140R3023Q0080_Combined_Synopsis.pdf

140R3023Q0080 – Caterpillar Engine, part number 10R-6006 Combined Synopsis/Solicitation

(i) This is a combined synopsis/solicitation for commercial products/commercial services 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.

(ii) To facilitate electronic quote submissions through SAM.gov Contract Opportunities, a request for quote (RFQ No. 140R3023Q0080) is being issued subsequent to this combined synopsis/solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2023-04.

(iv) This requirement is being issued as a small business set a side. The North American Industry Classification System (NAICS) Code for this acquisition is: 333618 Other Engine Equipment Manufacturing. The small business size standard for NAICS Code 333618 is 1500 employees.

(v) CLIN 0010 – Caterpillar remanufactured engine Part #10R-6006

(vi) The Bureau of Reclamation, Yuma Area Office has a requirement for one (1) remanufactured, complete, Caterpillar Engine, part number 10R-6006, to power the 318C Wheeled Excavator machine serial number CATM318CPBCZ02225.

(vii) Delivery shall be completed within 180 days from the date of award. There will be no penalty for early delivery. Delivery shall be F.O.B Destination at U.S. Bureau of Reclamation, Lower Colorado River, Yuma Area Office, located at the 7301 S. Calle Agua Salada, Yuma, Az. 85364. Delivery hours are Mon. thru Fri., 6:30am to 3:30pm.

The contractor must protect all parts from corrosion, deformation, dents, dings, scratches, ruptures, breaks, punctures, abrasions, cuts, and other types of damage during storage, handling, transport, and delivery.

THE FOLLOWING CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS COMMERCIAL

ITEM ACQUISITION:

(viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services is applicable to this RFQ. The following addendum is also applicable to this RFQ.

--Addendum to FAR 52.212-1

This addendum replaced the term “offer” with “quote” within the provision 52.212-1.

In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this solicitation, each offeror shall submit a quote in accordance with the instructions contained in this provision.

1) To assure timely and equitable evaluation of quotations, vendors must submit all data and information in the instructions contained herein. Vendors are required to meet all RFQ requirements, including terms and conditions, and those identified as evaluation factors. Failure to meet a requirement may result in a quote being ineligible for award. The Government intends to award without discussions but reserves the right to conduct discussions if necessary. Vendors must clearly identify any exceptions to the RFQ’s terms and conditions and provide complete rationale. Quotes must be complete, self-sufficient, and respond directly to the requirements of this RFQ, alternate offers will not be accepted. Quotes shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims.

2) Upon examination of the initial responses, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists, no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists, vendors may be required to submit other than certified cost data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

3) If this solicitation is amended, all terms and conditions that are not amended remain unchanged and in full force and effect. Vendors shall acknowledge receipt of any amendment and provide confirmation upon submission of the offeror’s quote.

4. Quote Instructions:

a. Price – Insert proposed unit price and total price for CLIN included in the solicitation.

Identify and include all applicable discounts as the quote shall reflect best and final pricing.

b. Delivery – The delivery date shall be no later than 180 days after award. Provide a proposed delivery date in your quote.

c. Offerors must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale.

d. The Contracting Officer is the Government’s sole point of contact for this acquisition.

Address any questions or concerns you may have to the Contracting Officer. Written requests for clarification may be sent to the Contracting Officer.

5. Documents submitted in response to this RFQ must be fully responsive to and consistent with the following:

a. Period of acceptance of quotes. The vendor agrees to hold prices in its quote firm for a minimum of 30 days from the date specified for receipt of quotes. Vendors shall make a clear statement in the Pricing Schedule regarding quote validity.

b. Provide Unique Entity Identifier (UEI) and Contractor E-mail Address.

6. The Government intends to award a single Firm-Fixed Price purchase order. Note to vendors:

The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs.

52.204-07, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.211-6, Brand Name or Equal

1452.215-71, Use and Disclosure of Proposal Information

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) 'Trade Secret' means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) Confidential commercial or financial information' means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers 'commercial and financial information obtained from a person and privileged or confidential,' and exemption (9), which covers 'geological and geophysical information, including maps, concerning wells.'

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

'The information specifically identified on pages _______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

'This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.'

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

(End Provision)

(ix) FAR provision 52.212-2, Evaluation

(a) The Government will award a fixed-price purchase order, resulting from this RFQ, to the responsible vendor whose quote provides the best benefit to the Government, price and other factors considered. A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). Quotes will be evaluated by performing a direct comparison of one quote to another in a uniform manner to determine which quote provides the government’s need as identified in the RFQ. Each quote shall be evaluated based on Price.

At a minimum, quotes must meet the RFQ Specifications. Quotes may exceed the government’s need and the government reserves the right to consider such quotes. However, the government is not required to select a quote that exceeds the minimum need but does have the discretion to accept other than the lowest price quote, provided the quote offers additional benefit to the government.

(b) 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 offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services. Offerors must complete the annual representations and certifications online at https://www.sam.gov Addendum to FAR Clause 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services –

FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that is “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquire, roaming, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that--

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system or service that uses covered telecommunications equipment services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “will” in paragraph (d)(2) of this section

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that procured the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision;

(ii) For covered services—

(A) If the service is related to item maintenance: A description of covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining fi such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that procured the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining fi such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

(xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services. Addendum to FAR Clause 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services – 52.204-13, System for Award Management Maintenance 52.204-18, Commercial and Government Entity Code Maintenance 52.242-15, Stop-Work Order 52.247-34, F.O.B. Destination

DOI-AAAP-0028, Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

NONE – DO NOT UPLOAD ANY ATTACHMENTS TO IPP

Concurrent to submitting an invoice in IPP, the contractor may submit any supporting documentation to the contract specialist listed in the award document. Contractors are cautioned that supporting documentation e-mailed to the contracting officer must not conflict with the IPP submission. Conflicts between the IPP submission and supporting documentation may result in a delay in approval and/or rejection of submitted invoices.

When e-mailing supporting documentation to the contract specialist, the subject line of the email shall be formatted as follows: Contract Number, Invoice Number, Contract Specialist's last name (e.g., 140R3023R0080_Invoice No. 1_Samuels). The invoice shall be attached to the email and named using the following format: Contract Number, Contractor Name, Invoice Number, Invoice Amount (e.g., 140R3023R0080_CAT Eng. - Inv. No. 1 - $35,000).

Invoices shall not include information that would compromise Personally Identifiable Information, such as full social security numbers, dates of birth, etc. The final invoice shall be submitted and will be approved in accordance with payment terms and conditions contained in the contract, after all, if any, settlement actions are complete. The contractor must clearly identify the last payment as the ‘Final Invoice’.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

(xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services.

The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27, Prohibition on a ByteDance Covered Application 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

52.219-6, Notice of Total Small Business Set-Aside 52.222-03, Convict Labor 52.222-19, Child Labor—Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving 52.225-1, Buy American-Supplies 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(xiii) Not Applicable

(xiv) Not Applicable

(xv) All questions shall be submitted via email to csamuels@usbr.gov by no later than 2PM PD on August 31, 2023. No additional questions will be accepted after this date. Responses to any questions received will be provided via an amendment. No phone calls will be accepted.

Quotes are due August 31, 2023, at 2:00 PM PD. Responsible quoters are requested to submit a quote for this requirement via email to the Contract Specialist, Colleen Samuels at csamuels@usbr.gov.

(xvi) The Point of Contact for this solicitation is Ms. Colleen Samuels may be reached via e-mail at csamuels@usbr.gov.

End of Combined Synopsis/Solicitation