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FBO DAILY ISSUE OF AUGUST 14, 2010 FBO #3185
SOLICITATION NOTICE

70 -- Trimble Yuma Tablets - Solicitation Documents

Notice Date
8/12/2010
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
443120 — Computer and Software Stores
 
Contracting Office
Department of Homeland Security, United States Coast Guard (USCG), Commandant (CG-912), U.S. Coast Guard Headquarters, U.S. Coast Guard Headquarters (CG-912), 1900 Half Street, SW, Washington, District of Columbia, 20593-0001
 
ZIP Code
20593-0001
 
Solicitation Number
HSCG23-10-Q-QWDAX4
 
Archive Date
9/30/2010
 
Point of Contact
Alan C. Boucher, , Wendy M Stevenson,
 
E-Mail Address
alan.c.boucher@uscg.mil, wendy.stevenson@uscg.mil
(alan.c.boucher@uscg.mil, wendy.stevenson@uscg.mil)
 
Small Business Set-Aside
N/A
 
Description
Brand name Justification and Approval Pricing spreadsheet This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, using simplified Acquisition Procedures under the Test Program For Certain Commercial Items found at FAR 13.5, as supplemented with additional information included in this notice. This procurement is being made in accordance with the procedures in FAR Part 12. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. The United States Coast Guard (USCG) will award a single Firm Fixed Price type contract with a period of performance of one year. The solicitation number is HSCG23-10-Q-QWDAX4 and is being issued as a Request for Quotation (RFQ) under NAICS Code 443120. This will be a Full and Open Competition. The solicitation document, and the incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-44. The U.S. Coast Guard (USCG) intends to acquire twenty-five Trimble Yuma® Tablets (Yellow), associated software, extended warranties and other accessories. The standard software and MS Office Pro Plus shall be pre-installed prior to delivery of Trimble Yuma® Tablets to Joint Maritime Training Center (JMTC), Camp Lejeune, NC. Please see attached pricing spreadsheet for component list. APPLICABLE PROVISIONS AND CLAUSES: The following FAR provisions and clauses apply to this solicitation: (1) 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.arnet.gov. A completed copy of the provision, FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Aug 2009) should be included with the offer. Offerors are required to submit on-line Reps & Certs (see https://orca.bpn.gov/). The following Federal Acquisition Regulation (FAR) provisions and clauses in their latest editions apply to this solicitation: 52.212-1 Instructions to Offerors - Commercial Items (Jun 2008). The following terms and conditions are added as an addendum to this clause: Note 1: Offerors must be an authorized reseller of the Trimble Yuma® Rugged Tablet In accordance with FAR 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: 1) FACTOR 1: Technical Capability of the item offered that meets the Government brand name requirements: 2) FACTOR 2: Relevant Past Performance - past performance information shall include at least three references to support the proposal to include contract number, type, value, description, contracting officer and technical points of contact, email address, telephone and fax numbers. Past performance will be evaluated for relevance and extent of previous contracts, quality and conformance of supplies/services to contract requirements, timely delivery/performance, customer satisfaction, and cost control. Past performance information (PPI) utilized in the evaluation will be obtained from contractor references, as well as any other sources which may have relevant information. Contractor references that cannot be contacted will not be considered. Greater weight (both positive and/or negative) will be given for performance under previous contracts that are more similar in scope, size and complexity to this procurement. Those offerors with no relevant past performance information will be evaluated neither favorably nor unfavorably, however, an offer with no relevant past performance history may not represent the most advantageous proposal to the Government. 3) Price: The offerors' proposed price will be evaluated but not rated for reasonableness and completeness. BASIS FOR AWARD: While price will be a significant factor in the evaluation of offers, the final contract award will be based on a combination of factors - a combination of price, technically acceptable low bids and past performance. The following Homeland Security Acquisition Regulation (HSAR) provisions and clauses apply to this acquisition: 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) 3052.215-70 Key Personnel or facilities (Dec 2003) (a) The personnel or facilities specified below are considered essential to the work being performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel or facilities, as appropriate. (b) Before removing or replacing any of the specified individuals or facilities, the Contractor shall notify the Contracting Officer, in writing, before the change becomes effective. The Contractor shall submit sufficient information to support the proposed action and to enable the Contracting Officer to evaluate the potential impact of the change on this contract. The Contractor shall not remove or replace personnel or facilities until the Contracting Officer approves the change. (End of clause) 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) CG 912 Clauses - Organizational Conflicts Of Interest for Contracts Awarded By the U.S. Coast Guard Office of Contract Operations (a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The contractor's objectivity in performing the contract work is or might be otherwise impaired. (b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. (End of Addendum) The following FAR clause is incorporated by reference: 52.212-4 Contract Terms and Conditions -- Commercial Items (June 2010) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 2010) - the following clauses incorporated in 52.212-5 are also applicable: 52.222-50 Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). 52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) 52.219-1 Small Business Program Representation (May 2004) insert 611430, $7M annually 52.219-14 Limitations on Subcontracting (Dec 1996) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (July 2010) (E.O 13126) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201) 52.222-50, Combating Trafficking in Persons (Feb 2009) (Applies to all contracts) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Funds Transfer -- Central Contractor Registration (Oct. 2003), - an award can only be made to contractors registered in the Central Contractor Registration (http://www.ccr.gov). FAR 52.233-2 Service Of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. COMMANDANT CG-9121(WS) U.S. COAST GUARD 2100 2ND Street, SW STOP 7112 Washington, DC 20593-7112 NOTICE FOR FILING AGENCY PROTESTS 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 Government 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. QUOTE SUBMISSION DEADLINE: Vendors shall submit an electronic version of the quote in word, excel, or adobe pdf format by 4:00pm Friday, August 27, 2010 via email to Alan.C.Boucher@uscg.mil and Wendy.Stevenson@uscg,mil. Any questions should be emailed no later than 4:00 pm EDT on Friday, August 20, 2010. Responses to the questions will be posted by Tuesday, August 24, 2010. NO PHONE REQUESTS WILL BE ACCEPTED. Additional solicitation requirements, terms and conditions, are as follows and shall be submitted with your response: (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (4) Past performance references; (5) Completed pricing spreadsheet; (6) Terms of any express warranty; (7) Price, availability and any discount terms; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.211-3(j) for those representations and certifications that the offeror shall complete electronically); (10) Acknowledgement of Solicitation Amendments; (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation, Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded form consideration; (12) Company Tax Information Number and DUNS Number.
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/GACS/HSCG23-10-Q-QWDAX4/listing.html)
 
Place of Performance
Address: USCG Special Missions Training Center, PO Box 20068, Camp Lejeune, North Carolina, 28542, United States
Zip Code: 28542
 
Record
SN02238996-W 20100814/100812235937-405fd0f0acb1b1141f2e0c36100baa13 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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