Miscellaneous Aircraft Parts

This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in Subpart 12.6 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. This request for quotation (HSCG38-09-Q-011020) incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-36. This is an unrestricted solicitation. The North American Industry Classification System (NAICS) Code is 334511 and the small business size standard is 1000 employees. The contract will be awarded using simplified acquisition test program procedures in accordance with FAR Part 13.5. The contract will be awarded as a firm-fixed price purchase order. The award will be in accordance with FAR 6.302-1. The USCG intends to negotiate and award this purchase order to the authorized Original Equipment Manufacturer (OEM), FLIR Systems, Inc., Portland, OR, or any source that can provide the parts that meet the OEM's specifications. The USCG does not own, nor can it provide drawings or specifications for these items. Quantities listed below are firm quantities. All CLINs specified below are Flight Critical parts. The requirement consists of the following spare parts utilized on the HC-144A Coast Guard aircraft: CLIN 1: NSN: 5841-01-HS1-9903; P/N 3210090-2; NOMEN: FLIR Hand Control - Qty 1 CLIN 2: NSN: 5841-01-HS1-9893; P/N 3290003-301; NOMEN: FLIR Turret - Qty 3 CLIN 3: NSN: 5841-01-HS1-9872; P/N 3203134-300; NOMEN: Central Electronic Unit (C.E.U.) - Qty 3 Vendor must possess appropriate FAA certification and must be an OEM approved source. Certifications shall be required prior to award. The contractor must have access to the most current original equipment manufacturer (OEM) specifications. Drawings or specifications are not available, and cannot be furnished by the Government. Offers should indicate nomenclature, part number, unit price, and extended price, plus the FOB point, any discounts for prompt payment, and business size standards and minority classifications. Award will be made to the offeror proposing the best value to the Government considering technical capability, price, delivery, and past performance. Delivery is required by 365 days after award. Earlier deliveries are desired and will be accepted. F.O.B. Destination is requested as the F.O.B. point for the Deliverables. Deliver to USCG Aviation Logistics Center, Receiving Section, Bldg. 63, Elizabeth City, North Carolina, 27909-5001. The contractor shall comply with ASTM D 3951-98, Commercial Packaging, shipping and Storage Procedures (Reapproved 2004). Each individual container shall be labeled on the outside with the appropriate National Stock Number, Part Number, Nomenclature, Quantity, Purchase Order and Line Item Number. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Bar coding is not required. The internal packaging material shall be sufficient to prevent corrosion, deterioration or decay during warehouse storage with temperature ranging from 95 to 40 degrees Fahrenheit and high humidity for a period not less than one year. Packaging material shall not consist of popcorn, shredded paper, Styrofoam of any type, or peanut style packaging. Bar coding is authorized, however, not mandatory. When an AOG situation occurs, the outside of the shipping container will be marked in highly visible lettering, - A.O.G. Only new items are acceptable. The contractor shall furnish a Certificate of Conformance in accordance with Federal Acquisition Regulation (FAR) clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. Offerors shall be able to provide necessary certifications including trace ability to the OEM to ensure parts are in airworthy condition, suitable for installation on an U.S. Coast Guard aircraft. The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulations (HSAR), Provisions and Clauses apply: ADDENDUM 52.212-1 Instructions to Offerors Commercial Items (Jun 2008) 52.212-3 Offeror Representations and Certifications - Commercial Items (Aug 2009) ALT I (APR 2002) 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. 52.212-4 Contract Terms and Conditions - Commercial Items (Mar 2009) is hereby incorporated by reference and is tailored to additionally include the following FAR/HSAR clauses: FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) 52.204-4 Printed or copied Double-Sided on Recycled Paper (Aug 2000) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (OCT 1997) (Alt IV (OCT 1997)) (a) Submission of cost or pricing data is not required. (b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this Acquisition. 52.246-15 Certificate of Conformance (APR 1984) 52.247-38 F.o.b. Inland Carrier, Point of Exportation (Feb 2006) 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 Internet address: www.arnet.gov/far/. 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) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders'Commercial Items. (Aug 2009) [Applicable Clauses under 52.212-5] 52.222-50 Combating Trafficking in Persons (Feb 2009) (Applies to all contracts) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) Alternate I (Oct 1995) (41 U.S.C. 253g and U.S.C. 2402) 52.219-8 Utilization of Small Business Concerns (May 2004) (15 U.S.C 637(d)(2)and (3)) 52.219-9 Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4). Alt II (Oct 2001) 52.219-28 Post-Award Small Business Program Rerepresentation (Apr 2009) 52.222-3 Convict Labor (June 2003) (E.O. 11755). 52.222-19 Child Labor'Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). 52.222-21 Prohibition of Segregated Facilities (FEB 1999). 52.222-26 Equal Opportunity (Mar 2007) (E.O. 11246). 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). 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). 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). 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201) 52.222-54 Employment Eligibility Verification (Jan 2009) 52.225-5 Trade Agreements (Aug 2009) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer'Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). (End of Clause) 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) 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: +1 (555) 000-0000 The Ombudsman Hotline telephone number is +1 (555) 000-0000. Closing date and time for receipt of offers is Sep 1, 2009, 4:00 pm, Eastern Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. All responsible sources may submit a proposal that will be considered by this Agency. Offers may be submitted on company letterhead stationery indicating the nomenclature, part number, unit price and extended price; F.O.B. point, payment terms and any discounts offered for prompt payment, the business size standard and any minority classification; and delivery date and MUST include the required FAR 52.212-3, including Alternate 1, Offeror Representations and Certifications. Copies are available by calling the agency or by downloading the document from FedBizOps as posted under this solicitation. All offerors submitting a proposal shall have a valid Vendor Cage Code and Dun & Bradstreet number (DUNS) or the ability to get one. Facsimile Offers are acceptable and may be forwarded via fax number +1 (555) 000-0000, attention Melissa Deglau or Wade Johnson. Electronic submission may be sent to contact@example.gov or contact@example.gov.