Loren Data's SAM Daily™

FBO DAILY ISSUE OF FEBRUARY 13, 2009 FBO #2636
DOCUMENT

16 -- HS144 AIRCRAFT SPARES - HSCG38-09-Q-010010 J & A

Notice Date

2/11/2009
 

Notice Type

HSCG38-09-Q-010010 J & A
 

NAICS

336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
 

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

HSCG38-09-Q-010010
 

Archive Date

3/31/2009
 

Point of Contact

Danny R Sawyer, Phone: 252-384-7302, Wade D. Johnson,, Phone: 252-335-6142
 

E-Mail Address

danny.r.sawyer@uscg.mil, wade.johnson@uscg.mil
 

Small Business Set-Aside

N/A
 

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13, 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 HSCG38-09-Q-010010 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. The USCG anticipates award of a firm fixed price purchase order. This is an unrestricted solicitation. The USCG plans to negotiate only with Rockwell Collins (13499), 855 35th Street N.E., CEDAR Rapids, IA 52498-0001, the Original Equipment Manufacture (OEM). A copy of the Justification for Other Than Full and Open Competition (JOTFOC) is available as attachments on this Fed Biz Ops posting. The contract will be awarded using simplified acquisition procedures in accordance with FAR part 13.5. This requirement consists of the following component used on the HC144 aircraft: ITEM 1, NSN: 6625-01-450-2721, NOM: CONTROL DISPLAY UNIT, P/N: 822-0947-001, QTY: 4 EA. Vendor must possess appropriate FAA certification and must be an OEM approved source. Certifications shall be required prior to award. The contractor must have access to the most current original equipment manufacturer (OEM) specifications. Drawings or specifications are not available, and cannot be furnished by the Government. Offers should indicate nomenclature, part number, unit price, and extended price, plus the FOB point, any discounts for prompt payment, and business size standards and minority classifications. Award will be made to the offeror proposing the best value to the Government considering price, delivery, technical capability, and past performance. Delivery is desired by 01 Jun 2009. Earlier deliveries are desired and will be accepted. F.O.B. Destination is requested as the F.O.B. point for the Deliverables. Parts are to be delivered to: Lockheed Martin, 3655 Tampa Road, Oldsmar, FL 34677(Attention: Jeanette Hensell 813-855-5711). Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to Coast Guard units without repackaging or incurring damage during shipment and handling. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. Items shall be individually packaged and labeled. Labeling shall include the appropriate National Stock Number, Part Number, Nomenclature, Quantity, Purchase Order and Line Item Number. Labeling data shall be attached to the outside of the shipping container. 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. Only new items are acceptable. The contractor shall furnish a Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. The COC shall be sent with the components and a copy sent with the invoice to be paid. Offerors shall be able to provide necessary certifications including trace ability to the OEM to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. The following Federal Acquisition Regulations (FAR) and Homeland Security Acquisition Regulations (HSAR) provisions and clauses apply to this request for quotation and are incorporated by reference: 52.252-2 Clauses Incorporated by Reference (FEB 1998). This solicitation 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 the clause may be accessed electronically at Internet address: http://arnet.gov/far/. 52.212-1 Instructions to Offerors Commercial Items (Jun 2008) 52.212-252.212-2 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: Price Delivery Technical Capability Past Performance Price and Delivery, when combined, are more important than compared to Technical Capability and Past Performance. (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) 52.212-3Offeror Representations and Certifications – Commercial Items (Jun 2008). An offeror shall complete only paragraph (b) of this 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 (c) through (m) of this provision. 52.212-4Contract Terms and Conditions Commercial Items (Oct 2008) 52.211-15Defense Priority and Allocation Requirements (Apr 2008) 52.247-48 F.o.b. Destination- Evidence of Shipment (Feb 1999) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2009) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 52.222-3, Convict Labor (June 2003)(E.O. 11755). 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). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (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 (Sep 2006)(38 U.S.C. 4212). 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 52.222-50, Combating Trafficking in Persons (Aug 2007). 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). 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) Closing date and time for receipt of offers is Feb 23, 2009 4:00 p.m., EST. All responsible sources may submit an offer, which shall be considered by the Agency. Anticipated award date is on or about Mar 31 2009. Contact Danny Sawyer at Danny.R.Sawyer@uscg.mil or 252-384-7302 for questions regarding this solicitation. Quotes will be accepted via e-mail at the above addresses, facsimile at 252-384-7309, or at the following address: USCG ALC MRS Bldg 19 Attn: Danny Sawyer Elizabeth City, NC 27909 Enclosure (1) to COMDTINST 4200.14, NOTICE FOR FILING AGENCY PROTESTS, is included. Enclosure (1) to COMDTINST 4200.14A 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 forum. 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 in 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 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
 

Web Link

FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=f75d424a55b4b97b21f3c2fb0eed8b19&tab=core&_cview=1)
 

Document(s)

HSCG38-09-Q-010010 J & A
 

File Name: HSCG38-09-Q-010010: Justification for Oher than Full and Open Competition (J&A 09-Q-010010.doc)

Link: https://www.fbo.gov//utils/view?id=7ed5d4360075d900d6a46a78d8044ca6

Bytes: 45.50 Kb
 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN01748575-W 20090213/090211220043-f75d424a55b4b97b21f3c2fb0eed8b19 (fbodaily.com)
 

Source

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

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