SOLICITATION NOTICE
58 -- Purchase of Communication Components
- Notice Date
- 8/14/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334220
— Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), C4IT (C3CEN), Coast Guard Blvd, Portsmouth, Virginia, 23703, United States
- ZIP Code
- 23703
- Solicitation Number
- HSCG44-14-Q-PC6063
- Archive Date
- 9/6/2014
- 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 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplement 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 HSCG44-14-Q-PC6053. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76. This procurement will be processed in accordance with FAR Parts 12, Acquisition of Commercial Items and Part 13.5, Test Program for Certain Commercial Items. The North American Industry Classification System (NAICS) is 334220. The SBA size standard is 750 employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive two (2) or more Offers from qualified Small Business Concerns; therefore in accordance with FAR 19.502-2(a), This IS NOT A Small Business Set-A-Side. All Items are to be NEW ITEMS. Used or Refurbished items are NOT acceptable and will not be considered for Award. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, Virginia 23703, intends to purchase on a non-competitive basis by awarding a Firm Fixed Purchase Order Contract to: OPHIR RF for the items listed below in 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 and 13.501. 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: OPHIR RF Inc, 5300 Beethoven St, Los Angeles, CA 90066; Cage Code 1B8L3. 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 Contract Specialist. This Contractor is current/active in SAM and does not have any active Exclusion. Data Search date: 14 August 2014. 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. DELIVERY REQUIREMENT: All Items are required to be delivered within thirty (30) days ARO. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by 22 August 2014 @ 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 must be submitted on company letterhead stationery and must include the following information: (1) Cost Breakdown, (2) Unit Price, (3) Extended Price, (4) Payment Terms and discount offered for prompt payment. Email quotes are acceptable and may be emailed to the POC Viki Frey, Contract Specialist, Viki.Frey@uscg.mil. INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming Services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. SCHEDULE B: Line Item 1: One (1) each of: VHF HI BAND POWER AMPLIFIER ASSEMBLY; Part Number: 603740.01 (XRF670-001) Line Item 2: One (1) each of: UHF LOW BAND POWER ASSEMBLY; Part Number: 603741-01 (XRF669-001) Line Item 3: One (1) each of: VHF LOW-UHF HI BAND POWER AMPLIFER; Part Number: 603742-01 (XRF671) Line Item 4: One (1) each of: VHF LOW T/R Switch; Part Number: 603799-01 (XRF703) Line Item 5: One (1) each of: Shipping (if applicable) Email quotes are acceptable and may be emailed 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 (Apr 2014) 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 (May 2014) to include Alt I (May 2014). An Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an Offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the Offeror shall complete only paragraphs (c) through (o) of this provision. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2014) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul2014) 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 System for Award Management (Jul 2013). Contractors are located and identified in SAM by their DUNS number. To facilitate payment via Electronic Funds Transfer - 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 (Jan 2014) 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 (Jul 2014) (38 U.S.C. 4212) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) FAR 52.222-37 -- Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) FAR 52.222-50 -- Combating Trafficking in Persons (Feb 2009) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 -- Buy American Act - Supplies (May 2014) FAR 52.225-13 -- Restriction on Certain Foreign Deliveries (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) (31 U.S.C. 3332) FAR 52.233-3 -- Protest after Award (Aug. 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (OCT 2004) • 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, System for Award Management (Jul 2013) and FAR Provision 52.204-8, Annual Representations and Certifications (May 2014). In accordance with FAR 4.1201 (a) Prospective contractors shall complete electronic annual representations and certifications at SAM accessed via https://www.acquisition.gov as a part of required registration. 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, Contracting Activity The United States Coast Guard Command, Control, & Communications Engineering Center (C3CEN), Portsmouth, VA. (2) Nature and/or description of the action being approved. Purchasing of power amplifier assemblies manufactured by OPHIR RF, Inc specifically designed for the Radio Frequency Distribution System (RFDS). (3) A description of the supplies or services required to meet the agencies needs (including total estimated value): This requirement is for the following equipment manufactured by Ophir RF: No. QTY Part Number Description 1 1 603740-01 VHF HI BAND PWR AMP ASSY (XRF670-001) 2 1 603741-01 UHF LOW BAND PWR ASSY(XRF669-001) 3 1 603742-01 (XRF671) VHF LOW-UHF HI BAND PWR AMPLIFIER 4 1 603799-01 VHF LOW T/R SWITCH (XRF703) Estimated Value for all items: $350,000.00 (4) Identification of the Statutory Authority permitting other than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c) (1). FAR 6.302-1(2) When the supplies or services required by the agency are available from only one (1) responsible source, or for DOD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for and under the authority of the test program for commercial items (section 4202 of the Clinger-Cohen Act of 1996. (5) Contractor's unique Qualifications The above quoted power assemblies were specifically designed in conjunction with the manufacturer of the RFDS for use inside the system. Ophir RF is the OEM and are a Sole Source manufacturer for the RFDS; no other manufacturer can produce this equipment. No other manufacturer produces these parts for the RFDS. (6) Efforts made to ensure that offers are solicited from as many potential sources as is practicable. A RFQ will be prepared and posted to FedBizOps to expose this request to as many potential vendors as practicable. (7) A Determination to be Best Value to the Government. The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on the government estimate and prior acquisition history that will help to determine that the anticipated cost is fair and reasonable. (8) Market Research Market research was conducted in the form of querying the manufacturer of the RFDS for the specific make and models of power assembly for their equipment. After receiving permission from the OEM, RFDS to speak directly with Ophir to obtain pricing for these amplifiers.. (9) Any other facts supporting the use of full and open competition Other manufacturer's parts are not compatible with existing equipment. These power amplifiers are designed to work in and communicate with the RFDS. (10) Listing of the sources, if any, that expressed, in writing, an interest in the acquisition. None at this time. (11) Removing Barriers to the Competition When researching a replacement the Coast Guard will consider alternatives in future purchases. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. This justification is accurate and complete to the best of my knowledge and belief. The anticipated cost to the Government is determined to be fair and reasonable. James A. Lassiter, USCG Contracting Officer (13) Evidence that any supporting data is complete and accurate by the technical or requirements personnel. I certify this procurement meets the Governments minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate to the best of my knowledge and belief. Marc Ventura, USCG Technical Representative Email quotes are acceptable and may be emailed to the POC Viki Frey, Contract Specialist, Viki.Frey@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 Government 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 applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard 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(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. 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: COMMANDANT (CG-9131) U S COAST GUARD OMBUDSMAN PROGRAM FOR AGENCY PROTESTS 2100 2ND ST SW STOP 7112 WASHINGTON DC 20593-7112 The Ombudsman Hotline telephone number is 202.372.3695.
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