SOLICITATION NOTICE
42 -- Monadnock batons and holders
- Notice Date
- 3/18/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423990
— Other Miscellaneous Durable Goods Merchant Wholesalers
- Contracting Office
- Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MD, 7701 N. Stemmons, Dallas, Texas, 75247, United States
- ZIP Code
- 75247
- Solicitation Number
- 192109NFU00000098
- Archive Date
- 4/8/2009
- Point of Contact
- Greg Horwitz, Fax: 214 905 5568
- E-Mail Address
-
greg.horwitz@dhs.gov
- Small Business Set-Aside
- N/A
- Description
- SYNOPSIS: This is a combined synopsis/solicitation prepared in accordance with the format in FAR 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. The solicitation number is 192109NFU00000098 and is a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-30. This solicitation is posted on an unrestricted basis. The Government anticipates awarding one firm fixed price purchase order for this item. The following factors will be used to evaluate quotes and are listed in order of importance: (1) Technical Compliance to required features and design (2) Price Technical Compliance Provide documentation that shows the product meets the salient physical, functional, or performance characteristics specified herein, in accordance with FAR 52.211-6 Brand Name or Equal. This acquisition is for: 1) 2055 each Monadnock #9152 brand name or equal autolock batons, 22”, with power safety tip and ball bearing. 2) 2055 each Monadnock #3034 front draw 360 degree swivel holder, clip-on The use of brand name or equal purchase description has been determined necessary to meet the government’s technical requirements for the intended product. All known physical or functional characteristics of the product specified are essential to the intended use. Identification by brand name does not indicate a preference for the product mentioned but indicates the quality and characteristics of a product that will meet the Government’s needs. Any quote for an other than Monadnock branded item must provide for one (1) sample to be provided and shipped at no charge to the Government to Ron Beegle at the NFTTU address shown below. Samples MUST be received in Altoona, Pa no later than two (2) business days after the close of this posting, and will not be returned. Quotes not specifying approximate delivery times WILL NOT be considered. Price The total price of the requested material will be a determining factor after determination is made as to compliance to item construction requirements. The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. Vendors should include warranty terms and delivery times with their quote. Delivery shall be for 2055 each Monadnock 9152 batons or equal, and 2055 each Monadnock 3034 swivel holders or equal, shipped FOB Destination to: DHS ICE National Firearms and Tactical Training Unit (NFTTU) Attn: Ron Beegle 814-946-9981, 320 E. Chestnut Avenue, Altoona, Pa 16601 The Government desires delivery of all parts on or before May 29, 2009 and anticipates awarding a purchase order for these items on or about late March, 2009. Inspection and Acceptance shall be at destination (supplies shall be delivered to the destination at the expense of the contractor). Faxed and e-mailed quotes will be accepted. Faxed quotes may be sent to the attention of Greg Horwitz at 214-905-5568 and e-mailed quotes may be sent to greg.horwitz@dhs.gov. Contractors are responsible for verifying receipt of their quotes. All responsible sources interested in responding to this RFQ must respond no later than 3:00 PM Central Standard Time on March 24, 2009. FAR 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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil/farsite.html (End of clause). The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference- 52.212-1 Instructions to Offerors Commercial Items (Jun 2008) 52.212-2 Evaluation, Commercial Items (Jan 1999) with factors specified in this solicitation for paragraph (a) 52.212-3 Offeror Representations and Certification Commercial Items (Jun 2008). Note: An offeror shall complete only paragraph (j) 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 (i) of this provision. In addition, the following HSAR provision applies. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006). 52.212-4 Contract Terms and Conditions, Commercial Items (Oct 2008) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Jan 2009) The following additional clauses under FAR 52.215-5(b) are applicable: 52.219-28 Post Award Small Business Program Rerep (Jun 2007) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-50 Combating Trafficking in Persons (Aug 2007) 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (Jun 2003) (41 U.S.C. 10a-10d) 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) 52.247-34 F.O.B. Destination (Nov 1991) 52.211-6 -- Brand Name or Equal (Aug 1999) As prescribed in 11.107(a), insert the following provision: (a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation. (b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must— (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by— (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 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]: __ 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) Contracting Office Address: 7701 N. Stemmons Freeway, Suite 300 Dallas, TX 75247 Place of Performance: National Firearms and Tactical Training Unit 320 E. Chestnut Avenue, Altoona, PA 16601
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