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Notice Type: Combine Solicitation
Subject: WINCH DRUM POWER OPERATED
Classification Code: 20 - Ship and marine equipment
Solicitation Number: HSCG40-14-Q-AN193
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, 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. This solicitation is a Request for Quotation (RFQ). All correspondence regarding this acquisition shall reference Solicitation number HSCG40-14-Q-AN193. The incorporated clauses and provisions are those in effect through the Federal Acquisition Circular 2005-76 (
FAR 52.211-8, TIME OF DELIVERY (
PLACE OF DELIVERY- DESTINATION (A) All parts shall be delivered to the following address between the hours of
NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. FAR 52.212-1 INSTRUCTIONS AND NOTICE TO OFFERORS - COMMERCIAL ITEMS (
SUBMISSION Quotes shall be submitted electronically to Mia.R.Mayers@uscg.mil no later than
DHS Notice to Offerors: It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit Other than Certified Cost or Pricing Data (in accordance with FAR 15.403-3) to support price negotiations. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (
PRICE: The Government will evaluate price for reasonableness. Offerors are required to provide prices for all items/CLINs. All prices on CLINS shall be a firm-fixed price and shall indicate FOB Destination as referenced in FAR 52.247-34 (
TECHNICAL EVALUATION In order for an offeror to be determined technically acceptable, offerors must complete the below certification and submit documentation verifying that they are able to provide the required parts.
"I HEREBY CERTIFY ON BEHALF OF _________________________________ (insert offeror name), IS AN AUTHORIZED DISTRIBUTOR/DEALER FOR RAM WINCH & HOIST AND THAT ALL PARTS TO BE PROVIDED UNDER THE RESULTANT CONTRACT SHALL BE ONLY GENUINE RAM WINCH & HOIST.
_________________________________________ NAME OF AUTHORIZED CORPORATE OFFICER
_________________________________________ TITLE _____________________________________ DATE
Failure to comply with this certification, and submit the required supporting documentation with your original proposal may render your proposal unacceptable and your proposal may be rejected. Offerors are required to submit verification in the form of a letter from the authorized distributor; or any other written confirmation fully demonstrating that they have the capability of procuring the required OEM parts.
PAST PERFORMANCE Past performance shall be evaluated on previous contracts completed within the last three (3) years or currently in process for the same type of services that are being solicited under this requirement. Contracts may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers. The Company shall include past performance information for any major subcontractors to be utilized during the performance and must be relevant to the scope of work they may perform under the contract resulting from this solicitation. The Company shall submit at least three (3) contracts completed within the last three (3) years or currently in process for the same type of services that are being solicited under this solicitation. References other than those provided by the Company may be contacted by the Government to obtain additional information that shall be used in the evaluation of the Company's past performance. The Government may waive the submission of past performance information by a Company if adequate data already exists on file with this office.
Pricing is requested on an FOB Destination basis, with shipping included in the unit price. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (
FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (
Offerors must include a copy of the provision at FAR 52.212-3 Alternate I (
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (
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 (1) a brief statement that a warranty exists; (2) the substance of the warranty; (3) its duration; and (4) whom to notify if the supplies are found to be defective. For commercial items, the contractor's trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.
NOTE Failure to prepare for shipment any item, and/or mark all packages, boxes, etc. as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (
Test and Inspection Reports shall be submitted IAW attached Specification FAR 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause) HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (
INSPECTION AND ACCEPTANCE: MATERIAL INSPECTION AND RECEIVING REPORT At the time of each delivery of supplies under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include: * An authorization number such as the contract/task order number. * Product or service description, including contractual documents line item number. * Quantities shipped (if applicable). * Date(s) property or services were accepted. * Signature, printed name, title, telephone number, and mailing address of the receiving official. One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information Only."
GOVERNMENT ACCEPTANCE (DESTINATION) Final Inspection and acceptance shall be made by a Government representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of the attached document - Specification, R-583-0222
CONTRACT ADMINISTRATION DATA: ADDRESS OF CORRESPONDENCE All correspondence, except as otherwise specified, shall be delivered to the following address:
CONTRACT ADMINISTRATION The Contracting Officer or authorized representative, located at the
INVOICING REQUIREMENTS: (a) All information set forth in FAR Clause 52.232-25, Prompt Payment, must be included in an invoice for it to constitute a proper invoice. The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment. (A) Invoices shall include: 1) Contract Number, Delivery Order Number, DOC Number 2) Name and Address of the Contractor 3) Invoice Number and Invoice Date 4) DUNS Number 5) Name of the Contract Specialist and Contracting Officer's 6) Description, quantity, unit of measure, unit price and extended price 7) Invoice Routing Code (IRC): SFLC -2 8) Indicate Small Business Status 9) Indicate if Final Invoice, the Contractor's final invoice submitted under the contract must be marked as follows: ″THIS INVOICE CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award). 10) The overall percentage and dollar amount previously billed, currently billed and unbilled, 11) Shipping and Payment Terms 12) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice.
1. The Contractor shall forward invoices via e-mail Andrew.J.Ollerman@uscg.mil to the Contracting Officer's Technical Representative (COR). Copies of the invoice along with any supporting documentation shall also be e-mailed to the contract specialist at Mia.R.Mayers@uscg.mil.
2. The COR shall review and verify invoices, sign the invoice and return the invoice to the Contractor.
3. The Contractor shall complete the Contractor Invoice Submission Form (listed below).
4. The Contractor shall submit the Contractor Invoice Submission Form, a PDF file of the invoice, and any necessary documents for supplies or services via the U.S. Coast Guard Finance Center website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm
Failure to submit a complete invoice to the office listed above may delay payment of invoices. Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and
UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL (a) The Contractor shall not accept any instructions issued by any person employed by the
GOVERNMENT REPRESENTATIVES (a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment. (b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.
STANDARD COMMERCIAL WARRANTY: If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customer. Offerors are requested to state the terms and conditions of their standard commercial warranty and attach a copy of the warranty terms with their offer.
WITHHOLDING PAYMENT FOR NONDELIVERY OF DATA (a) If technical data such as plans, drawings, reports, spare parts lists, repair parts lists, or the like, or instruction books (including manuscripts or printer's copy) or any part thereof, are not delivered within the time specified by this contract are deficient upon delivery, the Contracting Officer shall, at his/her discretion, withhold from each invoice a percentage of the contract price in accordance with the following table:
When Contract Total Price is Percentage to be withheld is Less than
(b)The withholding of any sums pursuant to this clause shall not be construed as, or constitute in any manner, a waiver by the Government of the Contractor's obligation to furnish the data required under this contract. In the event the Contractor fails to furnish these items, the Government shall have those rights and remedies provided by law and pursuant to this contract in addition to, and not in lieu of, the sum withheld in accordance with this clause.
CONTRACTOR PERFORMANCE ASSESSMENT REPORT (CPAR) https://www.cpars.gov/index.htm (a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror's past performance of this contract and prepare a Contractor Performance Assessment Report (CPAR) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award. (b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC's assessment of its performance entered into CPARS. The contractor's response, if any, will be made part of the CPAR system. (c) INFORMATION: Information included in the CPAR may include, but is not limited to, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; the contractor's record of integrity and business ethics, and generally, the contractor's business-like concern for the interest of the customer. (d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor. This solicitation may incorporate one or more provisions and clauses by reference with the same force and effect as if they were given in full text. The full text of a provision or clause may be accessed electronically at the following link: http://farsite.hill.af.mil/vffara.htm.
FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED=PRICE (
FAR 52.246-4 INSPECTION OF SERVICES - FIXED PRICE (
FAR 52.233-2 SERVICE OF PROTEST (
HSAR 3052.209-70, Prohibition on Contracts with Corporate Expatriates (
(b) Definitions. As used in this clause:
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.
(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 for 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 already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. RESPONSIBILITY 1. The Government reserves the right to perform Pre-award surveys for the purpose of further confirming the capabilities of the Offerors. 2. The Offerors must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR) Subpart 9.1 to be eligible for award.
FAR 52.232-15 PROGRESS PAYMENTS NOT INCLUDED (
NOTICE OF PREAWARD SURVEY (a) Offerors are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation.
(b) Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award. HSAR 3052.209-79 Representation By Corporations Regarding a Felony Criminal Violation Under any Federal or State Law or Unpaid Federal Tax Liability (
(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (
FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of Provision)
The closing date and time for receipt of quotations is due
It is the policy of the
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.
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
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
Election of Forum. After an interested party protests a
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