Inactive Total Small Business Set-Aside (FAR 19.5)

The United States Coast Guard Surface Forces Logistics Center has an emergent requirement and requesting quotations for the following part: Item 1) TANKLESS WATER HEATER NSN: 4520 01-592-1110 PN: MTX2... The United States Coast Guard Surface Forces Logistics Center has an emergent requirement and requesting quotations for the following part: Item 1) TANKLESS WATER HEATER NSN: 4520 01-592-1110 PN: MTX240-3T5 MFG: ELECTRIC HEATER COMPANY QTY: 10 EA 154 WPC TANKLESS WATER HEATER The items are used on various US Coast Guard vessels. All items shall be individually packaged and marked IAW the above packaging requirements. Inspection and acceptance shall take place at Destination after verification of preservation, individual packaging and marking/bar coding requirements and confirmation of no damage during transit. Failure to comply with packaging requirements will result in rejection and nonpayment. Delivery shall be F.O.B. Destination to USCG Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore MD 21226 NOTE: NO DRAWINGS, SPECIFICATIONS OR SCHEMATICS ARE AVAILABLE FROM THIS AGENCY. Brand Name part is mandatory to be considered for award, offers of “equal” products must meet the salient physical, functional, or performance characteristic specified in this solicitation and USCG will determine if alternate part is acceptable. This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6, FAC 2023-01 (Dec 2022) and 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. The NAICS code for this solicitation is 334519 and the business size standard is 500. The resultant purchase order will be awarded using simplified acquisition procedures in accordance with FAR 13.106 apply. The U.S. Coast Guard intends to award on all or none basis to a responsible offeror whose offer conforming to the solicitation will be the most advantageous to the Government. Award will be lowest price technically acceptable. The Coast Guard intends to award on a Firm Fixed Price Contract. All responsible sources may submit a quotation, which if timely received, shall be considered by the Agency. Companies must have valid DUNS numbers and be registered with System for Award Management (www.sam.gov) and shall provide the company Tax Information Number (TIN) with their offer. The closing date and time for receipt of quote is March 31, 2023, at 10:00 pm Eastern Standard Time. All Deliveries are to be made Monday through Friday between the hours of 7:00AM to 1:00PM. Invoicing In IPP It is now a requirement that all invoicing for Purchase Orders will now be entered and processed through https://www.ipp.gov. OFFERORS MUST SUBMIT THE FOLLOWING INFORMATION ON THEIR QUOTE: 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; __ 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 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 submit 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 __HSAR 3052.209-70 Prohibition on contracts with corporate expatriates (June 2006) (End of provision) The following FAR Clauses provisions apply to this solicitation. FAR 52.212-1, Instructions to Offerors-Commercial Items (Nov 2021); FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commecail Services (Dec 2022) with Alternate I. Offeror(s) must include a completed copy of FAR 52.212-3 with their quote. The following FAR Clauses apply to this solicitation. Offerors may obtain full text versions of these clauses electronically at www.aquisition.gov ; FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Dec 2022); FAR 52.212-5, Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Dec 2022). The following clauses listed within FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015), 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553), 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note) 52.212-5 are applicable: FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020)(15 U.S.C.644), FAR 52.219-28, Post Award Small Business Program representation (Oct 2022)(15 U.S.C. 637(m); FAR 52.222-3, Convict Labor (Jun 2003)(E.O. 11755); FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Oct 2022) (E.O. 13126); FAR 52.222-21, Prohibition of Segregated Facilities (April 2015); FAR 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246); FAR 52.222-36, Equal Opportunity for workers with disabilities (Jun 2020); FAR 52.222-50, Combating Trafficking in Persons (Oct 2020)(22 U.S.C.Chapter 78 and E.O. 13627); FAR 52.223-18 Contractor Policy to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513); FAR 52.225.1 Buy American Act-Supplies (Oct 2022); FAR 52.225-3, Buy American Act-Free Trade Agreement (Dec 2022)(41 U.S.C. 10a-10d); FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008); 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018)(31 U.S.C. 3332). The following items are incorporated as addenda to this solicitation: Copies of HSAR clauses may be obtained electronically at www.dhs.gov. CGAP 3042.302-90 Valuation Requirements for the Acquisition of Spare Parts Purchased for Inventory Control Points from HQ Contracts (OCT 2008). Copies of CGAP clauses may be obtained electronically at: www.uscg.mil/acquisition/procurement/pdf/CIM_4200_19H.pdf. Justification for Brand Name Mandatory for Acquisitions Under $250K 1. Vessel: 154’- WPC 2. PR#_____________________________ 3. Description of Supplies or Services: a. Purchase of four (04) Heater, Water, Electric, P/N MTX240-3T5, NSN: 4520-01-592-1110, a component of the 154’ WPC Fast Response Cutters potable water heating system. 4. Estimated Value of Procurement: 5. Source Available: 6. Pursuant to FAR Subpart 13.106-1 (b), the Contracting Officer may solicit from one source if they determine that the circumstances of contract action deem only one source reasonably available: Check the appropriate reason below: XX – Brand Name Mandatory 7. Impact Statement: The items listed above must conform to design, materials, and operational requirements. The listed item is the standard configuration currently installed and used for the showers in the on the 154’ WPC Fast Response Cutter. Any attempt to manufacture the listed item without the proper specifications, drawings, and technical data could cause equipment failure, fire, flooding and issues with hot water in galley. The thankless water heater is installed in the showers and is used to heat water for the comfort of the crew. 8. Explain why an adequate purchase description or other information suitable to solicit by Full and Open Competition has not been developed or are not suitable. HUBBELL ELECTRIC HEATER COMPANY is the Original Equipment Manufacturer (OEM) of the Water Heater and associated parts for use in the Galley water system on the 154’ WPC Fast Response Cutters. The reproduction manufacturing drawings, specifications and other technical data have not been purchased and is proprietary. The material, manufacturing processes and technical data of the Water Heater is proprietary to the OEM and not for sale as was requested by the Coast Guard. Vendors other than OEM shall provide documentation stating the Water Heater and Parts they are submitting for evaluation is authentic to HUBBELL ELECTRIC HEATER COMPANY. Vendors other than OEM shall provide documentation certifying the Water Heater and associated parts meets OEM specifications and standards as they pertain to the 154’ WPC Fast Response Cutters. 9. Provide a Statement of Actions, if any, the government may take to remove or overcome any barriers to competition before future acquisitions are required. The COR will continue to conduct market research to locate other vendors who may be able to supply the Water Heater and associated parts, provided they can meet all OEM specifications and standards.