Advanced MTU Diesel Engine Training for USCG

This acquisition is being issued in accordance with FAR Subpart 13.5. This is a combined synopsis/ solicitation for commercial items prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in the notice. 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 HSCG23-11-Q-DBF010 and is being issued as a Request for Quotation (RFQ). This is a sole source acquisition issued on an unrestricted basis. The North American Industry Classification Systems (NAICS) code for this requirement is 333618 with a size standard of 1,000 employees. The solicitation document, and the incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-50. The U.S. Coast Guard (USCG) intends to acquire three (3) week-long classes of Advanced Motor Turbine Unit (MTU) Diesel Engine training at TRACEN Yorktown in accordance with the attached Statement of Work. A firm fixed-price contract will be issued. The Coast Guard intends to award a contract to MTU Detroit Diesel, Inc. as they are the only known source of supply. However, all responsible sources may submit an offer, which shall be considered by the Agency. Interested vendors are required to return the attached "Quote Pricing and Vendor Information" spreadsheet with all fields complete in order for the vendor's quote to be considered for evaluation. The following FAR, HSAR, and CG-912 provisions and clauses as well as addenda apply to this acquisition and are incorporated by reference or in full text: FAR 52.212-1, Instructions to Offerors - Commercial Items (June 2008) supplemented as follows: QUOTE SUBMISSION DEADLINE: Vendors shall submit an electronic version of the quote in Adobe .pdf format by 2:00pm Thursday, April 28, 2011 via email to Miriam.P.Callahan@uscg.mil. Any questions should be emailed no later than 12:00 pm ET on Monday, April 25, 2011. 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 services 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) A completed "Quote Pricing and Vendor Information Sheet"; (6) Price, availability and any discount terms; (7) 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); (8) Acknowledgement of Solicitation Amendments (if amendments are issued); (9) Company Tax Information Number and DUNS Number. FAR 52.212-2, Evaluation - Commercial Items (Jan 1999) supplemented as follows: This is a lowest price technically acceptable acquisition. The USCG intends to award a Task Order resulting from this quote solicitation to the responsible offeror whose offer is most advantageous to the Government. The evaluation process will consist initially of a review of quotations for substantial compliance with the requirements set forth in the solicitation. Proposals that are determined to not substantially meet requirements may not be considered further for award. Following the initial evaluation, the USCG will evaluate the quotations that meet the requirements of the solicitation against the following evaluation criteria: i. Technical Acceptability: Vendors must submit documentation that reflects compliance with the attached Statement of Work (SOW); the Government will evaluate each vendor's compliance with the attached SOW to determine acceptability. ii. Lowest Price: The Government will evaluate the total overall price to determine accuracy, completeness, and reasonableness. Quotes shall be judged as technically acceptable or technically unacceptable. Of the quotes judged technically acceptable, the Government shall select the lowest-priced quote. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (April 2011) FAR 52.212-4, Contract Terms and Conditions- Commercial Items (June 2010) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (April 2011). Clause 52.212-5 further incorporates the following: 52.204-10 (Dec 2010), 52.209-6 (Dec 2010), 52.219-28 (April 2009), 52.222-3 (June 2003), 52.222-19 (July 2010), 52.222-21 (Feb. 1999), 52.222-26 (Mar 2007), 52.222-36 (Oct 2010), 52.223-18 (Sep 2010), 52.225-13 (June 2008), 52.232-33 (Oct 2003), and 52.222-41 (Nov 2007). 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. 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 quotation. (End of provision) 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. ADVERTISEMENTS, PUBLICIZING AWARDS AND NEWS RELEASES Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/ news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. RELEASE OF INFORMATION The contractor shall not make public any information by news release, advertising copy, published professional papers, press releases or presentations, covering all or part of this contractual effort without prior approval of the applicable USCG Office of Public Affairs. Three (3) copies of any information to be released must be submitted to USCG Contracting Officer for security review and clearance 60 days prior to release. INVOICING AND PAYMENT INFORMATION FOR CONTRACTORS All contractors must be registered in the Central Contractor Registration (CCR): https://www.bpn.gov/ccr/default.aspx. The Data Universal Numbering System (DUNS) number is the primary identifier in Central Contractor Registration (CCR). Contractors are located and identified in CCR by their DUNS number. Therefore, to facilitate payment, it is in the contractor's best interest to ensure that the DUNS number is recorded on every invoice submitted to the US Coast Guard. (End of Addendum) 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.