SOLICITATION NOTICE
59 -- Purchase of Electronic Controller Board
- Notice Date
- 3/28/2016
- 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
- HSCG44-16-Q-PCZ421
- Archive Date
- 4/21/2016
- 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 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 HSCG44-16-Q-PCZ421. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-87. This procurement will be processed in accordance with FAR Part 12 and 13. The North American Industry Classification System (NAICS) is 334220. The SBA size standard is 1,250 Employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive 2 or more Offers from qualified Small Business Concerns: therefore IAW FAR 19.502-2(a), This IS NOT A Small Business Set-A-Side. Substitute items will NOT be considered for Award. The USCG Command, Control and Communication Engineering Center (C3CEN) Portsmouth, VA. 23703, intends to purchase on a non-competitive basis by Awarding a Firm Fixed Price Purchase Order to Thales Defense & Security, Inc. for the purchase of Controller Board TMR 1095/1096, see addendum under Schedule B. The proposed contract action resulting from this synopsis/solicitation for commercial services is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1 & 13.106-1(b). Interested persons/parties may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive quotations/proposals. However, all quotations and proposals received will be considered by the USCG/Government. A determination by the USCG/Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the USCG/Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes for future acquisitions. The contractor for this proposed Sole Source contract is: Thales Defense & Security, Inc., 22605 Gateway Center Dr., Clarksburg, MD, 20871-2001, Cage Code: 23386. A current System for Award Management (SAM) Data Search was conducted on March 28, 2016 by the Contracting Officer. This Contractor is current/active in SAM and does not have any active Exclusion. This is considered to be a Sole Source Acquisition. See the below Justification. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Items are to be NEW items. Used or Refurbished items are NOT acceptable. Any Contractors that are authorized Distributors of Thales Defense & Security, Inc. is encouraged to provide a Firm Fixed Price Quotation IRT this Solicitation. The USCG/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 Overall Value to the Government, price and other factors considered. The Required Delivery Date is 180 days ARO. All items will be required to be shipped to Baltimore, MD. 21226. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by April 6, 2016 @ 11:00AM EST. Delivery Information is to include the Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/GOV. 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: Cost Breakdown, Unit Price, Extended Price, Total Price, Payment Terms, discount offered for prompt payment, Company DUNS and Cage Code. Email quotes to D05-SMB-C4ITSC-CPD-C3CEN-TeamS@uscg.mil Anticipated Award Date for the PO Contract is April 11, 2016, this date is approximate and not exact. 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 re-performance of nonconforming Services at no increase in contract price. If repair/replacement or re-performance 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: 10 each, Controller Board TMR 1095/1096, MFR P/N 700183-536-001 Line Item 2: One (1) each, shipping charges (if applicable to 21226). Delivery Terms: The Required Delivery Date is One Hundred and Eighty (180) days after receipt of order (ARO). PROVISIONS / CLAUSES • The Following FAR Provisions/Clauses apply to this Solicitation: FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2015) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). 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 (Mar 2016) to include Alt I (Oct 2014). The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision. • The Following Clauses apply to this Solicitation and awarded Contract. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2016) 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 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015). FAR 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). FAR 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.'s proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (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 https://www.acquisition.gov/far • The Following DHS Acquisition Regulations/ Clauses apply to this Solicitation: 3052.209-70 Prohibition on contracts with corporate expatriates As prescribed at (HSAR) 48 CFR 3009.108-7005, insert the following clause: 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 an acquisition described in section 835(b)(1) 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 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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 clause) 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 (Feb 2016). 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.   Sole Source Justification For Simplified Acquisitions (over $3,000 and up to $150,000) pursuant to FAR 13.106, including Brand Name SOLICITATIONS MAY BE LIMITED TO ONE BRAND ONLY IF THE CONTRACTING OFFICER DETERMINES THAT ONLY ONE BRAND NAME IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTIFICATION FOR BRAND NAME FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIMITS THE AVAILABILITY TO ONE BRAND NAME, THE JUSTIFICATION MUST EXPLAIN WHY THE ITEM IS THE ONLY ONE THAT WILL MEET THE GOVERNMENT'S REQUIREMENT. STATEMENTS SUCH AS "ONLY KNOWN BRAND NAME" OR "ONLY BRAND NAME WHICH CAN MEET THE REQUIRED DELIVERY DATE" ARE INADEQUATE TO SUPPORT A SOLE SOURCE BRAND NAME PURCHASE. THE CUSTOMER SHALL PROVIDE THE FOLLOWING INFORMATION: PURCHASE REQUEST OR REQUISITION NUMBER 21-16-446PCZ421 PROJECT/TASK NUMBER ESTIMATED AMOUNT (Over Micro-Purchase Threshold, but up to the Simplified Acquisition Threshold) BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE INTENDED USE: The purchase of OEM replacement circuit cards for the repair of TMR-1096 (part number: 700183-536-001). UNIQUE CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE BRAND NAME, WITH THE REASON NO OTHER BRAND NAMES OR SOURCES CAN BE USED. The controller card (PN-700183-536-001) is proprietary information for Thales Defense and Security, Inc. (OEM) that is not released to any third party for repair or manufacturing. Thales holds all rights to the TMR-90 designs, drawings, and fabrication and is the only source of supply. REASON THAT SUGGESTED BRAND NAME IS THE ONLY BRAND NAME WHICH CAN PROVIDE THE SUPPLIES OR SERVICES In summer 2005, Thales was awarded a $32 million, 10-year IDIQ contract to upgrade all existing Coast Guard Cutters in the legacy fleet. Thales delivered its TMR8090 HF system. This upgrade provided the coast Guard maximum flexibility with the latest integrated and networked shipborne HF technology supporting the newest generation waveforms, including MIL-STD-188-141B Automatic Link Establishment. Thales' modularly designed, dual channel HF radios provide size and weight reductions over legacy equipment and, with a variety of control applications, allow the Coast Guard the ability to remotely control the Thales HF system from the multiple locations, maximizing operational flexibility and reducing workload. In 2008, the Coast Guard selected Thames HF system for incorporation into new cutter acquisition contracts for the next five to seven years. The system is being integrated on the Sentinel-Class fast Response Cutters and Offshore patrol Cutters as well as other cutter and shore communications acquisition programs with medium-powered HE and HE-ALE requirements. EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETITION HAS NOT BEEN DEVELOPED OR ARE NOT AVAILABLE. Thales is the only HF provider to offer a Near Vertical Incident Skywave solution for the Coast Guard. The controller card (PN-700183-536-001) is proprietary information for Thales that is not released to any third for repair or manufacturing. Thales holds all rights to the TMR-90 designs, drawings, and fabrication and is the only source of supply PROVIDE A STATEMENT OF ACTIONS, IF ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUISITIONS ARE REQUIRED The government would need to acquire the rights to proprietary chassis components in order to solicit additional competition to reverse engineer or repair to specifications this equipment and its associated components. SIGNATURE AND TITLE OF CUSTOMER Anthony S. Kritsings CODE TELEPHONE NUMBER DATE SIGNATURE OF CONTRACTING OFFICER James A. Lassiter CODE TELEPHONE NUMBER DATE
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