MADAS Software

1. This announcement is a combined synopsis/ solicitation for supplies prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in the notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The United States Coast Guard (USCG) will award a single Firm Fixed Price type contract. 2. The solicitation number is HSCG41-12-P-QW6477 is being issued as a Sole Source according to the attached Justification For Other Than Full and Open Competition (J&A) The North American Industry Classification Systems (NAICS) code for this requirement is 423430; the small business standard is 100. 3. The solicitation document, and the incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-60. The USCG intends to award a Firm Fixed Price Contract to Hampden Engineering Corporation. Delivery shall be 30 days after receipt of order (ARO). Concerns having the same expertise and required capabilities to provide these items are invited to submit such data discussing the same in duplicated with in 5 calendar days from the date of this announcement. Concerns that respond to this notice most fully demonstrate the capability to accomplish the above and are to supply pertinent information in sufficient detail to demonstrate a bona fide capability to meet the requirements. The submission of this data shall not impede award of this contract. The Government does not intend to pay for information solicited. All responsible sources may submit a capability statement, proposal or quotation, which shall be considered by the agency. 4. The USCG intends to acquire One(1) of the following items: ITEM 0001: MADAS (Marine Accident Data Analysis System) Software Delivery for the above referenced items shall be 30 days from the award of order. If delivery cannot be made in accordance with the Government's delivery schedule, best possible delivery schedule shall be indicated on quote. 5. The following FAR and HSAR provisions and clauses as well as addenda apply to this acquisition and are incorporated by reference or in full text: - FAR 52.212-1, Instructions to Offerors - Commercial Items (February 2012) supplemented as follows: Additional solicitation requirements, terms and conditions, are as follows and shall be submitted with your response: a. The solicitation number; b. The name, address, and telephone number of the offeror; c. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, to include tour guide resume. This may include product literature, or other documents, if necessary; d. Three (3) Past performance references; e. Completed pricing spreadsheet; f. Terms of any express warranty; g. Price, availability and any discount terms; h. A completed copy of the representations and certifications at FAR 52.212-3 i. Acknowledgement of Solicitation Amendments; j. Company Tax Information Number and DUNS Number. -FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (April 2012) Certification and Representations shall be submitted via ORCA website at https://orca.bpn.gov/. - FAR 52.212-4, Contract Terms and Conditions- Commercial Items (February 2012) - FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (July 2012) Clause 52.212-5 further incorporates the following: 52.219-6 (November 2011), 52.219-28 (April 2012), 52.222-3 (June 2003), 52.222-19 (March 2012), 52.222-21 (Feb 1999), 52.222-26 (Mar 2007), 52.222-36 (Oct 2010), 52.222-50 (Feb 2009), 52.223-18 (August 2011), 52.225-13 (June 2008), and 52.232-33 (Oct 2003). FAR 52.233-2 Service Of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer, 1 USCG Training Center, Yorktown, VA, 23690-5000 by obtaining written and dated acknowledgment of receipt from the Contracting Officer. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. The following Homeland Security Acquisition Regulation (HSAR) provisions and clauses apply to this acquisition: 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 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; 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 3009.108-7001 through 3009.108-7003; [ ] it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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) HSAR 3052.242-72 Contracting Officer's Technical Representative (DEC 2003) (a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract. (b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the Contracting Officer. (End of clause) CG 912 Clauses - Organizational Conflicts Of Interest for Contracts Awarded By the U.S. Coast Guard Office of Contract Operations (a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractor's organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The contractor's objectivity in performing the contract work is or might be otherwise impaired. (b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. (End of Addendum)