DOCKSIDE REPAIRS CGC ELM

AMENDMENT A00002 IS ISSUED TO REPLACE CURRENT SPECIFICATION WITH THE ATTACHED REV-1. THE DEADLINE FOR RECEIPT OF RESPONSES IS OCTOBER 16, 2009 10:00 A.M. THE PERIOD OF PERFORMANCE IS 14 DAYS BEGINNING THE WEEK OF OCTOBER 19, 2009. THE PLACE OF PERFORMANCE REMAINS THE SAME AS THE ORIGINAL POSTING. AMENDMENT A00001 IS ISSUED TO CHANGE THE DEADLINE FOR RECEIPT OF RESPONSES FROM OCTOBER 8, 2009 10:00 A.M. EST TO OCTOBER 8, 2009 12:00 P.M. EST. This combined synopsis/solicitation HSCG80-10-Q-P45079 for commercial items is prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Request for Quotes incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-36. This is a 100% small business set-aside procurement. The NAICS is 336611 with a size standard of 1,000. This requirement is to provide all labor, materials, and equipment to accomplish the following IAW the provided specification: Unplanned Dockside Repairs on CGC ELM (WLB 204) A. Contract Line Items 1-D Repair AC Unit PRICE: $___________________ A-O Composite Labor Rate; LABOR HOUR RATE ESTIMATED QUANTITY ESTIMATED AMOUNT $__________/HOUR X 30 HOURS = $_______________ B-D GFP Report PRICE: NSP C-D Travel and Per Diem PRICE: $___________________ TOTAL AMOUNT OF DEFINITE ITEMS: $_________________ TOTAL EVALUATED PRICE: $_________________________ NOTE: C-D Travel and Per Diem is applicable only to Contractors not within the local commuting area (50 miles) of the location of the vessel. It is anticipated that any Contractors within the 50 mile commuting area will enter "zero" or "N/A" for the price for this item. B. Performance will commence on/about 19 October 2009 and complete no later than 01 November 2009. C. Place of Performance: All work to be accomplished onboard the cutter currently in drydock at Detyens Shipyard, Inc., 1670 Drydock Avenue, Bldg 236, Suite 200, North Charleston, SC 29405-2121. D. Description of Requirement: All work will be accomplished in accordance with the specification, available on www.fbo.gov, or from the Contracting Officer, phone +1 (555) 000-0000 or email contact@example.gov. As stated below, the provision at FAR 52.212-2, Evaluation-Commercial Items, applies with the following addenda: Award of a contract will be based on the following criteria: Past Performance and price. The purchase order will be awarded as a firm fixed price contract using simplified acquisition procedures in accordance with FAR Part 13.5. The following factors shall be used to evaluate offers: Past Performance and Price. 1) Past Performance: In accordance with FAR 52.212-1(b)(1) and the following, the contractor quote is required to identify past or current contracts for efforts similar to this requirement. All contractor quotes are to include two (2) references. Provide as a minimum the following applicable information: contract number, description of work, total dollar amount, procuring activity or firm's complete name (include addresses, telephone numbers, and the point of contact). Past Performance will look at relevant experience, responsiveness, resources, quality and consistency of services, customer satisfaction, and management. 2) Price: The aggregate price determined by totaling the offer price for the definite items, plus offer price for optional item, plus the composite labor hour extended total. Please provide any warranty information. The Government will award a purchase order resulting from this synopsis/solicitation to the responsible contractor whose quote conforming to the solicitation will be more advantageous to the Government, price and other factors considered. For the purpose of this solicitation past performance is more important than price. Potential sources having the expertise and required capabilities are invited to submit quotations that will be considered by the agency. Quotations should be written and submitted in a legible format. Quotes must contain the contractor's Tax Information Number, and DUNS Number. Quotes must be received not later than 08 October 2009, 10:00 A.M. Eastern Standard Time. Quotations received after the date and time specified will not be considered. Quotes may be faxed to: +1 (555) 000-0000 Attn: Lisa Dieli or e-mailed to contact@example.gov. The following FAR clauses apply to this solicitation, and quoters may obtain full text versions of these clauses electronically at http://www.arnet.gov/far: FAR 52.212-1, Instructions to Offeror-Commercial Items (JUN 2008) FAR 52.212.2 Evaluation Commercial Items (JAN 1999), FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG 2009) with Alt 1 included. Note: An offeror shall complete only paragraph (j) of this 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 (MAR 2009). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items (SEP 2009). The following clauses listed in 52.212-5 are incorporated: FAR 52.203-6, 52.219-1, 52.219-6, 52.219-28, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.225-3, 52.225-13, 52.232-1, 52.232-8, 52.232-11, 52.232-33, 52.233-4, 52.242-13, 52.249-1, 52.253-1. 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 address: http://www.acquisition.gov. (End of clause) REQUIRED INSURANCE: The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.217-95, Liability and Insurance (USCG) (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including: 1. Ship Repairer's Liability - $500,000 per occurrence. 2. Comprehensive General Liability - $500,000 per occurrence. 3. Full insurance coverage in accordance with the United State's Longshoremen's and Harbor Worker's Act. 4. Full insurance coverage in accordance with the State's Workmen's Compensation Law (or its equivalent) for all places of performance under this contract. CONTRACTING OFFICER'S AUTHORITY: No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. HSAR 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 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) Offerors are advised of the requirement to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial items, with its offer. Drawings associated with this procurement can be e-mailed upon request. All questions regarding this solicitation should be directed to Lisa Dieli, Contracting Officer at +1 (555) 000-0000 or via e-mail to contact@example.gov.