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16 -- Fittings for use on the H60 Model Helicopter (OB1867367) (2007-03-10)

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. The solicitation number is HSCG38-06-Q-S00047. Sikorsky Aircraft
Corp is the Original Equipment Manufacturer. This is a competitive procurement
all responsible offeror will be considered. This is for the purchase of various
fittings used on the H-60 class helicopter. All fitting have ?No Pilot Holes?.
The government reserves the right to order in whole or in part. Multiple
awards may result from this announcement.

1. Fitting, p/n 70209-22206-106, NSN 1560-01-HS1-5510, 8, EACH
2. Fitting, p/n 70209-22215-108, NSN 1560-01-HS1-5509, 3, EACH
3. Fitting, Radar Bulkhead, p/n 70209-81220-105, NSN 1560-01-HS1-3464, 9, EACH
4. Fitting Stabilator, p/n 70209-27002-102, 1560-01-206-1851, 22 EACH
5. Fitting, Aft, p/n 70209-22311-045, 1560-01-HS1-0825, 7 EACH
6. Fitting R/H, p/n 70209-22111-105, NSN 1560-01-HS1-5542, 3 EACH
7. Fitting/ p/n 70209-22315-105, NSN 1560-01-HS1-5528, 3, EACH
8. Reserved
9. Fitting, p/n 70209-22110, NSN 1560-01-HS1-5365, 3 EACH
10. Fitting Assy, p/n 70209-82213-109, NSN 1560-01-HS1-7813, 2 EACH
11. Bracket Pulley, p/n 70400-25130-104, NSN 1560-01-415-4051, 3 EACH
12. Fitting Assy Stab, p/n 70209-26012-046, NSN 1560-01-316-3845, 7 EACH
13. Fitting, AY, p/n 70209-82210-048, NSN 1560-01-HS1-9179, 2 EACH
14. Fitting, p/n 70209-23001-104, NSN 1560-01-442-0257 2 EACH
15. Fitting AY, LHS, p/n 71209-82221-041, NSN 1560-01-HS1, 9245, 10 EACH
16. Fitting, AY, RHS, p/n 71209-822221-042, NSN 1560-01-HS1-9244, 10 EACH

. Items are to be delivered to USCG, ARSC Receiving Section, Bldg 63, Elizabeth
City, North Carolina, 27909-5001. Final acceptance shall be at destination. The
Coast Guard does not own, nor can it provide drawings or specifications for
these items. FAR Provision 52.212-2 does not apply in that award will be
made to the offeror who submits the lowest price. This is a combined
solicitation/ synopsis. There is no formal solicitation document. Closing date
and time for receipt of offers is March 19, 2007, 3:00 p.m. Facsimile offers
are acceptable and may be forwarded via Fax to: (252) 335-6790. Offers may be
submitted on company letterhead stationery indicating nomenclature, part number,
unit price, and extended price for the items offered; plus the FOB point,
estimated shipping cost, discounts for prompt payment and business size
standards and minority classification. A Company representative authorized to
commit the company must sign this offer. The solicitation document and
incorporated provisions and clauses are those in effect through Federal
Acquisition Circular 2005-15. The following Federal Acquisition Regulation
(FAR) provisions and clauses apply:
The evaluation factor for award of this requirement will be based on lowest
price obtained from a responsible offeror. FAR provision 52.212-3, Offeror
Representations and Certifications-Commercial Items (NOV 2006) Offerors
shall include a completed copy of this provision with their offer or complete
only paragraph (j) of the 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 only paragraphs
(b) through (i) of this provision.
The following FAR provisions and clauses apply to this
solicitation and are incorporated by reference: FAR 52.212-1, Instructions
to Offerors - Commercial Items (SEPT 2006); FAR 52.212-5, Contract Terms and
Conditions Required to Implement Statutes or Executive Orders-Commercial Items
(NOV 2006); FAR 52.203-6, Restrictions on Subcontractors Sales to the Government
(SEPT 2006), Alternate I, (Oct 1995); FAR 52.219-8, Utilization of Small, Small
Disadvantaged and Women-Owned Small Business Concerns (May 2004); FAR 52.222-26,
Equal Opportunity (Apr 2002); FAR 52-222-35, Equal Opportunity for Special
Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
(SEPT2006); FAR 52.222-36, Affirmative Action for Workers with Disabilities
(June 1998); FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans
of the Vietnam Era (Dec 2001); FAR 52.225-3, Buy American Act-Free Trade
Agreements-Israeli Trade Act (NOV 2006); FAR 52.233-3, Protest After Award (Aug
1996); FAR 52.203-3 Gratuities (Apr 1984); FAR 52.203-8, Cancellation,
Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997);
FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity (Jan
1997); FAR 52.203-12, Limitation on Payments to Influence Certain Federal
Transactions (SEPT 2005); FAR 52.204-4, Printing/Copying Double-Sided on
Recycled Paper (Aug 2000); FAR 52.211-15, Defense Priority and Allocation
Requirements (Sep 1990); FAR 52.219-6, Notice of Total Small Business Set-Aside
(Jun 2003); FAR 52.243-1, Changes Fixed Price (Aug 1987) Alternate I (Apr 1984);
FAR 52.245-1, Property Records (Apr 1984); FAR 52.247-34, FOB Destination (Nov
1991). 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 Public Law 107-296, prohibits the Department of Homeland Security
from entering into any contract with a foreign incorporated entity after
November 25, 2002, which is treated as an inverted domestic corporation as
defined in this clause.
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
homeland security, or to prevent the loss of any jobs in the United States or
prevent the Government from incurring any additional costs that otherwise would
not occur.
(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, Public Law 107-296, 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 after November 25, 2002, 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, Public Law 107-296.
(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 after the date of enactment of this Act and 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 Public Law 107-296 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.
By signing and submitting its offer, an offeror under this solicitation
represents that it not a foreign incorporated entity that should be treated as
an inverted domestic corporation pursuant to the criteria of Section 835 of the
Homeland Security Act, Public Law 107-296 of November 25, 2002.

(g) If a waiver has been granted, a copy of the approved waiver shall be
attached to the bid or proposal.
(End of provision)

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
Accountability 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 form. 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 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 urgent and compelling
reasons 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 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 be forwarded to the address below: Commandant (CG-851), 2100 2nd Street,
SW, Room 2606, Washington D.C. 20593 Telephone (202) 267-2285 Fax: (202) 267-4011

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