SOLICITATION NOTICE
61 -- Synchro Signal Converters - Attachment I, Provisions and Clauses
- Notice Date
- 7/19/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 335313
— Switchgear and Switchboard Apparatus Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC), 2401 Hawkins Point Road, Building 31, Mail Stop 26, Baltimore, Maryland, 21226-5000, United States
- ZIP Code
- 21226-5000
- Solicitation Number
- HSCG40-12-R-26001
- Archive Date
- 8/7/2012
- Point of Contact
- Martine Duvall, Phone: 410-762-6207
- E-Mail Address
-
martine.m.duvall@uscg.mil
(martine.m.duvall@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- Provisions and Clauses The U.S. Coast Guard Surface Forces Logistics Center, WMEC Product Line, has a requirement for the following items: 1. NSN 6130 01-583-2884 CONVERTER, SYNCHRO SIGNAL AMP OEM Part number: BBG-USCG-SSCS OEM: BBG, Inc. Quantity: 3 each Delivery: 1 - 08/30/2012; 10/30/2012; 1 - 12/30/2012; Descriptive Data: Eight channel 125VA Synchro booster amplifier system; 270' WMEC IC Switchboard 901-WMEC-431-003, Synchro Signal conversion system, 400HZ, consisting of 1 complete assemblage of cabinet hardware, power supplies and electrical circuitry necessary to transform specified synchro signals to other forms; To be IAW with Spec 901-WMEC-426-002, DTD 23 April 2006, CG Yard Electrical Engineering. (Note: Item to include 2 identical independent converters to include enclosure, front panel, cable, manual and test report to be mounted on a common mounting bracket, plate, or shelf.) 2. NSN 6130 01-583-2875 CONVERTER, NMEA TO SYNCHRO OEM Part number: BBG-7144E OEM: BBG, Inc. Quantity: 3 each Delivery: 1- 08/30/2012; 1 - 10/01/2012; 1 - 12/30/2012 For the 270' WMEC IC Switchboard 901-WMEC-431-003, Data acquisition system, converting NMEA (VBM) own ships speed information to 90 VAC synchro. information. The unit shall be capable of supporting the MK-92 fire control system 3. NSN 7050 01-582-7081 CONVERTER, ANALOG TO DIGITAL OEM Part Number: BBG-7244E Quantity: 3 each Delivery: 1 - 08/30/2012; 1- 04/14/2013; 1 - 04/24/2013 For the 270' WMEC IC Switchboard, Unit Design: Cabinet; Interface Type: Centronics; Voltage in volts and current type: 11.5 AC; Frequency: 40 HZ; No other technical data is available from this Agency. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format outlined in FAR Subpart 12.6, Federal Acquisition Circular (FAC) 2005-59 (May 2012), and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested, and a written solicitation will not be issued. The NAICS code for this solicitation is 335313, and the Small Business Size Standard is 750 employees. This synopsis/solicitation is issued pursuant to FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The items are needed to meet critical Mission Effectiveness Project (MEP) Availabilities for 270' Medium Endurance Cutters. Furthermore, it is the Government's belief that only the Original Equipment Manufacturer, BBG, Inc. possesses the necessary technical and engineering data to successfully manufacture these part numbers with the exact form, fit, and function to mount and interface with the current electronic systems. The proprietary data was not obtained at the time the original equipment was purchased, and the drawings and specifications are not available to develop an appropriate purchase description for full and open competition. BBG, Inc. also does not currently have any authorized distributors for these items. Concerns having the expertise and required capabilities to provide these items are invited to submit complete information discussing the same within one (1) calendar day from the day this notice is posted. It is anticipated that a fixed price contract will be awarded using FAR Part 12, Commercial Item Acquisition Procedures, and FAR Part 15, Contracting by Negotiation. Proposals shall be submitted via email to Martine.M.Duvall@uscg.mil. and must include the following information: PRICING Pricing is requested FOB Destination, with shipping included in the Unit Price. If quoting FOB Origin, please provide an estimated shipping price and see Attachment II for shipping instructions. a. CONVERTER, SYNCHRO SIGNAL AMP; NSN 6130 01-583-2884 Unit Price: ___________ Quantity: 3 each Total Price: ___________ FOB Origin Shipping (if applicable): ____________ b. CONVERTER, NMEA TO SYNCHRO; NSN 6130 01-583-2875 Unit Price: ___________ Quantity: 3 each Total Price: ___________ FOB Origin Shipping (if applicable): ____________ c. CONVERTER, ANALOG TO DIGITAL; NSN 7050 01-582-7081 Unit Price: ___________ Quantity: 3 each Total Price: ___________ FOB Origin Shipping (if applicable): ____________ DELIVERY SCHEDULE Delivery is requested to: U.S. Coast Guard, SFLC, Receiving Room Bldg. 88, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, on or before dates listed above. Proposed delivery dates if you cannot meet the required dates above: ___________________. PRESERVATION, PACKAGING and MARKING Each item shall be individually preserved, packaged, marked, and bar coded in its own wooden crate in accordance with Attachment II including Specification SP-PP&M-001 Rev. I Dated 05/01/10. INSPECTION/ACCEPTANCE Final inspection and acceptance shall take place at destination after verification of individual preservation, packaging, and marking requirements and confirmation of no damage during transit. EVALUATION The use of evaluation factors and FAR 52.212-2 Evaluation - Commercial Items is not applicable to this requirement. This is a sole source requirement in accordance with FAR 6.302-1. The Government anticipates contracting solely with the OEM, BBG. Inc. The OEM does not have any authorized distributors or dealers for this product; therefore, the use of evaluation factors is not considered to be necessary, see FAR 15.002(a) and FAR 12.301(c). It is the Government's intent to award without discussions with offerors. FAR PROVISIONS AND CLAUSES The following FAR provisions and clauses apply to this solicitation and are incorporated by reference. FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations - Representation (May 2011); FAR 52.212-1, Instructions to Offerors-Commercial Items (Feb 2012); FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Apr 2012) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their proposal if not registered electronically at www.ORCA.gov. FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Feb 2012). Offerors may obtain full text versions of these clauses electronically at http://farsite.hill.af.mil/vffara.htm. 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 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; 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 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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) Additional applicable provisions and clauses are incorporated via Attachment I. Offerors must complete FAR 52.209-5 and return Attachment I with their proposal. All responsible sources may submit a proposal, which if timely received, shall be considered by the Agency. Companies must have a valid DUNS number and be registered with Central Contractor Registration (CCR) and shall provide the company Tax Information Number (TIN) with their offer. 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 Government 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 applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. 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 in 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. 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-9131) U S COAST GUARD OMBUDSMAN PROGRAM FOR AGENCY PROTESTS 2100 2ND ST SW STOP 7112 WASHINGTON DC 20593-7112 The Ombudsman Hotline telephone number is 202.372.3695.
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