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FBO DAILY ISSUE OF AUGUST 29, 2009 FBO #2835
MODIFICATION

52 -- Ammunition Chronograph and Optical Target Plotter

Notice Date
8/27/2009
 
Notice Type
Modification/Amendment
 
NAICS
334513 — Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables
 
Contracting Office
Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
 
ZIP Code
75247
 
Solicitation Number
NFU00000254CSS
 
Point of Contact
David L. Hancock, Phone: 2149055427
 
E-Mail Address
david.hancock@dhs.gov
(david.hancock@dhs.gov)
 
Small Business Set-Aside
N/A
 
Description
SYNOPSIS: This is a combined synopsis/solicitation 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; quotations are being requested and a written solicitation will not be issued. The solicitation number is NFU00000254 and is a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-35. This acquisition is posted as a unrestricted acquisition. The NAICS code is 334513, Other Measuring and Controlling Device Manufacturing, and the size standard is 500. The Government anticipates awarding one firm fixed price purchase order for this item. Award will be made to the responsible Offeror, whose offer conforming to the solicitation is the lowest price, technically acceptable offer. (1) TECHNICAL ACCEPTABILITY. Technical acceptability is based on compliance to the specifications (meeting or exceeding the specifications). Provide documentation that shows the equipment offered meets the specifications. Provide the manufacturer's warranty information. (2) PRICE. The firm fixed price shall include shipping/delivery charges and all other costs. REQUIREMENT: The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), National Firearms and Tactical Training Unit (NFTTU) have a requirement to replace their ballistic laboratory chronograph and optical target plotter used to test ammunition. SPECIFICATIONS: Ballistics Laboratory/Optical Target Plotter System requirements include: 1) The ability to measure the bullet velocity and plot bullet groups that are subsonic (slower than the speed of sound) and supersonic (faster than the speed of sound). 2) The capability to accurately plot bullet groups. 3) The capability to measure chamber pressure. 4) The capability to use the system indoors or outdoors. 5) The ability to wirelessly transmit data to the systems computer. 6) Sized to be readily moved by two people. 7) Software program that can be tailored to specific requirements of the NFTTU and allows customization of spread sheets and results data. Shipping will be FOB Destination to: DHS-ICE-NFTTU, 320 E. Chestnut Ave., Altoona, PA 16601. Inspection and Acceptance shall be at destination. NOTE: See 52.204-7, Central Contractor Registration (CCR), a prospective awardee shall be registered in CCR prior to award. Information on registration may be obtained at: http:///www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. All vendors must complete the electronic version of the Online Representations and Certifications (ORCA) at: http://www.bpn.gov and clicking on the online Reps and Certs Application. Faxed and e-mailed quotes will be accepted. Faxed quotes may be sent to the attention of David Hancock at 214-905-5568 and e-mailed quotes may be sent to david.hancock@dhs.gov. Contractors are responsible for verifying receipt of their quotes. All responsible sources interested in responding to this RFQ must respond no later than 3:00 PM Central Standard Time on September 4, 2009. INCORPORATED PROVISIONS AND CLAUSES: This contract incorporates one or more provisions and 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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil. The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference- 52.212-1 Instructions to Offerors Commercial Items (JUN 2008). 52.212-2 Evaluation, Commercial Items (JAN 1999) (Fill In: The evaluation factors are to award on the low price technically acceptable offer). 52.212-3 Offeror Representations and Certification Commercial Items (JUL 2009). NOTE: 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 paragraphs (c) through (n) of this provision. Paragraph (b): (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. 52.212-4 Contract Terms and Conditions, Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2009) The following additional clauses under FAR 52.212-5(b) are applicable: 52.219-6 Notice of Total Small Business Set-aside (Jun 2003) 52.219-28 Post Award Small Business Program Rerepresentation (Apr 2009) 52.222-3 Convict Labor (Jun 2003) 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 (MAR 2007) (E.O. 11246) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d) 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) Addenda: 52.247-34 F.O.B. Destination (NOV 1991) HSAR 3052.209-70 Prohibition On Contracts With Corporate Expatriates (JUN 2006) Please check the applicable box under the following provision and return with your offer. 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)
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/INS/ICE-OAQ-MD/NFU00000254CSS/listing.html)
 
Place of Performance
Address: Contractor's Facility, United States
 
Record
SN01931088-W 20090829/090828085336-a233d020d8619bc71387f77cee2b858c (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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