Purchase of TERMA Radar Parts

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplement with additional information in this notice. This announcement constitutes the only solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-17-Q-PC2162. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-95. This procurement will be processed in accordance with FAR Part 12 and 13. The North American Industry Classification System (NAICS) is 334511. The SBA size standard is 1250 employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive 2 or more Offers from qualified Small Business Concerns: therefore IAW FAR 19.502-2(a), This IS NOT A Small Business Set-A-Side. The USCG Command, Control and Communication Engineering Center (C3CEN) Portsmouth, VA. 23703, intends to purchase on a non-competitive basis by Awarding a Firm Fixed Price Purchase Order to Terma North America for Various Radar Gear Box Repair Parts as listed below, See Schedule B below. The following documents related to this synopsis/solicitation are attached: Sole Source Justification (Attachment 1) The proposed contract action resulting from this synopsis/solicitation for commercial services is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1 & 13. Interested persons/parties may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive quotations/proposals. However, all quotations and proposals received will be considered by the USCG/Government. A determination by the USCG/Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the USCG/Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes for future acquisitions. The contractor for this proposed Sole Source contract is: Terma North America, 2461 S Clark ST. STE 810: Arlington VA, 22202-3881, Cage Code: 581K4. A current System for Award Management (SAM) Data Search was conducted on July 14, 2017 by the Contracting Officer. This Contractor is current/active in SAM and does not have any active Exclusion. This is considered to be a Sole Source Acquisition. See attached Sole Source Justification. (Attachment 1) The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Items are to be NEW items. Used or Refurbished items are NOT acceptable. Any Contractors that are authorized Distributors of Terma North America is encouraged to provide a Firm Fixed Price Quotation in reference to (IRT) this Solicitation. The USCG/Government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Overall Value to the Government, price and other factors considered. *PLEASE NOTE* Interested Offeror's are to provide Firm Fixed Price Proposals with Delivery Information by July 20, 2017 @ 7:00AM EST. Delivery Information is to include the Shipping Terms the Offeror is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/GOV. If proposing FOB Origin, provide Shipping cost as a separate line item. FIRM FIXED Price Proposals may be submitted on company letterhead stationery and must include the following information: Cost Breakdown, Unit Price, Extended Price, Total Price, Payment Terms, discount offered for prompt payment, Company DUNS and Cage Code. Email quotes to contact@example.gov Anticipated Award Date for the PO Contract is July 24, 2017, this date is approximate and not exact. INSPECTION AND ACCEPTANCE: The Contractor shall only tender for acceptance those Items that conform to the requirements of this Order/Contract. The Government/USCG reserves the right to Inspect or Test any Supplies or Services that have been tendered for Acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming Services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government/USCG may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. Final Inspection and Acceptance will be performed by Gov/USCG Authorized Personnel at the point and location of Destination as stated on the Order/Contract, unless otherwise stated on the Order/Contract. Email quotes to: contact@example.gov Schedule B: Line Item 1: One (1) each of Motor, 2.2 KW/W Gasket Part Number: 258512-101 Line Item 2: One (1) each of Oil Trap Part Number: 523536-001 Line Item 3: One (1) each of Oil Pump Kit Part Number: 723475-001 Line Item 4: Quantity One (1) each of Oil Tribol 80/150 (20L Can) Part Number: 215401-001 Line Item 5: Forty Five (45) each of Power Cable, 4G2.5MM2, Shielded (Per Meter Price) Part Number: 872197-034 Line Item 6: One (1) each of External Safety Switch (Motor On/Off Switch) Part Number: 245510-002 Line Item 7: Shipping Cost, If not FOB Destination. All items are to be shipped to 99686-0486. All items must be delivered 45 days After Receipt of Order (ARO). Email quotes to contact@example.gov PROVISIONS / CLAUSES The Following FAR Provisions/Clauses apply to this Solicitation: FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Jan. 2017) FAR 52.212-2 -- Evaluation -- Commercial Items (Oct 2014). Award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, past performance and quality. FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Jan. 2017) to include Alt I (Oct 2014). An Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certificates electronically via http://www.sam.gov/portal . If an Offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the Offeror shall complete only paragraphs (c) through (r) of this provision. The following Clauses apply to this Solicitation and awarded Contract. FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Jan. 2017) FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan. 2017). As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN. 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards (Oct. 2016) (Pub.L. 109-282)(31 U.S.C. 6101 note). FAR 52.209-6 - Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct. 2015) (31 U.S.C. 6101 note). FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). FAR 52.222-3 -- Convict Labor (June 2003) FAR 52.222-19 -- Child Labor-Cooperation with Authorities and Remedies (Oct. 2016) FAR 52.222-21 -- Prohibition of Segregated Facilities (Apr. 2015) FAR 52.222-26 -- Equal Opportunity (Sept. 2016) FAR 52.222-36 -- Affirmative Action for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) FAR 52.222-50 -- Combating Trafficking in Persons (Mar 2015) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-1 -- Buy American Act - Supplies (May 2014) FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).FAR 52.225-13 -- Restriction on Certain Foreign Deliveries (Jun 2008) (E.O. 12722, 12724, 13059, 13067, 13121 and 13129) FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.'s proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). FAR 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 2013) (31 U.S.C. 3332) FAR 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. The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded Contract. 3052.209-70 Prohibition on contracts with corporate expatriates As prescribed at (HSAR) 48 CFR 3009.108-7005, 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; 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 clause)