Yard-Switcher Rail Locomotive
7 June 2023 Subject: Request for Quotation for Yard-Switcher Rail Locomotive 6913G623Q300045 This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented by the additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. Solicitation No. 6913G623Q300045 is issued as a Request for Quotation (RFQ). This solicitation is being conducted under FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures as authorized by FAR Subpart 13.5. Solicitation clauses and provisions are those in effect tough Federal Acquisition Circular 2023-03 and Transportation Acquisition Regulation (TAR) Final Rule 2022-19907 (effective 7 November 2022). The applicable NAICS Code is 336510; which has a Small Business size standard of 1,500 employees. The U.S. Department of Transportation, John A. Volpe National Transportation Systems Center (Volpe Center) in Cambridge, MA has a requirement for the following rail locomotive and associated camera system in support of its sponsor, the Department of the Navy in accordance with the attached specifications. Line Item 00100: One (1) Industrial Switching Locomotive in accordance with the attached specifications Line Item 00101 (OPTION) Locomotive Camera System for the Locomotive under Line Item 00100 in accordance with the attached specifications. At minimum, the system shall include four (4) cameras with split screen monitor: two (2) cameras in the front and two (2) cameras in the rear to monitor coupling and track path. Cameras and monitor shall be hard-wired and not utilize wireless transmission and not have the ability to record. Option may be exercised within 12 months of award of the purchase order. Line Item 00200 (OPTION): Option to purchase one (1) additional Industrial Switching Locomotive in accordance with the specifications of Line Item 00100. Option may be exercised within 12 months of award of the purchase order. Line Item 00201 (OPTION): Locomotive Camera System for the Locomotive under Line Item 00200 in accordance with the attached specifications. At minimum, the system shall include four (4) cameras with split screen monitor: two (2) cameras in the front and two (2) cameras in the rear to monitor coupling and track path. Cameras and monitor shall be hard-wired and not utilize wireless transmission and not have the ability to record. Option may be exercised within 12 months of award of the purchase order. Evaluation Criteria: The Government will award a purchase order resulting from this solicitation to the responsible vendor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotations: Technical: Technical Evaluation will be based on product quality (meets or exceeds specifications outlined in the statement of work), product features (meets or exceeds specifications outlined in the statement of work), and quoted delivery schedule. The quotation must clearly demonstrate that it meets or exceeds the specifications outlined in the statement of work. Quotations that offer products that do not meet the specifications will be considered technically unacceptable. Past Performance: Any available sources of past performance information may be used by the Government to determine past performance rating. Vendors are encouraged to provide references to recent and relevant contract experience. Past performance references will be considered relevant based on similarity of scope and magnitude of effort and complexity to the current requirement. Past contracts performed within the past 5 years from the date of RFQ issuance will be considered recent. Price: Price quotations will be evaluated using price analysis techniques. Quotations must include the following: 1. Pricing: The quotation must clearly provide pricing for each Line Item listed on the Request for Quotation. Pricing shall be inclusive of all shipping cost (FOB Destination terms are required). The quotation must also provide any applicable discount terms for prompt payment. 2. Technical Information: The quotation must clearly show adherence to the technical specifications. Any exception to technical specifications must be clearly indicated on the quotation. An exception may result in the quotation being considered technical unacceptable. 3. Delivery Due Date: The quotation must include a delivery due date. The delivery due date must be expressed in terms of delivery lead time from date of receipt of award. Delivery is requested within 12 months of the date of award of the purchase order for the base item and within 12 months of option exercise for all option items. Failure to meet the requested delivery date may result in the quotation being technically unacceptable and ineligible for award. 4. Required Contractor Information: - Unique Entity Identifier (UEI) - Complete Business Mailing Address - Contact Name, Phone, and Email Address - Discount Terms - Documentation from the Original Equipment Manufacturer (OEM) of authorized seller status, if not the OEM NOTICE: All vendors shall have an active UEI registration on System for Award Management (SAM) (www.sam.gov) to be considered for award. The following FAR Clauses and Provisions apply to this Request for Quotation: 52.202-1 - Definitions (JUN 2020) 52.203-3 - Gratuities (APR 1984) 52.203-6 with its Alt 1 - Restrictions on Subcontractor Sales to the Government (JUN 2020) 52.203-11 - Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) 52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (JUN 2020) 52.203-17 - Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) 52.203-18 - Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017) 52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-7 - System for Award Management (OCT 2018) 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 - System for Award Management Maintenance (OCT 2018) 52.204-16 - Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 - Ownership or Control of Offeror (AUG 2020) 52.204-18 - Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 - Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-20 - Predecessor of Offeror (AUG 2020) 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.204-22 - Alternative Line Item Proposal (JAN 2017) 52.204-23 - Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 - Covered Telecommunications Equipment or Services-Representation (OCT 2020) 52.207-4 - Economic Purchase Quantity-Supplies (AUG 1987) 52.209-2 - Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015) 52.209-5 - Certification Regarding Responsibility Matters (AUG 2020) 52.209-6 - Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-7 - Information Regarding Responsibility Matters (OCT 2018) 52.209-9 - Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) 52.212-1 - Instructions to Vendors - Commercial Products and Commercial Services (Tailored for Simplified Acquisition Procedures) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appears on Page 1 of this combined synopsis/solicitation. However, the small business size standard for a concern which submits a quotation in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before he exact time specified in this solicitation. Quotations may be submitted on letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quotations must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotations; (3) The name, address, and telephone number of the vendor; (4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) Remit to address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3( b ) for those representations and certifications that the vendor shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quotations that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) The vendor agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotations, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quotations. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple quotations. Vendors are encouraged to submit multiple quotations presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quotation submitted will be evaluated separately. (f) Late submissions. (1) Vendors are responsible for submitting quotations so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotations are due. (2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late quotation would not unduly delay the acquisition. (3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (g) Contract award. The Government intends to evaluate quotations and issue a purchase order based on the initial quotations received. Therefore, the vendor’s initial quotation should contain the vendor’s best terms from a price and technical standpoint. The Government reserves the right to request revised quotations from, or negotiate final purchase order terms with, one or more, but not all, vendors if later determined by the Contracting Officer to be necessary. However, the Contracting Officer will not establish a competitive range, conduct discussions, or otherwise use the procedures described at FAR 15.306. The Government may reject any or all quotations if such action is in the public interest; and issue a purchase order to other than the vendor with the lowest priced quotation. (h) Multiple awards. The Government may issue a purchase order for any item or group of items of a quotation, unless the vendor qualifies the quotation by specific limitations. Unless otherwise provided in the Schedule, quotations may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the vendor specifies otherwise in the quotation. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (h)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j)Unique entity identifier. (Applies to all quotations that exceed the micro-purchase teshold, and quotations at or below the micro-purchase teshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The vendor shall enter, in the block with its name and address on the cover page of its quotation, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the vendor's name and address. The vendor also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the vendor to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the vendor does not have a unique entity identifier, it should contact the entity designated at www.sam.gov (k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quotation, the vendor acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and tough final payment of any purchase order resulting from this solicitation. If the vendor does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered vendor. vendors may obtain information on registration and annual confirmation requirements via the SAM database accessed tough https://www.acquisition.gov (l) Debriefing. If a post-award debriefing is given to requesting vendors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed vendor’s quotation. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed vendor and past performance information on the debriefed vendor. (3) A summary of the rationale for award; (4) For acquisitions of commercial products, the make and model of the product to be delivered by the successful vendor. (5) Reasonable responses to relevant questions posed by the debriefed vendor as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 52.212-3 – Offeror Representations and Certifications – Commercial Products and Commercial Services (DEC 2022) 52.212-4 – Contract Terms and Conditions – Commercial Products and Commercial Services (DEC 2022) 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (DEC 2022) 52.217-5 – Evaluation of Options (JUL 1990) 52.217-7 - Option for Increased Quantity-Separately Priced Line Item (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 12 months of the award of the purchase order. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. 52.219-1 - Small Business Program Representations (OCT 2022) 52.219-6 – Notice of Total Small Business Set-Aside (NOV 2020) 52.219-8 – Utilization of Small Business Concerns (OCT 2022) 52.219-28 - Post-Award Small Business Program Rerepresentation (OCT 2022) 52.219-33 – Nonmanufacturer Rule (SEP 2021) 52.222-3 – Convict Labor (JUN 2003) 52.222-35 – Equal Opportunity for Veterans (JUN 2020) 52.2222-36 - Equal Opportunity for Workers with Disabilities (JUN 2020) 52.222-37 - Employment Reports on Veterans (JUN 2020) 52.222-40 - Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 52.222-50 - Combating Trafficking in Persons (NOV 2021) 52.222-54 - Employment Eligibility Verification (MAY 2022) 52.223-7 – Notice of Radioactive Materials (JAN 1997) 52.223-11 - Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) 52.223-20 – Aerosols (JUN 2016) 52.223-21 – Foams (JUN 2016) 52.223-22 - Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (DEC 2016) 52.225-1 – Buy American – Supplies (OCT 2022) 52.225-2 – Buy American Certificate (OCT 2022) 52.225-13 – Restrictions on Certain Foreign Purchases (FEB 2021) 52.225-18 – Place of Manufacture (AUG 2018) 52.225-25 - Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (JUN 2020) 52.227-14 – Rights in Data – General (MAY 2014) 52.229-3 – Federal, State, and Local Taxes (FEB 2013) 52.232-1 – Payments (APR 1984) 52.232-8 – Discounts for Prompt Payment (FEB 2002) 52.232-11 – Extras (APR 1984) 52.242-13 – Bankruptcy (JUL 1995) 52.247-34 – F.O.B. Destination (NOV 1991) 52.252-1 – Solicitation Provisions Incorporated by Reference (FEB 1998) 52.252-2 – Clauses Incorporated by Reference (FEB 1998) 52.253-1 – Computer Generated Forms (JAN 1991) Full Text of all FAR Clauses and Provisions are available at: https://www.acquisition.gov/browse/index/far The following TAR Clauses and Provisions apply to this Request for Quotation and resultant Purchase Order: 1252.201.70 – Contracting Officer’s Representative (NOV 2022) 1252.222-70 - Strikes or Picketing Affecting Timely Completion of the Contract Work (NOV 2022) 1252.222-72 - Contractor Cooperation in Equal Employment Opportunity and Anti-Harassment Investigations (NOV 2022) 1252.223-73 - Seat Belt Use Policies and Programs (NOV 2022) 1252.232-70 - Electronic Submission of Payment Requests (NOV 2022) 1252.239-72 - Compliance with Safeguarding DOT Sensitive Data Controls (NOV 2022) 1252.239-74 - Safeguarding DOT Sensitive Data and Cyber Incident Reporting (NOV 2022) 1252.239-92 - Information and Communication Technology Accessibility Notice (NOV 2022) 1252.239-93 - Information and Communication Technology Accessibility (NOV 2022) Full Text of all TAR Clauses and Provisions are available at: https://www.acquisition.gov/tar The following Volpe Center Terms and Conditions apply: MARKING (MAY 1999) All items submitted to the Government shall be clearly marked as follows: Name of Contractor; Contract number; Task order number; (if applicable) Description of items contained therein; Consignee's name and address; and If applicable, packages containing software or other magnetic media shall be marked on external containers with a notice reading substantially as follows: "CAUTION: SOFTWARE/MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE TO HEAT OR MAGNETIC FIELDS." (End of Text) PACKAGING (MAY 1999) The Contractor shall ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination. (End of Text) WARRANTIES (MAY 1999) With respect to equipment or supplies acquired under this contract, title of which will pass to the Government, the Contractor shall ensure that any warranties, together with rights to replacement, service, or technical assistance, shall run to or automatically be assigned to the Government. (End of Text) RESPONSIBILITY FOR CONTRACT ADMINISTRATION (FEB 2013) Contracting Officer: The Contracting Officer (CO) has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. Administrative Contracting Officer: An Administrative CO (ACO) may be designated by the CO. The duties of an ACO include but are not limited to issuing task orders, analyzing and making recommendations on the Contractor's proposals, offers, or quotations upon request of the CO, signing task orders, and approving Contractor's invoices in accordance with the terms of the contract. Contracting Officer's Representative: A Contracting Officer's Representative (COR) will be designated by the CO. The responsibilities of the COR include but are not limited to inspecting and monitoring the Contractor's work, determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract, acting as the Government's representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned, and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. (End of Text) TECHNICAL DIRECTION (FEB 2013) Performance of the work hereunder shall be under the technical direction of the COR. As used herein, "technical direction" is limited to directions to the Contractor that fill in details or otherwise complete the specific description of work set forth in the purchase order. This direction may not include new assignments of work, or may not be of such a nature as to cause an increase or decrease in the price of the purchase order, or otherwise affect any other provision of this contract. The Contractor may not begin work without obligated funding and written technical direction. (End of Text) VOUCHER REVIEW (MAR 2003) The Government may at its sole discretion utilize a Contractor to review vouchers and supporting data submitted for payment under the provisions of this contract. The Contractor reviewing vouchers and supporting data will perform this function in accordance with contract provisions which prohibit disclosure of proprietary financial data or use of such data for any purpose other than to perform accounts payable services. (End of Text) SALES TAX EXEMPTION (MAY 1999) The Volpe National Transportation Systems Center, as part of the Department of Transportation, an agency of the United States, is an exempt purchaser. Accordingly, all purchases of personal property by this organization are exempt from state and local taxation. The Contractor will be provided with tax exemption certificates for the purpose of obtaining an exemption under this procurement for materials and equipment purchased under this procurement (see each individual task order). Notwithstanding the terms of the Federal, State, and Local Taxes clause, the Contractor shall state separately on its vouchers the amount of state sales tax, and the Government agrees to either pay the amount of the tax to the Contractor or, where the amount of the tax exceeds $250.00, to provide evidence necessary to sustain the exemption. (End of Text) VISITOR IDENTIFICATION REQUIREMENTS FOR FEDERAL FACILITIES (MAR 2016) In accordance with the Department of Homeland Security (DHS) phased enforcement plan for the REAL ID Act (see DHS’s REAL ID website), visitors seeking access to military bases and almost all Federal facilities using their state-issued driver’s licenses or identification cards must present proper identification issued by REAL ID compliant states or a state that has received an DHS extension. Any visitor from a noncompliant State or other jurisdiction will need to provide an acceptable alternate form of identification with photo (e.g., U.S. Passport) to enter the Federal facility. When planning a visit to a Federal facility or military base, visitors should contact the facility to determine what identification will be accepted as well as check DHS’s REAL ID website for the most up-to-date information on individual state compliance as status can change over time. This facility entry requirement applies to visitors only. This requirement has no impact on badged Federal and Contractor employees. Driver’s licenses from all states are still acceptable identification in the issuance of Federal PIV cards (badges) and for entry in the case of a lost or forgotten PIV card by a badged Federal or Contractor employee. (End of Text) LICENSES (MAY 1999) With respect to any computer software, databases, or other licensed product acquired for use by the Government, the Contractor shall ensure that the license, together with any associated rights, shall run to or automatically be assigned to the Government. (End of Text) RIGHTS IN DATA (DEC 2007) All data first produced in the performance of this contract, including software, shall be delivered with unlimited Government rights, unless otherwise agreed to in writing by the CO when granting permission claim to copyright as required by FAR 52.227-14(c). (End of Text) WARRANTIES (MAY 1999) With respect to equipment or supplies acquired under this contract, title of which will pass to the Government, the Contractor shall ensure that any warranties, together with rights to replacement, service, or technical assistance, shall run to or automatically be assigned to the Government. (End of Text) PAYMENT AND CONSIDERATION (APR 2023) Upon delivery and acceptance of the required supplies and/or services, the Contractor shall be paid at the fixed price specified on the face of the purchase order. (End of Text) PERFORMANCE EVALUATIONS (APR 2023) Performance evaluations shall be completed for each purchase order over $250,000. The Government uses the Contractor Performance Assessment Review System (CPARS) as the primary method to complete evaluations. The Contractor is required to register in CPARS and shall have thirty (30) calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a Performance Evaluation Report and the Contractor’s comments will be attached to the Report. (End of Text) CONFLICTS OF INTEREST DISCLOSURE (MAR 2008) (a) The Offeror shall provide a statement in its proposal which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with an organization regulated by DOT, or with an organization whose interests may be substantially affected by Departmental activities, and which is related to the work under this solicitation. The interest(s) described shall include those of the proposer, its affiliates, proposed consultants, proposed subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the Offeror's Technical Proposal. Key personnel shall include any person owning more than 20% interest in the Offeror, and the Offeror's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. (b) The Offeror shall describe in detail why it believes, in light of the interest(s) identified in (a) above, that performance of the proposed contract can be accomplished in an impartial and objective manner. (c) In the absence of any relevant interest identified in (a) above, the Offeror shall submit in its proposal a statement certifying that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Offeror must obtain the same information from potential subcontractors prior to award of a subcontract. (d) The Contracting Officer will review the statement submitted and may require additional relevant information from the Offeror. All such information, and any other relevant information known to DOT, will be used to determine whether an award to the Offeror may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may disqualify the Offeror, or (2) determine that it is otherwise in the best interest of the United States to contract with the Offeror and include appropriate provisions to mitigate or avoid such conflict in the contract awarded. (e) The refusal to provide the disclosure or representation, or any additional information required, may result in disqualification of the Offeror for award. If nondisclosure or misrepresentation is discovered after award, the resulting contract may be terminated. If after award the Contractor discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been know prior to award, an immediate and full disclosure shall be made in writing to the Contracting Officer. The disclosure shall include a full description of the conflict, a description of the action the Contractor has taken, or proposes to take, to avoid or mitigate such conflict. The Contracting Officer may, however, terminate the contract for convenience if he or she deems that termination is in the best interest of the Government. (End of Text) CONSENT TO RELEASE GOVERNMENT-ORDERED ITEMS (JAN 2004) The Contractor shall neither publish nor disclose in any manner without the written consent of the Contracting Officer the following items that may be ordered tough the contract: materials, patterns, designs, sketches, drawings, and plans. (End of Text) HANDLING OF DATA (AUG 2011) The Contractor and any of its subcontractors in performance of this contract may have need for access to and use of various types of data and information in the possession of the Government which the Government obtained under conditions that restrict the Government's right to use and disclose the data and information, or which may be of such a nature that its dissemination or use other than in the performance of this contract would be adverse to the interests of the Government or other parties. Therefore, the Contractor and its subcontractors agree to abide by any restrictive use conditions on such data and not to: (1) Knowingly disclose such data and information to others without written authorization from the CO, unless the Government has made the data and information available to the public; nor (2) Use for any purpose other than the performance of this contract that data which bears a restrictive marking or legend. In the event the work required to be performed under this contract requires access to proprietary data of other companies, the Contractor shall obtain agreements from such other companies for such use unless such data is provided or made available to the Contractor by the Government. Two copies of such company-to-company agreements shall be furnished promptly to the CO for information only. These agreements shall prescribe the scope of authorized use or disclosure, and other terms and conditions to be agreed upon between the parties. It is agreed by the Contractor that any such data, whether obtained by the Contractor pursuant to the aforesaid agreement or from the Government, shall be protected from unauthorized use or disclosure to any individual, corporation, or organization so long as it remains proprietary. Tough formal training in company policy and procedures, the Contractor agrees to make employees aware of the absolute necessity to maintain the confidentiality of data and information, as required above, and, further, to be made aware of the sanctions which may be imposed for divulging either the proprietary data of other companies or data that is obtained from the Government to anyone except as authorized. The Contractor shall obtain from each employee engaged in any effort connected with this contract an agreement in writing that shall in substance provide that such employee will not during his/her employment by the Contractor, or thereafter, disclose to others or use for his/her own benefit or the future benefit of any individual any trade secrets, confidential information, or proprietary/restricted data (to include Government "For Official Use Only") received in connection with the work under this contract. The Contractor shall furnish a sample form of this agreement to the CO promptly after award. The Contractor agrees to hold the Government harmless and indemnify the Government against any cost/loss resulting from the unauthorized use of disclosure of third party data or software by the Contractor, its employees, subcontractors, or agents. The Contractor agrees to include the substance of this provision in all subcontracts awarded under this contract. The CO will consider case-by-case exceptions from this requirement for individual subcontracts in the event that: (1) The Contractor considers the application of the prohibitions of this provision to be inappropriate and unnecessary in the case of a particular subcontractor; (2) The subcontractor provides a written statement affirming absolute unwillingness to perform absent some relief from the substance of this prohibition; (3) Use of an alternate subcontract source would reasonably detract from the quality of effort; and (4) The Contractor provides the CO timely written advance notice of these and any other extenuating circumstances. If the CO denies the exception, the Contractor and its subcontractors shall not have access to the data and information for which the Contractor and any of its subcontractors took exception, unless the Contractor agrees to include the substance of this provision in all subcontracts awarded under this contract. If the CO approves an exception, the CO shall provide the approval and its specific parameters (including duration), in writing, to the Contractor before the Contractor or any of its subcontractor is granted access to the restricted data (including, but limited to, any trade secrets, confidential information, or proprietary/restricted data as well as Government "For Official Use Only" for use in connection with the work under this contract). The Contractor and its subcontractors agree to abide by all data and information markings. When transferring or sharing such data for work under this contract, before such transfer or sharing, the Contractor and its subcontractors shall ensure the markings are included or remain on the data and information as the markings were received from the Government or another company. Except as the CO specifically authorizes in writing, upon completion of all work under this contract, the Contractor shall return all such data and information obtained from the Government, including all copies, modifications, adaptations, or combinations thereof, to the CO. Data obtained from another company shall be disposed of in accordance with the Contractor's agreement with that company, or, if the agreement makes no provision for disposition, shall be returned to that company. The Contractor shall further certify in writing to the CO that all copies, modifications, adaptations, or combinations of such data or information which cannot reasonably be returned to the CO (or to a company) be deleted from the Contractor's (and any subcontractor's) records and destroyed. These restrictions do not limit the Contractor's (or subcontractor’s) right to use and disclose any data and information obtained from another source without restriction. As used herein, the term "data" generally has the meaning set forth in Federal Acquisition Regulations (FAR), Clause 52.227-14, "Rights in Data - General" (DEC 2007), Alternate I, II, III (DEC 2007), and includes, but is not limited to, computer software, as also defined in FAR Clause 52.227-14. In regards to other companies’ information that the Government may receive with restrictions or pursuant to a Non-disclosure agreement, “data” may also mean any information pertaining to that company without limitation, and including “information incidental to contract administration, such as financial, administrative, cost or pricing, or management information,” regardless of the form or the media on which the information may be recorded or in which the information may be transmitted to the Government. (End of Text) Required Delivery: Delivery is required within 12 Months of the Date of Award FOB Destination shipping terms are required Delivery shall be made to the following address: Norfolk Naval Shipyard Portsmouth, VA 23709 Contracting Officer Point of Contact: Evan Coburn evan.coburn@dot.gov RFQ Response Date: Quotations are due by 30 June 2023 at 3:00 PM Eastern Time. EVAN W. COBURN Contracting Officer Attachment: Statement of Work/Specifications
6913G623Q300045 Department of Transportation Immediate Office of the Secretary Transportation
6/7/23, 5:22 PM