PURCHASE OF RFDS PARTS

(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. This requirement is being procured using procedures in with FAR Part 12, Acquisition of Commercial Items, and FAR 13.5, Simplified Procedures for Certain Commercial Items. It is the Government's intention to solicit and negotiate solely with the manufacturer, L-3 Harris Technologies, Inc. A copy of the sole source justification and approval is available as an attachment (Attachment C) with this solicitation. United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) 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 Government Accountability Office (GAO). Informal Forum with the Ombudsman. Interested parties who believe a specific 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 protesters 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 agencys 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 [email protected] and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is (202) 372-3695. (ii) The solicitation number is 70Z08520Q32003B00; 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 2020-07, effective July 2, 2020. (iv) This requirement will not be set aside for small businesses; the associated NAICS code is 811213. The product / service code is J059. The business size standard is 500. (v) The list of contract line item numbers including items, quantities, are as follows: Schedule of Supplies CLIN ITEM PART NUMBER NIIN QUANTITY UNIT PRICE EXTENDED PRICE 1 Transit Side Mitigation (TSM) Printed Wiring Assembly (PWA) 792088-04 5998 01-621-6396 3 (vi) The United States Coast Guard (USCG) has a need to purchase to purchase L3 Harris Technologies, Inc. Brand-name parts which support the operation and maintenance of the Radio Frequency Distribution System (RFDS), installed on the USCG 418 Maritime Security Cutter (WMSL) Legend Class of CG Cutters. The primary purpose of this contract is to ensure the availability of ready-for-issue (RFI) parts used onboard the 418 WMSL cutters. This solicitation will establish a purchase order with the selected offeror. (vii) USCG requires delivery of all items within 180 days of award. All items will be delivered to United States Coast Guard, Surface Forces Logistics Center, 2401 Hawkins Point Rd., Building 88A, Baltimore, MD 21226. The F.O.B. point for this acquisition is DESTINATION. (viii) The provision at 52.212-1, Instructions to Offerors Commercial (Oct 2015), applies to this acquisition. (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 considered. The following factors shall be used to evaluate offers: Price (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 offers 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 (Aug 2020) with your offer. Please be aware failure to provide a completed copy may result in elimination of quote due to nonconformance. (xi) FAR clause at 52.212-4, Contract Terms and Conditions Commercial Items (May 2015), applies to this acquisition. (xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statues or Executive Orders Commercial Items (Mar 2016), applies to this acquisition. The below FAR clauses cited in the clause are applicable to this acquisition: (a) FAR52.203-6 Restrictions on Subcontractor Sales to the Government. Alternative I (Oct 1995) (b) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (c) FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (d) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (e) FAR 52.219-8 Utilization of Small Business Concerns (Oct 2014) (f) FAR 52.219-28 Post Award Small Business Program Representation (Jul 2013) (g) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) (h) FAR 52.222-3 Convict Labor (Jun 2013) (i) FAR 52.222-19 Child Labor Cooperation with Authorities and Remedies (Jan 2016) (j) FAR 52.222-26 Equal Opportunity (Apr 2015) (k) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (l) FAR 52.222-37 Employment Reports on Veterans (Feb 2016) (m) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (n) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) (o) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (p) FAR 52.225-1 Buy American Supplies (May 2014) (q) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) (r) FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management (Jul 2013) (xiii) The below contract requirements have been determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices and Federal, DHS, and Coast Guard regulations. 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 supplies ordered under the contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address: U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Delivery Order / Task Order: ________________ All invoices must contain the following information to constitute a proper invoice: (1) Name and address of Contractor (2) Invoice date (3) Contract Number (4) Description, quantity, unit of measure, unit price and extended price (5) Terms of any prompt payment discounts offered (6) Dun & Bradstreet (DUNS) Number (7) Federal Tax Identification Number (8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s). Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The awarded Contractor is encouraged to assign an identification number to each invoice. Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contract Specialist and Contracting Officer clearly marked Information only. For additional terms and conditions, please see Attachment A SOW. Below are additional provisions and clauses required by the FAR, CGAP, or Department of Homeland Security necessary for this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): www.acquisition.gov (End of provision) 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 this/these address (es): www.acquisition.gov (End of clause) Clauses and provisions incorporated by reference: (a) FAR 52.202-1, Definitions (Nov 2013) (b) FAR 52.203-3, Gratuities (Apr 1984) (c) FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) (d) FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) (e) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (f) FAR 52.204-7, System for Award Management Number (Jul 2013) (g) FAR 52.204-13, System for Award Management Maintenance (Jul 2013) (h) FAR 52.204-18, Commercial & Government Entity Code (Jul 2015) (i) FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) (j) FAR 52.209-6, Protecting the Governments Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (k) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (l) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (q) FAR 52.219-14, Limitations on Subcontracting (Nov 2011) (r) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (s) FAR 52.245-1, Government Property (Apr 2012) (t) FAR 52.245-9, Use and Charges (Apr 2012) (u) FAR 52.246-2, Inspection of Supplies Fixed Price (Aug 1996) (w) FAR 52.246-15, Certificate of Conformance (Apr 1984) (x) FAR 52.246-16, Responsibility for Supplies (Apr 1984) (y) FAR 52.247-34, F.O.B. Destination (Nov 1991) 52.207-4 Economic Purchase QuantitySupplies (Aug 1987) (a) Offerors are invited to state an opinion on whether the quantity (ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. Offeror Recommendations Item Quantity Price Quotation Total (c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and re-solicit with respect to any individual item in the event quotations received and the Governments requirements indicate that different quantities should be acquired. (End of provision) 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. Federal contracts and grants with total value greater than $10,000,000 means (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal 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). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked has in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c) (1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c) (1) (i) through (c) (1) (iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) HSAR 3052.20970 Prohibition on Contracts 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 an acquisition described in section 835(b)(1) 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 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, 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 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (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. (End of Provision) HSAR 3052.209-79 Representation by Corporations regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability (Feb 2014) (DHS FAR Class Deviation 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: [Offeror please mark] (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Governments request. (End of provision) 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: (a) Provisions. 3052.205-70 Advertisement, Publicizing Awards, and Releases. 3052.242-72 Contracting Officers Technical Representative. 3052.247-72 F.O.B. Destination Only. (End of clause) (xiv) The Defense Priorities and Allocations System doesnt apply to this procurement. (xv) Offerors shall submit quotes as follows Vendor(s) shall submit an electronic copy of your firms quotation to Jackie Warfield at [email protected] using WinZip software no later than August 27th, 2020 at 4:00pm (EST). All submissions shall include 70Z08520S32003B00 in the subject line of the email. The WinZip password shall be submitted under a separate email by the aforementioned date and time. There is not a character length or mixed case requirement imposed on your password. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote Section 2: Any issued amendments to the solicitation. Quote page limit is 10 pages, including price quote and completed representations and certifications; font size 12 maximum. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about September 15th 2020. QUESTIONS: The last day to ask questions is August 26th, 2020 at 2:00PM, Eastern Standard Time (EST). Questions shall be submitted via e-mail to [email protected]. After this date, unless amended, questions will not be accepted. (xvi) For information regarding this solicitation, please contact Jackie Warfield at (410)762- 6627. This request for quote has one attachment: Attachment A SOW Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation.