Loren Data's SAM Daily™

FBO DAILY ISSUE OF MAY 29, 2009 FBO #2741
SOLICITATION NOTICE

16 -- Simimark Tubing

Notice Date

5/27/2009
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

326121 — Unlaminated Plastics Profile Shape 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-S00067
 

Archive Date

6/25/2009
 

Point of Contact

David W Allen, Phone: 2523356891
 

E-Mail Address

david.w.allen@uscg.mil
(david.w.allen@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, as supplemented with additional information included in this notice. This requirement will be satisfied using commercial acquisition procedures specified in FAR Part 12 and FAR Part 13. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation number HSCG38-09-Q-S00067 is being assigned to this procurement for tracking purposes only. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-32. The North American Industry Classification System Code is 326121. The small business size standard is 500. This is an unrestricted solicitation. The U.S. Coast Guard Aviation Logistics Center (ALC) intends to award a Firm Fixed Price (FFP) purchase order or utilize government purchase card using Simplified Acquisition Procedures for the purchase of the following. 1.) Sumitomo Tubing, NSN N/A, P/N SM3-23-1/8-WHT-S, quantity 46,000 FT (Mfg Cage Code 1JX75) 2.) Sumitomo Tubing, NSN N/A, P/N SM3-23-3/16-WHT-S, quantity 25,500 FT (Mfg Cage Code 1JX75) 3.) Sumitomo Tubing, NSN N/A, P/N SM3-23-1/4-WHT-S, quantity 5,500 FT (Mfg Cage Code 1JX75) 4.) Sumitomo Tubing, NSN N/A, P/N SM3-23-3/8-WHT-S, quantity 9,000 FT (Mfg Cage Code 1JX75) 5.) Sumitomo Tubing, NSN N/A, P/N SM3-23-1/2-WHT-S, quantity 2,900 FT (Mfg Cage Code 1JX75) 6.) Sumitomo Tubing, NSN N/A, P/N SM3-23-1-WHT-S, quantity 750 FT (Mfg Cage Code 1JX75) Response must be from an OEM approved source. All items must meet USCG technical specifications. Used Items/Parts are not acceptable. The USCG does not own and cannot provide drawings or specifications. Inspection is by Certificate of Conformance and acceptance shall be performed at destination by USCG, ALC Quality Assurance. Items shipped shall be shipped to: USCG Aviation Logistics Center, Attn: Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. Desired delivery of all items is 14 days from receipt of order but not later than 03, July 2009. FOB Destination quotes are desired; FOB Origin quotes must include shipping charges to be considered responsive. The following FAR 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 www.deskbook.Osd.Mil. 52.212-1 Instructions to Offerors Commercial Items (June 2008) Addenda; 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984) 52.212-252.212-2Evaluation -- Commercial Items (Jan 1999) Addendum; 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 based on the ability to meet basic requirements, delivery and price. 52.212-3Offeror Representations and Certifications – Commercial Items (Feb 2009) Alternate 1 (Apr 2002) An offeror shall complete only paragraph (j) 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 (b) through (i) of this provision. 52.212-4Contract Terms and Conditions Commercial Items (Mar 2009) Addendas; FAR 52.246-15 Certificate of Conformance (APR 1984) Supplies furnished under this order must be new unless otherwise stated herein. The contractor shall complete and sign the following certification, attach one copy to the outside of the shipping container, and attach one copy to the invoice. Failure to comply with this requirement may result in USCG refusal to accept and/or pay for the items. PACKAGING INSTRUCTIONS: 1. The USCG Aviation Logistics Center is a supply depot; therefore, material will be stored and transshipped to various users. The container shall be packed and labeled suitable for shipment via land, air, or sea. 2. Packaging material shall NOT consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. 3. Each part shall be individually packed in a separate envelope, box, carton or crate. For bulk packages, packaging of material up to 100 each per package is acceptable. 4. Each individual container shall be labeled on the inside with National Stock Number, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Purchase Order Line Item Number. 5. Packing List and Certification/Documentation shall be placed on the outside of individual containers. 6. The internal packing material shall be sufficient to prevent damage during shipment, handling and storage. Preservation and protection shall be provided to prevent corrosion, deterioration or decay during warehouse storage for a period of one year. HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (June 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) 52.212-5Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Apr 2009) 52.219-28 Post-Award Small Business Program Representation (Apr 2009) 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 (March 2007) (E.O. 11246). 52.222-36 Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). 52.232-33Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). NOTICE FOR FILING AGENCY PROTESTS 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 Accounting 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 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 that a 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 (G-A) U.S. Coast Guard Headquarters Acquisition Planning and Performance Measurement 1900 Half St. SW, Room 11-0402 Washington, DC 20593 Telephone: (202) 372-3692 Fax: (202) 475-3904 Closing date and time for receipt of offers is June 10, 2009, 3:00 p.m. EST. All responsible sources may submit an offer, which shall be considered by the Agency. Anticipated award date is on or about June 11, 2009. Contact David W. Allen at David.W.Allen@uscg.mil or 252-334-5425 for questions regarding this solicitation or if you desire submitting quote via facsimile. Quotes will be accepted via e-mail at the above address or mailed to the following address: USCG ALC MRR Bldg. 79 Attn: David Allen Elizabeth City, NC. 27909
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-09-Q-S00067/listing.html)
 

Place of Performance

Address: U.S. Coast Guard ALC, 1664 Weeksville Rd., Bldg. 79, Elizabeth City, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN01828672-W 20090529/090527235930-005945c34397643b2b5383ed4b7434be (fbodaily.com)
 

Source

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

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