Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 11, 2015 FBO #5040
SOLICITATION NOTICE

99 -- Small Boat Model Testing - SOW

Notice Date

9/9/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541330 — Engineering Services
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC), 2401 Hawkins Point Road, Building 31, Mail Stop 26, Baltimore, Maryland, 21226-5000, United States
 

ZIP Code

21226-5000
 

Solicitation Number

HSCG40-15-R-POE426
 

Archive Date

10/3/2015
 

Point of Contact

Dennis S Kokoskie, Phone: 4107626097
 

E-Mail Address

Dennis.S.Kokoskie@uscg.mil
(Dennis.S.Kokoskie@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Schedule Statement of Work 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. 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-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil Fax: 202-372-8447 Phone: 202-475-5786 More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Alternative Point of Contact: Walter A. Mack, Jr. Contracting Officer U.S. Coast Guard Surface Forces Logistics Center 2401 Hawkins Point Road Baltimore, MD 21226 410-762-6978 Walter.a.mackjr@uscg.mil United States Coast Guard Combined Synopsis/Solicitation # HSCG40-15-R-POE426 1.The U.S. Coast Guard Surface Forces Logistics Center (SFLC) intends on awarding a Firm-Fixed Price contract for Small Boat Model Testing to develop a methodology for predicting the safe operating limits for small high-speed boats. The solicitation and award will be conducted in accordance with the procedures set forth in FAR Part 13.5. The contract is for a one (1) year period. This RFP is NOT set aside for Small Business; therefore, all responsible sources may submit a proposal which shall be considered by the agency. The applicable North American Industry Classification Standard Code (NAICS) is 541330. The Small Business size standard is $15 million in average annual receipts. (1) Action Code - HSCG40-15-R-POE426 (2) Date - September 9, 2015 (3) Year - 2015 (4) Contracting Office Zip Code - 21226 (5) Classification Code - H219, Equipment and Materials Testing (6) Contracting Office Address - 2401 Hawkins Point Road, Baltimore, MD 21226-5000 (7) Subject - Small Boat Model Testing (8) Proposed Solicitation Number - HSCG40-15-R-POE426 (9) Closing Response Date - September 18, 2015 (10) Contact Point or Contracting Officer - Walter A. Mack, Jr. (11) Contract Award and Solicitation Number. - HSCG40-15-P-POE426 (12) Contract Award Dollar Amount - To be determined (13) Contract Line Item Number - 0001 to 0006 (14) Contract Award Date - To be determined (15) Contractor - To be determined (16) Description - The objectives of the requested model test program include: Collect boat motions, attitude and relative water level data for two speeds in sea states ranging from calm water to Sea State 5 at relative wave headings of 0, 45, 90, 135 and 180 degrees (where 0 degrees is head seas) at two different loading conditions. Identify events and their precursors and including accelerations, capsize, broaching, surfriding, and swamping for a range of significant wave heights and modal periods at two different loading conditions. (i) This is a combined synopsis/solicitation for commercial items/services prepared in accordance with FAR 5.207 and FAR 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) Solicitation number HSCG40-15-R-POE426 is issued as a Request for Proposal (RFP). (iii) This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-83 and as supplemented with additional information included in this notice. (iv) This RFP is NOT set aside for Small Business, therefore, all responsible sources may submit a proposal which shall be considered by the agency. The applicable NAICS code is 541330. The Small Business Size standard is $15mil in average annual receipts. (v) Contract line items. See Enclosure II (vi) The contractor shall accomplish all work as scheduled in Enclosure I Statement of Work (SOW). The Coast Guard has determined, consistent with 13.501(a)(1)(ii), that there is only one responsible source and no other supplies or services will satisfy agency requirements. The statutory authority permitting other than full and open competition is 41 U.S.C. 1901, as implemented as FAR Part 13.5, Simplified Procedures for Certain Commercial Items. (vii) Period of performance is from date of purchase order award to one year from date of award. (viii) The provision at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition and the following addenda apply: Submission: Proposals shall be submitted electronically to dennis.s.kokoskie@uscg.mil. All submissions shall reference HSCG40-15-R-POE426. Along with proposal submission, offerors shall provide a valid DUNS, be registered with the System for Award Management (SAM) at www.sam.gov, and shall provide their company's Tax Identification Number (TIN) with their proposal. The following shall be submitted with offeror's proposal: a. VOLUME I - TECHINICAL APPROACH - Demonstrates a degree of understanding, soundness, reasonableness, completeness, detail and clarity in the technical approach that will meet the technical requirements of the SOW, and describes a technical approach that will meet the objectives of the SOW tasks. SUB-FACTOR 1: Scale Model Size: Minimum size of scale model shall be 3.75 feet in overall length. Longer models are permitted. SUB-FACTOR 2: Test Facility Wave Making Capability: The wave making capability of the test facility must be able to produce regular waves 1/15 steepness at the model scale to be tested at wave length to Boat Length Ratios of 0.75 1.0, 2.0, and 2.5. Tests will also be performed in waves representing NATO Sea States 4 and 5. Taking into consideration the scale of the model to be tested, the wave making system in the test facility at a minimum must be able to produce the following full-scale waves: Full Scale Wave Conditions (CB-OTH-IV tests) Wave Type Height or Significant Wave Height Wave Length/Boat Length or Peak Period Comments Regular waves Wave Slope = 1/15 0.75, 1.0, 1.5, 2.0, 2.5 Slope = Wave Height/Length Bretschneider 5.6 ft 6.9 sec Middle NATO Sea State 4 JONSWAP 10.0 ft 5.2 sec Middle, Steep Sea State 5 Measured Wave Spectrum TBD TBD From full scale trial data. Testing shall not exceed two days in the test basin b. VOLUME II - PAST PERFORMANCE -Offerors shall furnish the information listed below for at least 3 different contracts that are ongoing or completed within the last three (3) years, are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror's ability to perform the contract successfully. Name of Company/Organization: Contract Number: Contract Type/Amount: Period of Performance: Description of Supply or Service: First Point of Contact (Name): Phone Number: E-Mail Address: Second Point of Contact (Name): Phone Number: E-Mail Address: Offerors lacking relevant past performance history will receive a neutral rating for past performance. The offeror will be rated neither favorably or unfavorably; however, relevant past performance will be rated higher than neutral. c. VOLUME III - PRICE - Offeror's price shall represent the best price in response to the Request for Proposal (RFP). The price shall be evaluated to determine fairness and reasonableness. Offerors are required to provide prices for all items/CLINs. All prices on CLINS (Enclosure II) shall be a firm-fixed price and shall indicate FOB Destination as referenced in FAR 52.247-34 (NOV 1991). The total of all CLINS shall be added together to arrive at an aggregate total. Offeror(s) shall submit their price on the attached "Schedule for Supplies/Services" included as an attachment to this combined synopsis/solicitation. The evaluated price will be ascertained by adding together the cost for each line item to achieve a final price for evaluation purposes. Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price and to determine the Offerors understanding and ability to perform the contract. The Government intends award without discussions unless the Contracting Officer determines that discussions are necessary. (ix) The provision at 52.212-2, Evaluation-Commercial Items is applicable to this solicitation. Proposals should be prepared in such a manner as to enable personnel with general training to make a thorough evaluation and arrive at a sound determination as to whether or not the proposed services will satisfy the requirements of the government. In order to provide all necessary information for a comprehensive evaluation, all proposals must be complete, self-sufficient and respond directly to the requirements of the solicitation. (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: (i) Factor 1: TECHNICAL CAPABILITIES FOR SURGE MARINE PAINTING: The Technical Evaluation Team will evaluate the quality of each offeror's technical capabilities proposal. The technical capabilities proposal assessments will be used to evaluate the relative capability of the offeror to successfully meet the requirements. (ii) Factor 2: PAST PERFORMANCE: In evaluating an offeror's past performance, the government intends to review U.S. Coast Guard Contractor Performance Assessment Reports, POC's and other existing past performance ratings on relevant contracts. General trends in an offeror's performance will also be considered. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that will be used in the evaluation of the offeror's past performance such as government databases and internal organization. Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance. Relevant Past Performance history will be rated higher than Neutral past performance. (iii) Factor 3: PRICE The evaluated price will be ascertained by adding together the cost for each line item to achieve a final price for evaluation purposes. Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price and to determine the Offerors understanding and ability to perform the contract. The Government intends award without discussions unless the Contracting Officer determines that discussions are necessary. Proposals will be evaluated in accordance with FAR 15.304. Technical Capability is significantly more important than both Past Performance and Price; Past Performance is more important than Price. When all evaluation factors other than Price are combined, they are significantly more important than Price. Sub-factors under technical capability are of equal importance. Reasonableness: In accordance with FAR 15.101, Best Value Continuum and FAR Part 15.101-2, Lowest Price Technically Acceptable (LPTA), fair and reasonable determination will be made through evaluation of price and non-price factors. (b) 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) Responsibility - The Government reserves the right to perform Pre-Award survey for the purchase of further confirming the capabilities of the Offeror(s). The Offeror must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR) Subpart 9.1 to be eligible for award. Notice of Pre-Award Survey - Offerors are advised that the Government may contact potential contactors to ascertain their capabilities to perform the work specified in this solicitation. In addition to financial statements and credit rating checks, the Government may visit a prospective contractor's facility (s). Areas of interest on this survey may include, but are not limited to the following: 1. performance plan 2. quality assurance and control plans 3. personnel recruitment and training plans 4. workload factor for manpower utilization 5. management plan for handling peak workloads 6. production capability i. plant facilities, equipment and labor resources ii. purchasing and subcontracting iii. performance record and ability to meet delivery schedules 7. Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award. (x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, with their offer. 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. (xi) The clause at 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition, to include the following addenda: INVOICES Electronic submission of invoices is mandatory for this contract. 1. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies/Services. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment. Invoices must include the following information. • Name and address of the Contractor (the name on the invoice must match the name listed on the Order) • Invoice date and number • Contract number and Contract Line Item Numbers (CLINs) • Period of Performance covered by the invoice • Terms of any discount for prompt payment offered • Name and address of official to whom payment is to be sent • Name, title, phone number, and e-mail address of person to notify in event of defective invoice • Taxpayer Identification Number (TIN) and DUNS Number • Travel receipts for reimbursement, if applicable 2. The Contractor shall forward invoices via e-mail to the Contracting Officer's Technical Representative (COR). 3. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor. 4. The Contractor shall complete the Contractor Invoice Submission Form (sample attached). 5. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm Contractor Invoice Submission Form Directions: Please complete as much information as possible. All blocks in red text are required entries. Note: Web-Invoices are accepted only for Coast Guard Contracts over the Simplified Acquisition Threshold (Document Type 24). THIS WEB FORM IS NOT AN OFFICIAL INVOICE. THE OFFICIAL INVOICE MUST BE ATTACHED Invoice Information Invoice Routing Code: (help) Invoice Number: (help) Contract Number: (help) Invoice Date: (help) BPA Number: (help) Invoice Amount: (help) Delivery/Task Order Number: (help) Discount Terms: % Discount Days: Net Days: (help) Company Information Attachment of Official Invoice Company Name: (help) DUNS: Plus 4: (help) Point of Contact Name: (help) Point of Contact Email: (help) Phone: (help) Fax: (help) Please verify your entry on the next page. Attach invoice and any supporting documentation after verification. • Attachment must be a single PDF file no larger than 3 MB. Grey-scale PDFs are not compatible. This will be our official invoice. Supporting documentation must be combined in the single PDF file or submitted to your contracting office separately via email. • Need help creating a PDF file? Click here for instructions. Bottom of Form 6. The Contractor must select the correct Invoice Routing Code for timely invoice processing. The Invoice Routing Code for this contract is SFLC-3. 7. Visit the U.S. Coast Guard Finance Center Website for instructions regarding invoice attachments. http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm 8. A copy of the invoice and any supporting documentation shall also be e-mailed to dennis.s.kokoskie@uscg.mil. Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice. Upon receipt of partial shipment, partial payment may be made. FAR 52.233-2 Service of Protest (Sept 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from Walter A. Mack, Jr. Email address: walter.a.mackjr@uscg.mil Address: U.S. Coast Guard Surface Forces Logistics Center CPD-3 SSD 2401 Hawkins Point Road Baltimore, MD 21226 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice. NAME: _______________________________ TITLE: _______________________________ ADDRESS: _______________________________ _______________________________ _______________________________ PHONE NUMBER: _______________________________ MINIMUM ACCEPTANCE PERIOD "Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of proposals. This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. The Government requires a minimum acceptance period of THIRTY (30) calendar days. In the space provided immediately below, offerors may specify a longer acceptance period than the Government's minimum requirement. The offeror allows the following acceptance period: ________ calendar days. A proposal allowing less than the Government's minimum acceptance period will be rejected. The proposal agrees to execute all that it has undertaken to do, in compliance with its proposal, if that proposal is accepted in writing within -- (1) The acceptance period stated in paragraph (c) of this clause; or (2) Any longer acceptance period stated in paragraph (d) of this clause. (End of provision) Unauthorized Instructions from Government Personnel (a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer's Representative acting within the limits of their authority. A Contracting Officer's Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority. (b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments. Government Representatives (a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment. (b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner. Marking of Warranted Items: Pursuant to the requirements of FAR 46.706(b)(5), the contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies of the existence of the warranty. Markings may be brief but should include (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies. Standard Commercial Warranty: If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customer. Offerors are requested to state the terms and conditions of their standard commercial warranty and attach a copy of the warranty terms with their offer. (xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items applies to this acquisition and the following FAR clauses cited in the clause are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402) 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Jul 2013) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note) 52.219-4, Notice of Price Evalution Preference for HUBZone Small Business Concerns (Jan 2011)(15 U.S.C. 657a). 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O. 13513) 52.225-5, Trade Agreements (Nov 2013)(19 U.S.C.2501, et seq., 19 U.S.C. 3301 note) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013)(31 U.S.C. 3332). This solicitation may incorporate one or more provisions and clauses by reference with the same force and effect as if they were given in full text. The full text of a provision or clause may be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) The following full text Clauses/Provisions are include and applicable to this acquisition: 52.209-7 - Information Regarding Responsibility Matters (JUL 2013) (a) Definitions. As used in this provision-"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).(b) The offeror [ _] has [_ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 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]: 0 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; 0 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 0 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. HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sept 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: HSAR 3052.205-70, Advertisement, Publicizing, Awards, and Releases (Sep 2012) HSAR 3042.242-72, Contracting Officer's Technical Representative (Dec 2003) HSAR 3052.247-72, F.o.B. Destination Only (Dec 2003) (xiii) Additional Contact Requirements Withholding Payment for Non-Delivery of Data (a) If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer's copy) or any part thereof, are not delivered within the time specified by this contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table: When Contract Total Price is Percentage to be withheld is Less than $250,000 10% $250,000 to $1,000,000 5% Over $1,000,000 2% The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor's obligation to furnish the data required under this contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this contract in addition to, and not in lieu of, the sum withheld in accordance with this clause. Required Standard of Workmanship Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law. CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) (a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award. (b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 60 days to respond to the SLFC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system. (c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer. (d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor. (xiv) Defense Priorities and Allocations System (DPAS) is not applicable to this requirement. (xv) Any offers in response to this combined synopsis/solicitation are due no later than 11:00 AM. Eastern Time on, September 18, 2015. Proposals should be emailed (HIGHLY preferred) or mailed. (xvi) For information regarding this combined synopsis/solicitation, contact the individual below: Dennis S. Kokoskie Contract Specialist Phone: 410-762-6747 Email:dennis.s.kokoskie@uscg.mil Attachments: Enclosure I - Schedule of Supplies and Services Enclosure II - Statement of Work (SOW) Small Boat Model Test
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGELC/HSCG40-15-R-POE426/listing.html)
 

Place of Performance

Address: Miami and Key West, Florida, United States
 

Record

SN03879015-W 20150911/150910001010-3f219bc67b94d64d0d926fda98947af5 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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