USCG 49' BUSL Mufflers and Drawings for development for Drawings

The United States Coast Guard Surface Forces Logistics Center has a requirement and requesting quotations for the following parts: Item 1) "49' BUSL Engine Exhaust Mufflers" Quantity: 02 EA Delivery on or before 07/14/11. Item 2) Development of Drawings for muffler for 49' BUSL. Drawings will be in accordance with COMDTINST M9085.1B (Naval Engineering Computer Aided Design Standards). Provide the USCG with two copies of drawing plotted on paper and one copy on a flash drive. Electronic copy shall be editable and rewriteable. The drawings will become Coast Guard Property to be used for full and open competition for future purchases. These Mufflers were originally manufactured by Cummins but Cummins will no longer supply these Mufflers to the Government. Delivery shall be F.O.B. Destination 2 EA to the following destinations; 1) USCG ISA PORTSMOUTH 400 COAST GUARD DRIVE PORTSMOUTH, VA 23703 ATTN: GABRIEL LOPEZ It is the Government's belief that only Colonial Welding,. and/or their authorized distributors possesses the required technical and engineering data to manufacture these Mufflers to meet original firm, fit, and function characteristics. Although the Government possesses a copy of the original drawing, the proprietary markings prohibit the release to the public for competition. It is the Government's belief that Colonial Welding procured the data rights from Cummins and is the only source with these data rights that can successfully manufacture these Mufflers at this time. however, the Government will evaluate proposed equal items. Concerns having the expertise and required capabilities to provide equal items are required to submit descriptive literature with their quotation that clearly identifies the proposed equal item meets the original form, fit, and function requirements. "Descriptive literature," means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product. (b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as - (1) Design; (2) Materials; (3) Components; (4) Performance characteristics; and (5) Methods of manufacture, assembly, construction, or operation. (c) Descriptive literature, required elsewhere in this solicitation, shall be -- (1) Identified to show the item(s) of the offer to which it applies; and (2) Received by the time specified in this solicitation. (d) If the offeror fails to submit descriptive literature on time, the Government will reject the quotation and the quotation shall be eliminated from further consideration. (e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the quotation. This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6, FAC 2005-52 (May 2011) 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 _332322 and the Small Business Size Standard is _500. 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 13.5. 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 _Jul 30th, 2011_, at _12:00_ p.m. Eastern Standard Time. OFFERORS MUST SUBMIT THE FOLLOWING INFORMATION ON THEIR QUOTE: 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 (May 2008); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2009) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their quote. 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 (Jun 2010); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2010). The following clauses listed within FAR 52.212-5 are applicable: 52.219-6, Notice of Total Small Business Set-aside (Jun 2003) (15 U.S.C. 644); 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); FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999); FAR 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246); FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793); FAR 52.225-3, Buy American Act-Free Trade Agreement (Jun 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 following items are incorporated as addenda to this solicitation: HSAR 3052.209-70, Prohibition on Contracts with Corporate Expatriates (Jun 2006). Copies of HSAR clauses may be obtained electronically at www.dhs.gov. 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: Commandant (CG-931) U.S. Coast Guard HeadquartersProcurement Planning & Oversight Division 1900 Half Street, SW, JR11-0203 Washington, D. C. 20593-0001 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3692