SOLICITATION NOTICE
16 -- HH65 Repairs - SF1449 - BID SCHEDULE - SOW/WD
- Notice Date
- 9/10/2009
- 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-200148
- Archive Date
- 10/21/2009
- Point of Contact
- Tony Twiddy, Phone: 252-335-6494, Gail F Payne, Phone: 252-335-6821
- E-Mail Address
-
Tony.R.Twiddy@uscg.mil, gail.f.payne@uscg.mil
(Tony.R.Twiddy@uscg.mil, gail.f.payne@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- Statement of Work and Wage Determination Bid Schedule SF1449 Federal Business Opportunities 1. Action Code: K 2. Send to CBD: Yes 3. Date: 09/10/09 4. Classification Code: 16-AIRCRAFT COMPONENTS & ACCESSORIES 5. Contracting Office Address: (Use Default) 6. Title: HH65 Repairs 7. Response Date: 10/06/09 8. Primary Point of Contact: Tony Twiddy 9. Secondary Point of Contact: Gail Payne 10. Solicitation Number: HSCG38-09-Q-200148 11. Reference Number: N/A 12. Description: This is a combined synopsis/solicitation for a commercial item 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; proposals are being requested and a written solicitation will not be issued. Solicitation number HSCG38-09-Q-200148 is issued as a Request for Quote (RFQ). A schedule of the line items is attached. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. This is an unrestricted solicitation. Award will be made to the offeror proposing the best value to the Government considering technical capability, price, delivery and past performance. Per FAR 52.216-1 Type of Contract (APR 1984) the Government contemplates award of a firm fixed price requirements contract resulting from this solicitation for a base year and four one-year option periods. The signed SF1449 and terms and conditions MUST BE SUBMITTED with the pricing. Drawings or specifications are not available, and cannot be furnished by the Government. Deliver to USCG Aviation Logistics Center Center, Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to Coast Guard units without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Labeling shall include the appropriate National Stock Number, Part Number, Nomenclature, Quantity, Purchase or Delivery Orders and Line Item Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. 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. All replacement parts shall be NEW, OEM approved parts. The Original Equipment Manufacturer (OEM) is Thales Avionics (F91111). Offerors must be able to provide necessary certificate including traceability to the OEM, and form FAA 8130-3 to ensure parts are in airworthy condition, suitable for installation on U.S. Coast Guard aircraft. Prospective vendors who are not the OEM or an authorized distributor must provide traceability of product back to the manufacturer or authorized distributor. Traceability means a clear, complete, documented, auditable paper trail which traces each step from the OEM or distributor to its current location. Parts from other than the OEM or authorized distributor may be proposed as long as they are from an identifiable source in Haystack and are subject to USCG ALC HH65's engineering approval. 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://arnet.gov/far/ 52.203-3 Gratuities (APR 1984) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy use Program (APR 2008) (Rating: DO-A1) 52.212-1 Instructions to Offerors-Commercial Items (JUNE 2008) 52.212-2 Evaluation - Commercial Items (Jan 1999) (a) 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, price, and other factors considered. The following factors shall be used to evaluate offers: 1. Factor 1- Technical Capability 2. Factor 2- Price 3. Factor 3- Delivery 4. Factor 4- Past Performance Technical Capability is the most important evaluation factor. Price is the second most important evaluation factor. Delivery is the third most important evaluation factor. Past Performance is the least important evaluation factor. The closer the offers are to equality, price becomes the most important. (b) Options. The Government will evaluate offers for award purposes by adding total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG-2009) Offerors 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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (AUG 2009). (b) (1) (10)(18)(19)(20)(21)(22)(23)(24)(25)(26)(31)(34)(39) (c) (1)(2)(3) 52.216-1 Type of Contract - Requirements (APR 1984) 52.216-18 Ordering (OCT 1995) para (a) - date of contract award through one year from date of contract award for the basic period and effective date of option exercise through one year from date of exercise. 52.216-19 Delivery-Order Limitations (OCT 1995) para (a)- one (1) each of any line item (b)(1) the total estimated contract line item quantity (2) 50% of estimated contract quantity (3) 30 calendar days (d) 15 calendar days 52.216-21 Requirements (OCT 1995) para (f) determined at time of award based on six (6) months after expiration of ordering period 52.217-5 Evaluation of Options (JULY 1990) 52.217-9 Option to Extend the Term of the Contract (MAR 2000) para (a)- Within 30 calendar days prior to contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. para (c) - Five (5) years 52.223-6 Drug-Free Workplace (MAY 2001) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) 30 September 2009 30 September 2009 52.242-13 Bankruptcy (JUL 1995) 52.247-34 F.O.B. Destination (NOV 1991) 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). Primary point of contact is Tony Twiddy at (252)335-6494, fax (252)334-5240. Secondary point of contact is Gail Payne at (252) 334-6821, fax (252) 334-5240. Closing date/time for submission of proposals is October 6, 2009 at 3:00 P.M. Eastern Time. Submit to USCG Aviation Logistics Center, H65 Product Line, Bldg 75, Elizabeth City, NC 27909-5001, Attn: Tony Twiddy OR by email tony.r.twiddy@uscg.mil All responsible sources may submit a proposal which will be considered. 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 202.372.3675. 13. Place of Contract Performance: N/As Postal Code: Country: 14. Set Aside: N/A 15. Archiving Policy: Automatic-(15 days)
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