4-Instructions to Offerors.pdf

INSTRUCTIONS TO OFFEORS

Automated External Defibrillators

70Z03823QS0000008

Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) Clauses and Provisions The provisions contained herein are applicable to any order awarded as a result of this solicitation. The terms and conditions set forth herein supersede all other terms and conditions.

Acceptance of the order in accordance with Federal Acquisition Regulation (FAR) 13.004 constitutes acceptance of all terms and conditions contained herein.

FAR Provisions

52.212-1 Instructions to Offerors - Commercial Items Mar 2023

Period of Acceptance of Offers

(c) Prices must remain effective for 60 days after solicitation close.

Award on Initial Quotations The Government retains the right to award without discussions. Offerors shall assume the Government has no prior knowledge of their experience and will base its evaluation solely on the information presented in the offeror’s quotation. Therefore, offerors are encouraged to provide their best quotation with the materials requested for evaluation. However, in the event that discussions are considered necessary, the Government retains the right to limit the number of offerors included in the competitive range for purposes of efficiency.

Evaluation Criteria The evaluation of quotes and the determination as to the equality of the products shall be the responsibility of the Government and shall be based on information provided by the offeror. The Government is not responsible for locating or securing any information not provided in the quotation by the offeror. To ensure that sufficient information is available, the offeror must furnish, as part of the quote, all descriptive material necessary for the purchasing activity to determine whether the products meet the salient characteristics of the requirement. Vendors proposing to modify a product to make it conform to the requirements of this advertisement shall include a clear description of the proposed modification and clearly mark any descriptive material to show the proposed modification. Quotations that do not have descriptive material will not be considered for award.

Quotations offering “equal” products (including products of the brand name manufacturer other than the one (1) described by the brand name) will be considered if such product is clearly identified in the quotation and is determined by the USCG to meet the salient characteristics of the required items. If offering an equivalent product, the brand name of the equivalent product shall be clearly identified in the quotation. Unless visibly identified as an equivalent product, offered items shall be considered as the brand name unit.

Price The offeror shall provide pricing as requested in Attachment 2-Schedule. Any quantity discounts and discounts for prompt payment should be included in this section. The offeror’s quotation will be evaluated using one (1) or more techniques defined in FAR 13.106-3, in order to determine if it is fair and reasonable.

Completion of FAR Provisions and Clauses:

The offeror shall complete and provide with the quotation the provision at FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020).

Offerors shall check the applicable boxes in paragraph (d) (1), and (2) of the provision at FAR 52.204-24.

Full Text Provisions 52.209-7 Information Regarding Responsibility Matters Oct 2018

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.233-2 Service of Protest Sep 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

USCG ALC ALD Division ATTN: Christy McKethan 1060 Consolidated Road, HMF 1 Elizabeth City, NC 27909

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

52.252-1 Solicitation Provisions Incorporated by Reference Feb 1998 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://acquisition.gov/far/index.html.

52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 52.211-11 Brand Name or Equal Aug 1999 52.247-34 F.O.B. Destination Nov 1991