(i) 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; proposals are being requested and a written solicitation will not be issued. This requirement is being procured using procedures prescribed in FAR Part 12, and FAR Subpart 13.5. 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 reasons of unusual and compelling urgency 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 shall be submitted electronically to
[email protected] and the Contracting Officer or by hand delivery to the Contracting Officer. The Ombudsman Hotline telephone number is (202) 372-3695. (ii) The solicitation number is HSCG40-16-Q-31615; this solicitation is issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89, effective July 14, 2016. (iv) This is a total small business set aside ; the associated NAICS code is 333415. The small business size standard is 750 employees . The size standard for this acquisition is based on the average annual receipts or the average employment numbers of a firm in this industry. (v) The United States Coast Guard (USCG) has a need for the purchase of three (3) 55 ton Chiller A/C Units aboard the USCGC POLAR STAR (WAGB-10) with increased capacity HFC-134a units. The Coast Guard's overall requirement is a reliable and sustainable (15 years minimum service life, all logistics elements addressed) air conditioning plant, with as much capacity as can be obtained with current technology using HC-134a refrigerant, drawing no more than 90Kw per unit at full capacity for a total of 270 kW, and in within the same ‘footprint' (size, weight) as the equipment being replaced. The Contractor must provide onboard training for five (5) Coast Guard Personnel to include: operation of the HVAC System and all subsystems, emergency procedures, preventative and corrective maintenance. Training shall be provided shipboard following installation, operational commissioning, and upon vendor notification by the CG Contracting Officer (KO) or Contracting Officers Representative (COR). This solicitation will establish a firm-fixed price contract with the selected offeror. CLIN - B.1 Description - AC Chiller Unit Quantity - 3 Unit - EA Unit Price - Amount - CLIN - B.2 Description - Packing & Shipping Quantity - 3 Unit - JB Unit Price - Amount - CLIN - B.3 Description - Data Requirements Quantity - 1 Unit - JB Unit Price - Amount - CLIN - B.4 Description - Testing & Inspections Quantity - 1 Unit - JB Unit Price - Amount - CLIN - B.5 Description - On-site Training and Support Quantity - 1 Unit - JB Unit Price - Amount - Total Base Year: (vi) USCG requires delivery of all items on or before 150 days of contract award . All items will be delivered to United States Coast Guard, Surface Forces Logistics Center, SFLC LREPL APM3-10, Attn: LCDR Matt Smith, 1519 Alaskan Way S, Seattle, WA 98134. The F.O.B. point for this acquisition is destination. (viii) The provision at 52.212-1, Instructions to Offerors - Commercial (Oct 2015) (ix) The provision at 52.212-2, Evaluation - Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: • Technical Capability of the item offered to meet the Government requirement • Price • Past Performance Technical and past performance, when combined, is approximately equal when compared to price . Technical Capability is more important than past performance. (b) 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. (End of provision) (x) Offerors please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items (JUL 2016) with your offer. Please be aware failure to provide a completed copy may result in elimination of quote due to nonconformance. (xi) FAR Clause at 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015) applies to this acquisition. (xii) FAR Clause at 52.212-5 Contract Term and Conditions Required to Implement Statues or Executive Orders - Commercial Items (JUN 2016) applies to this acquisition. The following FAR Clauses are applicable to this acquisition: (a) FAR 52.203-6 Restrictions on Subcontractors Sales to the Government (OCT 1995) Alternative I (OCT 1995) (b) FAR 52.205-10 Reporting Executive Compensation First -Tier (OCT 2015) Subcontract Awards (c) FAR 52.209-6 Protecting the Government's Interest When (OCT 2015) Subcontracting with Contractors Debarred, Suspended Or Proposed for Debarment (d) FAR 52.209-9 Updates of Publicly Available Information Regarding (JUL 2013) Responsibility Matters (e) FAR 52.219-9 Utilization of Small Business Concerns (OCT 2014) (f) FAR 52.219-28 Post Award Small Business Program Representation (JUL 2013) (g) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) (h) FAR 52.222-3 Convict Labor (JUN 2013) (i) FAR 52.222-19 Child Labor - Cooperation with Authorities and (JAN 2016) Remedies (j) FAR 52.222-26 Equal Opportunity (APR 2015) (k) FAR 52.222-36 Equal opportunity for Workers with Disabilities (JUL 2014) (l) FAR 52.222-37 Employment Reports on Veterans (OCT 2015) (m) FAR 52.222-40 Notification of Employee Rights Under the National (DEC 2010) Labor Relations Act (n) FAR 52.222-50 Combating Trafficking in Persons (MAR 2015) (o) FAR 52.223-18 Encouraging Contractor Policies to Ban Text (AUG 2011) Messaging While Driving (p) FAR 52.225-1 Buy American - Supplies (MAY 2014) (q) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (r) FAR 52.232-33 Payment by Electronic Funds Transfer - System for (JUL 2013) Award Management (xiii) The below contract requirements have been determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices and Federal, DHS, and Coast Guard Regulations. (a) All information set forth in FAR Clause 52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015) must be included in an invoice for it to constitute a proper invoice. (b) An original invoice shall be submitted to the following designated payment office: All supplies ordered under the contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address: U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract to be determined All invoices must contain the following information to constitute a proper invoice: (1) Name and address of Contractor (2) Invoice date (3) Contract Number (4) Description, quantity, unit of measure, unit price and extended price (5) Terms of any prompt payment discounts offered (6) Dun & Bradstreet (DUNS) Number (7) Federal Tax Identification Number (8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s). Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The awarded Contractor is encouraged to assign an identification number to each invoice. Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contract Specialist and Contracting Officer clearly marked "Information only." PRESERVATION, PACKING & MARKING Please see Specification, Attachment A Specification Polar HVAC Government Acceptance (Destination) Final acceptance shall be made by a Government Representative at destination. Acceptance shall be contingent upon verification of no damage in transit, correctness of the order, and conformance to the preservation, packaging, and marking requirements of the specification, entitled "Specification Polar HVAC". 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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 Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): www.acquisition.gov (End of provision) 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/these address (es): www.acquisition.gov (End of clause) Clauses and provisions incorporated by reference: (a) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014) (b) FAR 52.204-7 System for Award Management Number (JUL 2013) (c) FAR 52.204-13 System for Award Management Maintenance (JUL 2013) (d) FAR 52.204-18 Commercial & Government Entity Code (JUL 2015) (e) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) (f) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation (NOV 2015) (g) FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (h) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (i) FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) (j) FAR 52.219-14 Limitations on Subcontracting (NOV 2011) (k) FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999) (l) FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Related to Iran- Certification (OCT 2015) (m) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) (n) FAR 52.245-1 Government Property (APR 2012) (o) FAR 52.245-9 Use and Charges (APR 2012) (p) FAR 52.246-2 Inspection of Supplies - Fixed Price (AUG 1996) (q) FAR 52.246-15 Certificate of Conformance (APR 1984) (r) FAR 52.246-16 Responsibility for Supplies (APR 1984) (s) FAR 52.247-34 F.O.B. Destination (NOV 1991) 52.246-17 Warranty of Supplies of a Noncomplex Nature (Jun 2003) (a) Definitions. As used in this clause- "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. "Supplies" means the end items furnished by the Contractor and related services required under this contract. The word does not include "data." (b) Contractor's obligations. (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for two (2) years after installation, which could be from 6 months to 5 years after receipt and placement into inventory- (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b) (1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. (4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract. (c) Remedies available to the Government. (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b) (1) of this clause within 45 days after discovery of the defect. (2) Within a reasonable time after the notice, the Contracting Officer may either- (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. (3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer- (A) May, for sampling purposes, group any supplies delivered under this contract; (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of re-inspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options: (A) Require an equitable adjustment in the contract price for any group of supplies. (B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement. (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. (4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor- (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. (End of clause) HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the 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, or with any subsidiary of such an 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 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 an acquisition described in section 835(b)(1) 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 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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) HSAR 3052.209-79 Representation by Corporations regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability (Feb 2014) (DHS FAR Class Deviation 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) 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, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (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: [ Offeror please mark ] (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) HSAR 3052.212-70 Contract Terms and Conditions applicable to DHS Acquisition of Commercial Items (Sep 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. 3052.205-70 Advertisement, Publicizing Awards, and Releases 3052.242-72 Contracting Officer's Technical Representative. 3052.247-72 F.o.B. Destination Only. (End of clause) (xiv) The Defense Priorities and Allocations System doesn't apply to this procurement. (xv) Offerors shall submit quotes as follows - Vendors shall submit an electronic copy of your firm's quotation to Sarah Thompson at
[email protected] using WinZip software no later than August 30, 2016 at 4:00pm (EST). All submissions shall include HSCG40-16-Q-31615 in the subject line of the email. The WinZip password shall be submitted under a separate email by the aforementioned date and time. There is not a character length or mixed case requirement imposed on your password. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote (Please fill in pricing on page 2 of the solicitation); Section 2: Technical Proposal (Please include DUNS Number & SAM registration expiration); Section 3: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); and Section 4: Any issued amendments to the solicitation. Quote page limit is 25 pages, representations and certifications; font size 12 maximum. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about, September 26, 2016. (xvi) For information regarding this solicitation, please contact Sarah E. Thompson at (410) 762-6171. This request for quote has one attachment: • Attachment A - Specification Polar HVAC Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation.