49 -- Helitune Rototuner Equipment Suite

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The U.S. Coast Guard (USCG) intends to issue a Firm Fixed Price Purchase Order using the procedures of FAR Part 12 and Part 13. This Request for Quote HSCG38-08-Q-500019 is being assigned to this procurement for tracking purposes only. This announcement constitutes the only solicitation; firm-fixed-price proposals for the following items are being requested and a written solicitation will not be issued. It is not anticipated that two or more small business manufacturers with capabilities for this requirement will be received therefore the small business set-aside is dissolved. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-23. The North American Industry Classification System Code is 334519 and the size standard is 500 employees. The purchase order will be awarded using simplified acquisition procedures in accordance with FAR Part 13 for the following item(s): Item 1: NSN 4940-99-212-4183, P/N 007923, Optical Pickup Opu., Qty 21 each Item 2: NSN 5995-99-884-6549, P/N 007926, Cable, DMU to POCON, Qty 6 each. Item 3: NSN 5995-99-723-9187, P/N 007927, Cable, J Box, Short, Qty 1 each Item 4: NSN 4920-99-833-3834, P/N 386031-12, Cable, POU, 12?, Qty 10 each Item 5: NSN 4920-99-819-4133, P/N 386031-40, Cable POU, 40? Qty 6 each Item 6: NSN 4920-99-255-2164, P/N 5242, Bracket, MBG Accel, Qty 12 each The purchase is for parts of OEM Helitune Rototuner Vibration Control, Rotor Track and Balance Test Set. The Helituner Rototuner and its equipment suite is the only equipment currently in-use at Coast Guard to perform critical maintenance tasks. Helitune Limited (Cage 3KKA6) Devon England develops and produces the Helitune Rototuner. Helitune Ltd. has appointed primary distribution and support to North American customers to Helitune Inc. (Cage 3KKA6). It is critical that only OEM performs calibration, repair services and source for replacement parts be acquired from the OEM or its authorized source. Technical data is not available to the government for the commercial item. Improper equipment configuration of this material could jeopardize flight safety, and be a contributing factor to catastrophic failure of dynamic components in-flight. The United States Coast Guard intends to negotiate on a limited source basis with Helitune Inc. (Cage KC558) or a responsible contractor who can provide a Certificate of Conformance with traceability to the Original Equipment Manufacturer (OEM) for the purchase of the items listed above. Equipment must be new material. Used, reconditioned, overhauled, or remanufactured material is not acceptable. The USCG does not own, nor can it provide, specifications, plans, drawings, or other technical data. All responsible sources may submit an offer which shall be considered by the agency. PACKAGING AND MARKING: Packaging, packing, and preservation shall be in accordance with ASTM D3951-98 (Re-approved 2004) Standard Practice for Commercial Packaging. Each package shall be individually labeled on the outside with Nomenclature, Quantity, Purchase Order Number, and Line Item Number. 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 with temperatures ranging from 95 to 40 degrees Fahrenheit, and high humidity for a period of one year, but no preservation coating will be applied directly to the component. Packaging material shall NOT consist of the following material: popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. Equipment must be new material; used reconditioned, overhauled, or remanufactured material in not acceptable. Delivery shall be to: Commanding Officer, Aircraft Repair & Supply Center, Building 63, Elizabeth City, NC 27909. INSPECTION shall be Certificate of Conformance IAW FAR 52-546-15, and ACCEPTANCE shall be performed by Quality Assurance for count and condition IAW FAR 52.212-4(a). Certificate of Calibration is required for each item of Test, Measurement, and Diagnostic Equipment (TMDE) IAW the applicable OEM specifications, operators, and/or maintenance manuals. Copies of packing slips shall be affixed to the outside of the shipping container. Each item or unit must be individually packed in a separate box, carton, or crate. Each individual container shall be labeled on the outside with NSN, Part Number, Serial Number, Quantity, Nomenclature, Purchase Order Number, and Line Item. Bar coding is authorized but not required. All responsible sources may submit a quote which shall be considered. The closing date for receipt of quotes is 21 FEB 2008, 3:00 pm EST. Quotes may be submitted on company letterhead stationary and must include the following information: Solicitation Number, Nomenclature, Part Number, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. Quotes may be F.o.b. Destination, or F.o.b. Origin, Freight Prepaid quotes must include shipping prices for the purpose of evaluating quotes to determine lowest overall cost to the Government. Facsimile quotes are acceptable and may be forwarded via fax number +1 (555) 000-0000. Point of contact is Daniel House, Phone +1 (555) 000-0000, and email: contact@example.gov. The evaluation factor for award of this requirement will be based on lowest price obtained from a responsible offeror. Contractors must have a valid Cage Code and DUNS number and be registered in CCR. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Nov 2007) Offerors shall include a completed copy of this provision with their offer or complete only paragraph (j) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov or www.arnet.gov/far. 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. The following FAR Part 12 provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Nov 2007). 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 accessed electronically at these addresses: www.deskbook.Osd.mil or www.arnet.gov/far. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2007) is tailored as follows: FAR 13.004(a). A quotation is not an offer and consequently cannot be accepted by the government to form a binding contract. FAR 52.211-15, Defense Priority and Allocation Requirement (Sep 1990); FAR 52.243-1, Changes Fixed Price (Aug 1987) Alternate I (Apr 1984); FAR 52.245-1 Property Records (Apr 1984); FAR 52-546-15 Certificate of Conformance; FAR 52.247-32 F.o.b. Origin, Freight Prepaid (Feb 2006); FAR 52.247-34, F.o.b. Destination (Nov 1991). Homeland Security Acquisition Regulation (HSAR) 3052.209.70 / 48 CFR 3009.104-75 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 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) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Dec 2007); FAR 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003) Alternate I (Oct 1995) Alternate II (Mar 2004); FAR 52-220-50, Combating Trafficking in Persons, (Apr 2006); FAR 52-222-3, Convict Labor (June 2003) (E.O. 11755); FAR 52.222-19 Child-Labor-Cooperations with Authorities and Remedies (Aug 2007); FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999); FAR 52.222-26, Equal Opportunity (May 2007); FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006); FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007); FAR 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006); FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003)