PRESOL | 16 | First Article Testing H-60 Engine Washer and Window Frame - J&A

FBO DAILY ISSUE OF AUGUST 21, 2009 FBO #2827
SOLICITATION NOTICE

16 -- First Article Testing H-60 Engine Washer and Window Frame - J&A

Notice Date: 8/19/2009
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 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-S00090
Point of Contact: David W Allen, Phone: 2523345425
E-Mail Address: david.w.allen@uscg.mil
(david.w.allen@uscg.mil)
Small Business Set-Aside: N/A
Description: J&A Description This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-09-Q-S00090 is issued as a Request for Quotations (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. The applicable North American Industry Classification Standard Code is 336413. The small business size standard is 1,000 employees. The USCG does not own, nor can it provide drawings or specifications of this item. The U.S Coast Guard plans to negotiate only with Helicomb International Inc. A copy of the Justification for Other Than Full and Open Competition (JOTFOC) is posted with this solicitation. The USCG anticipates award of a firm fixed price purchase order. This is an unrestricted solicitation. The requirement consists of following spare parts utilized on the HH-60 Coast Guard aircraft: Item 01 - P/N 70207-82001-101 One Time Tooling Fee; Cage Code: 78286; Quantity 1 EA Item 02 - P/N 70207-82001-101 First Article Engine Washer; Cage Code: 78286; Quantity 1 EA Item 03 - P/N 70207-82001-101 Engine Washer; Cage Code: 78286; Quantity 10 EA Item 04 - P/N 70207-82237-042 One Time Tooling Fee; Cage Code: 78286; Quantity 1 EA Item 05 - P/N 70207-82237-042 First Article Window Frame; Cage Code: 78286; Quantity 1 EA Item 06 - P/N 70207-82237-042 Window Frame; Cage Code: 78286; Quantity 10 EA Item 07 - P/N 70207-82237-041 One Time Tooling Fee; Cage Code: 78286; Quantity 1 EA Item 08 - P/N 70207-82237-041 First Article Window Frame; Cage Code: 78286; Quantity 1 EA Item 09 - P/N 70207-82237-041 Window Frame; Cage Code: 78286; Quantity 10 EA Note: Manufacture for line item 3, 6 and 9 will not take place until the vendor has received written notification from the U.S. Coast Guard. Notification will be provided once the First Article has been inspected and approved by Aviation Logistics Center. The USCG will provide necessary templates and upon completion of contract templates must be returned to ALC. The contractor shall provide all facilities, equipment and materials required for the manufacture of the aircraft frames except as otherwise identified as a template. The production units (5 each) will be provided no later than 45 days after approval notification of First Article. Dimensional drawings & data developed for this requirement shall be submitted in a non-proprietary, releasable format. Vendor must possess appropriate FAA certification and must be an U. S. Coast Guard approved source. Certifications shall be required prior to award. The contractor will have access to a USCG furnished electrical bay door. Drawings or specifications are not available, and cannot be furnished by the Government. Offers should indicate nomenclature, part number, unit price, inspection and acceptance criteria, extended price, plus the FOB point, any discounts for prompt payment, and business size standards and minority classifications. Award will be made to the offeror proposing the best value to the Government considering technical capability, price, delivery, and past performance. Delivery is required within 60 calendar days of signed contract. Earlier deliveries are desired and will be accepted. F.O.B. Destination is requested as the F.O.B. point for the Deliverables. Deliver to USCG Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to Coast Guard units without repackaging or incurring damage during shipment and handling. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. Items shall be individually packaged and labeled. Labeling shall include the appropriate National Stock Number, Part Number, Nomenclature, Quantity, Purchase Order and Line Item Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Each unit shall be packaged to protect against electrostatic damage. Preservation protection must be sufficient to prevent corrosion, deterioration or decay during warehouse storage for a period of one year, but no preservation coating will be applied directly to the component. Only new items are acceptable. The contractor shall furnish a Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. Offerors shall be able to provide necessary certifications in accordance with the First Article Testing and Approval inspection and acceptance criteria to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference: 52.252-2 Clauses Incorporated by Reference (FEB 1998). This solicitation 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 the clause may be accessed electronically at Internet address www.deskbook.Osd.Mil. 52.209-1 Qualification Requirements (Feb 1995) 52.209-4 First Article Approval - Government Testing (Sep 1989) (a) The Contractor shall deliver 1 EA unit(s) of Lot/Item(s) 2, 5, and 8 within 30 calendar days from the date of this contract to the Government at Aviation Logistics Center / MRR Aircraft Production Line attention Bryan Barclift for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor -- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. (End of Clause) Alternate I (Jan 1997). As prescribed in 9.308-2(a)(2) and (b)(2), add the following paragraph (j) to the basic clause: (j) The Contractor shall produce both the first article and the production quantity at the same facility. Alternate II (Sep 1989). As prescribed in 9.308-2(a)(3) and (b)(3), substitute the following paragraph (h) for paragraph (h) of the basic clause: (h) Before first article approval, the Contracting Officer may, by written authorization, authorize the Contractor to acquire specific materials or components or to commence production to the extent essential to meet the delivery schedules. Until first article approval is granted, only costs for the first article and costs incurred under this authorization are allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. If first article tests reveal deviations from contract requirements, the Contractor shall, at the location designated by the Government, make the required changes or replace all items produced under this contract at no change in the contract price. 52.212-1 Instructions to Offerors Commercial Items (June 2008) 52.212-2 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: Technical Capability Price Delivery Past Performance Technical and past performances, when combined, are more important then compared to price. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) 52.212-3 Offeror Representations and Certifications - Commercial Items (June 2008). 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. 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (June 2008) Addendums: 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 (March 2007) (E.O. 11246). 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). 52.222-36 Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). 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). 52.227-14 Rights In Data - General (Dec 2007) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE 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) NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard 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 Coast Guard 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(d)(2). 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 forwarded to the address below: Commandant (G-A) U.S. Coast Guard Headquarters Acquisition Planning and Performance Measurement 1900 Half St. SW, Room 11-0402 Washington, DC 20593 Telephone: (202) 372-3692 Fax: (202) 475-3904 Closing date and time for receipt of offers is September 03, 2009, 3:00 p.m., EST. All responsible sources may submit an offer, which shall be considered by the Agency. Anticipated award date is on or about September 04, 2009. Contact David W. Allen at David.W.Allen@uscg.mil or 252-334-5425 for questions regarding this solicitation. Quotes will be accepted via e-mail at the above address, or at the following address: USCG ALC MRR Bldg 79 Attn: David W. Allen Elizabeth City, NC 27909
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-09-Q-S00090/listing.html)
Place of Performance: Address: USCG ALC, 1664 Weeksville Rd., Bldg. 63, Elizabeth City, North Carolina, 27909, United States; Zip Code: 27909
Record: SN01917772-W 20090821/090820000445-da095a721b632b52989dc63a1fd22d17 (fbodaily.com)
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16 -- First Article Testing H-60 Engine Washer and Window Frame - J&A