ROAD SAND AND SALT

Synopsis: This is a combined solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the FAR, as supplemented with additional information included in this notice. This announcement constitutes the request for quotation for the required items under RFQ HSCG24-10-Q-GB100. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-32. The Contracting Officer is Linda A. Clarke, USCG, and can be reached at 508-968-6756, Linda.A.Clarke@uscg.mil. CLIN 0001 WASHED SAND, FOR AN ESTIMATED SEASONAL USEAGE OF 350 TONS. SEASONAL PERIOD TO INCLUDE NOVEMBER 2009-MARCH 2010. DELIVERIES IN 30 TON TRUCK LOADS, WITH A LEAD TIME OF 1 WEEK, AND DELIVERIES APPROXIMATELY EVERY 2 WEEKS. Total Tons: 350 Price per ton: $___________ Total Price: $____________________ CLIN 0002 ROAD SALT FOR AN ESTIMATED SEASONAL USEAGE OF 250 TONS. SEASONAL PERIOD TO INCLUDE NOVEMBER 2009-MARCH 2010. DELIVERIES IN 30 TON TRUCK LOADS, WITH A LEAD TIME OF 1 WEEK, AND DELIVERIES APPROXIMATELY EVERY 2 WEEKS. Total Tons: 250 Price per ton: $___________ Total Price: $____________________ Quotes shall include the estimated time for delivery. SHIPPING TERMS SHALL BE FOB DESTINATION. The contractor shall contact and confirm the delivery with the Contracting Officer a minimum of ten (10) calendar days prior to delivery. Delivery and acceptance will be made at: USCG Air Station Cape Cod, Building 5217 East Hospital Road, Buzzards Bay, MA, 02542 and take place between the hours of 0730 and 1600. FAR 52.252-2 Clauses Incorporated by Reference (Jun 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR)(Apr 2008). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer - CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil End of Clause The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-50 Combat Trafficking in Persons(FEB 2009) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724,13059.13067,13121, and 13129) End of Clause The following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30) CLAUSES (can be accessed electronically at www.dhs.gov/dhspublic ) HSAR 3052.209'70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 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 after November 25, 2002, 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; 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 term 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 as actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties of 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 right 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 transaction 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 3009.1004-74, which has not been denied; or ( ) it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to criteria (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. 52.212-2 Evaluation- Commercial Items (Jan 2009) 52.212-3 Offeror Representations and Certifications- Commercial Items (Aug 2009) (FAC 2005-36) 52.212-1 INSTRUCTIONS TO OFFERORS'COMMERCIAL ITEMS (NOV 2007) 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2007) HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH EXPATRIATES (JUN 2006) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders'Commercial Items. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS'COMMERCIAL ITEMS (FEB 2008) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78) (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: [Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). (applicable over $100K) __ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). (use if set aside) __ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (applicable over $100K; not applicable to Small Business Set-Asides). __ (4) [Reserved] __ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). (use when set aside). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). (use when set aside). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). (applicable over $100K, except when personal services contemplated or performed outside the US). __ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (15 U.S.C. 637(d)(4). (applicable over $550K and 52.219-8 is used; not applicable to 8(a) set asides) __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). (applicable over $100K). __ (10) 52.219-16, Liquidated Damages'Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). (if FAR 52.219-9 is used) __ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). (applicable over $100K) __ (ii) Alternate I (June 2003) of 52.219-23. __ (12) 52.219-25, Small Disadvantaged Business Participation Program'Disadvantaged Status and Reporting (Oct 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (use when applicable) __ (13) 52.219-26, Small Disadvantaged Business Participation Program'Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). (use when applicable) __ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). (use if set aside) __ (15) 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)). __ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (17) 52.222-19, Child Labor'Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). __ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (use if 52.222-26 is applicable). X (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (applicable over $10K) __ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (applicable over $100K) X (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). (applicable over $10K) __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (if 52.222-35 is used) __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (applicable over $100K) _X_ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). __ (ii) Alternate I (Aug 2007) of 52.222-50. __ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Aug 2000) (42 U.S.C. 6962(c)(3)(A)(ii)). (if 52.223-4 is used and work exceeds $100K) __ (ii) Alternate I (Aug 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). __ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). (if energy consuming products list in Energy Star'see FAR 23.203) __ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. _X_(28) 52.225-1, Buy American Act'Supplies (June 2003) (41 U.S.C. 10a-10d). X (29)(i) 52.225-3, Buy American Act'Free Trade Agreements'Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169). (applicable over $25K) __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (31) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (36) 52.232-33, Payment by Electronic Funds Transfer'Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). _X_ (37) 52.232-34, Payment by Electronic Funds Transfer'Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332). __ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: