Attachment 3 - Provisions - 70Z03820RB2000001.pdf

Attachment 3:

Provisions – 70Z03820RB2000001

FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2018) applies to this acquisition and is tailored with the following addenda:

The following additional Provisions are incorporated as addendum to FAR 52.212-1:

The following provisions are incorporated by reference and are addendum to FAR 52.212-1:

FAR 52.204-7 System for Award Management (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.217-5 Evaluation of Options (JUL 1990)

(c)Period for Acceptance of Offers:

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

Submission of Small Business Subcontracting Plan:

Offerors classified as a Large Business under the North American Industry Classification System

(NAICS) code 488190 are required to submit a Small Business Subcontracting Plan with their initial proposals. A Commercial Plan approved by another Government Agency is acceptable.

Approved Commerical Plans must include a copy of the approval letter.

Proposal Submission Requirement:

Proposals shall be submitted with a completed pricing spreadsheet as requested titled “List of

Contract Line Items - 70Z03820RB2000001” and all information and documentation listed under Technical Acceptability listed on page 4 of this document. Failure to do so may result in the proposals being removed from further consideration for award.

Contractor must provide proof of an established supply chain with the OEM for those parts required to be purchased through the OEM AND proof of enrollment in OEM technical publication subscription and compliance with tech publication audit requirements, if any, as set forth by the

OEM with their proposal.

Completion of FAR Provisions:

The offeror shall complete and provide with the quote the provisions at:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2019) FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013).

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “Critical technology”, 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 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_497908806 substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) 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) Representation. The Offeror represents that— 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.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) 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);

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

(b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

FAR 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

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).

(End of provision)

FAR 52.233-2 Service of Protest (SEPT 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 SRR Division ATTN: Catrina M. McDonald

1664 Weeksville Road Hangar 75 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)

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. Also, the full text of a solicitation provision may be accessed electronically at Internet address http://acquisition.gov/far/index.html

FAR 52.212-2 Evaluation – Commercial Items (OCT 2014) is not applicable to this acquisition. In lieu of this provision, proposals will be evaluated in accordance with FAR 15.3 based on the criteria listed below:

https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850 http://acquisition.gov/far/index.html

Evaluation Method: The Government will make award to the lowest price technically acceptable

(LPTA) offeror with acceptable or neutral past performance. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offeror not receive an acceptable technical rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer is identified.

Technical Acceptability:

Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the offeror to provide an adequate proposal that meets all requirements listed in the Statement of Work (SOW) and demonstrates a thorough knowledge and understanding of the requirements. The offeror must provide the following minimum information and documentation with their quote:

1. Certification: Certificate or letter as an Original Equipment Manufacturer

(OEM) Safran Landing Systems authorized repair facility for the components listed in the Schedule of Service; and/or FAA Part 145 Repair Station

Certificate, or equivalent European Aviation Safety Agency (EASA) Part 145 certificate equivalent (Full page copies required)

2. Provide proof of the ability to obtain the required Component Maintenance

Manuals (CMMs)/technical publications and all subsequent updates (letter from the OEM showing offeror has access/subscription to the publications will suffice).

3. Provide proof of an established supply chain with the OEM for those parts requiring purchase through the OEM, (letter from the OEM or invoices from previous parts purchases will suffice) AND proof of enrollment in OEM technical publication subscription and compliance with tech publication audit requirements, if any, as set forth by the OEM with their proposal.

4. Offeror meets the requested Delivery requirements listed in Section 10.1 of the SOW.

Offerors shall submit the above mentioned documentation as part of their proposal.

Price:

The contractor shall provide pricing as requested in Attachment 1 titled “List of Contract Line

Items – 70Z03820RB20000001”. Any quantity price discounts and discounts for prompt payment should be included in this section. Price proposals will be evaluated to determine completeness and fair and reasonableness. Price proposals will be reviewed to verify pricing was provided for the base and all four (4) option periods. Failure to quote pricing for the base year and all respective option periods on individual line items may result in a quote being excluded from further consideration.

The government will also evaluate prices for each contract period of performance. Items with a

“TBD” (To Be Determined) quantity will be evaluated using a quantity of 1 each for determining fair and reasonableness and determining the LPTA offer. The Government may determine that a quote is unacceptable if the option period prices are significantly unbalanced.

Past Performance:

Past Performance will be evaluated to determine whether it is acceptable, neutral, or unacceptable.

Only offerors with acceptable or neutral Past Performance will be considered eligible for award.

Offerors shall provide completed Past Performance Questionnaires (Attachment 5).

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (OCT 2018)

X Alternate I of 52.212-3. (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.

https://www.sam.gov/portal