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36 -- street/turf vacuum and sweeper (OB1908810) (2007-07-11)

This is a combined synopsis/solicitation for commercial items prepared in
accordance with the format in FAR Subpart 12.6, as supplemented with
additional information included in this notice. This announcement constitutes
the only solicitation; quotes are being requested and a written solicitation
will not be issued. The request for quotation solicitation number is HSCG42-
07-Q-QNEBM3. North American Industry Classification System (NAICS) code is
333112 and size standard is 500 employees. Solicitation document and
incorporated provisions and clauses are those in effect through Federal
Acquisition Circular 2005-17. This notice is issued by the U.S. Coast Guard
Training Center, Cape May, NJ requesting detailed cost/technical proposals
from sources capable of providing the commercial item with specified salient
features described herein.

STREET/TURF VACUUM AND SWEEPER:

TOWABLE, WITH GAS ENGINE MINIMUM OF 25 HP, VACUUM TO DELIVER SUPERIOR CLEANING
OF PARADE GROUNDS AND STREET CLEANING. UNIT SHALL BE SUPER QUIET AND USE
RECIRCULATED AIR. BRUSH DRIVE SHOULD BE DIRECT USING BIODEGRADABLE HYDRAULIC
FLUIDS. A HOPPER CAPACITY OF AT LEAST 7 CUBIC YARDS AND HAVE A PICK UP OF 60"
PER PASS, WIRELESS REMOTE CONTROL AND HAVE EDGE BRUSH FOR CLEANING CURBS. ON
SITE DELIVERY WITH OPERATIONAL DEMONSTRATION SHALL BE INCLUDED.

Shipping terms will be FOB destination and will be delivered to the following
address: 1 Munro Avenue, USCG Training Center, Cape May, NJ 08204 between the
hours of 0900 and 1500 Monday through Friday and shall be coordinated with the
designated technical representative. Inspection & Acceptance will be
conducted at the destination. The required delivery date is 45 days after
notice of award or earlier. The award will be a firm, fixed-price order and
will be awarded utilizing Simplified Acquisition Procedures. The Contractor
shall extend to the Government the full coverage of any standard commercial
warranty normally offered in a similar sale, provided such warranty is
available at no additional cost to the government. If a change occurs in this
requirement, only those offerors that respond to this announcement within the
required timeframe will be provided any changes/amendments and considered for
future discussions and/or award. The government will award an order resulting
from this solicitation to the responsible offeror whose offer conforms to the
solicitation that will be most advantageous to the government, price and other
factors considered. The government reserves the right to evaluate technical
compliance/conformance with specifications as indicated and make a best value
decision. This could result in award to other than the lowest price offer.
All responsible sources may submit an offer which will be considered by the
agency. All potential sources must obtain a DUNS number and register in the
Central Contractor Registration (CCR) in order to transact business with the
United States Coast Guard. Failure to obtain a DUNS number and register in
the CCR may result in the delay of award of a contract or possible award to
the next otherwise successful offeror who is registered in the CCR at the time
of award. All written proposals along with the required completed
clauses/provisions and information requested herein must be submitted and
received at this office on or before July 17, 2007 at 3:00 PM eastern time.
Send all written proposals to the following address: Contracting Officer,
U.S. Coast Guard Training Center, Administration Bldg Room 212A, Cape May, NJ
08204-5095, Attn: Shirley Green. Quotes may also be submitted via e-mail to
[Please use the link below] . Facsimile proposals will not be accepted. Please
direct all technical questions regarding this procurement to Mr. Gary Myers at
(609) 898-6955 or Gary.T.Myers@uscg.mil . Magnitude of the procurement is
BETWEEN $25,000.00 and $100,000.00. This is NOT a sealed bid advertisement,
and proposals will NOT be publicly opened.
**********************************************************************
Quotes shall be submitted on company letterhead stationary and must include
the following items:
**Company Name
**Company Address, Points of Contact, Phone numbers and e-mail addresses
**Nomenclature
**Part Number
**Unit Price
**Extended Price
**FOB Destination
**Any discount points for prompt payment
**Business Size standard and minority classification
**Commercial and Government Entity (CAGE) code
**DUNS number
**Tax ID number (TIN)
**CCR registration status
**Completed Offeror Representations and Certifications-Commercial Items
(ORCA), FAR 52.212-3.
**Provide for evaluation, prices and delivery as well as a narrative and all
pertinent sales literature showing how the proposed item meets the United
States Coast Guard?s specifications.
**Past performance information shall include recent and relevant contracts for
the same or similar items and other references (including contract numbers,
points of contacts with telephone number and other relevant information).
Offerors shall furnish this information for at least three contracts, ongoing
or completed within the last three years, for like or similar services held
with the U.S. Coast Guard, other Government agencies or private industries.

Only new items may be utilized to meet this requirement. The Contractor
will furnish a Certificate of Conformance in accordance with Federal
Acquisition Regulation (FAR) Clause 52.246-15. The Certificate of
Conformance shall be submitted in the format specified in the clause.

The following FAR and HSAR provisions and clauses apply to this request for
quotation and are incorporated by reference.

52.252-2 Clauses Incorporated by Reference (FEB 1998).
This solicitation incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Full text of FAR clauses
and provisions can be accessed electronically at the following address:
www.arnet.gov.
52.212-1 Instructions to Offerors Commercial Items (SEP 2006)
52.212-3 Offeror Representations and Certifications. Commercial Items (NOV
2006).
Offerors responding to this announcement must include a completed copy of
provision. An offeror shall complete only paragraph (k) of this provision if
the offeror has completed the annual representations and certifications
electronically at http:// orca.bpn.gov. If an offeror has not completed the
annual representations and certifications electronically at the ORCA website,
the offeror shall complete paragraphs (b) through (j) of the provision.

52.212-4 Contract Terms and Conditions Commercial Items (FEB 2007)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or
Executive Orders- Commercial Items. (MAR 2007)
52.204-4 Printed Copied Double-Sided on Recycled Paper (AUG 2000)
52.204-7 Central Contractor Registration (JUL 2006)
52.246-2 Inspection of Supplies, Fixed Price (AUG 1996).
52.247-34 F.O.B. Destination (NOV 1991)
52.211-17 Delivery of Excess Quantities (SEP 1989)
52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995).
Alternate I (SEP 2006).
52.219-8 Utilization of Small Business Concerns (MAY2004)
52.222-3 Convict Labor (June 2003) (E.O. 11755)
52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2006)
(E.O. 13126)
52.222-21 Prohibition of Segregated Facilities (Feb 1999)
52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246)
52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the
Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212)
52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29
U.S.C. 793)
52.222-37 Employment Reports on Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans. (SEP 2006) (38 U.S.C. 4212)
52.223-6 Drug-Free Workplace (MAY 2001)
52.225-1 Buy American Act-Supplies (JUNE 2003)
52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006)
52.232-33 Payment by Electronic Funds Transfer - Central Contractor
Registration (OCT 2003)

3052.209-70 Prohibition on contracts with corporate expatriates.
As prescribed at (HSAR) 48 CFR 3009.104-75, insert the following clause:
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 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.
(End of provision)

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