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Notice Date
Notice Type
336413 — Other Aircraft Parts and Auxiliary Equipment Manufacturing
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
ZIP Code
Solicitation Number
Point of Contact
Gary S Woolard, Phone: (252) 334-5274
E-Mail Address
Small Business Set-Aside
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and supplemented with additional information included in this notice from Subpart 13.5. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number HSCG38-09-R-J00001 is issued as a Request for Proposal (RFP). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-33. The North American Industry Classification System (NAICS) Code is 336413 and the small business size standard is 1,000 employees. This is an unrestricted procurement. The Government intends to award a Firm-Fixed Price, Requirements contract for the purchase of multiple MH-60 aircraft auxiliary gearboxes as detailed in the schedule posted to the solicitation as an attachment. Subsequent award will consist of a one-year base period and four one-year option periods. The USCG intends to negotiate and award to Sikorsky Aircraft Corporation, 6900 Main Street, Stratford, CT, Cage Code 78286. All responsible sources may submit a solicitation which will be considered. Drawings or specifications are not available, and cannot be furnished by the government. Award will be made to the offeror proposing the best value to the Government considering technical capability, price, delivery and past performance. Required delivery is To Be Determined (after receipt of proposals) days after issuance of individual delivery orders. Deliver to: USCG Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001. F.O.B. Destination is preferred. Parts delivered under this contract shall be new material. Reconditioned/Used Material is NOT acceptable. Each piece of equipment shall be packaged in accordance with ASTMD D3951-98 (Reapproved 2004) to enable shipment to destination and transshipment to a Coast Guard unit without repacking or incurring damage during shipping and handling. Material must be individually packed in a separate box, suitable for shipment via land, air, or sea. Each package shall be individually labeled on the outside with the NSN, P/N, S/N, Quantity, Nomenclature, Contract Number, and Line Item Number. Labeling data shall be attached to the outside of the shipping container. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage with temperatures ranging from 95 to 40 degrees Fahrenheit and high humidity for a period of 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 shall be performed by Certificate of Conformance (COC) in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance shall be submitted in the format specified in the clause and/or an FAA Form 8130 Airworthiness Approval Tag and acceptance shall be performed by ALC Quality Assurance personnel. 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 a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ The following FAR provisions and clauses are incorporated by reference: 52.212-1 Instructions to Offerors – Commercial Items (June 2008) 52.212-2 Evaluation-Commercial Items (Jan 1999), The Government will award a contract resulting from this solicitation to the responsible offeror whose proposal will be the most advantageous to the Government, price and other factors considered. The following factors are arranged in descending order of importance and shall be used to evaluate: 1) Technical Capability; 2) Delivery; 3) Past Performance and 4) Price. The combination of 1) Technical Capabilities and 3) Past Performance may be considered significantly more important than Delivery and Price. The Government intends to award without discussions with offerors. Therefore, the offerors initial offer should contain the offerors best terms. However, the Government reserves the right to conduct discussions if later determined to be necessary by the Contracting Officer. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JUN 2009) Offerors shall include a completed copy of this provision with offer or complete only paragraph (j) of the 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. FAR 52.212-4 Contract Terms and Conditions Commercial Items (MAR 2009) tailored to include the following addenda: FAR 52.211-14 Notice of Priority Rating for National Defense Use (APR 2008) DO-A1 rating FAR 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (Oct 1997) (a) Submission of Cost or Pricing Data is not required (b) Provide information on the prices at which same or similar services have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. FAR 52.216-18 Ordering (OCT 1995) Para (a): Date of Award, One year from Date of Award for the base period and each exercised option period. FAR 52.216-21 Requirements (OCT 1995) Para (f): To be determined at time of award. FAR 52.217-5 Evaluation of Options (July 1990) FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) Para (a): 30 calendar days prior to expiration, 60 calendar days before the contract expires Para (c): five years FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.233-2 Service of Protest (SEP 2006) (a) Jonathan Stanton FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) United States law will apply to resolve any claim of breach of this Contract. FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) Homeland Security Acquisition Regulation (HSAR) 48 CFR Chapter 30) Clauses 3052.209-70 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; (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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (JUNE 2009) (a)(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)). 52.219-28, Post-Award Small Business Program Rerepresentation (APR 2009) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 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). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 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). 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees. (Dec 2004)(E.O. 13201) 52.222-54, Employment Eligibility Verification (JAN 2009) 52.222-50, Combating Trafficking in Persons. (FEB 2009) 52.225-13, Restrictions 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). 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). Primary point of contact is Gary Woolard at (252)334-5274, gary.s.woolard@uscg.mil or Jonathan Stanton at (252)335-6642, jonathan.a.stanton@uscg.mil. Closing date/time for submission of proposals is August 7, 2009 at 3:00 P.M. eastern time. Submit to USCG, Aviation Logistics Center, H60 Product Line, Bldg. 79, Elizabeth City, NC 27909-5001, Attn: Gary Woolard OR by email (gary.s.woolard@uscg.mil). Enclosure (1) to COMDTINST 4200.14, NOTICE FOR FILING AGENCY PROTESTS, is attached. 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.
Web Link
FBO.gov Permalink
Place of Performance
Address: USCG, Aviation Logistics Center, Elizabeth City, North Carolina, 27909, United States
Zip Code: 27909
SN01893706-W 20090801/090731000814-883e3b7025d57588c599a6182f3ffa6d (fbodaily.com)
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