SOLICITATION NOTICE
K -- Engine Test Cell Upgrade & Sustainment, Building 100, USCG Aviation Logistics Center, Elizabeth City, NC - SOO & Other Attachments
- Notice Date
- 10/28/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 488190
— Other Support Activities for Air Transportation
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, HU25, HH65, H60J, C130, ESD, IOD, ISD, CASA or ALD, Elizabeth City, North Carolina, 27909-5001, United States
- ZIP Code
- 27909-5001
- Solicitation Number
- HSCG38-10-R-410009
- Point of Contact
- Ginger G Woodington,
- E-Mail Address
-
ginger.g.woodington@uscg.mil
(ginger.g.woodington@uscg.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Facility Drawing Additional Clauses & Paragraphs Instructions, Conditions, and Notices; and Source Selection Procedures and Criteria SAMPLE Vendor Response Matrix Statement of Objectives (SOO) SF1449 SAMPLE Schedule of Firm Fixed Price Work This is a combined synopsis/solicitation for commercial item design, upgrade, modification and sustainment of the ATF3 Jet Engine Test Cell and the T-700-GE-401 Engine Turboshaft Test Cell located in Building 100 at the USCG Aviation Logistics Center in Elizabeth City, NC, prepared in accordance with the procedures in FAR 12, 13.5 and 15, as supplemented with additional information included in this notice. Solicitation number HSCG38-10-R-410009 has been assigned to this procurement for tracking purposes only. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular 2005-37. The procurement is being competed on a total small business set-aside basis. Selection will be made based on best value procedures. North American Industry Classification System (NAICS) Code 488190, which has a size standard of $7M total annual revenue, applies. A firm fixed price contract with a base period for the upgrades and warranty, and potential four one-year prepriced option periods for subsequent sustainment of equipment, hardware, software, and spare parts, renewable annually at the Government's discretion, is intended to result from this solicitation. A written Statement of Objectives (SOO) is attached. Additional attachments include a SF1449, sample schedule of firm fixed prices, sample vendor response matrix, instructions, conditions and notices, source selection procedures and criteria, additional clauses and paragraphs, and facility drawings. All interested parties should contact Mrs. Ginger Woodington, Contract Specialist, at Ginger.G.Woodington@uscg.mil NLT 7 calendar days from the date of this posting to obtain information regarding the Industry Day, which is scheduled for November 10, 2009. A request for base access on company letterhead identifying attendees by name, date of visit, building number, and purpose of visit must be submitted at least 2 days prior to the date of the Industry Day. Attendees may take photographs of the site. Existing photographs are available by electronic mail upon request. All questions must be received within 5 calendar days of the Industry Day. The Government will not reimburse offerors for costs incurred in attending the Industry Day or in providing proposals/solutions. Technical proposals, at a minimum, must include the statement of work, performance metrics and measurement plan, and quality assurance plan. Manufacturers' data sheets for all proposed equipment, hardware, and software is required. The Contractor is encouraged to provide an innovative approach/solution on its best terms, making certain to address all elements and requirements of the Statement of Objectives (SOO) and attachments. The successful offeror's statement of work, performance metrics and measurement plan, quality assurance plan, and manufacturers' data sheets will become the property of the Government and may be issued with the contract award. A separate pricing proposal is required. Department of Labor (DOL) wage determinations, if applicable, must be clearly identified. Any proposed construction work must be clearly identified as such and must be minimal in terms of labor and cost. Only minor construction integral to the work may be permitted. Wage-related clauses will be added to the successful offeror's statement of work and resulting contract based on the work proposed. The closing date for receipt of proposals is November 30, 2009, 3:00 pm EST. Proposals may be sent to USCG Aviation Logistics Center, Attn: Receiving Section, Bldg. 63, Elizabeth City, NC 27909-5001, ATTN: Ginger Woodington, Contract Specialist. Facsimile and/or electronic offers are not acceptable. Point of contact is Mrs. Ginger Woodington at ginger.g.woodington@uscg.mil. FAR 52.212-2, Evaluation - Commercial Items (Jan 1999) Evaluation factors for award are listed in descending order of importance and together are more important than offered price: technical capability/best solution for meeting the Government's objectives, past performance, experience, quality indicators, and SDB participation program. FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2009) --Offerors shall include a completed copy of this provision with their offer or complete only paragraph (b) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference. The full text of a clause may be accessed electronically at this/these address(es): FAR: http://www.arnet.gov/far/ HSAR: http://www.dhs.gov/xlibrary/assets/opnbiz/DHS_HSAR_With_Notice_05-01.pdf FAR 52.212-1, Instructions to Offerors - Commercial Items (Jun 2008); FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2009); FAR 52.211-15, Defense Priority and Allocation Requirement (Apr 2008); FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998); FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Sep 2009); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government (Sep 2006), Alternate I (Oct 1995); FAR 219-6 Notice of Total Small Business Set-Aside (Jun 2003); FAR 52.219-8, Utilization of Small Business Concerns (May 2004); FAR 52.219-9, Small Business Subcontracting Plan (Apr 2008); FAR 52.219-14 Limitations on Subcontracting (Dec 1996); FAR 52.219-16, Liquidated Damages-Subcontracting Plans (Jan 1999); FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008); FAR 52.219-28, Post Award Small Business Program Representation (Apr 2009); FAR 52.222-3, Convict Labor (Jun 2003); FAR 52.222-19, Child-Labor-Cooperation with Authorities and Remedies (Aug 2009); FAR 52.222-21, Prohibition of Segregated Facilities (Feb 1999); FAR 52.222-26, Equal Opportunity (Mar 2007); FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006); FAR 52.222-36, Affirmative Action for Workers with Disabilities (June 1998); FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (Sep 2006); FAR 52.222-41 Service Contract Act of 1965 (Nov 2007); FAR 52.222-50 Combating Trafficking in Persons (Feb 2009); FAR 52.225-1, Buy American Act-Supplies (Feb 2009); FAR 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008); FAR 52.228-5, Insurance - Work on a Government Installation (Jan 1997) with limits as identified in FAR 28.307-2 Liability; FAR 52.232-1 Payments (Apr 1984); FAR 52.232-18 Availability of Funds (Apr 1984); FAR 52.232-28 Invitation to Propose Financing Terms (Oct 1995); FAR 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003); FAR 52.233-3, Protest After Award (Aug 1996); FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004); FAR 52.237-1, Site Visit (Apr 1984); FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984); FAR 52.242-13 Bankruptcy (Jul 1995); HSAR 3052.228-70 - Insurance (Dec 2003); HSAR 3052-242-72 Contracting Officer's Technical Representative (Dec 2003) HSAR 3052.209-70 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 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 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; 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. 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) 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 form. 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 at 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 Telephone 202-372-3695 Fax: 202-475-3904
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/USCG/USCGARSC/HSCG38-10-R-410009/listing.html)
- Place of Performance
- Address: United States Coast Guard Base, 1664 Weeksville Road, Elizabeth City, North Carolina, 27909, United States
- Zip Code: 27909
- Zip Code: 27909
- Record
- SN01993763-W 20091030/091028235140-c95baae63799498da890b31ffccd6596 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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