Description
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation will not be issued. The solicitation is issued as a Request for Quotations. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-28. The requirement is being solicited as a 100% Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 13. The NAICS Code 336611 with a Small Business Size Standard of 1000 employees. The solicitation number is HSCG80-09-Q-3NA082. A Firm Fixed Price Purchase Order for the following Definitive and optional items is anticipated Place of Performance: USCGC ZEPHYR (WPC-8), 100 Singing River Island, Pascagoula, MS 39595. The Period of Performance will be from February 25, 2009 through March 26, 2009. Point of Contact for ship access is LTJG Justin Matejka at (228) 366-0741. DESCRIPTION OF WORK (a) The Contractor shall furnish all necessary labor, material, services, equipment, power, supplies, accessories, facilities and such other things as are necessary, except as otherwise specified, to perform dockside repairs and alterations to the vessel, in accordance with this solicitation and the attached USCGC ZEPHYR (WPC-8), 179Foot Cyclone Class Patrol Boat, Specifications for Dockside Repairs, 2009. (October 15, 2008 / Rev 1) (attached). (b) Failure to read the specifications in their entirety will not relieve the quoter from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the quoter’s risk. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about February 11, 2009. Work covered by this solicitation shall be completed within 30 calendar days from the date the vessel becomes available to the contractor. The availability is scheduled to start on or about February 25, 2009. Each quoter shall furnish the information required by the solicitation. SCHEDULE OF SUPPLIES/SERVICES: PRICING DATA: CLIN 0001 – Definitive Item, Preserve Weather Decks: 1 JOB, $__________ CLIN A – Optional Item, Composite Labor Rate: 90 HR at $_____ Hour, Total $_______ CLIN B – Definitive Item, GFP report: Not Separately Priced. CLIN C – Definitive Item, Travel and Per Diem: 1 JOB, $__________ (CLIN C is applicable only to contractors not within local commuting area (75 miles) of the vessel.) TOTAL PRICE OF DEFINITIVE AND OPTIONAL ITEMS $__________ Refer questions to Louis Romano, Contracting Officer (757)628-4651 or Stephen Clark, Contracting Specialist (757)628-4648. Quotes must arrive no later than 2:00 p.m. (Eastern Time) January 28, 2009. Quotations may be sent via the US Postal Service or hand delivered to: Commanding Officer (vpl-1), USCG MLC Atlantic, ATTN: Louis Romano, 300 E. Main Street, Suite 600, Norfolk, VA 23510. As per FAR 52.215-5 FACSIMILE PROPOSALS (OCT 1997), an offeror may submit facsimile quotes as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals. The telephone number for receiving facsimiles is: (757) 628-4675. Quotes to be submitted FOB Destination. Inspection and Acceptance is at destination. Vendors should include warrantee terms and conditions and prompt payment discounts with their quotation. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference and/or full text as required: 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 address: http://www.arnet.gov/far/index.html FAR 52.204-4 Printed or Copied Double-sided on Recycled Paper (AUG 2000) FAR 52.204-6 Data Universal Numbering System (DUNS) Number (JUN 1999) FAR 52.211-15 Defense Priorities and Allocation System Rating (APR 2008) D0 A3 rating FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.222-1 Notice to the Government of Labor Disputes (FEB 1997) FAR 52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alt I (JUL 1995) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.245-4 Government-Furnished Property (Short Form) (JUN 2003) HSAR 3052.209-72 Organizational Disclosure of Conflicts of Interest (JUN 2006) HSAR 3052.217-90 Delivery and Shifting of Vessel (DEC 2003) HSAR 3052.217-91 Performance (DEC 2003) HSAR 3052.217-92 Inspection and Manner of Doing Work (DEC 2003) HSAR 3052.217-93 Subcontracts (DEC 2003) HSAR 3052.217-95 Liability and Insurance (DEC 2003) HSAR 3052.217-96 Title (DEC 2003) HSAR 3052.217-97 Discharge of Liens (DEC 2003) HSAR 3052.217-98 Delays (DEC 2003) HSAR 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair (DEC 2003) HSAR 3052.217-100 Guarantee (JUN 2006) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003) HSAR 3052.223-90 Accident and Fire Reporting (DEC 2003) HSAR 3052.242-71 HSAR 3052.242-72 Dissemination of Contract Information (DEC 2003) Contracting Officer’s Technical Representative (DEC 2003) FAR 52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the performance of the numbered line items, identified in the Schedule as option items, at the unit prices stated in the Schedule. The option quantities shown in the Schedule are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract performance period. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of essence initial notification will be provided verbally followed within 24 hours by a facsimile of confirmation. A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at any phase during the contract performance period as stated herein, or any extension of the performance period. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, not later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option item shall be commenced as soon as proper sequencing permits. The exercise of any option item listed in the Schedule will not normally extend the contract performance period. However, the Contracting Officer may consider a request by the contractor for contract extension if an option is exercised after 50% of the contract performance period has expired. (End of Clause) The provision at FAR 52.212-1, Instructions to Offerors - Commercial Items (Jun 2008) applies (with the exception of paragraph f). Quotes must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Jun 2008), with its offer. The provision at FAR 52.212-2, Evaluation--Commercial Items (Oct 2008) Evaluation and Award: The government intends to award a contract resulting from this solicitation to the responsible offeror whose quote conforming to the solicitation provides the best value to the government. No other additional contractual terms and conditions are applicable. No Defense Priorities and Allocations System (DPS) rating are assigned. The provision at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items. (Jun 2008). Vendors are required to submit, a completed copy of the provision at Offeror Representations and Certifications - Commercial Items, with their quote. An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://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. (End of clauses.) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Oct 2008) ADDENDUM to FAR 52.212-4, HSAR Clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) prohibitions. Section 835 of Public Law 107-296, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated 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 1504of such Code shall be applied by substituting ‘more than 50 percent’ 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 series of related transactions)- (1) The entity completes after November 25, 2002, 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 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 after the date of enactment of this Act and 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 purpose 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 follow: (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, 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 submitted 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. (End of provision) COMPOSITE LABOR RATE: The composite labor rate offered shall be the sole labor hour rate used to price the prime contractor's direct labor hours for contract changes, i.e. growth work. The contractor shall not receive any compensation in addition to this rate for the prime contractor's direct labor associated with such changes under this contract. (a) The composite labor hour rate shall represent total compensation for the following: (1) direct labor wages and salaries; (2) all employee benefits including, but not limited to, paid leave, supplemental pay, insurance, retirement, savings, and legally required benefits; (3) other direct costs associated with transit time, delay, disruption, expendable supplies, and equipment; (4) all indirect costs such as overhead and general and administrative expense; (5) any port or association fees, rents, or other levies; (6) profit (fee); and (7) all direct and indirect costs and profit associated with the following support functions: Supervision and Management Planning and Estimating Material Handling Housekeeping Engineering Transportation/Drivers Quality Assurance Contract Administration Security Testing (b) The composite labor hour rate will be applied to production labor hours only. Production labor hours include only those hours necessary and reasonable to perform direct production functions and do not include the hours expended on the support functions listed above. This exclusion of support function hours applies whether such support functions are normally charged directly or indirectly by the contractor's accounting system. These support functions are to be priced into the composite labor rate quoted and shall not be separately compensated. (c) The Quantity of Composite Labor hours indicated in the Schedule of Supplies/Services, is only an estimate and is an Optional Item pursuant to this solicitation. The Estimated Quantity represents the Government’s best estimate of the total number of additional hours that may be required throughout the contract. The Government may elect to exceed this value at the prices stated in the schedule and its discretion during performance of the contract. The inclusion of this item does not obligate the Government to exercise the item nor entitle the contractor to compensation if not exercised. CONTRACTING OFFICER’S AUTHORITY No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. REQUIRED INSURANCE The Contractor shall, at its own expense, procure and maintain the following kinds of insurance with respect to performance under the contract. In accordance with HSAR 3052.217-95, Liability and Insurance (USCG) (DEC 2003), the Contractor shall furnish the Contracting Officer with proof of insurance for the duration of the contract, including: 1. Ship Repairer’s Liability - $500,000 per occurrence. 2. Comprehensive General Liability - $500,000 per occurrence. 3. Full insurance coverage in accordance with the United State’s Longshoremen’s and Harbor Worker’s Act. 4. Full insurance coverage in accordance with the State’s Workmen’s Compensation Law (or its equivalent) for all places of performance under this contract. MAINTAINING, REPORTING AND DISPOSING OF GOVERNMENT PROPERTY IN THE PERFORMANCE OF A SHIP REPAIR CONTRACT (APR 2001) 1. The Government Property Clause incorporated by reference delineates the contractor's overall responsibility when taking possession of government property in performance of a contract. In performance of this contract the contractor will be required to properly identify, track and control property within its possession. This includes, a) property furnished by the government (GFP) to the contractor in conjunction with specific CLIN Items. These items and their values are listed in the specification, b) property that is pre-existing in a location that during the course of performance will be replaced or renewed. 2. The items listed in the specification, as government furnished property will be provided in the quantities designated. Government furnished property may be provided in person by an official Coast Guard employee, shipment via commercial carrier, etc. The contractor shall sign for all government furnished property using either a DD Form 1149, entitled, “Requisition and Invoice/Shipping Document” or a DD Form 1348, entitled, “Issue Release/Receipt Document”. A copy of the DD 1149 or DD 1348 must be sent within 48 hours of receipt of property, to the designated Government Property Administrator. The name of the individual assigned as Property Administrator will be furnished to the contractor at time of award. The contractor shall not take receipt of property that is not listed in the specification, has not been previously identified as becoming part of the contract (via contract modification) or which otherwise cannot be identified. Such irregularities shall be immediately reported to the Property Administrator. 3. The contractor shall complete the report provided herein, entitled, “Government Property Report”. This report is intended as a living document whereby relevant fields shall be filled in, maintained and kept current at all times. All property described in paragraph 1 (a, and b) above shall be reported on the report. At contract completion the contractor and the Property Administrator shall ensure that all fields are appropriately completed. A signature block is provided at the end of the report for both parties to attest to the report's accuracy and completeness. The Government Property Report shall clearly delineate the complete track that all government property took over the course of the contract. This completed report must accompany the contractor's final invoice. Final payment may be delayed, without penalty of interest, until such time as the report is received. A separate copy of the completed report and any final DD 1149s or DD 1348s executed, as a result of carrying out disposition instructions shall be provided to the Property Administrator. 4. Pursuant to the Government Property Clause the authority to render disposition instructions of Government property associated with this contract is delegated to the Property Administrator. The contractor shall comply with all instructions in the contract for the return of government property to the Coast Guard. This includes government property taken off the vessel (shafts, propellers, etc.), government property returned to the vessel (special tools, etc.) or surplus government property not used during performance of the contract. CONTRACT DEFICIENCY REPORT The Contracting Officer or Contracting Officer Representative (COR) may issue a Contract Deficiency Report, Form MLCA(v)005-1. The Contractor shall respond in writing within 24 hours of receipt, unless otherwise approved the Contracting Officer, to the COR. The COR will comment on the contractor’s response and will forward the Deficiency Report and comments to the Contracting Officer, with a copy to the contractor, MLC(vr), the NESU and Program Manager. The Contracting Officer will make the final response to the contractor in writing. It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. To further this policy, the Commandant has created the position of Solicitation Ombudsman who is empowered to investigate issues raised by prospective offerors and resolve them, where possible, without expensive and time-consuming litigation. Potential quoters who believe that a Coast Guard solicitation 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 quoter should then contact the Coast Guard Solicitation Ombudsman at the address below: Commandant (G-CPM-S/3) 2100 Second Street, SW Washington, D.C. 20593 Telephone (202)267-2285 FAX: (202)267-4011 Potential quoters should provide the following information to the Ombudsman in order to ensure a timely response: Solicitation number, Contracting Office, Contracting Officer, and solicitation closing date.