MODIFICATION
45 -- High Pressure Steam Boilers
- Notice Date
- 6/11/2012
- Notice Type
- Modification/Amendment
- NAICS
- 333414
— Heating Equipment (except Warm Air Furnaces) Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC), 2401 Hawkins Point Road, Building 31, Mail Stop 26, Baltimore, Maryland, 21226-5000, United States
- ZIP Code
- 21226-5000
- Solicitation Number
- HSCG40-12-R-AF039
- Archive Date
- 8/30/2012
- Point of Contact
- Florence D. Harwood, Phone: 410-762-6455
- E-Mail Address
-
florence.m.harwood@uscg.mil
(florence.m.harwood@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- ** The Part Number is changed to read 5848-14E-STEAM and the qty for purchase shall read 14 each. THE DATE FOR RECEIPT OF OFFERS REMAINS 13 JUNE 2012, 2:00 PM E.S.T. This is a combined synopsis/solicitation for commercial items prepared in accordance with Parts 6.302-1, 12.6 and 15 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a written solicitation will not be issued. The Request for Proposal (RFP) Solicitation Number is HSCG40-12-R-AF039. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. The applicable North American Industry Classification Standard Code (NAICS) is 333414. The Small Business size standard is 500 employees. The U.S. Coast Guard Surface Forces Logistics Center (SFLC) WMEC Product Line intends to award a firm, fixed price Contract for the purchase of Way-Wolf Specialized High Pressure Steam Boilers, NSN 4410-01-230-8024, P/N 848-14E-Steam, in support of USCG 210' Medium Endurance Cutters. It is anticipated that a non-competitive contract shall be awarded as a result of this synopsis/solicitation. All parts must be manufactured by the Original Equipment Manufacturer (OEM), Ray Burner Co, currently owned by Selas Heat Technology Company. It is the Government's belief that Selas Heat Technology Company is the only source that can manufacture the item and ensure compatibility with the existing onboard equipment and conformity to the OEM design and material requirements. Concerns that have the expertise and required capabilities to provide these High Pressure Steam Boilers are invited to submit an offer, demonstrating their capabilities in accordance with the requirements stipulated in this synopsis/solicitation. Drawings, specifications and technical data are proprietary to the OEM and cannot be furnished by the Government. Items shall be delivered FOB: Destination to the U.S. Coast Guard SFLC, Receiving Room, Baltimore, MD 21226. The government desires delivery of supplies within 90 days or sooner after award. Each item shall be individually preserved, packaged, marked and bar coded in its own wooden crate in accordance with attached Specification SP-PP&M-001 dated 5/1/10. Final inspection and acceptance shall take place at destination after verification of preservation, packaging, and marking requirements and confirmation of no damage during transit. 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.acquisition.gov/far; The following FAR provisions/clauses are incorporated by reference: 52.212-1, Instructions to Offerors-Commercial Items (FEB 2012). The following addenda is added to 52.212-1: (1) Paragraph (b) - REQUIRED TECHNICAL QUALIFICATIONS - 1. Offeror shall be the OEM or an authorized dealer for Selas Heat Technology Company. Offers submitted by other than the OEM shall include complete and current technical and engineering data (i.e. salient physical, function and performance characteristics) or data verifying that the offered equipment has been satisfactorily manufactured for the Government or OEM in the past. Authorized dealers shall submit documentation/certification as an authorized agent for the OEM as part of their proposal package. PAST PERFORMANCE - The Offeror shall supply at least three (3) contracts completed during the past three (3) years or currently in process for the same or similar items as solicited under this notice. Contracts listed may include those entered into by the Federal Government, agencies of the state and local governments, foreign governments, and commercial customers. The Offeror shall provide past performance information for any major subcontractor and all submissions must be relevant to the scope of work they may perform under the contract resulting from this synopsis/solicitation. References other than those provide by the Offeror may be contacted by the Government to obtain additional information that shall be used in the evaluation of the Offeror's past performance. The Government may waive the submission of past performance information by the Offeror if adequate data already exists on file within this office. FAR Provision 52.212-2, Evaluation-Commercial Items (Jan 1999). The following addenda is added to FAR Clause 52.212-2: PROPOSAL EVALUATION - Offers received in response to this synopsis/solicitation shall be evaluated on a best value basis considering the following factors, listed in order of precedence: i). Total price, ii). Technical Capability, including the ability to provide genuine, newly manufactured OEM parts in strict accordance with the stated descriptions/schedule of supplies, iii). Delivery Time, and iv). Past Performance. The evaluated price will be ascertained by adding together the cost for each line item to achieve a final price for evaluation purposes. Price evaluation will be performed by the Contracting Officer to determine the reasonableness of each proposed price and to determine the Offerors understanding and ability to perform the contract. The Government intends to make an award without discussions. FAR Clause 52.212-3, Offeror Representations and Certifications-Commercial Items (Apr 2012)-(ii) Alterntae I (Apr 2011) Offerors shall complete only paragraph (b) 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 paragraph (c) through (o) of this provision. The following FAR provisions and clauses apply to this Request for Proposal (RFP) and are incorporated by reference: FAR 52.204-7, Central Contractor Registration (Apr 2008). FAR Clause 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012). The following addenda is added to 52.212-4: 1) FAR 52.246-1, Contractor Inspection Requirements (APR 1984) The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to the contract requirements, including any applicable technical requirements for specified manufacturer's parts. This clauses takes precedence over any Government inspection and testing required in the contract's specifications, except for specialized inspections or tests specified to be performed solely by the Government. 2) FAR 52.246-2, Inspection of Supplies - Fixed Price (Aug 1996). 3) Invoicing: Submit invoices electronically to http://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm. Or via mail to: USCG Coast Guard Finance Center, P.O. Box 4122, Chesapeake, VA 23326, or Fax to 757-523-5900. Mark For: Contract Number as provided at time of award. Payment Terms; The Government's normal payment terms are NET 30; however, offerors may propose discounts for prompt payment. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders (May 2012) applies to this acquisition and the following FAR clauses cited in the clause are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402), 52.204-10, Reporting Executive Compensation and First-tier Subcontract Awards (Feb 2012), 52.209-6, Protecting the Government's Interest when subcontracting with Contractors debarred, suspended, or proposed for debarment (Dec 2010) (31 U.S.C. 6101 note), 52-209-10 (May 2012), 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)), 52.219-28, Post Award Small Business Program Representation (Apr 2012 (15 U.S.C. 632(a)(2))., 52.222-3, Convict Labor (Jun 2003)(E.O. 11755), 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Mar 2012)(E.O. 13126), 52.222-21, Prohibition of Segregated Facilities (Feb 1999), 52.222-26, Equal Opportunity (E.O 11246); 52.222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans (Sep 2010) (38 U.S.C. 4212); 52.222-36, Affirmative Action for Handicapped Workers(Oct 2010) (29 U.S.C. 793); 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212), 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011), 52.225-1, Buy American Act -Supplies (Feb 2009) (41 U.S.C. 10a-10d), 52.225-13, restrictions on Certain Foreign Purchases (Jun 2008) (E.O..'s, proclamations, and statues administered by the Office of Foreign Assets Control of the Department of the Treasury), 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). The following Homeland Security Acquisition Regulations (HSAR) are hereby incorporated by reference with the same force and effect as if incorporated in full text. Full text versions of the clauses may be viewed electronically at http://farsite.hill.af.mil/VFHSARA.HTM. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006); HSAR 3052.242-72, Dissemination of Contract Information (Dec 2003); HSAR 3042.242-72, Contracting Officer's Technical Representative (Dec 2003). FAR Provision 52.209-5 Certification Regarding Responsibility Matters (Apr 2010), is incorporated in full text as follows: (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. The closing date and time for receipt of offers is 11 June 2012, 2:00 pm e.s.t. All responsible and responsive sources are invited to submit an offer which will be considered by this agency. Companies shall provide a valid DUNS, be registered with Central Contractor Registrations (CCR) and shall provide the company Tax Identification Number (TIN) with their offer.
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