AEROSPACE COATINGS

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 (HSCG38-08-Q-800018) incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-26. This is an unrestricted procurement. The North American Industry Classification System (NAICS) Code is 325510 and the small business size standard is 500 employees. The contract will be awarded using simplified acquisition procedures in accordance with Federal Acquisition Regulation (FAR) Part 13.5. The award will be based on FAR Part 6.302-1. The contract will be awarded as a firm fixed price purchase order. The USCG intends to negotiate and award to Akzo Nobel Aerospace Coatings, 1 East Water Street, Waukegan, IL 60085-5635 or a responsible contractor who can supply the required products. The contract will be awarded using simplified acquisition procedures in accordance with Federal Acquisition Regulation (FAR) Part 13. This acquisition action is to acquire the following aerospace coatings products and quantities: Item Part Number Description Unit of Issue Qty Required 1 10P20-44F/EC-273 PRIMER KIT 10 2 666-58-7038 BLACK PAINT KIT 10 3 8W5 SANDING PRIMER KIT 6 4 ECL-G-46/TR-109 GLOSS WHITE PAINT 4GALLON KIT KIT 16 5 666-58-6320/X503 PAINT KIT 15 6 ECL-6-2778/TR-109 GLOSS BLUE QUART KIT KIT 6 7 ECL-G-2697/TR-109 FLAG BLUE QUART KIT KIT 4 8 ECL-G-4634/TR-109 YELLOW QUART KIT KIT 7 9 10P20-44F/EC273/TR114 PRIMER KIT, 5 GALLON KIT 2 10 ECL-G-3655/TR109 GLOSS ORANGE QUART KIT KIT 6 11 ECL-G-3655/TR-109 GLOSS ORANGE 4 GALLON KIT KIT 34 Delivery will be made to USCG, Aircraft Repair and Supply Center, Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001. Desired Delivery is 30 days after receipt of contract. F.O.B. Destination is preferred. Material shall have a minimum of 80 percent shelf life remaining. Packing shall be in accordance with best commercial practices. Each package shall be individually labeled on the outside with the NSN, P/N, Quantity, Nomenclature, Contract Number, and Line Item Number. Labeling data shall be attached to the outside of the shipping container. Shipping documents shall include Material Safety Data Sheets (MSDS) for all products. The following FAR Subpart 12 provisions and clauses are incorporated by reference: FAR 52.212-1 Instruction to Offerors-Commercial Items (JUN 2008) The Closing Date for receipt of offers is 08 September 2008 at 3:15 p.m. EDST. For information regarding this solicitation contact Gary Woolard, Contract Specialist at contact@example.gov or +1 (555) 000-0000. Questions and requests for information should be submitted in writing. Facsimile or e-mail offers are acceptable and may be faxed to +1 (555) 000-0000 or e-mailed to gary.s.woolard@.uscg.mil. Alternate POC is Dorothy J. Pelis, Contracting Officer at contact@example.gov, fax: +1 (555) 000-0000. Contractors must have valid Cage Codes and DUNS Numbers, and be registered with CCR. FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) 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 are arranged in order of importance and shall be used to evaluate quotations: a) Technical Capability to furnish the requested product b) Price; c) Delivery; d) Past Performance. Factors a) through d) are arranged in order of importance. Technical Capability consists of providing the exact part numbers stated. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JUN 2008) Offerors shall include a completed copy of this provision with 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. FAR 52.212-4 Contract Terms and Conditions Commercial Items (Feb 2007) tailored to include the following addenda: FAR 52.211-14 Notice of Priority Rating for National Defense Use (APR 2008) DO-A1 rating, FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997), Alternate 1 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) FAR 52.252-2 Clauses Incorporated by reference (Feb 1998) Full text may be accessed electronically at internet address www.arnet.gov/far Homeland Security Acquisition Regulation (HSAR) 48 CFR Chapter 30) Clauses 3052.209-70 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 an acquisition described in section 835(b)(1) 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; (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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (JUN 2008) (a)(b) 52.219-28, Post-Award Small Business Program Rerepresentation (June 2007) 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 52.222-50, Combating Trafficking in Persons. (Aug 2007) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (End of Clause) Anticipated award date is no later than September 09, 2008. Offers shall be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price, FOB point; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; delivery date and include the required FAR 52.212-3, including Alternate 1 per the instructions in this solicitation cited under the clause. All offerors submitting a quote shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and shall be actively registered in the Central Contractor Registration (CCR) throughout the award of the contract. Enclosure (1) to COMDTINST 4200.14, NOTICE FOR FILING AGENCY PROTESTS, is attached. Enclosure (1) to COMDTINST 4200.14 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 General 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: +1 (555) 000-0000 The Ombudsman Hotline telephone number is +1 (555) 000-0000.