Inactive Total Small Business Set-Aside (FAR 19.5)

(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 anno... (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. Informal Forum with the Ombudsman. Interested parties who believe a specific United States Coast Guard (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 OPAP@uscg.mil 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 70Z04019QPRN00400; 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 FAC_2019-01, dated 22 January 2019. (iv) This is a total small business set aside; the associated NAICS code is 314910. The small business size standard is 750 employees. The size standard for this acquisition is based on the average employment numbers of a firm in this industry. (v) Contractor shall provide twelve (12) expeditionary shelter systems in accordance with the Statement of Work, Attachment 2. Table 1. Contract Line Item Number (CLIN) Item Description Quantity Unit of Measure Unit Price Total Amount 0001 HDT Expeditionary Systems, Inc. Base-X 307 Shelter or Equal 12 Ea (vi) The United States Coast Guard (USCG) Mobile Support Unit has a need for twelve (12) new expeditionary shelters and corresponding components to be used for world wide deployment. The minimum salient characteristics that will be used to determine if other than the brand name are equal to the item that meets the USCG requirements are listed below: Fabric walled, transportable shelter systems Rotationally molded transportation cases Environmental control units (ECUs) Desert tan colored Partitions capable of dividing a shelter into at least two rooms Minimum of 8 string able lights per shelter with all associated wiring and hangers Solar shade/blankets capable of reducing solar heat load, improve energy efficiency, and interior comfort All required power distribution cables, distribution units and required connectors to connect power generator source to required power consuming devices Standard commercial warranty (vii) USCG requires delivery of all items within 120 days of contract award. All items will be delivered to U.S. Coast Guard Yard, 2401 Hawkins Point Road, Baltimore, Maryland, 21226. The F.O.B. point for this acquisition is destination. (viii) The provision at 52.212-1, Instructions to Offerors – Commercial (Oct 2018), applies to this acquisition. Required Documents: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote; 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. Quotation Submission: All quotation submissions shall be submitted via email to Kimberly.Milewski@uscg.mil. Quotations are due no later than 4/18/2019 by 4:00 PM EST. All submissions shall include “70Z04019QPRN00400” in the subject line of the email. E-Mail Submissions: Vendors are cautioned that e-mail is not instantaneous. USCG recommends that you submit your quotation prior to the closing date, allowing enough time to ensure the entire quotation is received on time to be considered for award. Due to Government exchange size limitations, we cannot receive individual e-mails that exceed 10MB, including the e-mail itself plus all attachments. If your electronic quotation, including all attachments, is larger than 10MB, you shall segment your quotation into a series of two (2) or more separate e-mails that individually are no larger than 10MB. The Government cannot receive e-mails if they contain compressed attachments (i.e. WINZip). (ix) The provision at 52.212-2, Evaluation – Commercial Items (Oct 2014), applies to this acquisition. (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: 1. Technical The Offeror shall provide written certification that their proposed solution shall comply with the technical requirements indicated in the Statement of Work: Expeditionary Shelters (Attachment 1) and the RFQ. The Government will evaluate this information for technical acceptability ONLY, which includes, but is not limited to: 1) meeting the minimum requirements of the specification; 2) proposed solution meets specification requirements; 3) warranty information provided and 4) meets the requested delivery schedule. Any response that does not provide this information will be considered non-responsive and removed from further consideration for award. 2. Price Offeror’s price shall represent the best price in response to the Request for Quotation (RFQ). The price shall be evaluated to determine fairness and reasonableness. Adequate price competition is expected to support the determination of reasonableness. Offerors are required to provide prices for all items/CLINs. All prices on CLINs shall be firm-fixed price and shall indicate FOB DESTINATION as referenced in FAR 52.247-34. The total of all CLINS shall be added together to arrive at an aggregate total. 2.1 Price Reasonableness Price analysis techniques may be used to further validate price reasonableness. If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government obtained information, additional information will be required to support the proposed price. Unrealistically low proposed prices, initially or subsequently, may be grounds for eliminating a quote from competition either on the basis that the Offeror does not understand the requirements or that the Offeror has submitted an unrealistic quote. 3. Past Performance Offerors shall furnish the information listed below for 3 different contracts that are ongoing or completed within the last three (3) years, are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully. Name of Company/Organization: Contract Number: Contract Type/Amount: Period of Performance: Description of Supply or Service: First Point of Contact (Name): Phone Number: E-Mail Address: Second Point of Contact (Name): Phone Number: E-Mail Address: Award shall be made to the lowest priced technically acceptable offeror. The Government will evaluate the lowest-priced quotation first for technical acceptability and acceptable past performance. If found to be acceptable, evaluations will stop and award will be made to that offeror. If found to be unacceptable in either technical or past performance, the Government will move to the next-lowest-priced quotation and repeat the evaluation. This process will be followed until award is made. (c) 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 (x) Offerors please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (Oct 2018) with your offer. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision. (xi) FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018), applies to this acquisition (xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statues or Executive Orders – Commercial Items (Jan 2019), applies to this acquisition. (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) FAR 52.203-6, Restrictions on Subcontractor Sales to the Government. Alternative I (Oct 1995) (2) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (3) FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (4) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (5) FAR 52.209-7, Information Regarding Responsibility Matters (Oct 2018) (6) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (7) FAR 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony under any Federal Law (Feb 2016) (8) FAR 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (9) FAR 52.219-8, Utilization of Small Business Concerns (Oct 2018) (10) FAR 52.219-14, Limitations on Subcontracting (Jan 2017) (11) FAR 52.219-28, Post Award Small Business Program Representation (Jul 2013) (12) FAR 52.222-3, Convict Labor (Jun 2003) (13) FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Jan 2018) (14) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (15) FAR 52.222-26, Equal Opportunity (Sept 2016) (16) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (17) FAR 52.222-37, Employment Reports on Veterans (Feb 2016) (18) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (19) FAR 52.222-50, Combating Trafficking in Persons (Jan 2019) (20) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (21) FAR 52.225-1, Buy American-Supplies (May 2014) (22) FAR 52.225-5, Trade Agreements (Aug 2016) (23) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (24) FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) (xiii) Additionally, the following FAR Clauses and Provisions apply to this solicitation. FAR 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 www.acquisition.gov. FAR 52.204-4 FAR 52.204-7 FAR 52.232-40 Printed or Copied Double-Sided on Recycled Paper (May 2011) System For Award Management (Oct 2018) Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) HSAR 3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (Dec 2003) FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause. (b) The use in this solicitation or contract of any Homeland Security Acquisition Regulation clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEPT 2013)(DHS-USCG DEVIATION 14-01) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR. (c) The Contractor shall insert the substance of this clause, including paragraph (c), in all subcontracts over the simplified acquisition threshold. HSAR 3052.209-70 PROHIBITION ON CONTRACT 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 the acquisition described in subsection (b)(1) of Section 835 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 3009.104-70 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 3052.212-70 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: _X_ 3052.205-70 Advertisement, Publicizing Awards, and Releases. _X_ 3052.242-72 Contracting Officer’s Technical Representative. _X_ 3052.247-72 F.o.B Destination Only. INSPECTION AND ACCEPTANCE Inspection and acceptance will be made at destination by a Government Representative. Acceptance will be contingent upon the Representative's verification of no damage in transit, correctness and completeness of installation and contractors conformance to all the requirements spelled out in the Specification. INVOICING REQUIREMENTS (a) All information set forth in FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Items 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 invoices shall be submitted to Commercial Invoice U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326 M/F: Purchase Order Number: (To be furnished at the time of award) All invoices must contain the following information to constitute a proper invoice: (1) Name and address of Contractor (the name on the invoice must match the name on the task order) (2) Invoice Number and Invoice Date (3) Contract Number (4) Contract Line Item Number(s), including description, quantity, unit and total prices (5) Terms of any discount for prompt payment, if offered (6) Name and address of official to whom payment is to be sent (7) Name, title, phone number, and email address of individual to be notified upon receipt of improper invoice(s). (8) DUNS Number (9) Tax Identification Number Annotate on the invoice indicating that the contractor represents a small business for accelerated payment purposes (A) The Coast Guard unique Invoice Routing Code (IRC) for this contract or delivery/task order is: Invoice Routing Code (IRC) SFLC-3 (B) Each invoice must be submitted to the designated billing office via on of the following modes, listed in descending order of preference: FINCEN Website invoice receipt form: https://www.fincen.uscg.mil/secure/web_invoices_cgyard.htm Fax: (757) 523-6906 Mailed to: Commercial Invoice U.S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326 (C) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file, or as otherwise specified in the contract. (D) Supporting documentation along with a copy of the invoice should also be e-mailed to the Contract Specialist at the addresses cited below: Kimberly.Milewski@USCG.mil (E) In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received: (1) On the later of: (i) For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt. (ii) For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipients; or (iii) The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless— The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date; (2) On the date placed on the invoice by the contractor, when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or (3) On the date of delivery, when the contract specifies that the delivery ticket may serve as an invoice. (4) Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. (5) Payment inquires and status may be obtained at the following website: https://www.fincen.uscg.mil/secure/payment.htm RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice. NAME: ___________________________________________ TITLE: ___________________________________________ ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ TELEPHONE NUMBER: _______________________________ EMAIL ADDRESS: _______________________________ CONTRACT ADMINISTRATION DATA The Contracting Officer or authorized representative, Kimberly Milewski, located at the U.S. Coast Guard Surface Forces Logistics Center 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the administrator of this contract. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL (a) The Contractor shall not accept any instruction issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority. A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority. (b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein. GOVERNMENT REPRESENTATIVES (a) The Government, may, upon contract award or thereafter, name a representatives with titles such as Project Officer, Contracting Officer’s Technical Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment. (b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner. (xiv) The Defense Priorities and Allocations System doesn’t apply to this procurement. (xv) Offerors shall submit quotes as follows – Date: 4/18/2019 Time: 4:00 PM EST Place: All quotation submissions shall be via email to Kimberly.Milewski@uscg.mil. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about 22 April 2019. (xvi) For information regarding this solicitation, please contact Kimberly Milewski, Contracting Officer, at (410) 762-6978 or Kimberly.Milewski@uscg.mil . Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation.