Amendment_0001_70Z02318RMOT00300.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

The purpose of this amendment is to incorporate the changes to RFP 70Z02318RMOT00300.

Attachments 2, 3 and 7 are deleted in their entirety and hereby replaced in full with version 0001 of Attachments 2, 3 and 7, dated 8 Feb 2017. These are attached to this amendment. All paragraphs changed from the base solicitation are annotated with [0001].

Except as stated herein, all requirements, terms, and conditions of RFP 70Z02318RMOT00300 remain unchanged.

USCG HEADQUARTERS (CG-912)

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593

USCG HEADQUARTERS (CG-912)

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593

70Z02318RMOT00300

1 1

02/09/2018

02/09/2018

REQUEST FOR PROPOSAL ATTACHMENT 7

SOLICITATION NUMBER: 70Z02318RMOT00300 0001 8 FEB 2018

SOLICITATION PROVISIONS

Addendum to FAR 52.212-1

The clause Instructions to Offerors—Commercial Items (Jan 2017) incorporated by reference is amended as to supplement with the following terms and conditions:

(1) INSTRUCTION FOR PROPOSAL CONTENT

Offeror’s proposals shall be submitted in two separate Volumes. Both volumes must indicate:

(1) the solicitation number: 70Z02318RMOT00300; (2) the time specified in the solicitation for receipt of offers; and (3) the name, email address, mailing address and telephone number of the Offeror.

Volume I: Volume I shall demonstrate the vessel’s mission effectiveness and supportability per the Specification and Statement of Work (SOW). If responses are located in accompanying product literature, Offerors must cross-reference the page and paragraph number. Note that simply restating the specification or providing a blanket statement of full compliance is insufficient and will not be accepted as a demonstration of Offeror’s capabilities.

Volume I shall clearly articulate how the Offeror will comply with the CB-L Specification/SOW and be specific, detailed, and comprehensive enough to enable technical personnel to make a thorough evaluation of the proposed CB-L. No price data shall be included in this volume.

[0001] The Offeror’s proposal shall address all facets of the Offeror's technical solution. The proposal shall address logistics functions and products, including boat design, manufacturing quality measures, mission performance capabilities related to the boat design, management of the program effort, and warranties provided support the design and performance capabilities of the CB-L as stated in the Specification/SOW.

The Specification defines the minimum requirements or performance criteria known as thresholds requirements. The proposal shall include a compliance matrix clearly indicating sequentially where the Offeror proposes to exceed, meet, (or partially meet the objective requirements), the thresholds and objectives identified in the request for proposal. The Offeror shall meet all requirements. Items in the below objective’s table represent desirable increases in operational capabilities. These objective requirements or any portion thereof, as well as any other items or increased performance capabilities the Offeror considers desirable or are included to add value, may be offered, provided that doing so does not breach any threshold requirements, and provided that the CB-L and all its systems can achieve all required performance.

The objective items are summarized in the table below along with the primary specification reference.

The following shall be addressed in the proposal:

Design Maturity – The CB-L shall be based on a proven hull (hereafter called the "parent craft") with two years of commercial or government service.

General Arrangements – Provide a description of the general arrangements of the parent craft and highlighted changes of the proposed CB-L. Provide a description of the general arrangements of the proposed CB-L and the functionality of the design as it applies to meeting the CB-L requirements (e.g., Human Factor Engineering, safety, and performance). Provide Inboard/Outboard Profile and drawings showing all principal characteristics and major equipment

Characteristic Threshold Objective Operating

Environment – Survive

(Spec 051-2.2)

The CB-L shall be capable of surviving in SS5 with 8.2 foot SWH.

The CB-L shall be capable of surviving in SS5 with 12 foot SWH.

Operate (Speed)

(Spec 051-2.6)

The CB-L, in the Performance Condition Weight, shall be capable of transiting at 18 knots in Sea State 3 (SS3) with 4.1 foot significant wave height (SWH).

Weight, shall be capable of transiting at 20 knots in SS3 with 4.1 foot SWH.

Operate (Sea State)

(Spec 051-2.6)

Weight, shall be capable of transiting at 6 knots in SS4 with 6.0 foot SWH.

Weight, shall be capable of transiting at 6 knots in SS4 with 8.2 foot SWH.

Full Speed (Spec 051-5.1)

The CB-L shall be capable of achieving 30 knots sustained in SS0 in the Performance Condition Weight.

The CB-L shall be capable of achieving 35 knots sustained in SS0 in the Performance Condition Weight.

Range (Spec 051-5.2)

The CB-L shall be capable of transiting 100 NM in the Performance Condition Weight at the most economical planing speed with a useable 10% fuel reserve in Sea State 0.

The CB-L shall be capable of transiting 200 NM in the Performance Condition Weight at the most economical planing speed with a useable 10% fuel reserve in Sea State 0.

Shock Mitigating

Seats (Spec 070-2.4)

The CB-L shall be equipped with five dedicated and forward facing seat positions with installed crew restraint devices. Three of the five seats shall be shock mitigating accommodations for the two crew members and a gunner.

The CB-L shall be equipped with five dedicated and forward facing seat positions with installed crew restraint devices. All five seats shall be shock mitigating accommodations for the two crew members and a gunner.

Persons Onboard

(Spec 070-2.7)

The CB-L shall be capable of operating with 10 persons onboard: 2 crew members, 2 boarding team members, 1 gunner, and 5 passengers. The CB-L shall have internal seating arrangements with associated handholds for the 5 passengers.

The CB-L shall be capable of operating with 13 persons onboard: 2 crew members, 2 boarding team members, 1 gunner, and 8 passengers. The CB-L shall have internal seating arrangements with associated handholds for the 8 passengers.

Emergency Electrical Capability

(Spec 313-2.5)

In the event of an electrical power generation system failure, the starting and house battery banks shall have sufficient capacity to run the engine (ignition, controls, fuel pump, etc.) at idle and provide power to the loads shown in Table 313-1, at the listed usage factors, for a period of two (2) hours.

In the event of an electrical power generation system failure, the starting and house battery banks shall have sufficient capacity to run the engine (ignition, controls, fuel pump, etc.) at idle and provide power to the loads shown in Table 313-1, at the listed usage factors, for a period of four (4) hours.

Control Station Design – Provide a description of the control station layout. Discuss the features of the control console and indicate how the equipment mounting and location complies with the specification.

Component Integration – Provide a narrative to address how equipment (including fenders, hoisting arrangement and lift fittings, shock mitigating seats, trailer/transportation and propulsion system) was selected and integrated into the design to achieve the operating profile and reliability requirements of the specifications. Address any features that improve reliability and/or will allow the CB-L to be easily maintained.

Structural Design – Provide a narrative discussing the structural design and durability of the proposed CB-L, including the grade of aluminum and the methodology of structural analysis to meet requirements of Specification Section 100-1. Discuss how the speed and sea-keeping requirements of Specification Section 051-2 influenced or are addressed in the structural design. Provide Structural system ISO 12215-5 calculations for the proposed CB-L.

Suitability for Operation and Survivability – Provide a narrative discussing how the proposed CB-L has been designed or modified to be suitable for the operate and survive requirements (threshold or objective).

The following test data was generated from instrumented tests on similar Coast Guard boats and represents accelerations (measured as a factor of the acceleration due to gravity - g) seen when operated at the indicated speeds in the indicated sea state.

This data was collected as close as possible to the center of gravity of the test craft and is reported as a Root Mean Squared (RMS) value (calculated from a minimum of 200 impacts) and as the maximum raw value recorded during the test runs.

Speed – 6 knots Speed – 12 knots Speed – 25 knots Wave Height / Accelerations (g)

LCG

Long

Trans

Vert

SWH - 3.8 ft RMS 0.2 0.4 0.2 0.3 0.4 0.2 0.3 0.5 0.7 Max Raw 0.9 0.7 0.7 0.3 0.7 1.7 1.4 1.7 6.2

SWH - 5.7 ft RMS 0.1 0.4 0.2 0.3 0.4 0.3 0.3 0.5 0.5 Max Raw 0.3 0.7 0.7 0.3 0.7 1.8 0.9 2.0 5.9

The narrative should address how this type of data (expected forces based on sea state, type of craft, and speed) has been used in the design or modification of the proposed craft. Discussion should support claims of meeting the threshold or objective criteria by addressing the differences between threshold and objective forces and how the proposed boat is designed to withstand those forces without personnel injury or damage or failure of equipment, mounts, structure, or other components.

Weight – Provide a narrative describing how the proposed CB-L weight was estimated, the rationale behind any weight margins used, and the weight control method to be employed. Submit a weight estimate of the proposed CB-L. It shall include the weight and center of gravity for each of the loading conditions listed in Statement of Work Section 096-3.

Stability – Provide a narrative discussing the approach used to determine how the proposed CB-L will meet the stability requirements. Provide the stability calculations of the proposed CB-L. Calculations shall be provided to show compliance with stability requirements in the Performance Weight and Full Load Weight Conditions. Identify the watertight subdivision boundaries of the hull.

Sea Keeping – Provide a narrative describing the CB-L's sea keeping and maneuvering ability. Provide a comparison to the existing parent craft and any feature of the proposed CB-L that contribute to sea keeping and maneuvering capability.

Powering, Speed and Range – Provide a narrative discussing the approach used to determine how the proposed CB-L will meet the speed and range requirements.

Claims should be supported by calculations or comparisons to the parent craft or other existing craft with similar characteristics. Address the propulsion system prior service (i.e., other boats that have had this propulsion system) and emission requirements.

Production Quality – Provide a narrative discussing your applied quality controls and other measures that ensure design and production integrity.

Management – Provide a narrative discussing your program management approach that addresses CB-L specific personnel interface with government staff, schedules and deliverables, and contract and financial management.

In addition to the narratives, the following information shall be provided:

Table of Principal Characteristics – provide a table that identifies the principal characteristics of the proposed CB-L.

Major Equipment List – provide a list of the major equipment that will be used to construct the proposed CB-L. At a minimum, the list should include make and models of propulsion system and control system components, batteries, electronics, alarms, fendering, seats, and trailer.

Drawings – 2-D Drawings should be provided to depict the CB-L to allow for a detailed understanding of the proposed CB-L design, arrangements, and construction.

Drawings should be to scale with the scale clearly indicated. Drawings should include: hull lines plan; general arrangements; machinery arrangements; and bottom structural drawing as described above. 2-D drawings shall be provided on 11" x 17" sized paper. The 11" x 17" drawings shall be folded and included in the proposal as an appendix.

Facilities – Describe the Offeror's facilities where the CB-L will be manufactured.

Logistics – Describe the Offeror's approach to producing the logistics information to include drawings required by the specification and Statement of Work.

[0001] Quality – Describe the quality assurance practices for the logistics functions that the offeror will provide.

[0001] Training – Describe the Offeror's approach to scheduling and providing

Operator and Maintainer Familiarization Training.

Configuration Management – Describe the Offeror's configuration management approach that addresses baseline changes and interface with government staff.

Technical Documentation – Describe the Offeror’s plan to meet the requirements of

Statement of Work Sections 085 and 086. Include the approach to managing changes and updates to the 3D model, 2D drawings and applicable technical manuals and publications.

Scheduling – Describe how products and deliverables will conform to the required schedule (e.g., configuration management, technical data, and commercial supplier management).

Maintainability – Provide a narrative discussing the approach used to ensure there is access to installed machinery and equipment, per Specification Section 070-2.2, on the proposed CB-L for the purposes of daily inspections, maintenance, repair, and equipment replacement.

Warranty – The discussion of warranty shall include a complete overview of warranty terms and conditions, the warranty claims execution process, and any related provisions affecting the Offeror’s capability to warrant critical mission performance features of the CB-L. At a minimum the proposal should address the extent to which USCG units can perform warranted repair work; items included/excluded in the parts, labor, and travel for warranty work, the means of contacting the Offeror for after hours warranty issues; and the response time for warranty notification and remediation of failed items.

Volume II: Volume II shall contain the following:

1. Offeror’s proposals shall contain information on a maximum of three (3) references over the past five years (from solicitation closing) that are relevant to this requirement to include:

(1) Name of organization, (2) Current Point of Contact, Email Address and Phone Number,

(3) Contract Number (4) Brief description of the boats provided and (5) Contract Value. The reference shall be for efforts of similar quantity of boats with a similar design to the boat proposed, or similar quantity of boats within a family of designs to the boat proposed.

Offeror’s are authorized to provide information on problems encounters on the identified contracts and the offeror’s corrective actions. The Offeror shall submit the Past Performance Questionnaire (PPQ) (see RFP Attachment 5) to three references for completion. The references (not the Offeror) shall return the completed questionnaire to the e-mail address shown on the PPQ no later than the closing date of this solicitation. The Offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline. The PPQ and the instructions for processing the PPQ are an attachment to the RFP. If the past performance contracts have already been evaluated in PIPRS, a PPQ is not required for that effort. The Contractor shall document in the proposal whether or not the past performance contracts are in PIPRS or if a PPQ will be submitted.

2. The Schedule (SF 1449) and IDIQ Pricing Worksheet – The Schedule shall be filled out, signed, and dated in block 30. IDIQ pricing sheet (Attachment III) shall be filled-out with firm-fixed unit prices. The Material and Subcontract rates shall be in terms of 1.X, where X is the loading rate. For example, if an Offeror proposes 10% loading rate, the input should be

1.10. The evaluation worksheet will be automatically filled in based on the input in the pricing worksheet. Quantities in the evaluation worksheet are estimated for evaluation purposes only. Actual ordered quantities may equal, exceed, or not exceed the estimated number of units specified.

3. 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 offeror shall complete electronically) and a completed copy of FAR 52.209-5 and 52.209-7.

4. Any amendments to the solicitation (signed SF-30). Offerors shall include a completed, signed copy of the entire solicitation with all appropriate “fill-in” sections completed.

(2) PROPOSAL PAGE LIMIT, COPIES

[0001] The page limit for Volume I is 50 pages (25 double-sided pages) total, not including the following documents: Table of Contents, Compliance Matrix, Calculations, General Arrangements and System Drawings. There is no page limit for Volume II. A Compliance Matrix is only required for Attachment 2 (CB-L Specification) mapping down to the lowest numerical paragraph marking. Both volumes shall be on an 8.5x11 sheet (11” x 17” for drawings and calculations to include weight estimate tables), with a font size of Arial 11 (heading may be of a larger font size; graphics, tables, and captions may be smaller); each page included in the above page limit shall be numbered consecutively.

For Volume I, submit an Original in Paper Format, Seven Paper Copies, and an Electronic Copy on a DVD/CD-ROM.

For Volume II, submit an Original in Paper Format, Two Paper Copies, and an Electronic Copy on a DVD/ CD-ROM.

(3) PROPOSAL SUBMISSION

The required number of copies of the proposals must be received by the Contract Specialist or Contracting Officer via “HAND-CARRIED DELIVERY ONLY” on or before the required submission date at the United States Coast Guard Headquarters Visitors Entrance.

There shall be no proposal submission via e-mail, USPS, FedEx, UPS, DHL, or any other commercial carriers. A hand-delivery through a messenger courier can be used.

The U.S. Coast Guard Headquarters building is a controlled access building. Prior arrangements for meetings at the visitors center must be made by contacting the Contract Specialist, Ms. LaKisha Brewer and Contracting Officer, Jennifer Sokolower, at least one business day prior to the date. It is the Offeror’s responsibility to ensure that proposals are delivered by the due date and time required. No changes or additions to a volume will be permitted after this date, except as provided under an amendment or discussions, if necessary.

An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212-1(f).

(5) VALIDITY PERIOD OF PROPOSALS

The Offeror agrees to hold the prices in its proposal firm for 90 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the solicitation.

(6) SOLICITATION QUESTIONS

[0001] Offerors are strongly encouraged to submit questions by 01/30/2018 1200 PT in order to provide the Government and Offerors adequate time to prepare for proposal submissions.

Questions received after the above cutoff date and time may not be answered. Submission of questions and any resulting answers from the Government will not require the Contracting Officer to extend the solicitation closing date. All Amendments to the solicitation will be posted via http://www.fedbizopps.gov. Note: The Government will not pay for costs incurred in the preparation and submission of proposals, or other costs incurred in response to this announcement.

(7) DHS NOTICE TO OFFERORS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit either Certified Cost or Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15-403-3) to support price negotiations.

(8) FAR 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 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 offer. Also, the full text of a clause may be accessed electronically at these addresses:

www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar

PROVISION INCLUDED BY REFERENCE

NUMBER TITLE/DATE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions (Sept 2007) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements- Representation (Jan 2017)

FAR 52.204-7 System for Award Management (Oct 2016) FAR 52.211-6 Brand Name or Equal (Aug 1999) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications (Oct 2015)

(9) FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of, or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by, a governmental entity with commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C.

§ 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

(10) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

(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 database via https://www.acquisition.gov (see 52.204-7).

(11) FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single award IDIQ contract under which only firm fixed price task orders will be executed during contract execution from this solicitation.

(12) FAR 52.233-2 SERVICE OF PROTEST. (SEPT 2006)

(a) Protests, as defined in section 31.101 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 Jennifer Sokolower at Jennifer.G.Sokolower@uscg.mil.

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

52.212-2 EVALUATION—COMMERCIAL ITEMS. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Mission Effectiveness: Each Offerors’ proposal will be evaluated on their ability to provide a technical solution that meets or exceeds the threshold requirements set forth in the Specification and Statement of Work; provides the most mission-capable product in terms of design, performance, reliability, and features; and demonstrates the most effective program management strategy for ensuring scheduling, production, and quality objectives are achieved throughout the performance period. This evaluation will include a merit and a risk rating.

Offeror's proposal will be evaluated on if it demonstrated, in clear detail, its capabilities and equipment intended to meet all "threshold" or minimum requirements; if not, it will not be eligible for award. Evaluations will be based on the degree to which the Offerors exceed minimum requirements and attain "objectives" or offerings of added value in any area of the specifications and/or Statement of Work or across multiple areas. The USCG’s intent is to ensure that the proposed configuration of the platform in the drawings allows for ease of use and is laid out in a manner that enables the crew to move freely so as not to inhibit them from performing mission critical operations effectively.

(ii) Supportability: Offerors' proposals will be evaluated on the durability and maintainability of their proposed craft; the Offerors’ ability to provide the required logistics; supportability requirements can be achieved with minimal risk; product support (including warranty management) requirements can be achieved and maintained over the course of the product service life; and all facets of logistics and supportability management can be executed commensurate with the Offeror's technical solution. This evaluation will include a merit and a risk rating.

(iii) Past Performance: The Government’s intent is to evaluate each offerors past performance, including quality; schedule; management; and regulatory compliance, to determine whether the Offeror consistently delivered quality products in a timely manner in the past. This factor will be evaluated using recent and relevant past performance. Recent is defined as performance during the last five (5) years (from solicitation closing). Relevant past performance for the Offerors, is defined as performance on contracts for a similar quantity of boats with a similar design to the boat proposed, or similar quantity of boats within a family of designs to the boat proposed. The information presented in the Offerors’ proposals, together with information from any other sources available to the Government (e.g., Government-controlled Contractor performance databases and references including contractual, technical, and end-user representatives) may provide input for the evaluation of this factor. The Government will give the Offeror an opportunity to address adverse past performance information to which the Offeror has not previously had an opportunity to comment. A lack of any relevant past performance information will be treated by the Government as a “neutral” under this factor.

[0001] (iv) Total Evaluated Price

The total evaluated price will be calculated using the evaluation sheet in Attachment 4. The evaluated price consists of the sum of estimated quantities multiplied times the average unit price (or weighted average unit price for shipping and training travel) of each item plus the estimated reimbursable travel listed on the worksheet. Evaluation of the total evaluated price will include various techniques and procedures in FAR 15.404-1.

Basis for award shall be to the responsible Offeror whose proposal offers the best value to the Government based on the guidance at FAR 15.101-1, Best Value Continuum Tradeoff Process and the guidance for evaluation of Commercial Items at FAR 12.602(c). This will be determined by comparing the differences in the value of technical features with differences in price to the Government. In making this comparison the Government is concerned with striking the most advantageous balance between technical, past performance, and cost to the Government.

The basis for award will be best value, which will be based on consideration of the following evaluation factors: (1) Mission Effectiveness, (2) Supportability, (3) Past Performance, and

(4) Price. All non-price factors are in descending order of importance and, when combined, are approximately equal to Price. As the technical proposals become closer in quality, price increases in relative importance.

(c) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS. (NOV 2017), ALTERNATIVE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except.

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate.

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

“Sensitive technology”.

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically.

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”.

(1) Means a small business concern.

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that.

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by.

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned.

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern.

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern.

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;

and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications. Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented…