SOLICITATION NOTICE
16 -- Continuation of Repair of Hydraulic Components for use on Coast Guard HU25 Falcon Aircraft
- Notice Date
- 8/19/2004
- Notice Type
- Solicitation Notice
- NAICS
- 336413
— Other Aircraft Parts and Auxiliary Equipment Manufacturing
- Contracting Office
- DHS - Direct Reports, United States Coast Guard (USCG), Commanding Officer, USCG Aircraft Repair & Supply Center, HU25, HH65, H60J, C130, EISD, 130J or Support Procurement Building 79, 75, 79, 78, 78, 19 or 63, Elizabeth City, NC, 27909-5001
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-04-Q-101052-Continued
- Response Due
- 9/16/2004
- Archive Date
- 10/1/2004
- Point of Contact
- Vergie Hall, HU25 Contract Specialist, Phone 252-335-6562, Fax 252-334-5427, - Joyce Hudson, HU25 Contracting Officer, Phone 252-335-6142, Fax 252-334-5427,
- E-Mail Address
-
VHall@arsc.uscg.mil, LHudson@arsc.uscg.mil
- Small Business Set-Aside
- Total Small Business
- Description
- The following Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulations (HSAR) provisions and clauses apply: 52.212-1 Instructions to Offerors ? Commercial Items (JAN 2004); 52.212-2 Evaluation ? Commercial Items (Jan 1999), award will be made utilizing the following factors, in descending order of importance, The Coast Guard intends to award one contract to the Contractor whose proposal is identified as offering the best value solution. The Source Selection Team (SST) may determine the best value for the Coast Guard merits a higher price based on technical superiority. The SST, using sound business judgment, will base the selection decision on an integrated assessment of the proposal?s relative capability as measured against the below evaluation factors: o Factor 1 ?Technical/Management Solution/Approach o Factor 2 ? Performance Measures and Metrics o Factor 3 ? Past Performance o Factor 4 ? Cost/Price Factor 1 and Factor 2 are equal and each is significantly more important than Factor 3. While the Cost/Price is an important part of the integrated selection decision, the non-Cost/price factors are significantly more important than the Cost/Price factor. Cost/price will become increasingly important as proposal evaluation ratings for technical factors approach equal. DETAILED FACTORS Factor 1: Technical Management/Solution/Approach The technical/management solution/approach will be evaluated for its quality and evidence of extent to which Contractor?s solutions will achieve Coast Guard objectives of Hydraulic components (repair). The evaluation will include an assessment that the solution adheres to sound engineering, design and management practices and that the Contractor has a complete understanding of the objectives, constraints and is customer focused. Evidence of the quality of the technical management/solution/approach includes: (a) A comprehensive performance work statement and contract breakdown structure that identifies the services to be delivered to meet the program and mission requirements set forth in the statement of objectives. (b) A sound technical proposal that clearly demonstrates how implementation of the proposed solutions will deliver timely, stable, reliable, secure, flexible, responsive, compliant and cost effective services. (c) A sound partnering approach to management that demonstrates the ability to aggressively identify and apply information technology solutions to business processes. The management approach needs to provide: Highly qualified and experienced key personnel with a proven track record of success in providing large enterprise-wide managed services under performance based arrangements. Clear lines of communication between the Contractor?s team and the Coast Guard for timely problem identification, mitigation and resolution. Active and continuing participation and involvement of senior corporate executives in ensuring the success of this program. (d) The Contractor?s validated process and procedures that ensure high quality performance (i.e., ISO 9000 type or other quality certifications). Factor 2: Performance Measures and Metrics The offered performance metrics and service level agreements will be evaluated for the extent they are: (a) Comprehensive in their ability to quantify, measure, track, and report operational performance relating to both system and management performance as well as achievement of Coast Guard objectives, (b) Identifying the highest level of service consistent with cost effectiveness, (c) Tied to performance incentives and disincentives that are directly related to meeting or exceeding mission critical performance metrics. Factor 3: Past Performance The past performance evaluation will examine how the Contractor?s past and present performance validates expected performance and customer satisfaction. The Coast Guard may use data obtained from other sources to conduct the past performance assessment, as well as that provided in the proposal. The past performance evaluation will also examine the Contractor?s actual performance on repair/overhaul of similar or like items. This review will focus on the scope and complexity of the efforts, the performance measures/service levels applied, and the actual results achieved against those measures. Factor 4: Cost/Price Each Contractor?s cost/price proposal will be evaluated based on the following: (a) Evaluation of proposed price/cost (b) Reasonableness: Reasonableness will be established by the existence of adequate price competition and by comparing all, or a representative sample of the proposed prices/costs to industry average rates and/or rates from other contracts for similar work, etc. (c) Realism: A realism assessment will be accomplished by technical review and evaluation of the skill mix, specific hours, and material kinds and quantity for each identified CLIN/SubCLIN in the Contractor?s proposed cost/price proposal. The intent of the evaluation is to determine whether the estimated proposed price/cost elements are realistic for the work to be performed; reflect a clear understanding of the requirements; and are consistent with the approach described in the Contractor?s technical proposal. (End of Provision) 52.212-3 Offeror Representations and Certifications - Commercial Items (May 2004) Alternate I (Apr 2002) Offerors shall include a copy of this provision with their offer. 52.212-4 Contract Terms and Conditions ? Commercial Items (Oct 2003) ADDENDUM FEDERAL ACQUISITION REGULATION (48CFR) CHAPTER 1) CLAUSES 52.204-4 Printed or Copied Double-sided on Recycled Paper (Aug 2000) 52.204-7 Central Contractor Registration (Oct 2003) 52.215.20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) Alternate IV (Oct 1997) (a) Submission of Cost or pricing data is not required (b) Provide information on the prices at which same or similar items have been repaired in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. 52.216-18 Ordering (Oct 1995) (a) date of award through 5 years thereafter 52.216-19 Order Limitations (Oct 1995) (a) 1 each (b)(1), 12 each (b)(2), 20 each (b)(3), 30 calendar days (d) 15 calendar days 52.216-21 Requirements (Oct 1995) 52.217-5 Evaluations of Options (July 1990) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.222-49 Service Contract Act ? Place of Performance Unknown (May 1989) (a) Dallas, Texas and Deerfield Beach, Florida (b) 4:30 p.m., September 10, 2004 52.245-1 Property Records (Apr 1984) 52.245-2 Government Property (Fixed-Price Contracts)(May 2004) 52.246-2 Inspection of Supplies ? Fixed Price (Aug 1996); 52.246-4 Inspection of Services ? Fixed Price (Aug 1996); 52.246-15 Certificate of Conformance (Apr 1984), and the Coast Guard?s required Airworthiness Certification Requirements. 52.247-34 F.O.B. Destination (Nov 1991) 52.252-2 Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clause may be accessed electronically at Internet address www.deskbook.Osd.Mil. In conjunction with FAR 52.222-42, Statement of Equivalent Rates for Federal Hires, the following information is provided and identifies the classes of service employees to be employed under the contract and states wages and fringe benefits payable to each if they were employed the contracting agency subject to the provisions of 5. U.S.C. 5341: THIS STATEMENT IS FOR INFORMATION ONLY. IT IS NOT A WAGE DETERMINATION. Employee Class: Aircraft Quality Control Inspector, $20.47 per hour, Aircraft Mechanic, $19.25 per hour; Electrician Maintenance, $19.25 per hour, Annual Leave: Two hours per week for service less than three years; three hours per week for service of three years but less than 15 years; and 4 hours per week for service for 15 years or more. Paid Holidays: Ten per year. Government?s contribution to sick leave and to life, accident and health insurance: 5.1 percent of basic hourly rate. Government?s contribution to retirement pay: 7 percent of basic hourly rate. Wage Determinations 1994-2112, Revision 20, dated 11 Jun 04 for Florida, counties of Broward, Glades, Hendry, Martin, Okeechobee, Palm Beach, and St Lucie, and 1994-2510, Revision 20, dated 11 Jun 04 for Texas, counties of Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Grayson, Henderson, Hopkins, Hunt, Kaufman, Lamar, Navarro, Rains, Rockwall, Smith, VanZandt, and Wood, are incorporated in this solicitation and any resulting contract and will be available upon request by the agency. HOMELAND SECURITY ACQUISITION REGULATION (HSAR) (48CFR CHAPTER 30) CLAUSES 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Dec 2003) (a) Prohibitions. Section 835 of Public Law 107-296, 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. 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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, Public Law 107-296, 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 after November 25, 2002, 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 the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, Public Law 107-296. (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 after the date of enactment of this Act and 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 Public Law 107-296 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. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107- 296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of clause) 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) 3052.222-90 Local Hire (Dec 2003) 3052.245-70 Government Property Reports (Dec 2003) 3052.247-72 F.O.B. Destination Only (Dec 2003) (End of Clause) 52.212-5 Contract Terms and Conditions to Implement Statutes or Executive Orders ? Commercial Items (June 2004) 52.203-6 Restrictions on Subcontractor Sales to the Government (Jul 1995) with Alternate I (Oct 1995) (41.U.S.C. 253g and 10 U.S.C. 2402) 52.219-8 Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)) 52.222-3 Convict Labor (June 2003) (E.O. 11755) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Apr 2002) (E.O. 11246) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001) (38 U.S.C. 4212) 52.222-36 Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212) 52.222-41 Service Contract Act of 1965, As Amended (May 1989) (41 U.S.C. 351, et seq); 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351 et seq) 52.222-43 Fair Labor Standards Act and Service Contract Act?Price Adjustment (Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.) 52.232.33 Payment by Electronic Funds Transfer ? Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) End of Clause 52.211-15 Defense Priority and Allocation Requirements (Sep 1990) Closing date and time for receipt of offers is September 16, 2004, 4:30 p.m., Eastern Daylight Savings Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427. Offers may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price, FOB point; payment terms and any discount offered for prompt payment, the business size standard and any minority classification; delivery date, and Representation and Certifications contained in FAR Clause 52.212-3, including Alternate I. See Numbered Note 1. Enclosure (1) to COMDTINST 4200.14 NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair nd 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 Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard 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 that a Coast Guard 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 Coast Guard 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 at FAR 33.103(d)(2). 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 refilling 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 forwarded to the address below: Commandant (G-CPM-S/3) 2100 2nd Street, SW, Room 2606 Washington, D. C. 20593 Telephone (202) 267-2285 Fax: (202) 267-4011
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