J -- FAIRBANKS MORSE ENGINE OVERHAUL AND MODIFICATION FOR USCGC THUNDER BAY

This is a Notice of Intent: The United States Coast Guard (USCG) intends to award on a sole source basis to Fairbanks Morse Engine, 630 Tidewater Drive, Norfolk, VA 23501 under the authority of FAR 6.302. In accordance with FAR 22.1006, FAR Clause 52.222-41 Service Contract Act of 1965, as amended will be incorporated with the above reference procurement. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. SolicitationHSCG80-07-Q-3FAV58 is being issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 01-27. The proposed acquisition will be for observing and advising the overhaul and modification of one Fairbanks Morse Main Diesel Engine onboard the CGC Thunder Bay home ported in Rockland ME. Fairbanks Morse holds the proprietary rights to the engine. The overhaul and modification is performed to: Reduce smoke opacity to a maximum of Ringelmann #2 during light load operation. Eliminate oil dispersion from the exhaust stack during light load operation. The Contractor shall provide an on-site qualified technical representative (Tech Rep), who is familiar with the Fairbanks Morse 3800D8 1/8 Model 38D8 1/8 Marine Diesel Engine (MDE) system, to advise on manufacturer's proprietary information, dimensions, and clearances associated with the system, assist with proper repair methods, and ensure compliance with manufacturer's procedures and standards during disassembly, inspection, and reassembly of the Fairbanks Morse 3800D8 1/8 Model 38D8 1/8 Marine Diesel Engine (MDE) system. The Tech Rep shall be a Fairbanks Morse technical representative or its licensee in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. The specification is issued as an attachment. The applicable North American Industry Classification Standard (NAICS) code is 811310 with Size Standard of $5M. The schedule is for thirty-three (33) calendar days, starting on or about October 15, 2007. This notice of intent is not a request for competitive proposals. Interested parties may identify their interest and capabilities in response to this requirement. All capability statements received by 2:00 PM EST on September 04, 2007 will be considered by the Government. A determination by the Government not to compete this proposed requirement is based upon responses to this notice is solely within the discretion of the Government. THE GOVERNMENT WILL NOT PAY FOR COSTS INCURRED IN THE PREPRATION AND SUBMISSION OF DATA OR OTHER COSTS INCURRED IN RESPONSE TO THIS ANNOUNCEMENT. The provision at FAR 52.212-1, Instructions to Offerors ? Commercial Items (Sep 2006) applies (with the exception of paragraph f). Quotes must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications ? Commercial Items (Nov 2006), with its offer. The clause at FAR 52.212-4, Contract Terms and Conditions ? Commercial Items (Feb 2007) ADDENDUM to FAR 52.212-4, HSAR Clause 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) applies to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders ? Commercial Items (June 2007) applies to this acquisition. The following FAR Clauses are applicable: FAR 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553). FAR 52.222-3, Convict Labor (June 2003) (E.O. 11755). FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2006) FAR52.222-21, Prohibition of Segregated Facilities (Feb 1999) FAR 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212). 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) This Statement is for Information Only: This is not a Wage Determination Employee Class Monetary Wage ? Fringe Benefits 05160 Motor Equipment Metal Worker $13.42 per hour 23110 Appliance Mechanic $14.57 per hour 01115 General Clerk I $9.11 per hour 01116 General Clerk II $9.75 per hour 01117 General Clerk III $10.81 per hour 01118 General Clerk IV $12.34 per hour 23430 Heavy Equipment Mechanic $17.36 per hour 23470 Laborer $10.49 per hour 23550 Machinist, Maintenance $18.28 per hour FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) FAR 52.225-1, Buy American Act--Supplies (June 2003) (41 U.S.C. 10a - 10d) 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) (31 U.S.C. 3332). Vendors are required to submit, a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications ? Commercial Items, with their quote. Evaluation and Award: DOL wage rates for Maine apply to this solicitation. No other additional contractual terms and conditions are applicable. No Defense Priorities and Allocations System (DPAS) rating are assigned. Commerce Business Daily numbered notes do not apply. For information regarding this acquisition, please contact Dawn J. Dabney, Contract Specialist, by phone at (757) 628-4636, electronic mail at dawn.j.dabney@uscg.mil, or facsimile at (757) 628-4676. *****NOTE 22 APPLIES *****