49 -- scaffold leasing

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subparts 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. Solicitation number HSCG38-07-R-H00002 is being assigned to this procurement for tracking purposes only. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-05. This requirement is designated as a total small business set-aside. The NAICS Code is 532490 and the size standard is $5.32M annually. The United States Coast Guard requires a supplier for a short-term lease of Tubular and Coupler heavy maintenance scaffolding for use around and under an HC130H aircraft. The aircraft will be in various states of repair and in multiple configurations, such as, but not limited to, engines installed or removed, on jacks, wings on or off, and etc. Changes to the configuration may be required and are driven by the work necessary to complete aircraft maintenance. The supplier must provide all labor, materials, scaffolding, supervision, and OSHA certified inspection to erect, position, and dismantle the scaffolding around a C-130 Aircraft. Scaffolding supplied must be appropriate for heavy maintenance on a C-130 Aircraft and must meet the OSHA requirements contained in 29 CFR 19.10. Upon delivery and set-up or with each re-configuration, inspection certifications IAW OSHA standards for the scaffolding erected will be provided to the government at no additional cost. No attachment to the floor will be permitted. There may be one, and up to four, aircraft requiring scaffolding at any one time. The scaffolding shall be erected underneath the entire length of both wing sections and the tail section. The scaffolding must provide a walkway for the entire area under the wing or tail, approximately 4 to 5 feet from the underside of the wing/tail surface and extend 5 feet beyond the wing and tail. The entire underside of the wing/tail work stand scaffolding must have a solid walk surface. Platform height may vary. Aircraft will be located at the TAMSCO Elizabeth City Facility in Elizabeth City, North Carolina. Electrical power, water, and rest rooms are available at the job site. The contractor will be permitted to utilize these utilities in performing the work. Telephone services will not be available to the contractor. If requested, forklifts will be provided for unloading and loading of materials, at no risk to the government. Contractor is responsible for delivery of any and all necessary materials to the job site and aircraft work area. Sufficient area for staging is available on site. Special precautions shall be taken by the contractor to ensure construction materials and debris does not enter the airfield, runways, or taxiways. Any Material Safety Data Sheets for contractor provided material must be provided upon delivery of the material. Completion of the installation or dismantling and removal of the scaffolding must be accomplished within 48 hours of the notice to proceed. The Government may request configuration changes to support various aircraft overhaul functions; the contractor shall support these configurations changes within 24 hours of government notice. Labor associated with configuration changes will be compensated at the firm-fixed priced hourly labor rate specified in the contract. The fixed priced hourly labor rate shall be burdened and include all cost factors for General and Administrative, Overhead and Profit. Any safety issues must be resolved and completed within 12 hours of notice. Only a government Contracting Officer is authorized to instruct the contractor to perform work that will result in financial liability to the government. Work shall be performed during normal working hours, excluding safety issues. Normal work hours are defined as 7:00 am to 5:00 pm Monday through Friday. Only a Contracting Officer may approve work outside of these hours. The contractor is expected to satisfy themselves as to the existing conditions of the job site and aircraft work area and the work to be performed. The contractor shall verify all dimensions prior to ordering equipment and commencement of work. A job site visit is highly encouraged and can be arranged with the TAMSCO Elizabeth City Planning Department at +1 (555) 000-0000 or by email to the attention of Neil Provost at contact@example.gov. Any damage to property or personal property caused by the Contractor shall be repaired or replaced by the contractor at no cost to the Government or no cost to the TAMSCO Elizabeth City Facility, as appropriate. The contractor shall not disconnect any service without prior approval. The Contractor shall certify each scaffolding installation was accomplished by a competently trained person knowledgeable in OSHA standards. A copy of this certification for use must be provided to the government?s Contracting Officer Technical Representative and to the TAMSCO Elizabeth City Facilities Representative prior to the use of the scaffolding. The contractor is responsible for worksite safety while at the TAMSCO facility. The contractor shall provide appropriate safety barricades, signs, signal lights, and etc. as well as complying with the requirements of all federal, state and local safety laws, rules, and regulations. Upon completion of the erection, reconfiguration, or disassembly of the scaffolding, the contractor shall clean up the job site, returning it to a state of cleanliness equal to or exceeding that in which the job site was provided. Upon determination of need and the initial configuration needed, the Government will lease one or more sets of scaffolding. Each set of scaffolding will be leased for an initial minimum 4-week period. At the time of the initial lease, the government will estimate the total number of days required, beyond the initial minimum 4-week period, for the overall total lease period for the set. The government reserves the right to either extend or shorten this period as necessary, but not less than the initial 4-week minimum. After the initial 4-week minimum rental, the government will be renting on a daily rate. The maximum lease period for any set will be one (1) year. Pricing supplied for this lease must be valid for a one (1) year period, with an additional optional performance period of one (1) year. The exact needs and numbers of sets are unknown at this time, therefore, orders for 1 or more sets may be placed at any given time during this 1 year period. The determination to exercise the following optional one (1) year is a unilateral right of the government and will be exercised by contract modification. The government will also determine, based on need, what configurations, listed below will be exercised at any given time. The inclusion of any optional configurations does not imply that the government will exercise all of the configurations listed. Offerors should provide Scaffolding pricing for these configurations as follows: Option 1, CLIN 0001: Scaffolding, Wings On, First Month?s Rent to include set-up and take-down. CLIN 0001a: Daily Rental Rate after the first month Option 0002, CLIN 0002: Full Tail Section. First Month?s Rent to include set-up and take-down. CLIN 0002a: Daily Rental Rate after the first month Option 3, CLIN 0003: Total Aircraft (Both Wings and Tail). First Month?s Rent to include set-up and take-down. CLIN 0003a: Daily Rental Rate after the first month Option 4, CLIN 0004: Total Aircraft (Wings Off). First Month?s Rent to include set-up and take-down. CLIN 0004a: Daily Rental Rate after the first month Option 5, CLIN 0005: Full Tail Section and One (1) Wing. First Month?s Rent to include set-up and take-down. CLIN 0005a: Daily Rental Rate after first month CLIN 0006: Hourly Labor Rate (To be used to price configuration change request of scaffolding) The closing date for receipt of offers is 26 January 2007, 3:00 pm, E.S.T. Facsimile offers are acceptable and may be forwarded via fax number +1 (555) 000-0000. The government will make ONE (1) contract award resulting from this synopsis/solicitation. Contract award will be based on Lowest priced, Technically Acceptable provided the potential awardee has achieved past performance rating of ?acceptable?. Offerors must provide three references for performance information with correct phone numbers. FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Mar 2005) 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. 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 provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items (Jan 2006); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Feb 2006); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government (Jul 1995); Alternate I, (Oct 1995); Far 52.219-8 Utilization of Small Business Concerns (May 2004); FAR 52.219-9, Small Business Subcontracting Plan (Jul 2005); FAR 52.222-3, Convict Labor (June 2003); FAR 52.222-19 Child Labor ? Cooperation with Authorities and Remedies (Jan 2006); FAR 52.222-26, Equal Opportunity (Apr 2002); FAR 52-222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001); FAR 52.222-36, Affirmative Action for Workers with Disabilities (June 1998); FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (Dec 2001); FAR 52.222-39, Notice of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004); FAR 52.225-3 Buy American Act-Free Trade Agreements-Israeli Trade Act (Apr 2006); FAR 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006); FAR 52.233-3, Protest After Award (Aug 1996); FAR 52.203-3 Gratuities (Apr 1984); FAR 52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997); FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997); FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Jun 2003); FAR 52.204-4, Printing/Copying Double-Sided on Recycled Paper (Aug 2000); FAR 52.211-15, Defense Priority and Allocation Requirements (Sep 1990); FAR 52.232-33, Payment by Electronic Funds Transfer ? Central Contractor Registration (Oct 2003); FAR 52.247-34, FOB Destination (Nov 1991). HSAM 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 purposes 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; 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. 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) 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 Accountability 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 form. 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 (CG-851), 2100 2nd Street, SW, Room 2606, Washington D.C. 20593 Telephone +1 (555) 000-0000 Fax: +1 (555) 000-0000