.247-34 F.O.B. Destination (NOV 1991) 52.211-6 -- Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation. (b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must— (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by— (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) HSAR 3053.209-70 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) Contracting Office Address: 7701 N. Stemmons Freeway, Suite 300 Dallas, TX 75247 Place of Performance: Various destinations, as described above.
 
Web Link
FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=17fdf260bb4d2b2aa201592542e5a5f9&tab=core&_cview=1)
 
Place of Performance
Address: See above for cities and zip codes. Quantities will vary., United States
 
Record
SN01742238-W 20090204/090202215148-17fdf260bb4d2b2aa201592542e5a5f9 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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