SOLICITATION NOTICE
58 -- Purchase of Furuno and Hatteland Items - Brand Named Justification
- Notice Date
- 3/29/2016
- 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), C4IT (C3CEN), Coast Guard Blvd, Portsmouth, Virginia, 23703, United States
- ZIP Code
- 23703
- Solicitation Number
- HSCG44-16-Q-PC8049
- 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
- Brand Named Justification This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included 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-PC8049. 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. The North American Industry Classification System (NAICS) is 334511. The SBA size standard in Employees is 1,250 EMP. This is Not a Small Business Set-Aside, due to this acquisition being a Brand Specific Procurement it is not anticipated by the Contracting Officer that the number of responses to this RFQ will provide ample responses to warrant a SB Set-A-Side, therefore IAW FAR 19.502-2(a) this IS NOT A Small Business Set-A-Side. The items are to be "Brand Name" manufactured by FURUNO USA and Hatteland. Substitute proposed Brands will NOT be considered for Award. See Justification below. The USCG Command, Control and Communication Engineering Center (C3CEN) Portsmouth,VA. 23703, intends to purchase the FURUNO and Hatteland Parts as listed in Schedule B below. The two brands (FURUNO and Hatteland) MUST be compatible for Coast Guard Systems Operations. 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. Substitute proposed Brands will NOT be considered for Award. Any Contractors that are authorized FURUNO and Hatteland Distributors are encouraged to provide a Firm Fixed Price Quotation IRT this Fed-Biz-Ops Solicitation. 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. The Required Delivery Date is 30 Days ARO. Unless otherwise stated all items will be required to be shipped to 21226. FIRM FIXED Price Proposals may be submitted on company letterhead stationery and must include the following information: Cost Breakdown, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is Apr/06/2016 @10:00AM EST. Note: The Government/USCG reserves the right to Award on an All or None Basis that is the Gov may issue a PO Contract to the Offeror that submits the lowest aggregate price rather than issue a PO Contract to each Offeror on the basis of the lowest Quotation on each item. Provide Firm Fixed Price Proposals with Delivery Information and Delivery Time Frame by Apr/06/2016 at 10:00 A.M (EST). Delivery Information is to include the Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. FOB Destination is preferred by USCG/Government. If proposing FOB Origin, provide Shipping Cost as a Separate Line Item. FIRM FIXED Price Proposals are to be sent via EMAIL on Company Letterhead to Point of Contact (POC) listed below and MUST include the following information: (1) Cost Breakdown, (2) Unit Price, (3) Extended Price, (4) Total Price, (5) Payment Terms, (6) Discount Offered for Prompt Payment, (7) Company DUNS and Cage Code Numbers. QUOTES ARE TO BE SENT TO: D05-SMB-C4ITSC-CPD-C3CEN-TeamS@uscg.mil Anticipated Award Date for the PO Contract is Apr/07/2016, 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 Items 1- 6 are FURUNO Components and Line Items 7 - 8 are HATTELAND Items Line Item 1: 1 Ea of- XN20AF/6.5 ANTENNA___________________ Line Item 2: 1 Ea of - RCU014/CG KBD/TRKBL CTRL UNIT__________________ Line Item 3: 2 EA of - 000-149-052 CONTROL CABLE 30M __________________ Line Item 4: 2 Ea of - RCU016/CG KBD/TRKBL REMOTE CONTROLER_______________ Line Item 5: 14 Ea of - HUB100 NETWORK SWITCHING HUB ETHERNET____________ Line Item 6: 1 Ea of - RPU013S 30 KW S-Band Radar Processor ___________________ Line Item 7: 3 Ea of - HATDISP19 HATTELAND 19" DISPLAY_______________________ Line Item 8: 2 Ea of - CGR-HBT-190 HATTELAND 19" MOUNTING BRACKET _________ Line Item 9: 1 Ea of - Shipping (If Applicable) ________________ Total Line Items 1 - 9 ____________________ PLEASE NOTE: THIS IS NOT A SMALL BUSINESS SET-A-SIDE PROVISIONS / CLAUSES: • The Following FAR Provisions 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). 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. • 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 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Feb 2016) FAR 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 -- Equal Opportunity (Apr 2015) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Jul 2014) FAR 52.222-50 -- Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13 -- Restriction on Certain Foreign Deliveries (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.225-25 - Prohibition on Contracting with Entities Engaging in certain Activities or transactions Relating to Iran - Representation and Certifications (Oct 2015) FAR 52.232-19 -- Availability of Funds for the Next Fiscal Year (Apr 1984) Funds are not presently available for performance under this contract beyond Sept. 30, 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. 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 https://www.acquisition.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 (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. 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)
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