S60_ENGINES_REMANUFACTURE_SOLICITATION_FINAL.pdf

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TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449 (SF1449) 1

Table of Contents 2 Addendum to Standard Form 1449: 3 -5

Block 20, Schedule of Supplies 6 Deliveries or Performance 8-12 Addendum to Block 23 INVOICING REQUIREMENTS 14

FAR Clause 52.212-2 Evaluation–Commercial Items (OCT 2014) 51-53

FAR Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders- Commercial Items (JAN 2019) 23-30

FAR Clause 52.212-3 Offer Representations and certifications- Commercial Items (MAR 2016) 33-50

ATTACHMENT NO. TITLE

Attachment 1 Schedule of Supplies/Services (Fill-In)

Attachment 2 Specification R-233-0614

Attachment 3 Specification Number D-000-0100, Bar Coding for U.S. Coast Guard Surface Force Logistics Center Procured Material.

Attachment 4 Past Performance Questionnaire

Attachment 5 Brand Name Justification-Redacted

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ADDENDUM TO STANDARD FORM 1449

INSTRUCTION TO OFFERORS

Proposals can be submitted via e-mail to Bryn Riska Contracting Specialist at email: Bryn.L.Riska@uscg.mil or via mail to:

U.S. Coast Guard Surface Forces Logistics Center 2401 Hawkins Point Road Baltimore, MD 21226-5000 ATTN: Bryn Riska

Email Submission is the preferred method of quote delivery.

The Offeror shall submit the quote, capabilities statement, two (2) past performances on projects similar to the requirements in this solicitation and any additional information demonstrating technical ability under NAICS 333618 to meet the requirements of the Government for this project.

Questions concerning this solicitation must be submitted in writing by email only to no later than June 3, 2019 at 2:00 PM EST. This will allow responses to be posted on FBO prior to solicitation closing.

Vendors must complete all line items to be considered for award. All line items must be priced.

Partial pricing shall be considered non-responsive.

This Request for Proposal is issued, in accordance with FAR Parts 12, Commercial items and 15, Contracting by Negotiation. The contract format is in accordance with FAR 15.204-1 Uniform Contract Format. For questions concerning this solicitation contact Mr. Bryn Riska, Contract Specialist at 410-762- or via email at Bryn.L.Riska@uscg.mil .

Contractors Cage Code: _________________________

Contractors Duns Number: _______________________

Contractors Tax Identification Number: _____________________________

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TYPE OF CONTRACT

This is a commercial fixed-price IDIQ contract for Detroit Diesel/MTU 60 Series Marine engines and 5114 Twin Disc Marine Reduction Gears for the USCG 45’ Response Boat Medium (RB-M) consisting of one (1) 12-month base period and two (2) 12-month option periods.

PERIOD OF PERFORMANCE:

The base contract shall be for one (1) year after award of contract with the Government reserving the option to exercise two (2) one (1) year additional options. The period of performance will begin on the date of contract award and end one (1) year afterward; each subsequent option year, if exercised, will begin one day after the end of the previous contract year and end one year thereafter.

FUNDING :

Each delivery order will be individually funded.

ORDERING

a. All services shall be ordered by issuance of individual task orders. Refer to FAR Clause 52.216-18, Ordering.

b. All orders shall be placed by the U.S. Coast Guard, Surface Forces Logistics Center, Contract and Procurement Branch 3, Small Boat Product Line.

c. All delivery orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any task order.

d. The Contractor shall fill delivery orders in the same sequence in which they are received, unless otherwise instructed by the Contracting Officer.

OPTIONS

Each Option extending the term of this Contract, if exercised, shall be for a period of one year from the effective date of each Option and shall be issued in accordance with FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000).

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.

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DOCUMENT SUBMISSION:

The offeror shall submit a completed SF1449 Solicitation/Contract/Order for Commercial Items found on page 1

The offeror shall submit a completed Schedule of Supplies/Services provided in Section B and Attachment 1

The offeror shall submit a completed Attachment 1, Mandatory & Contingency Parts. All unit prices shall be submitted regardless of estimated quantities.

The offeror shall submit their commercial warranty terms and conditions.

**Review the solicitation carefully as there are required fill-ins throughout the solicitation document

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SECTION B – SUPPLIES OR SERVICES AND PRICES

BRAND NAME SPECIFIED IS MANDATORY

All items listed in Attachment 1 are parts manufactured by MTU America Inc. and Twin Disc to assure proper function of the parts to the end item or system, only Original Equipment Manufacturers (OEM) parts shall be used IAW the redacted J&A (attached).

PRICE /COSTS

Pricing shall be submitted for ALL base and option years. Pricing shall be provided on the attached Schedule of Supplies/Services and Price – Attachment 1 shall be a Fixed-Price for the Base Year and for each option year, if exercised.

A Firm fixed price contract as defined in FAR 16.202-1 is a contract that “provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.”

Note: CLINs are established to indicate estimated requirements. These are only estimates; the Government reserves the right to order more or less as required. This includes CLINs that indicate no estimated jobs to be completed.

Any and all travel shall be pre-approved by the Contracting Officer’s Technical Representative (COTR).

Costs associated with Contractor travel shall be in accordance with FAR Part 31.205-46, Travel Costs and only on the basis of obligated funds available for travel. Travel shall be reimbursed in accordance with the Federal Travel Regulation (FTR) and current per diem rates for the locations in which services are performed. The Contractor shall be required to submit all receipts with invoices for review and approval. Applicable per diem rates shall be provided with each individual delivery order.

The Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes and cancellations under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement. Travel performed for personal convenience or daily travel to and from the contractor’s normal work site shall not be reimbursable.

No reimbursement shall be authorized for commuting distance less than 40 miles.

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SECTION C – DESCRIPTIONS AND SPECIFICATIONS

BACKGROUND

The United States Coast Guard (USCG) Small Boat Product Line (SBPL) has a requirement for parts and service to remanufacture MTU America, Inc. Series 60 engines and combined Twin Disc reduction gear M5114C Transmission in support of the 45’ RB-M (Response Boat Medium). All parts shall be genuine MTU or Twin Disc parts. NO substitutes are acceptable. The Government intends to award a minimum of one (1) and a maximum of three (3) commercial fixed-price IDIQ contracts, consisting of one (1) 12-month base period Beginning the date of award, and two (2) 12-month option periods.

SPECIFICATIONS

The Contractor shall perform work as indicated in Attachment 2 – MTU 60 SERIES DDEC IV ENGINE OVERHAUL SPECIFICATION NUMBER R-233-0614, henceforth to be referred to as “Attachment 2 – Specifications”.

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SECTION D – PACKAGING AND MARKING

See Attachment 2 Specification R-233-0614 for information regarding packaging and marking requirements for CLINS requiring physical delivery CLIN 0001 and CLIN 0007.

PACKING LIST

All material shipped or delivered to the U.S. Coast Guard Surface Forces Logistics Center under this Contract must be accompanied by an itemized packing list that cites the proper contract and delivery order number. Each packing unit shall have a list of all items contained in that unit, and duplicate list shall be affixed in a conspicuous place, to the outside of the package, in a waterproof envelope.

PRESERVATION, PACKAGING, AND MARKING

Each Reduction Gear shall be preserved, packaged, marked and bar coded in accordance with Coast Guard Specification Number R-241-631 (Attachment 2). Any Reduction Gear received that is not preserved, packaged, marked or bar coded in accordance with this specification shall be returned to the Contractor for correction at the Contractor’s cost.

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR 46.706(b)(5), as outlined in Specification Numbers R-241-the contactor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of the warranty. Markings may be brief but should include (i) a brief statement that a warranty exists; (ii) the substance of the warranty; (iii) its duration; and (iv) whom to notify if the supplies are found to be defective. For commercial items, the contractor’s trade practice in warranty marking is acceptable if sufficient information is presented for supply personnel and users to identify warranted supplies.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contactor’s expense.

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SECTION E – INSPECTION AND ACCEPTANCE

MATERIAL INSPECTION AND RECEIVING REPORT

At the time of each delivery of supplies or services under this contract, the contractor shall prepare and furnish to the Government a DHS Form 700-21, Material Inspection and Receiving Report. The receiving report must include:

* An authorization number such as the contract/delivery order number.

* Product or service description, including contractual documents line item number.

* Quantities shipped (if applicable).

* Date(s) property or services were accepted.

* Signature, printed name, title, telephone number, and mailing address of the receiving official.

One (1) copy of the DHS Form 700-21 shall be sent to the Contracting Officer upon shipment/delivery of any deliverable hereunder, clearly marked "Information only."

U.S. COAST GUARD INSPECTION (ORIGIN)

The Contractor shall be responsible for the performance of all inspection requirements in accordance with Specification - 233-0614 MTU 60 Series DDEC IV Engine Overhaul Specification (Attachment 2).

INSPECTION (ORIGIN)

The contractor must contact the Contracting Officer 10 days prior to any inspections testing, or balancing required to schedule a Quality Assurance Inspection at the contractor’s facility. The inspections and tests required herein are the minimum necessary and are not intended to replace any controls, examinations or tests normally employed by the contractor to assure the quality of the product. Approval at origin by a Coast Guard Quality Assurance Representative does not guarantee final acceptance at destination.

U.S. COAST GUARD INSPECTION AND ACCEPTANCE (DESTINATION)

The Contractor shall be responsible for the performance of all inspection requirements. Final acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to preservation, packaging, packing, and marking requirements.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at destination, not to exceed thirty (30) days after delivery to:

U.S. Coast Guard Surface Forces Logistics Center Receiving Room, Building 88 2401 Hawkins Point Road Baltimore, MD 21226-5000

Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of Specification Number R-233-0614 MTU 60 Series DDEC IV Engine Overhaul Specification (Attachment 2); and Specification Number D-000-0100, entitled Bar Coding for U.S. Coast Guard Engineering Logistics Center Material (Attachment 3).

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SECTION F – DELIVERIES OR PERFORMANCE

FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN DESCRIPTION EST. QTY WITHIN DAYS AFTER

0001-1/ 0001-2 Core Condition Report, Appendix A

1 EA 10 Days After Receipt of the Propulsion Unit

0001-1/ 0001-2 Disassembly Inspection Report, Appendix B

1 EA 15 Days After Receipt of the Propulsion Unit

0001 Overhaul of the Propulsion Unit 1 EA Within 60 days post approval of the Dissasembly Report

0001 Mandatory Replacement Parts 1 EA As Required under services for

CLIN 0002

0002 Contingency Repair Parts PER As Required 0004 Technical Representative Services 1 EA As Required 0003 Failure Analysis 1 EA As Required 0005 Dyno Troubleshooting and

Repainting

0006 Shipping the Propulsion Unit 1 EA As Required 0007 Warranty (Appendix D) 1 EA As Required

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFERORS PROPOSED DELIVERY SCHEDULE

CLIN DESCRIPTION EST. QTY WITHIN DAYS AFTER

0001-1/ 0001-2 Receiving Inspection Report, Appendix A

1 EA Days After Receipt of the Marine Gear

0001-1/ 0001-2 Disassembly Inspection Report, Appendix B

1 EA Days After Receipt of the Marine Gear

0001 Overhaul of the Marine Gear 1 EA Days After Receipt of The Marine Gear

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the

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Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically.

(The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

PLACE OF DELIVERY – DESTINATION

(A) All data submissions shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center CPD3/Small Boat Product Line Mail Stop 26, Bldg. 31, 2 nd Floor

2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Delivery Order Number: {To be furnished with each individual delivery order}

Electronic submissions shall be sent to: Bryn.L.Riska@uscg.mil and copied to COR Michael.P.Mchale@uscg.mil

(B) All propulsion units shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Receiving Room, Building 88 2401 Hawkins Point Road Baltimore, MD 21226-5000 M/F: Contract Number: {To be furnished at the time of award} Delivery Order Number: {To be furnished with each individual delivery order}

NOTE: Warehouse hours are Monday-Friday, excluding Federal holidays, during the hours of 7:00 AM to 1:00 PM. No appointments are necessary to make deliveries.

The Government reserves the right to request direct deliveries as needed. Each individual delivery order will identify the delivery destination.

DELIVERY OF GOVERNMENT FURNISHED PROPERTY

The Government shall be responsible for providing delivery of all Government Furnished Property to the contractor’s facility. It is the contractor’s responsibility to provide F.O.B. Destination delivery of recondition/overhauled gears to the address for shipment as provided in Place of Delivery-Destination.

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

mailto:Bryn.L.Riska@uscg.mil

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FAR 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government’s right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

(b) The Contractor’s signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Block 10 of the DD Form 250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

(c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor’s expense.

(d) The certificate shall read as follows:

I certify that on ______ [insert date], the ____ [insert Contractor’s name] furnished the supplies or services called for by Contract No._____ via ____ [Carrier] on ________ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: _____________________________ Signature: _____________________________________ Title: _________________________________________

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SECTION G - CONTRACT ADMINISTRATION DATA

CONTRACT ADMINISTRATION

The Contracting Officer or authorized representative, Bryn Riska, located at the U.S. Coast Guard Surface Forces Logistics Center, C&P3-SBPL, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract.

PLACE OF DELIVERY - REPORTS

All written reports and plans shall be delivered to the Contract Administrator at the following e-mail address:

Bryn.L.Riska@uscg.mil and copied to COR Michael.P.Mchale@uscg.mil

The electronic submission shall include:

Contract Number (to be furnished at award) Delivery Order Number ( to be furnished at award of each delivery order)

COAST GUARD ACTIVITY AUTHORIZED TO PLACE ORDERS

Delivery orders shall be issued by the following Coast Guard activity:

U.S. Coast Guard Surface Forces Logistics Center

C&P3-SBPL

2401 Hawkins Point Road Baltimore, MD 21226-5000

However, any Coast Guard warranted Contracting Officer may place orders up to their designated warrant limits.

CONTRACTING OFFICER’S AUTHORITY

No oral or written statement of any person other than the Contracting Officer will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and, notwithstanding any provisions contained elsewhere in this contract, said authority remains solely with the Contracting Officer. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Representative acting within the limits of their authority.

A Contracting Officer’s Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly mailto:Bryn.L.Riska@uscg.mil

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GOVERNMENT REPRESENTATIVES

(a) The Government may upon contract award or thereafter name representatives with titles such as Contracting Officer’s Representative (COR); the COR shall be responsible for answering all technical questions and concerns related to the resulting contract. If appointed, the COR will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of the Contract. ONLY the Contracting Officer is authorized to alter the Contract in any manner.

INVOICING REQUIREMENTS

(a) All information set forth in FAR Clause 52.212-4(g) must be included in an invoice for it to constitute a proper invoice.

(b) An original invoice shall be submitted to the following designated payment office and a copy sent to the Contract Administrator: FIN-SMB-YARDTEAM@USCG.MIL.

EA invoice shall contain the following information to ensure proper processing:

Name and address of the Contractor (the name on the invoice must match the name on the task order Contract Number, Task Order Number, Document Number Invoice Number and Invoice Date Contract Line Item Number(s) Period of performance covered by the invoice Terms of any discount for prompt payment, if offered Name and address of official to who payment is to be sent Name, title, phone number, and email address of person to notify in event of defective invoice Taxpayer Identification Number DUNS Number Name of the Contract Specialist and Contracting Officer’s Indicate Small Business Status Notification of final invoice, if applicable

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to EA invoice.

To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe .pdf formatted file. A maximum of approximately ninety-nine (99) .pdf pages may be submitted at a time.

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In accordance with the Prompt Payment Act, for the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, a proper invoice shall be deemed to have been received on the latter of:

a. For invoices that are mailed or transmitted via facsimile, the date a proper invoice is actually received by the designated billing office and annotates the invoice with date of receipt at the time of receipt.

b. For invoices electronically transmitted by the contractor via web based submission, the date a transmission is received by the designated billing office, and receipt confirmation is provided to the designated recipient; or

c. The seventh day after the date on which the property is actually delivered or performance of the services is actually completed; unless—

i. The agency has actually accepted the property or services before the seventh day in which case the acceptance date shall substitute for the seventh day after the delivery date; or

ii. A longer acceptance period is specified in the contract, in which case the date of actual acceptance or the date on which such longer acceptance period ends shall substitute for the seventh day after the delivery date;

d. On the date placed on the invoice by the contractor, if/when the agency fails to annotate the invoice with date of receipt of the invoice at the time of receipt (such invoice must be a proper invoice); or

e. On the date of delivery, if/when the contract specifies that the delivery ticket may serve as an invoice.

Web based submission by the contractor and receipt confirmation does not reflect Government review or acceptance of the invoice. Payment inquiries and status may be obtained at the following website:

https://www.fincen.uscg.mil/secure/payment.htm

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE

For use in the event your firm receives a contract as a result of this Solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer any questions regarding the invoice.

NAME: ____________________________, TITLE:___________________________

TELEPHONE: ____________________, EMAIL: _________________________________

CONTRACTOR PERFORMANCE ASSESSMENT REPORT SYSTEM (CPARS)

(a) GENERAL: The U.S. Coast Guard Surface Forces Logistic Center (SFLC) will monitor and evaluate the successful offeror’s past performance of this contract and prepare a Contractor Performance Assessment Report System (CPARS) in accordance with FAR Part 42.15. All information contained in this assessment may be used, within the limitations of FAR 42.15, by the government for future source selections and in accordance with FAR 15.304, when past performance is an evaluation factor for award.

(b) NOTIFICATION: Upon completion of the contract, the contractor will be notified of the assessment. The contractor will be allowed 30 days to respond to the SLFC’s assessment of its performance entered into CPARS. The contractor’s response, if any, will be made part of CPARS report.

(c) INFORMATION: Information included in the CPARS may include, but is not limited to, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance; the contractor’s history of reasonable and cooperative behavior and commitment to customer https://www.fincen.uscg.mil/secure/payment.htm

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(d) RELEASE OF DATA: CPARS information is considered business sensitive and will not be released except: (1) to other Federal procurement activities which request it; (2) when SFLC must release pursuant to a Freedom of Information Act (FOIA) request; or (3) when prior written consent is requested and obtained from the contractor.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

REQUIRED STANDARD OF WORKMANSHIP

Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law.

STANDARD COMMERCIAL WARRANTY

If the items or services required in the Contract resulting from this Solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into the resulting Contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor’s most favored customer.

Offerors are requested to state the terms and conditions of their standard commercial warranty in the space provided below or attach a copy of the warranty terms with their offer.

If the contractor’s organization, as standard practice in the sale of these items issues a certificate of warranty setting forth the terms and conditions of their Standard Commercial Warranty, any contract resulting from this solicitation shall require the contractor submit to the Contracting Officer, upon delivery of these items, said certificate.

Government Furnished Property The following Government property will be sent to the contractor on an as needed basis for inspection, overhaul, and testing.

A. 60 Series DDECIV Port Engine (NSN 2895-01-590-7317) B. 60 Series DDECIV Stbd Engine (NSN 2895-01-590-7303)

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C. MG 5114 SC Twin Disc Marine Transmission (NSN 3010-01-590-4163) D. Metal Shipping Container (MFG by Armor Metal Group Mason, Inc)

(ACN 8145-01-F13-3232)

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SECTION I – CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporated one or more clauses 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 clause may be accessed electronically at http://farsite.hill.af.mil/.

Clause FAR 52.202-1 Definitions FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 Restrictions on Subcontract Sales to the Government ALT I (OCT 1995) FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 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 2018) FAR 52.204-19 Incorporation by Reference of Representation and Certifications (DEC 2014) FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) FAR 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) FAR 52.215-1 Instructions to Offerors – Competitive Acquisition ALT 1 (OCT 1997) FAR 52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997) FAR 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data (OCT 2010) FAR 52.212-4(i) Payments (APR 1984) FAR 52.232.39 Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) FAR 52.242-15 Stop Work Order (AUG 1989) FAR 52.242-17 Government Delay of Work (APR 1984) FAR 52.246-2 Inspection of Supplies – Fixed Price (AUG 1996) FAR 52.247-34 F.O.B. Destination (NOV 1991) FAR 52.247-55 Government Furnished Property (JUN 2003) http://farsite.hill.af.mil/

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HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS ACQUISITION OF

COMMERCIAL ITEMS (SEPT 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

_X__3052.209-72 Organizational Conflicts of Interest.

____3052.216-70 Evaluation of Offers Subject to An Economic Price Adjustment Clause.

____3052.219-72 Evaluation of Prime Contractor Participation in the DHS Mentor Protégé Program.

(b) Clauses

X 3052.203-70 Instructions for Contractor Disclosure of Violations.

__ 3052.204-70 Security Requirements for Unclassified Information Technology Resources.

__ 3052.204-71 Contractor Employee Access.

__ Alternate I X 3052.205-70 Advertisement, Publicizing Awards, and Releases.

__ 3052.209-73 Limitation on Future Contracting.

__ 3052.215-70 Key Personnel or Facilities.

__ 3052.216-71 Determination of Award Fee.

__ 3052.216-72 Performance Evaluation Plan.

__ 3052.216-73 Distribution of Award Fee.

__ 3052.217-91 Performance. (USCG) X 3052.217-92 Inspection and Manner of Doing Work. (USCG) X 3052.217-93 Subcontracts. (USCG) __ 3052.217-94 Lay Days. (USCG) X 3052.217-95 Liability and Insurance. (USCG) __ 3052.217-96 Title. (USCG) __ 3052.217-97 Discharge of Liens. (USCG) __ 3052.217-98 Delays. (USCG) X 3052.217-99 Department of Labor Safety and Health Regulations for Ship Repair.

X 3052.217-100 Guarantee. (USCG) __ 3052.219-70 Small Business Subcontracting Plan Reporting.

X 3052.219-71 DHS Mentor Protégé Program.

__ 3052.228-70 Insurance.

__ 3052.228-90 Notification of Miller Act Payment Bond Protection. (USCG) __ 3052.228-91 Loss of or Damage to Leased Aircraft. (USCG) __ 3052.228-92 Fair Market Value of Aircraft. (USCG) __ 3052.228-93 Risk and Indemnities. (USCG) __ 3052.236-70 Special Provisions for Work at Operating Airports.

X 3052.242-72 Contracting Officer’s Technical Representative.

__ 3052.247-70 F.o.B. Origin Information.

__ Alternate I __ Alternate II __ 3052.247-71 F.o.B. Origin Only.

X 3052.247-72 F.o.B. Destination Only.

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CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-1 APPROVAL TO CONTRACT (DEC 1989)

This contract is subject to the written approval of the Chief of the Contracting Office, Surface Forces Logistics Command and shall not be binding until so approved.

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 proceeding 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.

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(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 EA 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).

FAR 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in each task order, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $21.67 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

FAR 52.215-6 PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, intends, does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of Performance(Street Address, City, State, County, Zip Code)

Name and Address of Owner and Operator of the Plant or Facility if Other Than Offeror or Respondent https://www.acquisition.gov/

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FAR 52.216-18 ORDERING (OCT 1995)

(a) Any supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective date of contract award through a period of sixty months.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.

Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor –

(1) Any order for a single item in excess of $100,000.00.

(2) Any order for a combination of items in excess of $100,000.

(3) A series of orders from the same ordering office within thirty (30) calendar days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at 52.216-21 of the Federal Acquisition Regulation (FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirements exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

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(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date].

(End of Clause)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of Provision)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor thirty (30) calendar day prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty months.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2019)

(a) 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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

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___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.