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FBO DAILY ISSUE OF AUGUST 01, 2009 FBO #2805
SOLICITATION NOTICE

16 -- Rescue Hoist Assembly

Notice Date
7/30/2009
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
336411 — Aircraft 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-S00086
 
Archive Date
8/29/2009
 
Point of Contact
Tamela S. Bunting, Phone: 252-335-6815
 
E-Mail Address
Tamela.S.Bunting@uscg.mil
(Tamela.S.Bunting@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. The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC), Medium Range Recovery (MRR) Contracting Branch intends to issue a Firm Fixed Price Purchase Order using the procedures of FAR Part 12 and Part 13.5. This Request for Quote HSCG38-09-Q-S00086 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-35. This announcement constitutes the only solicitation; firm-fixed-price quotes for the following item(s) are being requested and a written solicitation will not be issued. The North American Industry Classification System Code is 336413 and the size standard is 1000 employees. This is an unrestricted procurement. In accordance with FAR 6.302-1(a)(2), the U.S. Coast Guard Aviation Logistics Center (ALC) plans to award one (1) purchase order and negotiate only with the Original Equipment Manufacturer (OEM), Goodrich Corporation (Cage Code 3HRL4). All responsible sources may submit offers which shall be considered by the agency. Schedule of Supplies/Services 0001 Hoist Assembly, Rescue 2 Each P/N: 42315-19 NSN: 3950-01-HIS-2918 ALC "NSN" assigned to a part number/item(s) which contains any Alpha characters (HS1, HR2 etc) is not an NSN (National Stock Number) but is a LSN (Local Stock number) assigned to the part number for ALC supply tracking purposes. An NSN has not been assigned to this item and will not be assigned. The USCG does not own specifications, plans, and drawings and no other technical data will be included in this solicitation. All responsible sources may submit an offer for quantities listed or quantity price breaks which shall be considered by the agency. PACKAGING AND MARKING: Packaging, packing, and preservation shall be in accordance with ASTM D3951-98 (Re-approved 2004) Standard Practice for Commercial Packaging. Each package shall be individually labeled on the outside with Nomenclature, Quantity, Purchase Order Number, and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Delivery shall be to Commanding Officer, Aviation Logistics Center, Elizabeth City, NC 27909. INSPECTION and ACCEPTANCE shall be performed by Receiving. Required delivery is 308 days after receipt of contract. Copies of packing slips shall be affixed to the outside of the shipping container. Each item or unit must be individually packed in a separate box, carton, or crate. Each individual container shall be labeled on the outside with NSN, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Line Item. Bar coding is authorized but not required. Offers shall be able to provide necessary certifications including traceability to the OEM to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. FAR 52.212-1, Instructions to Offerors - Commercial Items (Jun 2008) is tailored as follows: The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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 a solicitation provision may be accessed electronically at these addresses: www.deskbook.Osd.mil or www.arnet.gov/far. 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program (APR 2008). FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) will not be used. The following will be used to evaluate quotes. The Coast Guard will evaluate quotations and make an offer resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation and is determined to be most advantageous to the Government based on the ability to meet basic requirements, delivery, price and consideration of past performance. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Feb 2009) 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. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Mar 2009) is tailored as follows: Addendum to 52.212-4 Contract Terms and Conditions-Commercial Items. 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://acquisition.gov/far/index.html. FAR 52.211-15 Defense Priority and Allocation Requirement (Apr 2008); DO-A1 (rating) FAR 52.246-15 Certificate of Conformance; (Apr 1984); Homeland Security Acquisition Regulation (HSAR) 3052.209.70 / 48 CFR 3009.104-75 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) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (June 2009) [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). X (10) 52.219-8 Utilization of Small Business Concerns (May 2004). X (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). The following language applies: (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed: The Contractor represents that it 0 is, 0 is not a small business concern under NAICS Code _________________ assigned to contract number ______________________. [Contractor to sign and date and insert authorized signer's name and title]. X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (23) 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). X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). X (25) 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). X (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). X (34) 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). X (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (End of clause) The closing date for receipt of quotes is August 14, 2009 at 10:00 am EST. Anticipated award date is no later than September 4, 2009. Quotes are to remain effective for 60 days after close of solicitation. Offers may be submitted on company letterhead stationery and must include the following information: Solicitation Number, Nomenclature, Part Number, FOB point, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment, the business size standard and any minority classification; delivery date, and Representation and Certifications contained in FAR Clause 52.212-3, including Alternate 1. Facsimile quotes are acceptable and may be forwarded via fax number 252-335-6790. Point of contact is Tammy Bunting, phone 252-335-6815, and email: Tamela.S.Bunting@uscg.mil. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program 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
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-09-Q-S00086/listing.html)
 
Place of Performance
Address: Commanding Officer, USCG, ALC, Elizabeth City, North Carolina, 27909, United States
Zip Code: 27909
 
Record
SN01893425-W 20090801/090731000103-2e3af0f14623a05d7bd16ff21f863858 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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