SOLICITATION NOTICE
16 -- Rotortuner/Jems Support
- Notice Date
- 9/8/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 336413
— Other Aircraft Parts and Auxiliary 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-R-500033
- Response Due
- 9/12/2008
- Point of Contact
- Lucille W McEachin,, Phone: 252-335-6941, Debra D Mitchell,, Phone: 2523356895
- E-Mail Address
-
Lucille.Mceachin@uscg.mil, debra.d.mitchell@uscg.mil
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items in accordance with the format in Subpart 12.6 and 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation HSCG38-08-R-500033 is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular 2005-26. This is an unrestricted procurement. The North American Industry Classification Standard is 336413 and the small business size standard is $1,000 employees. The U.S. Coast Guard (USCG) intends to award an Indefinite-Delivery Indefinite-Quantity Contract with firm-fixed labor rates. Contract using the procedures of FAR Part 12, Acquisition of Commercial Items, in conjunction with FAR Part 15, Contracting by Negotiation. In accordance with FAR 6.302-1, the USCG intends to solicit and negotiate on a limited source basis with Helitune Inc. a subsidiary of the Original Equipment Manufacturer (OEM) Helitune Ltd of Devon, England or a responsible source that has access to OEM parts and can provide documented traceability back to the OEM. The USCG does not own, nor can it provide, specifications, drawings or other technical data. All responsible sources may submit an offer which will be considered by the agency. To meet the requirements of FAR 11.105 and 5.102(a) (6), the Justification/documentation for purchase of items peculiar to one manufacturer is available at http://www.uscg.mil/hq/arsc/esd.asp. The Performance Work Statement (PWS), Schedule of Supplies, Coast Guard Air Stations Shipping Addresses, Rotortuner system configuration, Equipment allocations and USCG Component Repair Record are available and can be downloaded at http://www.uscg.mil/hq/arsc/esd.asp Traceability means that the awardee must be able to provide a clear, documented, auditable paper trail for ownership and transfer of each part from the OEM the final vendor. All material must be new. Reconditioned/Used Material is not acceptable. The anticipated period of performance consists of one (1) 12-month Base Period with three (2) 12-month Option Periods. The anticipated date of performance for the Base Period is 01 October 2008 through 30 September 2009. Receipt and Acceptance of services rendered will be performed at destination. The following FAR Provisions and Clauses are incorporated by reference in accordance with the format prescribed by FAR 12.603: FAR 52.212-1 Instructions to Offerors-Commercial Items (June 2008) applies to this acquisition and there is no addenda to the provision; FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) (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 and are listed in order of importance: 1) Technical Capability to meet the Government's requirement; 2) Price. The Government reserves the right to award any item or group of items contained in this solicitation. The offeror agrees to hold it prices in its offer firm for 60 calendar days. Offerer may be emailed or faxed to Lucille McEachin, Contract specialist at Lucille.McEachin@uscg.mil or fax (252) 334-5242. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (June 2008) Offerors shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) of this provision. FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2007) with the following addenda: Provision FAR 52.211-14 Notice of Priority Rating for National Defense Use (Sep) 1990 is incorporated by reference. DO-A1 Rating. FAR 52.216-18 Ordering (Oct 1995): Para (a) – “date of award” through “expiration date of contract or exercised option period.” 52.216-22 Indefinite Quantity (Oct 1995) 52.217-9 Option to Extend the Terms of the Contract (Mar 2000) Para. (a) 30 calendar days prior to contract expiration; (c) 4 years FAR 52.233-2 Service of Protest (Sep 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, USCG Aircraft Repair and Supply Center, ESD Procurement, Elizabeth City, NC 27909 (e-mail Debra.D.Mitchell@uscg.mil ; fax: (252) 334-5242) by obtaining written and dated acknowledgment of receipt from the Contracting Officer at the same location. (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); 52.246-15 The contractor shall furnish a Certificate of Conformance in accordance with FAR Clause 52.246-15 and in the format specified in the clause. FAR 52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998), FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full text may be accessed electronically at internet address www.arnet.gov/far ; Homeland Security Acquisition Regulation (HSAR) 48 CFR 3009.104-75) HSAR 3052.209-70 Prohibition on Contracts with Expatriates (June 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]: __ 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 for 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 already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2008): FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate 1 (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402); FAR 52.219-8 Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)); FAR 52.222-3 Convict Labor (June 2003)(E.O. 11755), FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2008)(E.O. 13126), FAR 52.222-21 Prohibition of Segregated Facilities (Feb 1999), FAR 52.222-26 Equal Opportunity (Mar 2007)(E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006)(38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other eligible Veterans (Sept 2006)(38 U.S.C. 4212), FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues of Fees (Dec 2004)(E.O. 13201), FAR 52.222-50 Combating Trafficking in Persons (Aug 2007), FAR 52.225-1 Buy American Act –Supplies (June 2003)(41 U.S.C. 10a-10d), FAR 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), FAR 52.232-33 Payment by Electronic Funds Transfer- Central Contractor Registration (Oct 2003)(31 U.S.C. 3332) FAR 52.222-41 Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq), FAR 52.222-42 Statement of Equivalent Rates for Federal hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq) - In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination; Employee Class: Electronics Technician Maintenance I WG-8 Monetary Wage-Fringe Benefit: $21.27; Employee Class: Electronics Technician, Maintenance II WG-9 Monetary-Fringe Benefit $22.48: Electronics Technician, Maintenance II WG-10 Monetary-Fringe Benefit $23.66 - Annual Leave: 2 hours per week for service less than 3 years; 3 hours per week for service of 3 years but less than 15 years; and 4 hours per week for service for 15 years and more. Paid Holidays: Ten per year. Government's contribution to sick leave and to life, accident and health insurance: 5.1 percent of basic hourly rates. Government's contribution to retirement pay: 7 percent of basic hourly rate. (End of clause). FAR 52.222-43 Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts)(Nov 2006)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.), Wage Determination 2005-2167 Revision No. 6 is incorporated as attachment (A) of which a copy is available at a http://www.uscg.mil/hq/arsc/esd.asp. The Closing Date and Time for Receipt of Offers is 12 September 2008 at 3:00 p.m. EDST. The offeror agrees to hold its prices in its offer firm for 60 days. Offers may be e-mailed, faxed or mailed to Lucille McEachinl, Contract Specialist at Lucille.McEachin@uscg.mil, fax: (252)334-5242 or USCG AR&SC, Attn: Lucille McEachin, ESD Procurement Branch Bldg 78, 1664 Weeksville Road, Elizabeth City, NC 27909-5001. 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 form. 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 at 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 Telephone 202-372-3695 Fax: 202-475-3904 The Ombudsman Hotline telephone number is 202-372-3695
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