SOLICITATION NOTICE
41 -- Flight Line Air Conditioner
- Notice Date
- 8/21/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 333415
— Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aircraft Repair & Supply Center, HU25, HH65, H60J, C130, ESD, C130J, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-08-Q-010131
- Response Due
- 9/2/2008
- Archive Date
- 9/17/2008
- Point of Contact
- Linda D Clark,, Phone: 252-334-5212
- E-Mail Address
-
linda.d.clark@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 Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. This Request for Quotation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-26. The North American Industry Classification System (NAICS) code is 333415. The small business size standard is 750 employees. This is an unrestricted procurement. The contract will be awarded using simplified acquisition procedures in accordance with FAR Part 13.5. This contract will be awarded as a firm-fixed-price contract under full and open competition procedures. The award will be based on FAR 6.302-1. The Coast Guard intends to award to the contractor offering the lowest price technically acceptable item. Reconditioned/Used Material is not acceptable. The requirement consists of CLIN 1: 7 EA, Flight Line Air Conditioners. Offerors are invited to propose based upon the following minimum requirements. 1. 134A must be the refrigerant used in the equipment. 2. Unit must include a generator set that is compatible with diesel fuel for flight line use and can be easily converted for 3-phase 480V 60HZ utility power for in hangar use if needed. 3. Easily transported onboard C-130 aircraft. 4. Low Fuel warning signal with a low fuel automatic shutdown 5. Adjustable air outlet damper to regulate output 6. Approx 25 Ton nominal cooling capacity. 7. The unit must be trailer-mounted and completely self-contained. The air-conditioning is required under continuous operation to provide cooling of the HC-144A aircraft cockpit, cabin, and cargo compartment. The unit must be capable of maintaining the aircraft comfort to below 80 degrees Fahrenheit in all ambient outside weather conditions. The air-conditioning equipment shall not require an air-return from the aircraft. Unit shall be delivered with a full charge. Carbon monoxide shall not be resent in the output airflow of the unit in any operational mode. The unit shall meet the best commercial practices for aircraft ground support equipment. Offerors are invited to submit prices that include quantity discounts All responsible sources may submit a quote, which shall be considered by the agency. Sources shall have a valid Cage Code; Data Universal Numbering System (DUNS); number or the ability to obtain one by, be registered in the Central Contractor Registration (CCR) (http://www.ccr.gov); and be registered in the Online Representations and Certifications Application (ORCA) (http://orca.bps.gov). The contract period shall be based on date of contract award and will extend until all items have been delivered. The anticipated award date is Sep 14, 2008, but is not an exact date. Delivery will be made to various USCG locations such as Miami, FL; Mobile, AL; Elizabeth City, NC; and Puerto Rico. Desired F.O.B. point is destination; however, F.O.B. point will be in accordance with contractor’s standard commercial practice. PACKING SLIP: At the time of each delivery of supplies or services under this contract, the contractor must furnish to the Government a properly completed packing slip. This packing slip must include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Serial Number(S/N), 5) Delivery Order Number, 6) Line Item Number, and 7) Quantity. One copy of the packing slip shall be attached to the outside of the shipping container. PACKAGING/MARKING/PRESERVATION: The contractor shall comply with ASTM D 3951-98 Commercial Packaging, shipping and Storage Procedures (Reapproved 2004). Each individual container shall be labeled on the outside with NSN, P/N, S/N, Quantity, Nomenclature, Contract Number, and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage with a temperature ranging from 95 to 40 degrees Fahrenheit and high humidity for a period not less than one year. Packaging material shall not consist of popcorn, shredded paper, styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory. INSPECTION/ACCEPTANCE: Inspection and Acceptance of material shall be by COC. LEVEL OF INSPECTION/QUALITY SYSTEM: The contractor shall provide and maintain a quality system in compliance with ISO 9001 or ISO 9002, ANSI/ASQC, Q9001, Q9002 or a Quality System that is acceptable to the government. Vendor shall indicate quality system used. DESIRED DELIVERY SCHEDULE: Desired delivery is 30 days after receipt of order. Required delivery is 180 days after receipt of order. The contractor may propose an alternate delivery schedule. The contractor’s proposed earlier delivery schedule will then become the required delivery schedule. Early and partial deliveries are desired and acceptable as long as there are no additional charges to the government. ACQUISITION REQUIREMENTS ARE FOR NEW MATERIAL ONLY. The items being procured are end items. Acquisition requirements are for new material only. All responsible sources may submit a proposal, which shall be considered by the Agency. SHIPPING INSTRUCTIONS. Deliverable items shall be shipped to various addresses as shown in contract award. MARK FOR: Contract No.. ____________________________ (Assigned at time of award) CONTRACT ADMINISTRATIVE DATA. ADDRESS FOR CORRESPONDENCE: Documents, reports, and all correspondence, except as otherwise specified, shall be directed to the following address: USCG Aircraft Repair and Supply Center Contracting Officer MRS Contract Section, Bldg. 79 Elizabeth City, NC 27909 Contract No. ______________________ (Assigned at time of award) INVOICING INSTRUCTIONS. The original Contractor's Invoice shall be submitted to the designated billing office for payment as follows: Chief, Fiscal Branch Bldg. 63 USCG, Aircraft Repair and Supply Center Elizabeth City, NC 27909-5001 Contract No. ______________________ (Assigned at time of award) The following Federal Acquisition Regulation and Homeland Security Acquisition Regulations, Provisions and Clauses apply: FAR 52.212-1 Instructions To Offerors Commercial Items (Jun 2008) FAR 52.212-2 Evaluation Commercial Items (Jan 1999) Award will be made utilizing the following factors, price, delivery, past performance, and quality. The Coast Guard intends to award one contract to the contractor whose quote is identified as offering the best value solution for the government. FAR 52.212-3 Offeror Representations and Certifications Commercial Items (Jun 2008) Alt I (Apr 2002). These certifications must be included with quotation, copies may be obtained by calling the Agency or by downloading the document from FedBizOps as posted under this solicitation. IAW FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the ORCA web site at http://orca.bpn.gov. Please ensure completion prior to submission of your offer. An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically. If an offeror has not completed the annual representations and certifications electronically at the ORCA web site, the offeror shall complete only paragraphs (b) through (j) of this provision. FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2007) is tailored to include the following FAR/HSAR clauses: ADDENDUM FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) 52.204-7Central Contractor Registration (Apr 2008) b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) (Alt IV (Oct 1997) (a) Submission of cost or pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.219-16 Liquidated Damages – Subcontracting Plan (Jan 1999) 52.242-13 Bankruptcy (Jul 1995) 52.246-11 Higher-Level Contract Quality Req (Feb 1999) The contractor shall provide and maintain a quality system equal to ISO 9001, ISO 9002, ANSI/ASQC, Q9001, Q9002 or a higher-level system acceptable to the Government. The contractor shall state quality system to be used in performance of this contract. 52.246-15 Certificate of Conformance (Apr 1984), and the Coast Guard’s required Airworthiness Certification Requirements. 52.247-34 F.O.B. Destination (Nov 1991) 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the Full Text of a clause may be accessed electronically at this internet address; www.arnet.gov/far/ HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSES (can be accessed electronically at http://www.dhs.gov/xlibrary/assets/opnbiz/cpo-acquisition-regulation-0606.pdf 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES [JUN 2006] (a) Prohibitions. Section 835 of 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. 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]: ___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; ___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 waiver pursuant to 3009.104-74, 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 3009.104-70 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 been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (Jun 2008). (Applicable Clauses under 52.212-5) (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). (8) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2007)(15 U.S.C. 637 (d)(4).) (iii) Alternate II (Oct 2001) of 52.219-9. (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)) (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755). (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). End of Clause 52.211-15, Defense Priorities and Allocations System Rating: DO-A1 (Apr 2008); Closing date and time for receipt of offers is 30 Aug 2008, 4:00 pm, Local Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427, Attention: Linda D. Clark. Electronic submissions may be sent to linda.d.clark@uscg.mil. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price, FOB point must be specified; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All offerors submitting a quote shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. Parties interested in viewing the Justification for Full and Open Competition for this requirement may visit http://www.uscg.mil/hq/arsc/hc144.asp to view this document. The justification was properly approved by Wade Johnson, Contracting Officer; Kevin Barrick, Technical Representative; David Burgess, Chief of the Contracting Office; and Keith O’Neill, Assistant Competition Advocate (CG-9131) in accordance with FAR, HSAR, HSAM, & CGAP requirements. "ENCLOSURE: Enclosure (1) to COMDTINST 4200.14, Notice for Filing Agency Protests, is included with this solicitation. Enclosure (1) to COMDTINST 4200.14 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 General 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG 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. 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-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
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