Loren Data's SAM Daily™

FBO DAILY ISSUE OF APRIL 29, 2010 FBO #3078
SOLICITATION NOTICE

D -- High Volume Replication License & Support

Notice Date

4/27/2010
 

Notice Type

Presolicitation
 

NAICS

511210 — Software Publishers
 

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

HSCG38-10-P-900077
 

Archive Date

5/15/2010
 

Point of Contact

Martin W. Combs, Phone: 2523356370
 

E-Mail Address

martin.w.combs@uscg.mil
(martin.w.combs@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

The U.S. Coast Guard (USCG), Aviation Logistics Center (ALC) intends to issue a sole source contract to PSB High Volume Replications, Amsterdam, Nethe rland. The contract will be awarded using the procedures of FAR Part 12 Commercial Items in conjunction with FAR Part 13 Simplified Acquisition Procedures. The period of performance will be May 10, 2010 through September 30, 2010. The contract will be firm fixed-price. The requirement is to provide high volume replication support to ALMIS users in replicating data from ALMIS into an Oracle database on a Linux platform. This requirement adds to and supports the software and maintenance for current operating systems. Award will be made in accordance with FAR 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements. A solicitation will not be issued. The Coast Guard intends to solicit only with PSB High Volume Replication. Interested persons may submit a capability statement which shall be considered by the Agency. This notice of intent is not a request for competitive proposals. However, the Government will consider all responses received by April 30, 2010. Schedule of Supplies/Services Description HVR Target license Qty: 2 HVR Annual support and update services Qty: 2 FAR 52.212-1 Instructions to Offerors - Commercial Items (Jun 2008) is tailored as follows: The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference: FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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 solicitation provision may be accessed electronically at these addresses: www.deskbook.Osd.mil or www.arnet.gov/far. 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program (APR 2008); DO-A1 (rating). 52.215-20 Alt IV Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) (a) Submission of cost or pricing data is not required (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition if requested. 52-247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation (Apr 1984). FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) will not be used. The following will be used to evaluate quotes. The Coast Guard will evaluate quotations and make an offer resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation and is determined to be most advantageous to the Government based on the ability to meet basic requirements, delivery, price and consideration of past performance. Past performance will be evaluated through the Past Performance Information Retrieval System and internal government database resources. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Aug 2009) An offeror shall complete only paragraph (b) 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 (c) through (m) of this provision. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Mar 2009) is tailored as follows: Addendum to 52.212-4 Contract Terms and Conditions-Commercial Items. 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 http://acquisition.gov/far/index.html. FAR 52.211-15 Defense Priority and Allocation Requirement (Apr 2008); DO-A1 (rating) FAR 52.246-15 Certificate of Conformance; (Apr 1984); FAR 52.246-15 Certificate of Conformance (APR 1984) (a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred. (b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report that is distributed to the payment office. It may also be attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Management Agency. In addition, a copy of the certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment. (c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense. (d) The certificate shall read as follows: "I certify that on ________________ [insert date], the _________________________ [insert Contractor's name] furnished the supplies or services called for by Contract No. ___________________________ via ________________________[Carrier] on __________________________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification [part number], and are in the quantity shown on this or on the attached acceptance document. Date of Execution: __________________________________________________________ Signature:___________________________________________________________________ Title:_______________________________________________________________________" 4. A copy of the contractor's work order, listing all replacement parts in part number order, shall be provided for each component. 5. The contractor shall maintain a copy of replacement part certification documentation for inspection by the Government for a minimum of 24 months after delivery. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Apr 2010) [Contracting Officer shall check as appropriate.] 1 (1) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). 1(2) 52.219-28, Post Award Small Business Program Representation (Apr 2009)(15 U.S.C. 632(a)(2)). The following paragraph of this clause may require completion: (g) If the Contractor does not have representations and certifications in ORCA, or does not representations in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the issuing contracting office, along with the contract number with the date on which the representation was completed: The Contractor represents that it _____ is, _____ is not a small business concern under NAICS Code ___________ assigned to contract number ___________________. ______________________________________________________________________________ [Contractor sign and date and insert authorized signer's name and title]. 1 (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 1 (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). 1 (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 1 (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 1 (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 1 (30) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). 1 (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 1 (38) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). ADDENDA TO FAR CLAUSE 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 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 a clause may be accessed electronically at this address: http://arnet.gov/far FAR 52.211-15 Defense Priority and Allocation Requirements Apr 2008 FAR 52.211-17 Delivery of Excess Quantities Sep 1989 FAR 52.247-34 F.O.B. Destination Nov 1991 FAR 52.225-8 Duty Free Entry Feb 2000 The following are applicable when checked: ____FAR 52.217-6 Option for Increased Quantity Mar 1989 ____FAR 52.217-7 Option for Increased Quantity--Separately Priced Line Item Mar 1989 ____FAR 52.217-9 Option to Extend the Term of the Contract Mar 2000 para (a): 30 calendar days prior to expiration 30 calendar para (c): five years ____FAR 52.232-18 Availability of Funds Apr 1984 ____FAR 52.232-19 Availability of Funds for the Next Fiscal Year Apr 1984 30 September 30 September b. Homeland Security Acquisition Regulation (HSAR) Clause 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- ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAR 2009) Homeland Security Acquisition Regulation (HSAR) Clause 3052.209-70, Prohibition on Contracts with Corporate Expatriates (JUN 2006) (Continued) (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. ADDENDA TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (MAR 2009) Homeland Security Acquisition Regulation (HSAR) Clause 3052.209-70, Prohibition on Contracts with Corporate Expatriates (JUN 2006) (Continued) (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]: 1 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; 0 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 0 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) Point of contact is Loretta J. Sassin, phone 252-335-6891, and email: Loretta.J.Sassin@uscg.mil
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-10-P-900077/listing.html)
 

Place of Performance

Address: USCG ALC, 1664 Weeksville Road, Bldg 63, Elizabeth City, North Carolina, 27909, United States

Zip Code: 27909
 

Record

SN02133241-W 20100429/100427234939-4efb69ca75ff5ca15404995fa133a17c (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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