ENGINE CONTAINER

NOTE: This solicitation is contingent upon the availability of fiscal year 2013 funds. See FAR 52-232-18 below. The USCG Surface Forces Logistics Center has a requirement to procure the following: 1) First Article. 1265560M Series 60 Engine Container to be fabricated as specified in attached statement of work marked Exhibit I (see FAR 52.209-3 below) -Quantity 1 each 2) Production. 1265560M Series 60 Engine Container to be fabricated as specified in attached statement of work marked Exhibit I -Quantity 5 each Delivery is desired on or before December 1, 2012 Prices are requested FOB Destination to Baltimore MD, 21226 if you choose to quote FOB origin please include your estimated shipping cost. This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAC 2005-61 (Sept 2012) and 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. The following FAR Clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at www.arnet.gov.far , FAR 52.212-1,Instructions to Offerors -Commercial Items (Feb 2012) FAR 212-3 -Offerors Representations and Certifications-Commercial Items (April 2012) with Alt. 1 NOTE: FAR 212-3 is included with this solicitation as Attachment I; FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2012); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Items (August 2012) NOTE: FAR 212-5 is included with this solicitation as Attachment II. This requirement is being synopsized under NAICS code 332439. The Small Business Size Standard is 500. The resultant purchase order will be awarded using Simplified Acquisition Procedures in accordance with FAR 13. It is anticipated that a competitive purchase order shall be awarded as a result of this synopsis/solicitation. 52.232-18 -Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) 52.209-3 - First Article Approval -- Contractor Testing (Sep 1989) (a) The Contractor shall test 1 unit(s) of Lot/Item 1 as specified in this contract. At least 15 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests. (b) The Contractor shall submit the first article test report within 15 calendar days from the date of this contract to the contracting officer marked "First Article Test Report: Contract No. TBD, Lot/Item No. 1 " Within 15 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance. (f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver. (End of Clause) EVALUATION Award shall be made without discussions unless the Contracting Officer determines discussions are necessary. Quotations received in response to this synopsis/solicitation shall be evaluated on a best value basis utilizing the following technical, price and price-related factors: (a) Meets minimum specification requirements (b) Price (c) Past performance All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with Central Contractor Registration (CCR) and shall provide the company Tax Information Number (TIN) with their offer. NOTICE FOR FILING AGENCY PROTESTS - United States Coast Guard Ombudsman Program 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: 202.475.3904. The Ombudsman Hotline telephone number is 202.372.3695.