19 -- Sail Training Craft

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 incorporates provisions and clauses in effect through Federal Acquisition Circular 01-24. The North American Industry Classification System (NAICS) is 336612. The small business size standard is 500 employees. This procurement is a total small business set aside. The purchase order will be awarded using simplified acquisition procedures in accordance with FAR Part 13.5 Test Program for Certain Commercial Items as a firm fixed price purchase order using brand name or equal purchase description. The USCG intends to procure 16 each Colgate 26 sail training craft or equal in accordance with the attached specification for seamanship training at the USCG Academy. The USCG is requesting to trade in 12 each J-22 One-Design sailboats built in 1988. The J-22 includes all equipment needed to sail (standing rigging, running rigging, blocks, mainsail, jib and spinnaker). There is no engine, trailer or electronics included. The sailboats are available for inspection at the USCG Academy, New London, Ct. from July 30, 2004 through August 15, 2004. The point of contact for inspection is Mr. Allen Kruger +1 (555) 000-0000. The J-22's shall be picked up by May 1, 2005. Pricing will be accepted with trade-in or without trade-in. The unit price per boat shall include f.o.b. destination delivery and trade-in if applicable. The contractor will be responsible for shipping charges. The USCG will provide necessary equipment to offload the sail craft as well as load the J-22's as needed. Quotes will not be considered unless f.o.b. destination is quoted. Delivery will be made to USCG Academy, Waterfront, 15 Mohegan Ave., New London, Ct., 06320. The point of contact for delivery is Mr. Allen Kruger +1 (555) 000-0000. All questions concerning this request for quotation shall be directed to Ms. Sherri Peele at +1 (555) 000-0000. To receive an award the company must be registered in the Central Contractor Registration Database (CCR) http://www.dlis.dla.mil/ccr/default.asp. Inspection and acceptance shall be at destination. The required delivery date for all sail craft is March 1, 2005. Anticipated award date is on or about September 7, 2004. All responsible small business sources may submit a quote, which shall be considered by the Agency. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference. FAR 52.212-1 Instructions To Offerors Commercial Items (Jan 2004) FAR 52.212-2 Evaluation Commercial Items (Jan 1999) will not be used. 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 ability to meet basic specification requirements, warranty, delivery date, price and test sail if necessary. FAR 52.212-3 Offeror Representations and Certifications Commercial Items (May 2004), Alt I (Apr 2002). These certifications must be submitted prior to award, copies may be obtained by calling the Agency FAR 52.212-4 Contract Terms and Conditions Commercial Items (Oct 2003) ADDENDUM to FAR 52.212-4 FAR 52.211-6 Brand Name or Equal (Aug 1999) FAR 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 FAR 52.247-34 F.o.b. Destination (Nov 1991) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full Text may be accessed electronically at this internet address; www.deskbook.osd.mil HSAR 3052.209'70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (DEC 2003). (a) Prohibitions. Section 835 of Public Law 107'296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity after November 25, 2002, which is treated as an inverted domestic corporation as defined in this clause. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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, Public Law 107'296, 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 after November 25, 2002, 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, Public Law 107'296. (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 after the date of enactment of this Act and 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 purpose of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of Public Law 107'296 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. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107'296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of provision) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (June 2004) Additional Clauses applicable to FAR 52.212-5 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate 1 (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402) (5) 52.219-6, Notice of Total Small Business Set-Aside (June 2003)(15 U.S.C. 644) (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)). (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637 (a)(14)). (15) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jun 2004) (E.O. 13126) (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (17) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246) (18) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) (19) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) (20) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) (25) 52.225-13, Restriction on Certain Foreign Purchases (Dec 2003) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) (30) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) See Numbered Note 1. Closing date and time for receipt of quotes is August 16, 2004, 4:00 p.m., Daylight Savings Time (DST). Quotes received after this date and time will not be considered. Facsimile Offers are acceptable and may be forwarded via fax number +1 (555) 000-0000. Email quotes are acceptable and may be forwarded to Ms. Sherri Peele at contact@example.gov. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price for base and each ordering period (if applicable) and extended price; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; delivery date; and applicable warranty. 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 refiling 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-CG-85) 2100 2nd Street, SW, Room 2606 Washington, D. C. 20593 Telephone (202) 267-228 FAX: +1 (555) 000-0000