MODIFICATION
J -- Mattei C350 Air End Compressor
- Notice Date
- 7/8/2006
- Notice Type
- Modification
- NAICS
- 333912
— Air and Gas Compressor Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (vpl), USCG Maintenance and Logistics Command - Atlantic, 300 East Main Street Suite 600, Norfolk, VA, 23510-9102
- ZIP Code
- 23510-9102
- Solicitation Number
- HSCG80-06-Q-3FAN49
- Response Due
- 7/14/2006
- Archive Date
- 7/1/2007
- Point of Contact
- Kathryn Stark, Contract Specialist, Phone 757 628-4588, Fax 757 628-4676, - Douglas Landau, Contracting Officer, Phone (757) 628-4638, Fax (757) 628-4676,
- E-Mail Address
-
kstark@mlca.uscg.mil, dlandau@mlca.uscg.mil
- Description
- JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION SOLICITATION: HSCG80-06-Q-3FAN49 DATE: 23 JUNE 2006 SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Pursuant to the requirements of FAR 13.501(a) Sole Source Acquisitions, the following facts and rationale are presented: (1) Identification of the agency and the contracting activity, and specific identification of the document as a ?Justification for other than full and open competition.? ? U.S. Coast Guard, Maintenance and Logistics Command Atlantic (MLCLANT), Naval Engineering Division, Vessel Procurement and Logistics Branch, Norfolk, VA, hereby presents this justification for Other Than Full and Open Competition (JOTFOC) for review and approval. (2) Nature and/or description of the action being approved. ? This Justification for Other Than Full and Open Competition seeks approval to contract with the original equipment manufacturer (OEM), Mattei Compressors Incorporated located in Randallstown. MD. Request approval to proceed with this sole source acquisition, for a firm fixed-price contract for the purchase of eleven Air Compressors, Model C350. These compressors are used on the 130-CGB class 130? Aides to Navigation (ATON) Barges. The contract is a one time purchase using simplified acquisitions procedures in accordance with FAR 13.5 Test Program for Certain Commercial Items. (3) A description of the supplies or services required to meet the agency?s needs (including the estimated value). ? The primary function of this unit is to supply high pressure compressed air to power deck equipment onboard the barge. This equipment is used to assist cutter personnel with the retrieval and placement of critical ATON markers in the inland river system. The compressor is directly coupled to a Cummins 145 HP, Model 6BT5.9 by way of a power take off unit manufactured by Twin Disk. The existing compressor, engine and fire pump skid was designed and assembled by Cummins, then delivered to the Coast Guard as a single unit during barge construction in the early 1980s. The compressor and fire pump must have similar characteristics relative to the engine?s capabilities. This requirement is essential to mission capability of the U.S. Coast Guard?s WLR fleet. The quantity is 10. (4) An identification of the statutory authority permitting other than full and open competition. ? Section 4202 of the Clinger-Cohen Act of 1996 as implemented by FAR 13.5 Test Program for Certain Commercial Items and 41 USC 253(c)(1) as implemented by FAR 6.302.1: Only one responsible source and no other supplies or services will satisfy agency requirements. (5) A demonstration that the proposed contractor?s unique qualifications or the nature of the acquisition requires use of the authority cited. ?The necessary manufacturing data are proprietary and controlled by Mattei Compressors Incorporated. The data was not procured for the Air Compressors and therefore was not available for release to generate competition. (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether an EPS notice was or will be publicized as required by Subpart 5.2, and if not, which exception under 5.202 applies. ? In accordance with FAR 5.201, the intent to contract for Air Compressor, Model C350 will be advertised in the Electronic Posting System (EPS)/FedBizOpps as a combined synopsis/solicitation under streamlined acquisition procedures for commercial items utilizing FAR Part 13.5. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. ? It is the Contracting Officer?s opinion that prices for the procurement will be fair and reasonable based on price analysis, prices charged other customers and price paid for similar items. Additionally, prices will be compared to quotes received from resellers. (8) A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. ? A sources sought notice was issued June 8, 2006 to identify sources capable of providing the Mattei Model C350 Air End Compressor. Sources sought: 8a, HUBZone, and Service Disabled Veteran Owned small business concerns. One response was received, from Mattei Compressors, Inc., a small business concern. (9) Any other facts supporting the use of other than full and open competition, i.e., proprietary data packages, etc. ? A detailed analysis was conducted November 1997, by CDI Marine Company, to evaluate the market and identify a suitable replacement compressor. This analysis evaluated the products of all the major manufacturers of low-pressure high volume compressors and compared their products using five primary characteristics (i.e. Driver, Output, Cooling, Safety, and Installation Space Envelope). This analysis concluded that the Mattei Air Compressor, Model C350 was the only piece of equipment being manufactured that would meet service needs and be compatible with the existing system without extensive reengineering of the barge systems. Consideration of any other manufactured component would not be cost effective because it would require more funds to redesign and reengineer the complete unit requiring replacement of primary components. (10) A listing of the sources, if any, which expressed in writing, an interest in the acquisition. ? This JOTFOC is being processed concurrently with the EPS combined synopsis solicitation which incorporates the pre-solicitation notice. If responses to the solicitation indicate sources available, the file will be documented accordingly and all quotes will be considered. (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. ? The Coast Guard does not possess technical expertise nor did they purchase the data as part of the initial system acquisition for the Air Compressor, Model C350 to foster a competitive procurement effort. Complete specifications and drawings are not available and the cost to procure them is not easily quantifiable. As a result, it would be difficult to foster competition, as the Coast Guard does not have adequate technical descriptions of the manufacturing, performance and acceptance data for the Air Compressor. 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 incorporates provisions and clauses in effect through Federal Acquisition Circular 05-09. The North American Industry Classification System (NAICS) is 333912. The small business size standard is 500 employees. This is an unrestricted procurement. This procurement is a sole source set aside. The purchase order will be awarded using simplified acquisition procedures in accordance with FAR Part 13.5 Test Program for Certain Commercial Items as a firm fixed price purchase order for brand name equipment. The USCG intends to procure 10 each air end compressors, Model C350 from the original equipment manufacturer (OEM), Mattei Compressors, Incorporated. The required delivery date is October 31, 2006. Mattei Compressors Incorporated or a source capable of providing the OEM's equipment. The award will be in accordance with FAR 6.302-1, only one responsible source and no other supplies will satisfy agency requirements (see attached Justification for Other Than Full and Open Competition). The equipment is approved for use on the 130-CGB class 130? Aides to Navigation (ATON) Barges. The Coast Guard does not own nor can it provide specifications, plans, drawings or other technical data. The unit price shall include f.o.b. destination. The contractor will be responsible for shipping charges. Quotes will not be considered unless f.o.b. destination is quoted. Delivery will be made to Officer in Charge Att: BMCM Jensen/MKC Lowry USCGC KICKAPOO 601-636-8304 225 Coast Guard Road Vicksburg, Mississippi 39180 Officer in Charge Att: MCPO Sexton/MKC Patrick USCGC CHIPPEWA 731-642-7181 700 Coast Guard Road Buchanan, TN. 38222 Officer in Charge Att: BMCS Hearn/MKC Baker USCGC CIMARRON 731-642-4457 700 Coast Guard Road Buchanan, TN 38222 Officer in Charge Att: BMCS Bollinger/MKC Rosati USCGC GREENBRIER 601-446-5104 44 L. E. Barry Road Natchez, Mississippi 39122 Officer in Charge Att: BMCS Endicott/MKC Cook USCGC OUACHITA 423-622-2101 Foot of Old Harrison Pike E. Chattanooga, TN 37416 Officer in Charge Att: BMCM Adams/MKC Owens USCGC PATOKA 662-332-1044 1797 Harbor Front Road Greenville, MS 38701 Officer in Charge Att: MCPO Merrick/MKC Mills USCGC KANAWHA 870-536-1134 4101 Port Road Pine Bluff, AR 71611 Officer in Charge Att: BMCM Rahilly/MKC Self USCGC KANKAKEE 901-544-3936 2 Auction Ave. Memphis, TN 38105 Officer in Charge Att: BMCM Mott/MKC Saiz USCGC MUSKINGUM 918-775-4471 Route 4, HWY 59 South Sallisaw, OK 74955 Officer in Charge Att: BMCS Rogers/MKC Martz USCGC WYACONDA 563-582-1965 60 East First Street Dubuque, Iowa 52001 All questions concerning this request for quotation shall be directed to Ms. Kathryn Stark at 757-628-4588. To receive an award the company must be registered in the Central Contractor Registration Database (CCR) http://www.dlis.dla.mil/ccr/default.asp. Inspection and acceptance shall be at destination. Anticipated award date is on or about July 21, 2006. All responsible business sources capable of supplying the Mattei C350 Air End Compressor model listed above may submit a quote, which shall be considered by the Agency. The following FAR provisions and clauses apply to this request for quotation and are incorporated by reference. FAR 52.212-1 Instructions To Offerors Commercial Items (Jan 2006) ADDENDUM to FAR 52.212-1 FAR 52.211-8 Time of Delivery (June 1997) FAR 52.215-20 Alt IV Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data (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 if requested FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full Text may be accessed electronically at this internet address; www.deskbook.osd.mil FAR 52.212-2 Evaluation Commercial Items (Jan 1999) will not be used. The Coast Guard will evaluate quotations and make an offer resulting from this solicitation to the responsible vendor whose quote conforms to the solicitation and is determined to be most advantageous to the Government based on ability to meet basic specification requirements, delivery date, and price. FAR 52.212-3 Offeror Representations and Certifications Commercial Items (Mar 2005), Alt I (Apr 2002). These certifications must be submitted prior to award; copies are posted as a separate attachment FAR 52.212-4 Contract Terms and Conditions Commercial Items (Sep 2005) ADDENDUM to FAR 52.212-4 FAR 52.211-14 Notice of Priority Rating for National Defense Use (Rating DO-A3) FAR 52.247-34 F.o.b. Destination (Nov 1991) FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) Full Text may be accessed electronically at this internet address; www.deskbook.osd.mil HSAR 3052.209?70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (DEC 2003). (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 after November 25, 2002, 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 homeland security, or to prevent the loss of any jobs in the United States or prevent the Government from incurring any additional costs that otherwise would not occur. (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, Public Law 107?296, 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 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 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, Public Law 107?296. (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 purpose of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of Public Law 107?296 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; (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. By signing and submitting its offer, an offeror under this solicitation represents that it not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of Section 835 of the Homeland Security Act, Public Law 107?296 of November 25, 2002. (g) If a waiver has been granted, a copy of the approved waiver shall be attached to the bid or proposal. (End of provision) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Apr 2006) Additional Clauses applicable to FAR 52.212-5 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate 1 (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402) (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637 (d)(2) and (3)). (15) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jun 2004) (E.O. 13126) (16) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) (17) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246) (18) 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) (19) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793) (20) 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) (26) 52.225-13, Restriction 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) (31) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) See Numbered Note 1. Closing date and time for receipt of quotes is July 14, 2006 4:00p.m., Eastern Daylight Time (EDT). Quotes received after this date and time will not be considered. Facsimile quotes are acceptable and may be forwarded via fax number 757-628-4676. Email quotes are acceptable and may be forwarded to Ms. Kathryn Stark at kathryn.e.stark@uscg.mil. Quotes may be submitted on company letterhead stationery indicating the nomenclature; part number; unit price for base and each ordering period (if applicable) and extended price; FOB Point; payment terms and any discount offered for prompt payment; the business size standard and any minority classification; delivery date; and applicable warranty. 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 refiling 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 (CG-85) 2100 2nd Street, SW, Room 2606 Washington, D. C. 20593 Telephone (202) 267-2285 FAX: (202) 267-4011
- Record
- SN01085139-W 20060710/060708220147 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |