Loren Data's SAM Daily™

FBO DAILY ISSUE OF JUNE 28, 2009 FBO #2771
SOLICITATION NOTICE

16 -- Flight Control Computer Upgrade - Statement of Work

Notice Date

6/26/2009
 

Notice Type

Combined Synopsis/Solicitation
 

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-S00080
 

Archive Date

7/17/2009
 

Point of Contact

David W Allen, Phone: (252)334-5425
 

E-Mail Address

david.w.allen@uscg.mil
(david.w.allen@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Statement of Work 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-S00080 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 336413. The small business size standard is 1,000 employees. This is an unrestricted solicitation. The U.S. Coast Guard Aviation Logistics Center (ALC) intends to award a Firm Fixed Price (FFP) purchase order to the Hamilton Sundstrand Corporation using Simplified Acquisition Procedures for the following. See attached Statement of Work Response must be from an OEM approved source. All services must meet USCG technical specifications. The USCG does not own and cannot provide drawings or specifications. Contractor is to provide FAA Certifications or DOD certifications with their proposal. The USCG, ALC Engineering Department will make a determination on the acceptability of the DOD certification. Inspection is by USCG Quality Assurance. Items shipped shall be shipped to: USCG Aviation Logistics Center, Attn: Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. 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) Addendum to FAR 52.212-1 Addenda; 52.247-45 F.o.b. Origin and/or Destination Evaluation (Apr 1984) FAR 52.215-20 Alt IV Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) (a) Submission of cost or pricing data is not required. (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition if requested. 52.212-2Evaluation -- 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 to FAR 52.212-4 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. FAR 52.246-15 CERTIFICATE OF CONFORMANCE APR 1984 (a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipment of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred. (b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment. (c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense. (d) The certificate shall read as follows: I certify that on ___________________ (insert date), the _______________________ (insert Contractor’s name) furnished the supplies or services called for by Contract No. _______________________________ via ___________________________ (Carrier) on _______________________________ (identify the bill of lading or shipping document) in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document. DATE OF EXECUTION: __________________________________________________ SIGNATURE: ___________________________________________________________ PACKAGING INSTRUCTIONS. 1. 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. 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). 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 52.222-36 Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 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). 52.222-54 Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803). 52.225-1 Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d). 52.225-3 Buy American Act—Free Trade Agreements—Israeli Trade Act (Feb 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 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 July 02, 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 July 06, 2009. Contact David W. Allen at David.W.Allen@uscg.mil or 252-334-5425 for questions regarding this solicitation or if you wish to submit quote via facsimile. Additionally 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-S00080/listing.html)
 

Place of Performance

Address: USCG ALC, 1664 Weeksville Rd., Bldg. 79, Elizabeth City, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN01858960-W 20090628/090627001853-3eadc638c857be15193f3a5ff7553c08 (fbodaily.com)
 

Source

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

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |