SOLICITATION NOTICE
53 -- Blast Media
- Notice Date
- 8/10/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423840
— Industrial Supplies Merchant Wholesalers
- 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
- 27909-5001
- Solicitation Number
- HSCG38-09-Q-800010
- Point of Contact
- Gary S Woolard, Phone: (252) 334-5274, Dorothy B Pelis, Phone: 252-384-7181
- E-Mail Address
-
Gary.S.Woolard@uscg.mil, dorothy.j.pelis@uscg.mil
(Gary.S.Woolard@uscg.mil, dorothy.j.pelis@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 (HSCG38-09-Q-800010) incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-35. This is an unrestricted procurement. The North American Industry Classification System (NAICS) Code is 423840 and the small business size standard is 100 employees. All responsible sources may submit an offer that shall be considered by the agency. The contract will be awarded using simplified acquisition procedures in accordance with Federal Acquisition Regulation (FAR) Part 13.5. The contract will be awarded as a firm fixed price, Indefinite Delivery/Indefinite Quantity (IDIQ) type contract. Subsequent award will consist of a one-year base period with one, one-year option period. The blast media product desired is to be used specifically for the purpose of removing paint from aircraft surfaces and products must meet or exceed the requirements of the cited technical specifications document. The following items are sought: Dry stripping blast media that meets or exceeds the requirements of Mil Spec MIL-P-85891A for Type VII Media. In addition to supply of the media product, a spent media recycling/disposal plan shall be in place whereas the spent media generated through the aircraft de-painting process results in the generation of a new recyclable product. This resulting product must have it's own Material Safety Data Sheet (MSDS) to avoid generating a new waste stream. The spent media recycling/disposal plan shall also state where the resulting product will be used and for what purpose. If not already on file with this office, valid copies of documentation from the State of North Carolina and the state (if different) where the resulting product will be recycled/disposed of by the contractor shall be furnished with the quotation showing documented approval of the proposed spent media recycle/disposal process. The Environmental Protection Agency Identification Number for the site where the resulting product will be utilized shall be furnished along with a copy of the site's clean air permit. A site inspection of the recycling facility may be required by ALC prior to acceptance of an offer to ensure the recycling/disposal process is in full compliance with applicable state and federal regulations. The term of the contract will be one-year from the effective date, followed by a one-year option period. Quantities listed are estimates only. All orders under the resulting contract will be placed via funded Delivery Orders. Only the USCG ALC will be authorized to issue orders. Failure of the Government to order any of the line items or quantities described as estimated or maximum will not entitle the contractor to any equitable adjustment in price. Guaranteed minimum quantity to be ordered by the Government is 8 Boxes. CLIN 1: Base Period (Date of Award - 30 Sep 2010) Blast Media; Estimated Quantity 150, 500 kg (1102 lb.) BX., CLIN 2: Option Period One (01 Oct 2010 - 30 Sep 2010) to include documented proof of the delivery of spent media to an approved and licensed recycling facility. Packaging, Packing and preservation shall be in accordance with best commercial practices as defined in MIL-P-85891A dated 6 May 1988 and to include Amendment # 2 dated 26 June 1998 to enable shipment to destination. Material shall be packaged in boxes and shipped on pallets. Pallets shall have a copy of the packing slip attached indicating Nomenclature, Contract and applicable Delivery Order Number (Delivery Order Numbers are assigned upon issuance), Quantity or Pounds, and a Contract Line Item Number. All shipments must include a copy of the MSDS. Each box shall be individually labeled with Nomenclature, Quantity or Pounds, Contract and Delivery Order Numbers and Line Item Number. Labeling data shall be attached to the outside of each Box. Packaging shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut packaging. Internal packing material shall be sufficient to prevent damage during shipment, handling and storage. Bar Coding is not required. Material shall be delivered to USCG Aviation Logistics Center, Receiving Bldg 63, Attn: Shop 121, Elizabeth City NC 27909. Inspection and Acceptance of material shall be performed by receiving personnel at ALC. Required delivery of media is 15 days after receipt of a Delivery Order. F.O.B. Destination is preferred for both inbound shipments of new media and outbound shipments of recyclable product. The following FAR Subpart 12 provisions and clauses are incorporated by reference: FAR 52.212-1 Instruction to Offerors-Commercial Items (JUN 2008) The Closing Date for receipt of offers is 26 August 2009 at 3:00 p.m. Eastern Time. Offers may be F.o.b. Destination or F.o.b. Origin, Freight PrePaid, however F.o.b. Destination quotes are preferred. F.o.b. Origin, Freight PrePaid offers must include shipping costs to be considered responsive. In addition to product and pricing information for the base year and option year, offers shall include a detailed description of the disposal process for the spent blast media and must include valid documentation from the state of North Carolina and the state where the product will be recycled/disposed showing approval of the spent/media disposal process if not already on file with this office. If the description of the disposal process is already on file with ALC, offers shall include documentation stating that the process has not been changed and shall confirm that all applicable environmental approvals for the state of North Carolina and the state where recycling shall take place remain valid and current. For information regarding this solicitation contact Gary Woolard, Contract Specialist at gary.s.woolard@uscg.mil or (252) 334-5274. Questions and requests for information should be submitted in writing. Facsimile or e-mail offers are acceptable and may be faxed to (252) 335-6227 or e-mailed to gary.s.woolard@.uscg.mil. Alternate POC is Dorothy J. Pelis, Contracting Officer at dorothy.j.pelis@uscg.mil, fax: 252-334-5490. All responsible sources may submit an offer which shall be considered. Contractors shall have valid Cage Codes and DUNS Numbers, and be registered with CCR. FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) 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 are arranged in order of importance and shall be used to evaluate offers: a) Technical Capability to furnish a product conforming to MIL Spec MIL-P-85891A (TYPE VII) and the recycle/disposal of spent blast media demonstrating a true cradle to grave process; b) Delivery; c) Price; d) Past Performance. Factors a) through d) are arranged in order of importance. Technical Capability is of primary importance and includes two parts: 1) ability to provide the required conforming product or acceptable equal product and 2) the recycle/disposal process for spent blast media. Both parts are of equal importance in that they show the offeror's ability to provide a cradle to grave or closed loop process. Offerors proposals must clearly describe and demonstrate the generation of a new product through the recycle/disposal process showing that a new waste stream is not created. The combination of (a) Technical Capability and (b) Delivery are considered to be significantly more important than (b) Price and (d) Past Performance. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JUL 2009) Offerors shall include a completed copy of this provision with offer or complete only paragraph (b) 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 (c) through (m) of this provision. Alternate I (Apr 2002). (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. 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 52.216-18 Ordering (Oct 1995) Para (a) date of contract award through one year from the date of contract award FAR 52.216-19 Order Limitations (Oct 1995) Para(a) 1 Box, Para(b)(1) ten percent (10%) greater than the Contract Line Item Quantity, Para (b)(2) total line item quantities plus (+) ten percent (10%), Para (b)(3) 20 calendar days, Para (d) 10 calendar days. FAR 52.216-22 Indefinite Quantity (Oct 1995) Para (d) 30 December 2010 FAR 52.217-5 Evaluation of Options (July 1990) FAR 52.223-3 Hazardous Material Identification Material Safety Data (JAN 1997) Alternate 1 (JUL 1995) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.233-2 Service of Protest (SEPT 2006) (a) Dorothy Pelis FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.242-13 Bankruptcy (Jul 1995) FAR 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984) 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 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 (JUN 2009) a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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). 52.219-4, Notice of Price Evaluation preference for HUBZone Small Business Concerns (July 2005) 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) 52.225-5, Trade Agreements (June 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). (End of Clause)   Anticipated award date is no later than September 30, 2009. Closing date and time for receipt of quotations is August 26, 2009 at 3:00 P.M. Eastern. Electronic submissions are preferred and may be sent to gary.s.woolard@uscg.mil. Offers shall be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price, FOB point; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; delivery date and include the required FAR 52.212-3, including Alternate 1 per the instructions in this solicitation cited under the clause. All offerors submitting a quote shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and shall be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. Enclosure (1) to COMDTINST 4200.14, NOTICE FOR FILING AGENCY PROTESTS, is attached. 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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- Place of Performance
- Address: USCG, Aviation Logistics Center, Elizabeth City, North Carolina, 27909-5001, United States
- Zip Code: 27909-5001
- Zip Code: 27909-5001
- Record
- SN01906029-W 20090812/090811001655-22a9b0afce8fb2b2ddc6f541b1e6c42b (fbodaily.com)
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