SOLICITATION NOTICE
35 -- Purchase of External Battery System
- Notice Date
- 3/12/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 335313
— Switchgear and Switchboard Apparatus Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (C2CEN), USCG Command and Control Engineering Center, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703-2199
- ZIP Code
- 23703-2199
- Solicitation Number
- HSCG44-09-COP004
- Archive Date
- 4/8/2009
- Point of Contact
- James A Lassiter,, Phone: (757)686-2149, Carrie Houck,,
- E-Mail Address
-
james.a.lassiter@uscg.mil, Carrie.F.Houck@uscg.mil
- Small Business Set-Aside
- N/A
- Description
- This is a Combined Synopsis/Solicitation for commercial items/services 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 and no other solicitation document will be issued. Request For Quotation (RFQ) number HSCG44-09-Q-COP004 is assigned for tracking purposes only. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30 Cor. The US Coast Guard Command and Control Engineering Center (C2CEN) intends to award a Firm Fixed Price (FFP) Purchase Order using Simplified Acquisition Procedures for the purchase of 1 each External Battery System rated for 12 minutes at a 120 kVA load with the following features: Eight (8) External Battery Cabinet(s) Model: 38BP080XMX1BNS. Each Battery Cabinet must contain (40) Battery Jars. All Items are to be New, Used items are not acceptable. Start-Up Services to be scheduled by CG Technical POC assigned at award. The proposed contract action resulting from this synopsis/solicitation for commercial supplies is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1 and 13.106-1(b). Interested persons/parties may identify their interest and capability to respond to the requirement or submit quotations/proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within five days after date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: LIEBERT Corp., Cage Code 1LM60. This is a Sole Source Procurement. The following is the Justification that will be made part of the Awarded Purchase Order File. Justification For Other Than Full and Open Competition (a)Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (1)Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition." *The Department of Homeland Security, U.S. Coast Guard C2CEN, 4000 CG Blvd, Portsmouth, VA 23703, hereby presents this Justification for Other Than Full and Open Competition (JOTFOC) for review and approval. (2)Nature and/or description of the action being approved. *External Battery System from Liebert Company of Richmond, VA. The requested battery system will complete a previously approved UPS(Uninterrupted Power Supply) system purchased by C2CEN (via the Truestone Company) during 2008. (3)A description of the supplies or services required to meet the agency's needs (including the estimated value). *External Battery System rated for 12 minutes at a 120kVA load with the following features: - Eight (8) External Battery Cabinet(s) model number: 38BP080XMX1BNS - Stand-alone battery cabinets are shipped separately and include side panels. Others supply interconnecting cables. - Each battery cabinet contains forty (40) battery jars. *Liebert Services Battery System Start-up Services include the following: - Start-up is scheduled at the customer’s designated time. *Shipping: - FOB Destination Terms and Conditions *Total Estimnated Price - $99,000.00 (4)An identification of the statutory authority permitting other than full and open competition. *6.302-1 (2) (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components there, of, when it is likely that award to any other source would result in a substantial duplication of cost to the Government. (5)A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. *The Libert Company mandates that the Battery System requested is the only one that will work with the UPS system components already purchased by C2CEN, and be covered by their warranty service agreed upon in the original contract agreement. (6)A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. *Requirement shall be posted on FED-BIZ-OPS with this JOTFOC. (7)A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. *It is anticipated that the purchase prices offered by the Contractor will be fair and reasonable, as compared to applicable Market Research. Market Research has shown similar items prices to be equal or more that the purchase price of the units being purchased. (8)A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. *This is a continuation of an originally agreed upon and executed purchase. The purchase of the Battery System will complete an order to a UPS system purchased by C2CEN – numerous components of which have been delivered locally and are waiting at Truestone Company’s warehouse in Suffolk, VA to be delivered to C2CEN, and joined with the Battery System requested. At the time of the original purchase for the overall UPS system in 2008, the market research and competition for the contract had already been completed. Market Research shall be conducted via GSA and Internet searches. (9) Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. *Specifications and engineering descriptions related to the required Battery System provided by the Liebert Company have already been completed, and were submitted to C2CEN for review and were approved during 2008. As a result, C2CEN at that time agreed to purchase the requested Battery System from the Liebert Company as part of a larger overall UPS system. To open the contract for open bidding for an equivalent battery system would result in shipment delays and potentially greater expense to the Coast Guard. Additionally, Liebert will not warranty a battery system provided by another company or agent not approved for use with the existing UPS components the Coast Guard has already purchased. It is Estimated that it would cost the USCG/Government at a minimum $250,000.00 to completely re-engineer/re-develop a UPS System using this type of application. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. *None at this time. (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. *None required. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. (b) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. ********************************************************************************** ______________________________________________ Technical (signature)Contracting Officer (signature) James A. Lassiter concurs IAW with FAR 19.502-2(a) It is not anticipated that there will be at least 2 qualified Small Business Concerns that will be able to provide quotes/pricing for the items as described above, therefore this is NOT A SMALL BUSINESS SET-ASIDE. Note: If there are SB quotes that are deemed to be responsive, the Contracting Officer reserves the right to re-solicite this requirement as a Small Business Set-Aside. The North American Industry Classification System (NAICS) Code is 335313 and the Small Business size standard is 750 Employees. All Items are to be delivered to Truestone 6950 Harbour View Blvd. Suite-C Suffolk VA. 23435. FOB Destination offers are strongly desired. FOB Origin offers must include shipping charges to be considered responsive. Inspection and acceptance of all Units shall be performed by the USCG C2CEN COTR/Technical Representatives. Required delivery date for all Items is 30 Days ARO (After Receipt of Order). Packaging and marking: shall be in accordance with ASTM D3951-98 approved Nov. 10, 1998, Commercial Packaging, Shipping and Storage Procedures. Each container shall have a copy of the packing slip attached indicating the, Part number, Purchase Order Number, and Serial Number. Packaging Material may consist of popcorn, shredded paper, Styrofoam or any other type of material that will provide a high level of protection to these Electronic Units. All responsible sources may submit an offer which shall be considered by the agency. Anticipated award date is Mar/27/2009. This date is approximate and not exact. The following Federal Acquisition Regulation (FAR) provisions and clauses apply: FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999)- award will be made to the Offeror proposing the Overall Best Value to the Government considering price, technical specifications, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2009) to include Alt I (APR 2002). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov FAR 52.212-4 Contract Terms and Conditions –Commercial Items (OCT 2008) with the following addendas: FAR 52.252-2 Clauses Incorporated by Reference (Jun 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR)(Oct 2003). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer – CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil End of Clause FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders –Commercial Items (FEB 2009), The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126),; FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007)(E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)(38 U.S.C. 4212), FAR 52.222-50 Combat Trafficking in Persons(AUG 2007) FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)(E.O. 12722,12724,13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) End of Clause The following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30) CLAUSES (can be accessed electronically at www.dhs.gov/dhspublic) HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 2006). Quotes may be submitted on company letterhead stationary and must include the following information: Cost breakdown Unit Price, Extended Price, Estimated Completion time frame, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is Mar/24/2009 @8:00 AM Eastern Time. Facsimile and E-mail quotes are acceptable and may be faxed to (757) 686-4018 or E-mailedtoPrimary POC JamesA.Lassiter,Contract Specialist, James.A.Lassiter@uscg.mil (757) 686-2149 for questions regarding this solicitation. Secondary POC Carrie F. Houck Carrie.F.Houck@uscg.mil (757) 686-4215 *PLEASE NOTE* Offerors are to provide Firm Fixed Prices,by Mar/24/2009 @ 8:00AM EST. In addition to prices the offeror is to provide Delivery Information in reference to meeting the delivery requirements as stated above. (30 days ARO) and provide Shipping Terms as well. Firm Fixed Prices- these contract Unit cost are not to be modified/increased. NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies.
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