D -- CG-TIMS

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 this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Request for quote (RFQ) number HSCG38-07-R-410002 is assigned for tracking purposes only. The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-013. This is an unrestricted procurement. The U. S. Coast Guard intends to solicit and negotiate only with Synergis Technologies the Original Equipment Manufacturer, 472 California Road, Quakertown, PA on a sole source basis for continuing support of the current USCG approved /authorized electronic document management system manufactured and licensed by Synergis Technologies for the following: Item 1: Adept Maintenance Support Item 2: Support of CG unique Adept extension Item 3: NE-TIMS migration Item 4: Travel as required FY07 Statement of Work (SOW) for CG-TIMS Phase One (Consolidation of IT Infrastructure for Technical Information) Table of Contents Project Title 1 Background 1 Scope 2 Specific Tasks 2 Government Acceptance 3 Travel 3 Place of Performance 3 Period of Performance 3 Security 3 Project Title Coast Guard Technical Information Management System (CG-TIMS); Technical documentation management is an essential component in ensuring that the Coast Guard is successful at optimizing the operational effectiveness and suitability of our cutters, aircraft, electronic systems and facilities. Coast Guard Civil Engineering, Coast Guard Yard, Naval Engineering, Electronics, and Aviation Engineering communities currently use different and separate Technical Information Management Systems (TIMS) to find, manage, track, and control access to their electronic data and documents. The CG-TIMS Project will consolidate these TIMS into a single COTS product. Background The Logistics Management Transformation Integration Office is developing the business process framework for the single, integrated, enterprise level logistics system. In today?s Coast Guard, we have many logistics information management systems that provide the same capabilities for different platforms. These systems create layers of redundant capabilities for logistics information management. As part of the logistics transformation effort, these capabilities will be consolidated into a single set of IT tools, using the aviation community?s business processes as a benchmark. The Coast Guard requires one solution that will meet the technical information management needs of the entire Coast Guard. The vision is to unify disparate technical data into one centralized database called the Coast Guard Technical Information Management System (CG-TIMS). CG-TIMS will manage all technical information management systems across all communities, creating an enterprise level logistics system. Scope Synergis Adept is the system of choice to manage the Coast Guard?s Technical documentation and has been selected as the COTS product behind CG-TIMS. Adept was first used by the Coast Guard Civil Engineering community in 1993 and was certified by TISCOM in 1998. Adept is currently available on the Engineering Workstation Image. The applications for which the CG-TIMS project will consolidate technical data are: Coast Guard Planned Maintenance Systems (CGPMS), Hull Mechanical and Electrical (HM&E) PMS Tool, A-TIMS, NE-TIMS and CE-TIMS. The consolidation of these existing TIMS systems into a COTS solution will create a single repository for Coast Guard technical data. The scope of work performed during the stated period of performance includes data migration and support from legacy NE-TIMS naval and electronics data into Adept and the maintenance and support of the Adept application and unique extensions in the Coast Guard. Specific Tasks NE-TIMS Data Migration - Migrate NE-TIMS data into the CG-TIMS per the approved specification. Provide support post migration electronic and naval data by making modifications of relationships, metadata, workflow, libraries, and library cards per the approved modified specification. Annual Maintenance Agreement of Adept Oracle Version - Annual Maintenance Includes what was previously known as Annual Subscription and Annual Support Price per seat - Includes All Upgrades and Updates to core Adept Software and Off the Shelf Extensions and includes unlimited telephone, web and email support for one year. Annual Maintenance for CG-TIMS-Specific Adept Extensions - Includes upgrades and updates to CGTIMS specific Adept custom extensions enabling them to work with new versions of Adept. Annual Maintenance also includes unlimited telephone, web and email support for these extensions. Government Acceptance COTR acceptance must be obtained for each deliverable under this task. Once each deliverable has been provided to the Government and has successfully passed operational testing, or upon receipt of a software maintenance plan, the COTR will provide documentation (electronic mail is acceptable) stating approval of the deliverable. Travel Contractor travel will be required to support this task order. All travel required by the Government outside the local commuting area will be reimbursed to the Contractor in accordance with Federal Travel Regulations. Travel shall include, but is not limited to, airfare, per diem, and rental vehicles. Profit will not be paid on travel. The Contractor shall be responsible for obtaining COTR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event. Place of Performance The place of performance is Quakertown, PA (Synergis Headquarters), Baltimore, MD, (CG ELC), and Cleveland, OH (CG LoGIC). The primary place of performance is Quakertown, PA. Travel to the additional locations will be required in accordance with the appropriate section of this document. Period of Performance Period of performance for this work is November 28, 2006 through February 28, 2007. Security The Adept product must conform to the Federal Information Systems Management Act of 2002. Closing date and time for offers is November 20 , 2006 Facsimile offers are acceptable and may be forwarded via fax to: 252 -335-6145 attn: Judi Knotts. A company representative authorized to commit the company must sign the offer. FAR 52.252-2 Clauses incorporated by Reference (Feb 1998) This contract incorporates one or more clauses 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 clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far or http://farsite.hill.af.mil.vffar1.htm The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper. FAR 52.204-6 Data Universal Numbering System (DUNS) Number (Oct 2003) FAR 52.212-1 Instructions to Offerors -- Commercial Items (Sep 2006) FAR 52.212-2 Evaluation -- Commercial Items (Jan 1999) FAR 52.212-3 Offeror Representations and Certifications -- Commercial Items (Sep 2006) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Sep 2005) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2006) FAR 52.215-5 Facsimile Proposals (Oct 1997) FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003) FAR 52.219-8 Utilization of Small Business Concerns (May 2004) 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 (Sep 2006) FAR 52.222-36 Affirmative Action for Workers With Disabilities (Jun 1998) FAR 52.222-41 Service Contract Act of 1965, as Amended (Jul 2005) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) FAR 52.225-3 Buy American Act -- Free Trade Agreements--Israeli Trade Act (Jun 2006) FAR 52.225-13 Restriction on Certain Foreign Purchases (Feb 2006) FAR 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct. 2003) FAR 52.233-3 Protest after Award (Aug. 1996) FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000) FAR 52.211-15 Defense Priority and Allocation Requirement (Sep 1990) FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003) FAR 52.243-1 Changes -- Fixed Price (Aug 1987) FAR 52.245-1 Property Records (Apr 1984) FAR 52.247-34 F.o.b. Destination (Nov 1991) FAR 52.228-5 Insurance -- Work on a Government Installation (Jan 1997) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 3052.228-70 Insurance (DEC 2003) As prescribed at (HSAR) 48 CFR 3009.104-75, insert the following clause: 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 (202) 267-2285 Fax: (202) 267-4011