SOLICITATION NOTICE
63 -- Purchase of Fog Detector Items
- Notice Date
- 6/28/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334511
— Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (C2CEN), USCG Command and Control Engineering Center, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703-2199, United States
- ZIP Code
- 23703-2199
- Solicitation Number
- HSCG44-13-Q-PCZ762
- Archive Date
- 7/25/2013
- Point of Contact
- James A Lassiter, Phone: (757)686-2149
- E-Mail Address
-
james.a.lassiter@uscg.mil
(james.a.lassiter@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 in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-13-Q-PCZ762. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-68. This procurement will be processed in accordance with FAR Parts 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. The North American Industry Classification System (NAICS) is 334511. The SBA size standard is 750 employees. Please identify your business size in your response based upon this standard. Prospective Offeror's must be registered on the System for Award Management (SAM) website at www.sam.gov to be eligible. This is NOT a Small Business Set-Aside. In accordance with FAR 19.502-2(a), there is not a reasonable expectation that two (2) or more Small Business Concerns will be providing offers for this requirement, due to this requirement is determined to be a Sole Source Acquisition. The Contracting Officer reserves the right to re-solicit as a Small Business Set-Aside if there are responses to this Solicitation that warrant such action. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA, intends to purchase on a non-competitive basis by awarding a Firm Fixed Purchase Order Contract to: Excelitas Technologies Illumination for Fifty (50) Trigger Module Assemblies for VM-100 Fog Detectors for the items as listed below, Schedule B. The proposed contract action resulting from this synopsis/solicitation for commercial items is the Government's intention to solicit and negotiate with only one source under the authority of FAR 6.302.1, Only one responsible source and no other supplies or services will satisfy agency requirements, and 13.106-1(b), Soliciting competition. Interested persons/parties may indentify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within five (5) days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: Excelitas Technologies Illumination; 35 Congress Street, Salem, MA 01970. Cage Code: 25506. A current System for Award Management (SAM) Data Search and Business Identification Number Cross Reference System (BINCS) Search was conducted on this Contractor by the Contracting Officer. This Contractor is current/active in SAM and does not have any active Exclusion. Data Search date: 20 June 2013. This is a Sole Source Procurement. See attached JOTFOC Document below. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by 10 July 2013 @ 7:00AM EST. Delivery Information is to include the Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/Government. If proposing FOB Origin, provide Shipping cost as a separate line item. FIRM FIXED Price Proposals may be submitted on company letterhead stationery and must include the following information: (1) Cost Breakdown, (2) Unit Price, (3) Extended Price, (4) Payment Terms (5) Discount offered for prompt payment, (6) DUNS and Cage Code and (7) Shipping costs (if applicable). Please Email quotes to the POC Viki Frey, Contract Specialist, Viki.Frey@uscg.mil. SCHEDULE B: Line Item 1: Fifty (50) each of: Trigger Module Assembly for VM-100 Fog Detector; Part Number: FYD-712 Line Item 2: Shipping (if applicable) Please Email quotes to the POC Viki Frey, Contract Specialist, Viki.Frey@uscg.mil. PROVISIONS / CLAUSES • The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Feb 2012) FAR 52.212-2 -- Evaluation -- Commercial Items (Jan 1999). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Dec 2012) to include Alt I (Apr 2011). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jun 2013) with the following addenda's. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (Dec 2012). Contractors are located and identified in SAM by their DUNS number. To facilitate payment via Electronic Funds Transfer - SAM, contractors should be registered in SAM. A DUNS number can be obtained via www.dnb.com and SAM registration can be obtained via www.sam.gov. • The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Mar 2012) FAR 52.222-21 -- Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26 -- Equal Opportunity (Mar 2007) FAR 52.222-35 -- Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793) FAR 52.222-37 -- Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) FAR 52.222-50 -- Combating Trafficking in Persons (Feb 2009) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 -- Buy American Act - Supplies (Feb 2009) FAR 52.225-13 -- Restriction on Certain Foreign Purchases (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332) • The above/following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 (a) Prospective contractors shall complete electronic annual representations and certifications at ORCA accessed via https://www.acquisition.gov.Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. JUSTIFICATION FOR OTHER THEN FULL AND OPEN COMPETITION 1. Agency and Contracting Activity: U.S. Coast Guard Command, Control and Communications Engineering Center (C3CEN), 4000 Coast Guard Blvd, Portsmouth, VA 23703 2. Nature and/or description of the action being approved: The U.S. Coast Guard C3CEN Electronics Repair Facility (ERF) has a requirement, on a sole source basis, for the purchase of electronic repair and replacement parts to be used in centralized depot repair of U.S. Coast Guard Electronic Equipment, specifically the Short Range Aid to Navigation VM100 Fog Detector. The Coast Guard needs to repair these as their life span warrants. 3. Description of supplies or services required to meet the agency's needs (including the estimated value): A Purchase Request will be issued for the purchase of: Fifty (50) each FYD-712 Trigger Module Assemblies manufactured by Excelitas Technologies Corp., the original equipment manufacturer (OEM). The parts requested are exact replacements to be used in the repair of the VM100 Fog Detector. Estimated Value: $9,400.00 4. An Identification of the statutory authority permitting other than Full and Open Competition: This statutory authority permitting other than full and open competition is 10 USC 2304(c) (1) implemented by FAR Subpart 6.302-1, entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements". 5. A Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. The OEM specifications for these items are proprietary commercial property. The Coast Guard did not purchase this information when the VM100 Fog Detectors were originally purchased. Excelitas Technologies originally manufactured the components contained in the VM100 Fog Detector. Adequate item information, documentation, and specifications are not available to develop an appropriate purchase description for full and open competition. Excelitas Technologies is the only known manufacturer meeting system requirements for form, fit, function, configuration, records, and integration with the VM100 Fog Detector repair/replacement parts. Any variances would have a negative impact by preventing these VM100 Fog Detector from functioning, which would adversely impact safety and mission performance. 6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under FAR 5.202 applies: In accordance with FAR Subpart 5.2, in an effort to solicit as many potential sources as practical, a combined synopsis/solicitation will be posted on FEDBIZOPS with a statement that any Offeror that feels they can provide these items, as specified, to provide a price quote. 7. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable: The Contracting Officer will determine fair and reasonableness resulting from this solicitation by comparing prices offered to previous acquisitions. 8. Description of Market Research conducted (see Part 10) and the results or a statement of the reason market research was not conducted: Market research as prescribed in FAR Part 10 was conducted by the Contracting Officer's Technical Representative. The Internet was searched using part numbers and item names for a list of manufacturers/vendors that could provide VM100 Fog Detector replacement parts. The market research showed that only Excelitas Technologies Corp. replacement parts could meet the minimum technical specifications to ensure compatibility with existing electronic and mechanical circuitry and to ensure that safe operational parameters are maintained. 9. Any other facts supporting the use of other than full and open competition: The material, technical specifications and supplementary data are proprietary to the OEM and cannot be provided to other manufacturers, which eliminates any opportunities for full and open competition. VM100 Fog Detectors are basic, however, a vital requirement for conducting safe navigation. Without Excelitas Technologies Corp. specific repair/replacement parts for these VM100 Fog Detectors, the Coast Guard would have to recapitalize new acquisitions for the entire Coast Guard fleet. The VM100 Fog Detector is used in most navigable shipping channels serviced by the Coast Guard. The estimated cost for replacing every VM100 Fog Detector in the fleet, while maintaining performance and technical standards, is cost prohibitive. 10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition: No sources expressed an interest in this acquisition. 11. Statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for supplies or services required: Recommend no actions be taken at this time to overcome barriers barring full and open competition. 12. Contracting Officer's Certification: I certify that this requirement meets the Government's minimum need and that the supporting data, which forms a basis for this justification, is accurate and complete to the best of my knowledge. James A. Lassiter Contracting Officer 13. Evidence that any supporting data that is the responsibility of technical or requirements personnel. I certify this procurement meets the Governments minimum need and the supporting data which forms a basis for this justification, is complete and accurate to the best of my knowledge and belief Anthony S. Kritsings Technical Representative Please Email quotes to the POC Viki Frey, Contract Specialist, Viki.Frey@uscg.mil.
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