SOLICITATION NOTICE
58 -- PURCHASE OF VIDEO RECORDERS
- Notice Date
- 2/17/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 423620
— Electrical and Electronic Appliance, Television, and Radio Set Merchant Wholesalers
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (C2CEN), USCG Command and Control Engineering Center, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703-2199, United States
- ZIP Code
- 23703-2199
- Solicitation Number
- HSCG44-11-Q-PC8102
- Archive Date
- 3/16/2011
- Point of Contact
- Carrie Houck, Phone: (757) 686-4215, James A Lassiter, Phone: (757)686-2149
- E-Mail Address
-
Carrie.F.Houck@uscg.mil, james.a.lassiter@uscg.mil
(Carrie.F.Houck@uscg.mil, james.a.lassiter@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplement with additional information in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request for Quote number RFQ HSCG44-11-Q-PC8102. This number is for tracking purpose only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-49. This procurement will be processed in accordance with FAR Part 12 and 13. The North American Industry Classification System (NAICS) is 423620. The SBA size standard is 100 employees. Due to this Acquisition being considered to be a Sole Source Procurement it is not anticipated that the Contracting Officer will receive 2 or more Offers from qualified Small Business Concerns; therefore IAW FAR 19.502-2(a) This IS NOT A Small Business Set-A-Side. The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA. 23703, intends to purchase on a non-competitive basis by awarding a Firm Fixed Purchase Order Contract to: Commercial Technology Group of Somerville, NJ Cage Code# 43ZY7 for 15 each of: H series Open Eye Video Recorder Model: OE3-HR36012. The Coast Guard does not own nor can they obtain specifications, drawings, plans or other technical data for this item. Request for drawings/specs will be disregarded. Item is to be a New item. Used or Refurbished items are not acceptable. Due to the compatibility and parts/logistical support of existing USCG Systems & Components it is required that the item is to be "Name Brand" specific and therefore are to be manufactured by OpenEye only. Substitute proposed brands will NOT be considered for award. The proposed contract action resulting from this synopsis/solicitation for commercial supplies is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302.1 and 13.106-1(b). Interest persons/parties may indentify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received within 5 days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes. The contractor for this proposed Sole Source contract is: Commercial Technology Group, Inc. A current CCR Data Search and EPLS Dta Search was conducted on this Contractor by the Contracting Officer, this Contractor is current/active in CCR and does not appear on the EPLS List. Data Search date: Feb/17/2011. This is a Sole Source Procurement. See attached JOTFOC Document below. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and Best Value to the Government, price and other factors considered. The Required Delivery Date is 30 Days ARO. Unless otherwise stated all items will be required to be shipped to the USCG C3CEN 4000 Coast Guard Blvd., Portsmouth, VA 23703-2199. FIRM FIXED Price Proposals may be submitted on company letterhead stationary and must include the following information: Cost Breakdown, Unit Price, Extended Price, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is March 1, 2011@8:00AM EST. Facsimile and Email quotes are acceptable and may be faxed to (757) 686-4018 or Emailed to the POC Carrie Houck, Contracting Officer, carrie.f.houck@uscg.mil. *PLEASE NOTE* Interested Offerors are to provide Firm Fixed Prices and Delivery Information by MAR/01/2011@8:00AM EST Delivery Information is to include the Shipping Terms the Offerer is proposing, FOB Origin or FOB Destination. Destination is preferred by USCG/GOV. If proposing FOB Origin, provide Shipping cost as a separate line item. Required Delivery Date is 30 Days ARO. Anticipated Award Date for the PO Contract is MAR/08/2011, this date is approximate and not exact. Schedule B: Line Item 1: 15 each Open Eye Recorder Model OE3-HR36012 The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation-Commercial Items (a) Overall Best Value to the Government FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Offerors should be registered in CCR The Following FAR Clauses apply to this Acquisition: FAR 52.212-4 Contract Terms and Conditions-Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items The government intends to award a Purchase Order Contract resulting from this solicitation to the responsible bidder/offeror quotation conforming to the solicitation which will be most advantageous and Overall BEST VALUE to the Government, price and other factors considered. FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999)- award will be made to the Offeror proposing the Best Value to the Government considering specification,price, delivery, and past performance, and quality. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JAN 2011) to include Alt I (APR 2002). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov FAR 52.212-4 Contract Terms and Conditions -Commercial Items (JUNE 2010) with the following addendas: FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR)(Jul 2006). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer - CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders Commercial Items (JAN 2011), The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-50 Combating Trafficking in Persons (FEB 2009) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.222-3 Convict Labor (June 2003) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126),; FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007)(E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)(38 U.S.C. 4212), FAR 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEPT 2010) FAR 52.225-1 Buy American Act-Supplies (FEB 2009) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724,13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) The above/following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. Justification for Other Than Full and Open Competition Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3, HSAR 3006.3, HSAM 3006.3, CGAP 1206.3, and in accordance with (IAW) requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.302-1 is justified by the following facts and rationale required under FAR 6.303-2 as follows: The statutory authority permitting other than full and open competition is 10 USC 2304(c)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." Section (ii) "Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in- (AA) Substantial duplication of cost to the Government that is not expected to be recovered through competition..." is directly applicable. USCG C3CEN Open Eye Video Recorder H series Justification for Other Than Full and Open Competition.(JOTFOC) (a) Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (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." United States Coast Guard Command, Control and Communications Engineering Center (C3CEN), Portsmouth Virginia (2) Nature and/or description of the action being approved. C3CEN purchased the H series Open Eye Video Recorder Model OE3-HR36012 under contract HSCG23-07-P-TED232. When the final option was exercised the Coast Guard did not purchase the total number of units available on the option. The Coast Guard was not aware at the time that Open Eye had discontinued Model OE3-HR36012 and the upgraded unit was not backward compatible with the existing equipment. In order to maintain the units already deployed in the field, it was decided to purchase the balance of 15 units left on the contract. (3) A description of the supplies or services required to meet the agency's needs. The DVR recorders are Open Eye Model HDDR H-Series 12 channel recorders which include 500 GB internal hard drive and DVD burner as well as an accessory package. The model number assigned by Open Eye is OE3-HR36012. This Requirement is for 15 each units. Total Estimated amount for these items is: between 65K-67K. (4) An identification of the statutory authority permitting other than full and open competition. 6.302-1 (2)(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components there, of, when it is likely that award to any other source would result in a substantial duplication of cost to the Government. (5) A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. When contract HSCG23-07-P-TED232 was issued, Open Eye (OEM) released the total number of units to Commercial Technology Group (one of Open Eye's authorized distributors). Commercial Technology Group has held the full contract inventory in stock to fulfill the Coast Guard's option requirements as required. (6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. The original requirement was posted on GSA e-buy and FEDBIZ OPS as a unrestricted combined synopsis solicitation. This subsequent requirement will be posted to FEDBIZ OPS including verbiage that any Offeror that feels that they can provide Items that meet this requirement as stated may provide a quotation, and all offers will be considered by the Government. (7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. This equipment is a COTS off the shelf item that is at the end of life production. The cost to purchase the remaining units from Commercial Technology Group should not exceed the original negotiated amount. The anticipated cost will be the same the General Public would pay for the same items. (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. Market research was conducted under the base contract HSCG2307PTED232 and prior to the exercise of each option. (9) Any other facts supporting the use of other than full and open competition, such as: This purchase of the balance of 15 DVR recorders shall be used to maintain the equipment currently deployed on the cutters. Without the spares, the Coast Guard is left with equipment that cannot be repaired and cannot be replaced by the manufacturer. The spares will allow the Coast Guard to maintain the equipment for the full life cycle. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. None (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. At this time, there is no anticipation of replacement of the DVR systems currently deployed. Once the equipment reaches the point where technology refresh is required, all equipment will require replacement, requiring a new Contract. This replacement is not anticipated for several years. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. (a) This is a valid requirement to purchase the balance of the spares from the expired contract. The spares will enable the project to maintain the DVR already deployed. (b) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. At the time the last option on the contract was exercised, it was not known by the government that the Open Eye Video Recorder Model OE3-HR36012 was no longer being manufactured by Open Eye and that the upgraded model is not backward compatible with Model OE3-HR36012. Purchasing the last 15 units will afford the Coast Guard the ability to replace any broken DVRs currently in use. Technical: Charles Smith Contracting Officer: Carrie Houck
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