MEN'S AND WOMEN'S RUNNING SHOE
Added: Apr 23, 2009 7:44 am This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, and 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. The solicitation number is HSCG23 09-R-PPH001 and is issued as a request for proposal (RFP). This RFP incorporates provisions and clauses that are in effect tough Federal Acquisition Circular (FAC) 2005-30. The associated North American Industrial Classification System (NAICS) code for this procurement is 316219 with a small business size standard of 500 and is issued on an unrestricted basis inviting full and open competition. The deadline for submitting a proposal package is: Thursday, May 7, 2009 at 2:00 PM, local time. The U.S. Coast Guard has a requirement for a sneaker that is brand name or equal to New Balance (NB) 993 running shoe. The sneaker should meet all salient characteristics as listed in the attached description. As a result of this solicitation, it is anticipated that a Firm-Fixed Priced Indefinite Delivery-Indefinite Quantity (IDIQ) type contract with provisions for issuance of delivery orders will be awarded. The period of performance will be five (5) years from date of award. Under this contract, the Government agrees to purchase a minimum of 2,000 sneakers. The total maximum contract quantity is 37,500 shoes (7,500 annually) over a five year period. Tariff sizes and quantities for proposal evaluation purposes are as follows. All line items shall be Firm-Fixed Price (FFP): Base Year Line Item 00001: Sneaker, Running, Men Quantity: 6,450 Sizes: Widths D 7-13,14,15,16 / Width 2E 7-13,14,15,16 / Width 4E 7-13,14,15,16 Line Item 00002: Sneaker, Running, Women Quantity: 1,050 Sizes: Width 2A 6-11,12,13 / Width B 5-11,12,13 / Width D 5-11,12,13 Option Year One (1) Line Item 10001: Sneaker, Running, Men Quantity: 6,450 Sizes: Widths D 7-13,14,15,16 / Width 2E 7-13,14,15,16 / Width 4E 7-13,14,15,16 Line Item 10002: Sneaker, Running, Women Quantity: 1,050 Sizes: Width 2A 6-11,12,13 / Width B 5-11,12,13 / Width D 5-11,12,13 Option Year Two (2) Line Item 20001: Sneaker, Running, Men Quantity: 6,450 Sizes: Widths D 7-13,14,15,16 / Width 2E 7-13,14,15,16 / Width 4E 7-13,14,15,16 Line Item 20002: Sneaker, Running, Women Quantity: 1,050 Sizes: Width 2A 6-11,12,13 / Width B 5-11,12,13 / Width D 5-11,12,13 Option Year Tee (3) Line Item 30001: Sneaker, Running, Men Quantity: 6,450 Sizes: Widths D 7-13,14,15,16 / Width 2E 7-13,14,15,16 / Width 4E 7-13,14,15,16 Line Item 30002: Sneaker, Running, Women Quantity: 1,050 Sizes: Width 2A 6-11,12,13 / Width B 5-11,12,13 / Width D 5-11,12,13 Option Year Four (4) Line Item 40001: Sneaker, Running, Men Quantity: 6,450 Sizes: Widths D 7-13,14,15,16 / Width 2E 7-13,14,15,16 / Width 4E 7-13,14,15,16 Line Item 40002: Sneaker, Running, Women Quantity: 1,050 Sizes: Width 2A 6-11,12,13 / Width B 5-11,12,13 / Width D 5-11,12,13 Delivery Location: The articles to be furnished under this contract shall be delivered all transportation charges paid by the contractor to: CG Uniform Distribution Center, 414 Madison Avenue, Woodbine, NJ 08270. PROPOSAL SUBMITTAL REQUIREMENTS: 1) If submitting other than brand name NB 993, offerors should submit the following: Product Demonstration Models (PDMs) of your proposed sneaker at or prior to the time specified for receipt of offers. The product samples shall consist of two (2) pairs of sneakers one each in men - size 9.5 and women - size 7 Certificates of compliance for Shock Attenuation Test and Forefoot Flexibility Test from an independent testing laboratory with sufficient data to demonstrate compliance with requirements in the applicable specification. This report shall indicate that the minimum specification requirements have been met. Clearly identify the item by (a) Brand name, if any; and (b) Make or model number. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available with your proposal; A list and description of component materials, parts, and suppliers used to produce the item; 2) Past Performance - Offerors shall submit past performance references for up to tee of their most recently completed Federal Government contracts (not to exceed tee years since completion) for supplies/services that are similar in scope, size and complexity to this procurement. If you do not have any Federal Government contracts, then list state, local, or commercial contracts, in that order. Include the contract number/type/value/ description/contracting officer and technical points of contact (POCs). The POCs names, telephone numbers, agencies and e-mail addresses must also be included. Failure to submit this information shall be considered certification that the contractor has no past performance for the Government to evaluate. 3) Price: All offerors shall submit pricing for maximum ordering quantities of 7,500 for each of the five (5) years. It is the intent of the USCG to award with the logo (described in the attached description) unless additional cost determined unreasonable or unaffordable in budget. Offerors shall submit pricing using the attached Excel Spreadsheet with and without the inclusion of the Logo. APPLICABLE PROVISIONS AND CLAUSES: The following FAR provisions and clauses apply to this solicitation: (1) FAR 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 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 offer. Also, the full text of a solicitation provision may be accessed electronically at this address: http://www.arnet.gov; FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2009). A completed copy of this provision, Offeror Representations and Certifications should be included with the offer. Offerors are required to submit on-line Reps & Certs (see https://orca.bpn.gov/). The following Federal Acquisition Regulation (FAR) provisions and clauses in their latest editions apply to this solicitation: 52.212-1 Instructions to Offerors -- Commercial Items (Jun 2008). The following terms and conditions are added as an addendum to this clause: Note 1: If submitting other than brand name NB 993, the contractor shall be required to submit for approval a first article lot production in accordance with FAR clause 52.209 which is included in this solicitation. The first article lot shall include the 100 pairs of tennis shoes (sizes will be provided at contract award). Approval as used in this paragraph means the contracting officers written notification to the contractor accepting the test results of the first article. The initial delivery order expected to be awarded at the time of award or shortly thereafter, will execute the first article testing requirement. Note 2: Initial delivery of no less than a quantity of 1,000 pairs of tennis shoes within 90 days after approval of first article test and delivery thereafter of no less than a quantity of 1,000 tennis shoes every 60 days after issuance of subsequent delivery orders until delivery is complete. Note 3: If you offer other than brand name items identified in this solicitation, you must submit PDM samples and provide adequate information for USCG to determine the equality of the product(s) offered. Note 4: Offers and pricing should remain valid for a period of 180 days from solicitation close. Note 5: Offerors not submitting the correct PDM quantities, sizes and other proposal requirements will be considered non compliant and will not be evaluated for award consideration. Note 6: PDM samples shall be submitted at no expense to the Government and will not be returned. Note 6: Offerors are limited to providing only one proposal each (i.e., product). Note 7: The Government will evaluate proposals and may award a contract without discussions with offerors. Therefore, the offerors initial proposal should contain the offerors best terms from a cost or price and technical standpoint. However, the Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (End of addendum) BASIS FOR AWARD: In accordance with FAR 52.212-2 -- Evaluation -- Commercial Items (Jan 1999): (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) PRODUCT DEMONSTRATION MODELS (PDMs) - will be evaluated for the following: Conformance with the salient characteristics of the description/specification; pass the Shock Attenuation Test and Forefoot Flexibility Test and visual examinations. 2) PAST PEFORMANCE will be evaluated for the following: Relevance and extent of previous contracts, quality and conformance of supplies/services to contract requirements, timely delivery/performance, customer satisfaction, and cost control. Past performance information (PPI) utilized in the evaluation will be obtained from contractor references, as well as any other sources which may have relevant information. Contractor references that cannot be contacted will not be considered. Greater weight (both positive and/or negative) will be given for performance under previous contracts that are more similar in scope, size and complexity to this procurement. Those offerors with no relevant past performance information will be evaluated neither favorably nor unfavorably, however, an offer with no relevant past performance history may not represent the most advantageous proposal to the Government. 3) Price: For evaluation purposes, all offerors should submit pricing for maximum ordering quantities of 7,500 pairs for each of the five (5) years. The offerors proposed price will be evaluated but not rated. Award under this procurement will be made to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Both factors mentioned above are of equal importance and both factors are more important than price. As technical scores converge, the price grows more important in making the award selection. The Government may award to other than the lowest priced offeror. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (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. (End of Provision) The following FAR provisions and clauses apply to this acquisition: 52.212-4 Contract Terms and Conditions -- Commercial Items (Feb 2007) The following terms and conditions are added as an addendum to this clause: 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Dec 2008) 52.209 First Article Approval Government Testing (Sep 1989) (insert: 100 units, Line Item 0001 & 0002, 60 days, U.S. Coast Guard Clothing Design and Technical Office, U.S. Army Soldier Systems Center, Warehouse 20-86m 15 Kansas Street, Natick, MA 01760; 21 days) 52.211-6 Brand Name or Equal (Aug 1999) 52.216-18 Ordering (Oct 1995) (insert: date of award tough five years) 52.216-19 Order Limitations (Oct 1995) (insert: (a)(1) Minimum order: 1,000 pairs of sneakers (b)(1) Maximum single order: 7,500 pairs of sneakers; (2) (7,500) (3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section; 52.216-22 Indefinite Quantity (Oct 1995) (insert: month of contract award/2014); 52.217.5 Evaluation of Options (Jul 1990) 52.217.6 Option for Increased Quantity (Mar 1989) (insert 30 days) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (insert 10 days, 15 days, 5 years); Homeland Security Acquisition Regulation (HSAR) Clauses 3052.209-70, Prohibition on Contracts with Corporate Expatriates (June 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 Afiliated 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 tough 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 tough 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 tough 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. (End of provision) CG 912 Clauses - Organizational Conflicts Of Interest for Contracts Awarded By the U.S. Coast Guard Office of Contract Operations (a) The contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest, which is defined as a situation in which the nature of work under a government contract and a contractors organizational, financial, contractual or other interests are such that: (1) Award of the contract may result in an unfair competitive advantage; or (2) The contractors objectivity in performing the contract work is or might be otherwise impaired. (b) The contractor agrees that if after award he or she discovers an actual or apparent organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the contractor has taken or intends to take to eliminate or neutralize the conflict. The government may, however, terminate the contract for the convenience of the government if it would be in the best interest of the government. (c) In the event the contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the government may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts and consulting agreement wherein the work to be performed is similar to the service provided to the Government by the prime contractor. The contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize organizational conflicts of interest. (End of Addendum) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Mar 2009) the following clauses incorporated in 52.212-5 are also applicable: 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) (Pub. L. 108-77, 108-78) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a) 52.219-8 Utilization of Small Business Concerns (May 2004) 52.219-9 Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4)) 52.219-16 Liquidated DamagesSubcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor Cooperation with Authorities and Remedies (Feb 2008) (E.O 13126) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Apr 2002) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201) 52.222-50, Combating Trafficking in Persons (Feb 2009) (Applies to all contracts) 52.225-1 Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d) 52.225-5 Trade Agreements (Mar 2009) 52.225-6 Trade Agreements Certificate (Jan 2005) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer -- Central Contractor Registration (Oct. 2003), - an award can only be made to contractors registered in the Central Contractor Registration (http://www.ccr.gov). FAR 52.233-2 Service Of Protest (Sept 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. U.S. Coast Guard Headquarters Contracting Officer, CG-9121(WS) 1900 Half Street, SW (Jemal Bldg) Washington, DC 20593-0001 NOTICE FOR FILING AGENCY PROTESTS It is the policy of the Coast Guard 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 General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the 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 tough 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 urgent and compelling reasons 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 at 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. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should submitted to: Department of Homeland Security United States Coast Guard (CG-9131) Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602 Washington DC 20593-0001 FAX: 202-475-3904 The Ombudsman Hotline telephone number is 202-372-3695 ADDITIONAL PROPOSAL INSTRUCTIONS: Offerors shall propose firm-fixed prices on a per year basis for the maximum quantities for each year. Offerors are required to submit Technical (not to exceed 25 pages) and Price Proposals. If submitting other than brand name NB 993, the technical proposal shall include (a) Brand name, if any; of the proposed product and (b) Make or model number. Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available with your proposal. A description of the performance history of the item should also be included. The pricing proposal shall include a completed copy of Reps & Certs, past performance information and pricing. Offerors are encouraged to submit your proposal and PDMs by mail, to the following address: Commandant, U.S. Coast Guard Headquarters, Attn: Ms. Wendy Stevenson (CG-9121), 1900 Half St, SW, Washington, DC 20593. No facsimile offers will be accepted. Offerors not submitting the correct PDM quantities, sizes and other proposal requirements will be considered non compliant and will not be evaluated for award consideration. All questions should be submitted in writing to Ms. Stevenson at wendy.stevenson@uscg.mil before April 30, 2009. It is each offerors responsibility to ensure the offer is received (in total) by the proposal DUE DATE OF 2 pm local time on May 7, 2009. Offerors are hereby notified that if your proposal is not received by the date, time and location specified in this announcement, it will not be considered.
HSCG23-09-R-PPH001 Department of Homeland Security US Coast Guard
4/23/09, 7:44 AM