SOLICITATION NOTICE
63 -- Purchase of Fog Horn Items - SDA Document
- Notice Date
- 8/31/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 335999
— All Other Miscellaneous Electrical Equipment and Component Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (C2CEN), USCG Command and Control Engineering Center, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703-2199, United States
- ZIP Code
- 23703-2199
- Solicitation Number
- HSCG44-11-Q-PC5054
- Archive Date
- 9/23/2011
- Point of Contact
- James A Lassiter, Phone: (757)686-2149
- E-Mail Address
-
james.a.lassiter@uscg.mil
(james.a.lassiter@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- SDA Document as referenced in the JOTFOC NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 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 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 forwarded to the address below: Commandant (CG-9131) U.S. Coast Guard Headquarters Procurement Planning & Oversight Division 1900 Half St. SW, JR11-0203 Washington, DC 20593 Telephone: (202) 372-3692 Fax: (202) 475-3904 Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request For Quote number RFQ HSCG44-11-Q-PC5054. This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-53. This procurement will be processed in accordance with FAR Part 12 and 13/13.5 Test Program for Certain Commercial Items. The North American Industry Classification System (NAICS) is 335999. The SBA size standard is 500 Employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive 2 or more Offers from qualified Small Business Concerns; therefore IAW FAR 19.502-2(a), This IS NOT A Small Business Set-A-Side. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA. 23703, intends to purchase on a non-competitive basis by awarding a Firm Fixed Price Purchase Order to: Automatic Power Inc. The proposed contract action resulting from this synopsis/solicitation for commercial items is the Government's intention to solicit and negotiate with only one source under the authority of FAR 6.302.1 and 13.106-1(b). Interested persons/parties may indentify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within 5 days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: Automatic Power Inc. Cage Code 28763. A current CCR Data Search and EPLS Data Search was conducted on this Contractor by the Contracting Officer. This Contractor is current/active in CCR and does not appear on the EPLS List. Data Search date: Aug/30/2011. This is a Sole Source Procurement. See attached JOTFOC Document below. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. This IS NOT A Small Business Set-A-Side. Due to the compatibility and parts/logistical support of existing USCG Systems & Components it is required that the Items are to be " OEM Specific" and therefore are to be manufactured by AUTOMATIC POWER INC. Only. Substitute proposed Brands will NOT be considered for award. Requirement is for items as listed below in Schedule B. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Items are to be New items. Used or Refurbished items are not acceptable. Due to the compatibility and parts/logistical support of existing USCG Systems & Components it is required that the items are to be Brand Specific, see JOTFOC below. Substitute proposed Brands will NOT be considered for award. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. The Required Delivery Date is 45 Days ARO. Unless otherwise stated all items will be required to be shipped to the USCG C3CEN 4000 Coast Guard Blvd., Portsmouth, VA 23703-2199. FIRM FIXED Price Proposals may be submitted on company letterhead stationery and must include the following information: Cost Breakdown, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is Sept/08/2011@7:00AM EST. Facsimile and Email quotes are acceptable and may be faxed to (757) 686-4018 or Emailed to the POC James A. Lassiter, Contracting Officer, james.a.lassiter@uscg.mil. *PLEASE NOTE* Interested Offerors are to provide Firm Fixed Prices and Delivery Information by Sept/08/2011@7:00AM EST. Delivery Information is to include the Shipping Terms the Offerer is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/GOV. If proposing FOB Origin, provide Shipping cost as a separate line item. Required Delivery Date is 60 Days ARO. Anticipated Award Date for the PO Contract is Sept/09/2011, this date is approximate and not exact. Schedule B Line Item 1: 300 each of- PN#9045-0910 PCB's (FA-232 Timer Card) Line Item 2: 200 each of- PN#3030-1307 (Driver Mounting Kit) PLEASE NOTE: THIS IS NOT A SMALL BUSINESS SET-A-SIDE. The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation-Commercial Items (a) Overall Best Value to the Government FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Offerors should be registered in CCR The Following FAR Clauses apply to this Acquisition: FAR 52.212-4 Contract Terms and Conditions-Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items The government intends to award a Purchase Order Contract resulting from this solicitation to the responsible bidder/offeror quotation conforming to the solicitation which will be most advantageous and Overall BEST VALUE to the Government, price and other factors considered. FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999)- award will be made to the Offeror proposing the Best Value to the Government considering specification, price, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (APR 2011) to include Alt I (APR 2002). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov FAR 52.212-4 Contract Terms and Conditions -Commercial Items (JUNE 2010) with the following addendas: FAR 52.252-2 Clauses Incorporated by Reference (FEB 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 FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders Commercial Items (AUG 2011), The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (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 Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)(38 U.S.C. 4212), FAR 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEPT 2010) FAR 52.225-1 Buy American Act-Supplies (FEB 2009) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724,13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) The above/following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. Justification For Other Than Full and Open Competition.(JOTFOC) (a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (1)Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition." USCG C3CEN (Command & Control Engineering Center) located in Portsmouth, VA. (2)Nature and/or description of the action being approved. Procurement of : 300 each FA-232 Sound Signal Timer Cards to be used as a technology refresh to extend the life of the FA-232 Sound Signal, and 200 each FA-232 Proprietary Driver Mounting Kit (3)A description of the supplies or services required to meet the agency's needs : C2CEN was designated the System Development Agent (SDA) for SRAN/ATON Fog Horns (see CG-64 5230 memo dtd 23 Feb 2010 attached as Enclosure 1). In order to carry out SDA duties, the existing FA-232 Fog Horns installed at Coast Guard Aids are over 40 years, and We are Doing a Technology Refresh to Extend their life another 10 Years. The FA-232 Timer Card (9045-0910) and the FA-232 Proprietary Driver Mounting Kit are required to refresh existing FA-232 sound signals that are currently in Coast Guard inventory. Estimated value: $250,000.00 (4)An identification of the statutory authority permitting other than full and open competition. IAW the Authority as stated in FAR 13.501(a)(1)(ii) Authority of the Test Program for Commercial Items(section 4202 of the Clinger-Cohen Act of 1996) 6.302-1 (2) (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components there, of, when it is likely that award to any other source would result in a substantial duplication of cost to the Government. (5)A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. Automatic Power is the sole manufacturer of the the FA-232 Timer Card (9045-0910) and the FA-232 Proprietary Driver Mounting Kit for use in the FA-232, including repair parts and does not sell this item through distributors (See Automatic Power letters dated 20 Jun 2010 attached as Enclosure 2 & 3). FA-232 Timer Card (also manufactured by Automatic Power). FA-232 Proprietary Driver Mounting Kit, there are currently 294 each FA-232 Sound Signal installed at Coast Guard ATON locations (210 locations as single stack configuration, 40 locations as dual stack configuration, 1 location (as quad stack configuration). In addition, FA-232 Sound Signal employs control interface circuitry which is compatible with other SRAN product line equipment (i.e. fog detectors, Audio Visual Controllers, etc.) used by the USCG that controls the other sound signals. The U.S. Coast Guard has been using API FA-232 sound signals since the early 1970's. All centralized training performed at the National Aids to Navigation (NATON) School is taught on sound signals supplied by API. Their sound signals are listed in COMDTINST M16500.3A, Aids to Navigation Manual-Technical as the standard signals used at solar powered and commercially powered lights. In addition to centralized training, the components are repaired at our Engineering Logistics Center (ELC) Laboratory under a mandatory turn-in program. The FA-232 operates at a frequency (pitch) that is suited to land-based stations where commercially available signals operate at a higher frequency deemed obtrusive by local residents and better suited to offshore platforms. (6)A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. A solicitation is to be posted on FEDBIZOPPS (7)A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Cost to replace all FA-232 horns in the system plus redoing all ATON training will be $3,300,000 vice the cost of this Tech Refresh cost of $250,000 (8)A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. Market research of ½ to 1 mile sound signals reveals multiple sources, but none of them meet the standardization requirements set forth in COMDTINST M16500.3A, the low operating frequency of the FA-232 to prevent noise complaints, compatible with the standard parts repaired at the ELC Lab and similar enough that teachings at the NATON School apply to their products. The API FA-232 sound signal uses components manufactured by them, or specially made for them by outside sources. Drawings detailing construction, tolerances and setup are proprietary to API. No other vendor sells the FA-232 sound signal as API is the only known source. Award to another vendor for a signal other than the FA-232 will result in substantial duplication of costs to the Coast Guard for training and support. (9)Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. Based on costs to completely replace the FA-232 in the Coast Guard. $2,200,000 to $2,800,000 would be cost to replace and an additional $500,000 to redo the existing Coast Guard Training Plan for a total of $3,300,000. (10)A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. N/A (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. None (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. (b) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. Technical: Alan Davis Contacting Officer: James A. Lassiter
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