SHAFT PROPULSION SHIP

THE USCG SURFACE FORCES LOGISTICS CENTER, IBCT PRODUCT LINE, HAS A REQUIREMENT TO PROCURE THE ITEM NOTED BELOW. QUOTES MAY BE SUBMITTED BY EMAIL TO contact@example.gov OR FAXED TO +1 (555) 000-0000. This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6, FAC 2005-62 (NOV 2012) and 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. The NAICS code for this solicitation is 336611. This synopsis/solicitation is issued pursuant to FAR 6.203-1 and HSAM 3006.302-1. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 13. THIS NOTICE IS NOT SET A SIDE FOR SMALL BUSINESS. The United States Coast Guard Surfaces Forces Logistics Center has a requirement and requesting quotations for the following : ITEM #1). 2010-01-501-9427 QTY: 2 EACH Part Number: 75E-WLR-4301-1LINE Descriptive/Spec. Data: SHAFT, PROPULSION, SHIP AS PER SPECIFICATION P-243-0408 CHANGE 3, DATED 5/10/12 REQUIRED DELIVERY DATE: 10/15/13 Delivery shall be F.O.B. Destination : SURFACE FORCES LOGISTICS CENTER, RECEIVING ROOM BLDG #88A. 2401 HAWKINS POINT ROAD, BALTIMORE, MD 21226 All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with Central Contractor Registration (CCR) and shall provide the company Tax Information Number (TIN) with their offer. The closing date and time for receipt of quote is FEB 20, 2013, 9AM EASTERN STANDARD TIME. Title 48: Federal Acquisition Regulations System PART 3052-SOLICITATION PROVISIONS AND CONTRACT CLAUSES Subpart 3052.2-Text of Provisions and Clauses 3052.209-70 Prohibition on contracts with corporate expatriates. 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 provision) The following FAR Clauses provisions apply to this solicitation. FAR 52.212-1, Instructions to Offerors -Commercial Items (FEB 2012); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (NOV 2012). The following FAR Clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at www.arnet.gov.; FAR 52.212-4, Contract Terms and Conditions-Commercial Items (FEB 2012); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Items (NOV 2012). The following clauses listed within FAR 52.212-5 are applicable: 52.219-28, Post Award Small Business Program representation (APR 2009)(15 U.S.C. 632(a)(2); FAR 52.222-3, Convict Labor (Jun 2003)(E.O. 11755); FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jul 2010)(E.O. 13126); 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). 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 Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (Sep 2010)(38 U.S.C. 4212) FAR 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793); FAR 52.222-50, Combating Trafficking in Persons (FEB 2009); FAR 52.225-1, Buy American Act-Supplies (FEB 2009)(41 U.S.C. 10a-10d); 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); The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers' parts. (End of Clause) 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.