SOLICITATION NOTICE
16 -- HC-144A AIRCRAFT SPARES BUY - HSCG38-09-R-010001 QUOTE SHEET
- Notice Date
- 8/21/2009
- 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-R-010001
- Archive Date
- 12/17/2009
- 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
(danny.r.sawyer@uscg.mil, wade.johnson@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- HSCG38-09-R-010001 QUOTE SHEET 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 announcement constitutes the only solicitation; a proposal is being requested and a written solicitation will not be issued. This Request for Proposal (HSCG38-09-R-010001) incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-35. This is an unrestricted procurement. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. Delivery is required within nine (9) months. Earlier deliveries will be accepted. The award will be in accordance with FAR 6.302-1. The U. S. Coast Guard intends to negotiate and award a firm fixed price contract or multiple contracts to the Aircraft OEM (Original Equipment Manufacturer) and/or item OEM's and/or distributors that can provide traceability. The parts must be new with traceability to the OEM. Traceability means that the awardees must be able to show clear, documented, auditable paper trail for ownership and transfer of each part from the OEM to the final vendor. Components that contain firmware or software shall be delivered with the specified version of firmware or software installed. No substitutions of firmware or software versions shall be authorized. The U.S. Coast Guard does not own, nor can it provide specifications, plans, drawings or other technical data. The government reserves the right to make multiple awards for any item or group of items contained in this solicitation. Offers submitted for quantities less than those specified will not be considered. Reconditioned/Used Material is not acceptable. This requirement consists of spare parts utilized on the CASA HC-144A aircraft. The list of spares and quantities are available as an attachment to this notice titled HSCG38-09-R-010001 QUOTE SHEET. Offers are invited on the basis of F.O.B. destination only. Offers submitted on any other basis will be rejected as non-responsive. Delivery will be made to USCG, Aircraft Repair and Supply Center, Receiving Section, Bldg. 63, Elizabeth City, NC 27909. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and trans-shipment 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, Contract 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 with temperatures ranging from 95 to 40 degrees Fahrenheit and high humidity for a period of one year, but no preservation coating will be applied directly to the component. 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. 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. Inspection shall be performed by COC and acceptance of material shall be performed by ALC Receiving at destination. The following FAR provisions and clauses apply to this request for proposal and are incorporated by reference. 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) 52.212-2 Evaluation -- Commercial Items (JAN 1999), award will be made utilizing the following factors, in descending order of importance, capability of the item to meet the Government's requirement, price and past performance. The government reserves the right to award any item or group of items contained in this solicitation. Offers submitted for quantities less than those specified will not be considered. 52.212-3 Offeror Representations and Certifications - Commercial Items (JUL 2009) Alternate I (Apr 2002). 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. 52.212-4 Contract Terms and Conditions Commercial Items (MAR 2009) with the following addendum. ADDENDUM FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.211-14 Notice of Priority Rating for National Defense Use (Apr 2008) Any contract awarded as a result of this solicitation will be DO rated order certified for national defense use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. (End of Provision) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (Oct 1997) (a) Submission of cost and pricing data is not required. (b) Provide information on the prices at which same or similar items have been sold in commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.246-15 Certificate of Conformance (Apr 1984) 52.247-34 F.O.B. Destination (Nov 1991) 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. The full text of the clause may be accessed electronically at Internet address www.arnet.gov (End of Clause) HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) 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) HSAR 3052.247-72 F.O.B. Destination Only (Dec 2003) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2009) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006), ALT I (Oct 1995) 52.203-13 Contractor Code of Business Ethics and Conduct (Dec 2008) 52.219-8 Utilization of Small Business Concerns. (May 2004) 52.219-9 Small Business Subcontracting Plan. (Apr 2008), Alt II (Oct 2001) 52.219-16 Liquidated Damages -- Subcontracting Plan (Jan 1999) 52.219-28 Post Award Small Business Program Representation (Apr 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Feb 2008) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees. (Dec 2004) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52-225-5 Trade Agreements (Jun 2009) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (End of Clause) Anticipated award date is not later than NOV 30, 2009. Closing date and time for receipt of offers is OCT 01, 2009, 3:00 p.m., EST. No extensions will be granted. No late submissions will be accepted. All responsible Offers may be submitted on company letterhead stationery indicating the National Stock Number, Nomenclature, Part Number and Unit Price. Contact Danny Sawyer, Contract Specialist at Danny.R.Sawyer@uscg.mil Quotes will be accepted via e-mail at the above address or Fedex/UPS. Please notify prior to sending packages. Enclosure (1) to COMDTINST 4200.14A, 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.
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