SOLICITATION NOTICE
20 -- 140 FOOT (WTGB) MUFFLER, ENGINE EXHAUST SILENCER - JOTFOC
- Notice Date
- 3/18/2014
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 332313
— Plate Work 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
- HSCG40-14-Q-60742
- Archive Date
- 4/11/2014
- Point of Contact
- Ronald Almond, Phone: 410-762-6739, Erin Dugan, Phone: 410-762-6725
- E-Mail Address
-
ronald.almond@uscg.mil, erin.t.dugan@uscg.mil
(ronald.almond@uscg.mil, erin.t.dugan@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- JOTFOC This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.603 and the additional information included in this notice. 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 Solicitation No. HSCG40-14-Q-60742. This solicitation and the incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-72 effective January 30, 2014. The applicable North American Industry Classification Standard Code (NAICS) is 332313 and the Small Business Size Standard is 500 employees. The U.S. Coast Guard, Surface Forces Logistics Center (SFLC), CPD3/SSD, intends to award a firm fixed-price Contract for the purchase of nine (9) each, Muffler, Engine Exhaust Silencers, Burgess-Manning Part No. DPSS-16, in support of the 140' (WTGB), Service Life Extension Program (SLEP) Program. These assemblies are currently installed onboard 140' (WTGB) Bay Class Ice Breaker Tugboats. Pursuant to FAR 6.301-2, it is anticipated that a non-competitive contract shall be awarded to the Original Equipment Manufacturer (OEM), Peerless Mfg. Co. (PMFG, Inc.), as a result of this synopsis/solicitation. It is the Government's belief that Peerless Mfg., Co. (PMFG, Inc.), is the only known source that can manufacture these assemblies in accordance with OEM design specifications, drawings, technical data, material requirements, and standards, ensuring compatibility and interchangeability with the existing assembly onboard the 140' (WTGB) Bay Class Ice Breaker Tugboats. Drawings, specifications and technical data are proprietary to the OEM and cannot by furnished by the Government. Concerns that have the expertise and required capabilities to provide the Muffler, Engine Exhaust Silencers are invited to submit an offer, demonstrating their capabilities in accordance with the requirements stipulated in this synopsis/solicitation. Contractor shall conform to the following Packaging, Preservation, and Marking Instructions: Each Muffler shall be individually packaged in its own stackable wooden shipping crate complete with an attached skid type base. Crate shall be capable of providing adequate damage protection for the item during multiple shipments and long term storage. Marking: Each crate shall be marked clearly in permanent ink with stock number, noun name, unit of issue and contract or purchase order number. Proposals shall be submitted electronically to: Ron Almond, Contract Specialist, Email: ronald.almond@uscg.mil and must include the following information: (i) Pricing: 1. NSN 2990 01 LG0 4191, Muffler, Engine Exhaust Silencer, Part Number: DPSS-16 Unit Price: _____________ Qty. Nine (9) Each Total Price: ___________ Pricing is requested on an FOB Destination basis, with shipping included in the unit price. If proposing FOB Origin shipping terms, offerors shall include estimated shipping costs with their proposal. (ii) Delivery: The Government requires delivery of supplies within ten (10) calendar days after award. 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. U.S. Coast Guard, SFLC 2401 Hawkins Point Road Bldg. 88, Receiving Room Baltimore, MD 21226-5000 (iii) 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. (iv) 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. (v) 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: 1) Paragraph (b) Submission of offers - The offeror shall be the OEM or an authorized dealer for Peerless Mfg. Co. (PMFG, Inc.). Authorized dealers shall submit documentation/certification as an authorized agent for the OEM as part of their proposal package. Offers submitted by other than the OEM 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. 2) 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. Evaluation: FAR Provision 52.212-2, Evaluation-Commercial Items (Jan 1999) will not be used to evaluate proposals. The following evaluation procedures shall apply: This is a sole source requirement for OEM parts as defined by FAR 6.302-1. Only one proposal is anticipated; therefore, in accordance with FAR Part 15.002, evaluation factors are not necessary and will not be used. If multiple offers are received from authorized OEM dealers, award will be based on the lowest priced technically acceptable offer. 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 (Nov 2013)-(ii) Alternate I (Apr 2012) Offerors shall complete only paragraph (b) of this provision if the offeror HAS completed the annual representations and certifications electronically at 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 (Sep 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). 3) 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 - Commercial (Jan 2014) 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 (Feb 2012), 52.209-6, Protecting the Government's Interest when subcontracting with Contractors debarred, suspended, or proposed for debarment (Dec 2010) (31 U.S.C. 6101 note), 52.209-10, Prohibition on Contracting With Inverted Domestic Corporations (May 2012); 632(a)(2))., 52.222-3, Convict Labor (Jun 2003)(E.O. 11755), 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Jan 2014)(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), 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O..'s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury), 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Jul 2013) (31 U.S.C. 3332). (vi) 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, Dissemination of Contract Information (Dec 2003) HSAR 3042.242-72, Contracting Officer's Technical Representative (Dec 2003). (vii) The closing date and time for receipt of offers is March 12, 2014, 12:00 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 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 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 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 in 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 FAX: 202.475.3904 The Ombudsman Hotline telephone number is 202.372.3695.
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