SOLICITATION NOTICE
59 -- Automatic Bus Transfers and Power Switching Units - Schedule of Supplies
- Notice Date
- 8/23/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423610
— Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant Wholesalers
- 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
- HSCG40-13-R-20493
- Point of Contact
- Florence D. Harwood, Phone: 410-762-6888
- E-Mail Address
-
florence.m.harwood@uscg.mil
(florence.m.harwood@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- This is the Schedule of Supplies listed in the Combined Synopsis. This attachment can be used for pricing submission. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.603 and as supplemented with the additional information included in this notice. FAR Subpart 13.5, Test Program for Certain Commercial Items, will be utilized for this acquisition. This announcement constitutes the only solicitation. Proposals are being requested, and a written solicitation will not be issued. All correspondence regarding this acquisition shall reference Request for Proposal (RFP) Number: HSCG40-13-R-20493. This solicitation and the incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-69. The applicable North American Industry Classification Standard Code (NAICS) is 423610, and the Small Business size standard is 100 employees. The U.S. Coast Guard Surface Forces Logistics Center (SFLC), WMEC Product Line, intends to award a firm, fixed price, requirements type contract, for one base year with options to renew for an additional four years, for the purchase of various automatic bus transfer parts. This is a BRAND NAME ONLY requirement. Alternate part numbers are not acceptable. The resultant contract may be extended by options only if the options are exercised. Delivery Orders will be placed against the resulting contract. Delivery orders will be individually funded. Pursuant to FAR 6.302-1, it is the government's intention to solicit and negotiate with ASCO Power Technologies or their authorized distributors only. It is the Government's belief that ASCO Power Technologies is the only known source that can manufacture the required parts in accordance with OEM design specifications, material requirements, and standards, ensuring compatibility with the existing onboard equipment. Concerns that have the expertise and required capabilities to provide these automatic switching parts are invited to submit an offer, demonstrating their capabilities in accordance with the requirements stipulated in this synopsis/solicitation. Drawings, specifications, and other technical data are proprietary to the OEM and cannot be furnished by the Government. Proposals shall be submitted electronically to: Florence Harwood, Contract Specialist, Email: Florence.m.harwood@uscg.mil and must include the following information: (1) SEE ATTACHMENT: Schedule of Supplies (to be inserted here as part of this Combined Synopsis Solicitation (2) Delivery, Packaging, Marking and BarCoding: The Government requires delivery of supplies within 120 calendar days after receipt of an order. The offeror's proposed delivery time shall be included with their proposal. If a proposed delivery time is not provided, the required delivery time shall apply. Each item shall be individually preserved, packaged, marked and bar coded in accordance with the attached Specification SP-PP&M-001, dated 05/10, and delivered to the following address M-F, 7:00am-1:00pm, EST: U.S. Coast Guard, SFLC 2401 Hawkins Point Road Bldg. 88, Receiving Room Baltimore, MD 21226-5000 (3) Marking of Warranted Items: Pursuant to the requirements of FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty. Markings may be brief but should include (i) a brief statement that the warranty exists, (ii) the substance of the warranty, (iii) its duration, and (iv) who to notify if the supplies are found to be defective. The contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and end users to identify warranted supplies. (4) Inspection and Acceptance: Final inspection and acceptance shall take place at destination after verification of preservation, packaging, and marking requirements and confirmation of no damage during transit. (5) THE FOLLOWING FAR PROVISIONS AND CLAUSES ARE APPLICABLE TO THIS SOLICITATION: Note: This solicitation incorporates one or more provisions and 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. The full text of a provision or clause may also be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm FAR Provision 52.212-1, Instructions to Offerors-Commercial Items (Jul 2013), is incorporated by reference. The following addenda apply: a) Paragraph (b) - REQUIRED TECHNICAL QUALIFICATIONS - The offeror shall be the OEM or an authorized dealer for ASCO Power Technologies. Authorized dealers/distributors shall submit documentation/certification as an authorized agent for the OEM as part of their proposal package. Offers submitted by other than the OEM, or an authorized distributor, shall include complete and current technical and engineering data (i.e. salient physical, functional, and performance characteristics) or data verifying that the required equipment has been satisfactorily manufactured for the Government or OEM in the past. This data must include sufficient information to allow the Coast Guard to evaluate the proposal and shall be submitted within 5 calendar days from the date this notice is posted. The Government does not intend to pay for any information that is submitted. b) FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, Alternate IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) If the Contracting Officer determines that discussions regarding the proposed prices are necessary, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market, or other supporting information, including cost summaries, supplier quotes, or verifiable changes in the price of raw materials or component parts, that is adequate for evaluating the reasonableness of the price for this acquisition. FAR Provision 52.212-2, Evaluation-Commercial Items (Jan 1999) will not be used to evaluate proposals. The following evaluation procedures shall apply: The Government will award a contract resulting from this solicitation to the lowest priced, technically acceptable offeror. To be technically acceptable, offerors must conform to the requirements as provided under addendum (a), provided above to FAR 52.212-1, Required Technical Qualifications. Award will be made on an ALL OR NONE basis, multiple awards will not be made. The Government intends to award without discussions with the offeror(s) unless the Contracting Officer determines that discussions are necessary. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. FAR Provision 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2013) is incorporated by reference with the following excerpt included: An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (Jul 2013) is incorporated by reference. The following addenda apply: 1) Paragraph (a) - replaced by FAR 52.246-2, Inspection of Supplies - Fixed Price (Aug 1996) 2) Invoicing Requirements: Submit invoices electronically to: http://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm or via mail to: USCG Coast Guard Finance Center, P.O. Box 4122, Chesapeake, VA 23326, or Fax to 757-523-5900. Mark For: Contract Number (as provided at time of award). Payment Terms: The Government's normal payment terms are NET 30; however, Offerors may propose discounts for prompt payment. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Aug 2013) applies to this acquisition and the following FAR clauses cited within the clause are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402) 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Jul 2013) 52.209-6, Protecting the Government's Interest when subcontracting with Contractors debarred, suspended, or proposed for debarment (Aug 2013) (31 U.S.C. 6101 note) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755) 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Mar 2012)(E.O. 13126) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) 52.222-26, Equal Opportunity (Mar 2007)(E.O 11246) 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (Sep 2010) (38 U.S.C. 4212) 52.222-36, Affirmative Action for Handicapped Workers(Oct 2010) (29 U.S.C. 793) 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (Sep 2010)(38 U.S.C. 4212) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) 52.225-1, Buy American Act -Supplies (Feb 2009) (41 U.S.C. 10a-10d) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Jul 2013) (31 U.S.C. 3332) (6) ADDITIONAL FAR CLAUSES AND PROVISIONS APPLICABLE TO THIS SOLICITATION: FAR Clause 52.204-1 Approval of Contract (Dec 1989): This contract is subject to the written approval of the Branch Chief, C&P 1, and shall not be binding until so approved. FAR Provision 52.209-7, Information Regarding Responsibility Matters (Jul 2013): (a) Definitions. As used in this provision-"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means-(1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management (SAM) database via www.sam.gov (see 52.204-99 DEVIATION (Aug 2012)). FAR Clause 52.216-18, Ordering (Oct 1995) is incorporated by reference with the following text fill in from paragraph (a) of the clause: (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the schedule. Such order may be issued from the award date through the contract expiration date. FAR Clause 52.216-19, Order Limitation (Oct 1995): (a) Minimum order: When the Government requires supplies or services covered by this contract in the amount of less than $1.00 per Delivery Order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order: The Contractor is not obligated to honor - (1) Any order for a single item in excess of $500,000.00, (2) Any order for a combination of items in excess of $2,000,000.00, (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) As this is a requirements contract (i.e. includes the Requirements clause at subsection 5.216-21 of the FAR, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitation in paragraph (b), unless that order(s) is returned to the office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item(s) called for and the reasons. Upon receiving this notice, the Government may require the supplies or services from another source. FAR Clause 52.216-21, Requirements (Oct 1995): (a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall no constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering Clause. Subject to any limitations in the Order Limitation Clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion of that order. FAR Provision 52.217-5, Evaluation of Options (Jul 1990) - Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirements. Evaluation of options will not obligate the Government to exercise the option(s). The execution of a contract does not constitute authority for the Contractor ship any quantity of the items for which it has received an award. Shipment will only be authorized by a formal Delivery Order issued by the U.S. Coast Guard Surface Forces Logistics Center (SFLC), against said contract. The quantities shown are estimates of the Coast Guard SFLC's annual requirements and are not definitely ordered hereby. However, upon award of a contract, the Coast Guard SFLC is obligated to order hereunder, such quantities as may be needed to fill its requirements for the items during the term of this contract. Except as otherwise provided for herein, the Contractor is obligated to provide all such quantities as may be required to accomplish each particular delivery order. FAR Clause(DEVIATION) 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (Aug 2012): This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. FAR 52.252-2, Clauses incorporated by Reference (Feb 1998): The following FAR provisions/clauses are incorporated by reference: 52.203-3, Gratuities (Apr 1984) 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber content Paper (May 2011) (7) Homeland Security Acquisition Regulations: The following Homeland Security Acquisition Regulations (HSAR) are hereby incorporated by reference with the same force and effect as if incorporated in full text. Full text versions of the clauses may be viewed electronically at http://farsite.hill.af.mil/VFFARA.HTM. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) HSAR 3052.242-72, Contracting Officer's Technical Representative (Dec 2003). (8) The closing date and time for receipt of offers is 30 August 2013, 2:00 PM EST. All responsible and responsive sources are invited to submit an offer which will be considered by this agency. Companies shall provide a valid DUNS, be registered with the System for Award Management (SAM) at www.sam.gov, and shall provide the company Tax Identification Number (TIN) with their proposal. 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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