Marine Hardware for Sea Guard Fenders

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. The following identifies the functional requirements which meet the government's requirements. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The incorporated document and provisions and clauses are those in effect through Federal Acquisition Circular 2005-28. Solicitation Number HSCG33-09-Q-SRE53 is issued as a request for proposal (RFP). This action is set-aside for small business. The associated North American Industry Classification System Code is 423860 with the small business standard is 100. Requirement: Hardware for SEA Guard Fenders 01. Industrial Marine Dock Plate/Pad Eyes for 1-1/4 shackle for pier bumpers QTY: 40 ea., 02. UHMW Rings 8 OD x 4 ID x 3'L Set 42 per Fender Long Black for pier bumpers, QTY: 840 10. Accounting and Appropriation Data Accounting and appropriation date will be provided on the order. Contractors must have valid DUNS number, and be registered with CCR (Central Contractor Registration) www.ccr.gov. The following Federal Acquisition Regulation (FAR), and Homeland Security Acquisition Regulation (HSAR) provisions and clauses apply: FAR 52.212-1 Instructions to Offerors-Commercial Items (Jun 2008) (FAC 2005-26), FAR 52.212-2 Evaluation-Commercial Items (Jan 1999) award will be made to the offeror proposing the best value to the Government considering price, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (June 2008) (FAC 2005-26). These certifications must be included with proposal and can be assessed and downloaded via FEDBIZOPS with this RFP. FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items. The full text of these provisions and clauses may be accessed electronically at http://www.arnet.gov/far (FAR Clauses) and http://farsite.hill.af.mil.vfhsar1.htm (HSAR clauses) PLEASE NOTE NOTICE TOO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This Solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. HSAR 3052.209-70 Prohibition on contracts with corporate expatriates (JUN 2006) As prescribed at (HSAR) 48 CFR 3009.104'75, insert the following clause: 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; (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 Clause) FAR 52.212-5, Contract Terms and Conditions To Implement Statutes or Executive Orders Commercial Items (Dec 2008) (FAC 2005-28) FAR 52.222-3 Convict Labor (June 2003) (E.O. 11755) FAR 52.222-21 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 Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212) 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 and Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212), and (41 U.S.C 351), FAR 52.225-13 Restrictions on Certain Foreign Purchases (Fen 2006) (E.O. 12722, 12724, 13059, 13067, 13121, and 13129), FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) The Government intends to make a single award to the responsive and responsible firm whose proposal is most advantageous to the Government, price and non-price related factors considered. Proposals may be submitted on company letterhead stationary and must include the required information: All proposals are due no later than December 28th, 2008. All proposals are due no later than 2:00pm, local Seattle, Washington time, December 28, 2008. All proposals to be e-mailed to Ms. Deborah Cefaratti at contact@example.gov. No faxes will be accepted.