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16 -- Misc Aircraft Parts

Solicitation Number: HSCG38-06-Q-100032
Agency: Department of Homeland Security
Office: United States Coast Guard (USCG)
Location: Commanding Officer, USCG Aviation Logistics Center
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HSCG38-06-Q-100032
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Combined Synopsis/Solicitation
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Added: September 8, 2006
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotations are being requested and a written solicitation will not be issued. This Request for Quotation (HSCG38-06-Q-100032 incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-12. The applicable North American Industry Classification System (NAICS) code is 336413. The small business size standard is 1,000 employees. The contract will be awarded using simplified acquisition procedures in accordance with FAR Part 13.5. The contract will be awarded as a firm fixed price contract. The award will be in accordance with FAR 6.302-1. The USCG intends to negotiate on a limited source basis with Dassault Aviation, or a responsible contractor who can provide a Certificate of Conformance (COC) with traceability to the OEM for the purchase of the listed items. Tracebility means that the awardee must be able to show a clear, documented, auditable paper trail for ownership and transfer of each part, from the OEM to the final vendor. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. All responsible sources may submit a quote, which shall be considered by the Agency. All parts must be OEM certified or if the awardee is other than the OEM, the awardee must be capable of providing OEM manufactured parts with traceability.

Please submit prices that include quantity discounts, if applicable, on the following item: NSN 5975-01-HS1-7841, P/N MY20277-15, Nomenclature Sealed box, assy, Quantity 1 each, MFG F6117. Item is considered ?Flight Critical? to the mission of the Coast Guard. Inspection shall be by Certificate of Conformance (COC) and acceptance shall be performed by ARSC receiving personnel. Item is subject to inspection by ARSC Quality Assurance personnel for condition. This part is to be used on the HU25 Dassault Falcon Aircraft.



DESIRED/REQUIRED DELIVERY: Desired delivery is 180 days after receipt of order. Required delivery is 365 days after receipt of order.



PLACE OF DELIVERY: Delivery will be made to USCG, Aircraft Repair and Supply Center, Receiving Section, Bldg. 63, Elizabeth City, NC 27909 marked for: Field Stock (00001).



FOB POINT: F.O.B. Destination applies, all other offers submitted on a basis other than F.O.B. Destination will not be considered for award.



PACKING SLIP: At the time of each delivery of supplies or services under this contract, the contractor must furnish to the Government a properly completed packing slip. This packing slip must include the following information: 1) National Stock Number (NSN), 2) Part Number (P/N), 3) Nomenclature, 4) Purchase Order Number, 5) Line Item Number, and 6) Quantity. One copy of the packing slip shall be attached to the outside of the shipping container.



PACKAGING/MARKING: The contractor shall comply with ASTM D 3951-98 (Re-approved 2004) Standard Practice for Commercial Packaging. Each package shall be individually labeled on the outside with the NSN, P/N, Quantity, Nomenclature, Contract Number, and Line Item Number. Labeling data shall be attached to the outside of the shipping container. Contractor must furnish a Certificate of Conformance (COC) for material including traceability to the OEM and this documentation shall be placed on the outside of the shipping container or package. The internal packaging material shall be sufficient to prevent damage during shipment, handling and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage with temperatures ranging from 95 to 40 degrees Fahrenheit and high humidity for a period of one year. Packaging material shall not consist of popcorn, shredded paper, styrofoam of any type, or peanut style packaging. Bar coding is authorized, however not mandatory. AOG situations require highly visible lettering on the outside of the container.



CERTIFICATE OF CONFORMANCE AND TRACEABILITY: The Contractor shall furnish a Certificate of Conformance (COC) and traceability documentation from the Original Equipment Manufacturer (OEM) for material under this contract. All documentation shall be attached to the outside of the shipping carton. A copy of the COC must be attached to the invoice. Failure to do so will result in a delay in payment.



ACQUISITION REQUIREMENTS ARE FOR NEW MATERIAL ONLY: Acquisition requirements are for new material only. Reconditioned or used material is unacceptable.



The following Federal Acquisition Regulation and Homeland Security Acquisition Regulations, Provisions and Clauses apply:



FAR 52.212-1 Instructions To Offerors- Commercial Items (Jan 2006)



FAR 52.212-2 Evaluation Commercial Items (Jan 1999)

Award will be made utilizing the following factors: price, delivery, past performance, and quality.



FAR 52.212-3 Offeror Representations and Certifications Commercial Items (Jun 2006) Alt I (Apr 2002). An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certificates electronically at https://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 (b) through (i) of this provision.



FAR 52.212-4 Contract Terms and Conditions Commercial Items (Sep 2005) is tailored as follow to include below additional clauses.





ADDENDUM



FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)



52.204-4 Printed or Copied Double-Sided on Recycled Paper (Aug 2000)



52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (Oct 1997) (Alt IV (Oct 1997)

(a) Submission of cost or pricing data is not required

(b) Provide information on the prices at which same or similar items have been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition.



52.242-13 Bankruptcy (Jul 1995)



52.246-15 Certificate of Conformance (Apr 1984), and the Coast Guard?s required Airworthiness Certification Requirements.



52.247-34 F.O.B. Destination (Nov 1991)



52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more 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. Also, the Full Text of a clause may be accessed electronically at this internet address; www.arnet.gov/far/







52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (Aug 2006)

Subparagraph (b) clauses:

52.203-6 Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402)

52.222-3 Convict Labor (Jun 2003) (E.O. 11755)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2006) (E.O. 13126)

52.222-21 Prohibition of Segregated Facilities (Feb 1999)

52.222-26 Equal Opportunity (Apr 2002) (E.O. 11246)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other .Eligible Veterans (Dec 2001) (38 U.S.C. 4212)

52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793)

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s, proclamations, and statutes 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 (Oct 2003) (31 U.S.C. 3332)

(End of Clause)



52.211-15, Defense Priorities and Allocations System Rating: DO-A1 (Sep 1990);





HOMELAND SECURITY ACQUISITION REGULATION (48 CFR CHAPTER 30) CLAUSES



3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES [JUN 2006]



(a) Prohibitions.

Section 835 of 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. 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 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 been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.



(End of clause)



3052.247-72 F.O.B. Destination Only (Dec 2003)



Closing date and time for receipt of quotes is 15 Sep 2006, 4:00 pm, Eastern Time. PRICES MUST REMAIN EFFECTIVE FOR 90 DAYS AFTER CLOSING OF SOLICITATION. Quotes may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price and extended price; FOB point must be destination; payment terms and any discount offered for prompt payment, the business size standard, any minority classification; and delivery date. All companies submitting a quote shall have a valid Vendor Cage Code and Dun & Bradstreet Number (DUNS) or the ability to get one. Facsimile Offers are acceptable and may be forwarded via fax number 252-334-5427, attention Melissa Deglau. Electronic submission may be sent to Melissa.A.Deglau@uscg.mil Enclosure (1) to COMDTINST 4200.14, NOTICE FOR FILING AGENCY PROTESTS, is attached.







Enclosure (1) to COMDTINST 4200.14





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 (G-851)

2100 2nd Street, SW, Room 2606

Washington, D. C. 20593

Telephone (202) 267-2285

Fax: (202) 267-4011

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Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aircraft Repair & Supply Center, HU25, HH65, H60J, C130, EISD, 130J or Support Proc Building 79, 75, 78, 19 or 63, Elizabeth City, NC, 27909-5001
:
Melissa Deglau, HU25 Contract Specialist, Phone 2523356143, Fax 2523345427, Email Melissa.A.Deglau@uscg.mil - Joyce Hudson, HU25 Contracting Officer, Phone 252-335-6142, Fax 252-334-5427, Email Linda.J.Hudson@uscg.mil