RIGID HULL INFLATABLE BOATS USNS PECOS

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is N40442-11-T-1001, and it 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 2005-40. NAICS 333612 applies. The Small Business Competitiveness Demonstration Program is not applicable. This is a small business set-aside. Military Sealift Fleet Support Command (MSFSC), Norfolk, VA intends to award a firm fixed price purchase order for TWO (2) RHIB boats manufactured by WILLARD MARINE INC OR EQUAL with the salient characteristics listed below for the USNS PECOS (T-AO 197). The following items are required: END ITEM APPLICATION: RIGID HULL INFLATABLE BOATS (RHIBs) CLIN 0001: MATERIAL LIST ITEM P/N DESCRIPTION QTY PRICE PER UNIT EXTENDED PRICE 1 WM-670-01 Basic boat package: Sea Force 670 I/B with USCG and SOLAS approval For use with single point lifting frame and stainless steel padeyes for use in 4 point lift, 5 camber polyurethane tubes. Include shipping crate and shrink wrap. 2 EA TOTAL COST SEE ATTACED LIST OF SALIENT CHARACTERISTICS The required delivery date is 01 APR 2011. The anticipated delivery address zip code is 92123. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment, 52.212-1 Instructions to Offerors-Commercial Items; 52.247-34 F.O.B. Destination, and 52.252-2 Clauses Incorporated By Reference The following FAR provisions and clauses apply to this solicitation and are incorporated by full text: 52.212-3 Offeror Representations and Certifications-Commercial Items Alternate I - The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, as of the date of this offer and are incorporated in this offer by reference); 52.212-4 Contract Terms and Conditions-Commercial Items; Within 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders the following clauses apply and are incorporated by reference: 52.203-6 Restriction on Subcontractor Sales 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation. 52.222-3 Convict Labor, 52.222-19 Child Labor - Cooperation with Authorities and Remedies, 52.222-21 Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 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, 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 Right for Payment of Union Dues, 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.222-99 Notification of Employee Rights Under the National Labor Relations Act (JUN 2010), 52.225-13 Restrictions on Certain Foreign Purchases, and 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration; and 52.233-3 Protest After Award (AUG 1996), and 52.233-4 Applicable Law for Breach of Contract Claim 52.211-6 Brand Name or Equal (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. 52.233-2 SERVICE OF PROTEST (SEP 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 by obtaining written and dated acknowledgment of receipt from Diane Krueger, 471 East C St., Bldg. SP64, Norfolk, VA 23511. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) Addendum to 52.233-2 SERVICE OF PROTEST Interested parties may request an independent review of their protest as an alternative to consideration by the contracting officer or as an appeal of the contracting officer's decision on their protest. See FAR 33.103. Requests for independent review shall be addressed to Code N10 or N10X, Military Sealift Command, 914 Charles Morris Ct SE, Washington Navy Yard, DC 20398-5540. MSFSC encourages potential protesters to discuss their concerns with the contracting officer prior to filing a protest. The following Defense FAR Supplement (DFARS) provisions and clauses apply to this solicitation and are incorporated by reference: 252.204-7004 Alt A Required Central Contractor Registration. Alternate A; 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country; 252.211-7003 Item Identification and Valuation; 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals; +1 (555) 000-0000 Levies on Contract Payments; and 252.246-7003 Notification of Potential Safety Issues Within DFARS 252.212-7001 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items the following clauses apply and are incorporated by reference: 252.203-3 Gratuities, 252.203-7000 Compensation for Former DOD Officials, 252.205-7000 Provision of Information to Cooperative Agreement Holders, 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country, 252.225-7001 Buy American Act and Balance of Payment Program, 252.225-7000 Buy American Act--Balance of Payments Program Certificate, 252.225-7012 Preference for Domestic Commodities, 252.225-7016 Restrictions on Acquisition of Ball and Roller Bearing, 252.225-7036 Buy American-Free Trade Agreement-Balance of Payments Program, 252.232-7003 Electronic Submission of Payment Requests, 252.232-7010 Levies on Contract Payments. 252.243-7002 Request for equitable adjustments, and 252.247-7023 Transportation of Supplies by Sea. The following additional clauses apply: 252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005) (a) Definitions. As used in this clause- (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it - (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. 252.225-7000 Buy American Act--Balance of Payments Program Certificate. (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": Line Item Number Country of Origin (If known) (End of provision) 52.215-5 Facsimile Proposals +1 (555) 000-0000. Commercial Item Test Program: Purchases made under this combined synopsis-solicitation, exceeding the simplified acquisition procedures (SAP) threshold, shall be conducted under the authority and procedures of FAR Subpart 13.5-Test Program for Certain Commercial Items. Quotes will be synopsized, solicited and a purchase order issued to the successful vendor. Purchase order procedures under FAR Part 13 shall supersede any other contrary procedures mentioned or incorporated by reference in the combined synopsis-solicitation. The following numbered notes apply to this requirement: None At a minimum, responsible sources shall provide the following: a price proposal for each CLIN, total price, prompt payment terms, remittance address, Tax I.D. #, Duns #, and Cage Code. No partial shipments will be accepted. Responses to this solicitation are due by 25OCT 2010 at 08:00 AM Eastern. Quotes can be emailed to contact@example.gov or faxed to +1 (555) 000-0000 Attn: Rob McDermott. Reference the following Solicitation Number on your quote: N40442-10-T-1001. Late quotes will not be considered. EVALUATION -COMMERCIAL ITEMS: (a) Purchase order will be made to that technically acceptable quoter with satisfactory or neutral past performance whose quote, conforming to the solicitation, has offered the lowest evaluated price and is deemed to be responsible. The Government reserves the right to issue a purchase order based upon initial quotes. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. (End of provision)