Combined_Synopsis_Sol_70Z080-19-Q-13001B00_RFQ-reviewed.docx

Solicitation No.: 70Z080-19-Q-13001B00

87’ MTU COMPONENT OVERHAULS & PARTS PURCHASE

COMBINED SYNOPSIS / SOLICITATION

70Z080-19-Q-13001B00

87’ MTU OVERHAULED COMPONENTS AND PARTS

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is (202) 372-3695.

Commanding Officer USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Road, Bldg. 31 LL Baltimore, MD 21226

REQUEST FOR QUOTES

70Z08019Q13001B00

The U.S. Coast Guard (USCG) Surface Forces Logistics Center intends on awarding a firm, fixed-priced indefinite delivery requirements type contract in order to purchase component overhauls and service-ready, Original Equipment Manufacturer (OEM) parts of the Motoren- und Turbinen-Union (MTU) 8V396 TE94 series main diesel engines and their electronic control systems installed onboard USCG 87’ Patrol Boats (WPBs).

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and no further written solicitations will be issued.

II. This solicitation is being issued as a request for quotation (RFQ). This requirement will be satisfied using FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items.

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2019-03.

IV. Set-aside Status: No Set-aside. North American Industry Classification System (NAICS) Code is 333618 with a small business size standard of 1,500 employees.

V. A list of the contract line item numbers (CLINS), items, estimated quantities and units of measure to be acquired:

SUPPLIES OR SERVICES AND PRICES/COSTS

If the offeror considers any additions, deletions or part number changes of the parts required under this requirement, the Contract Specialist must be notified in WRITING PRIOR TO THE CLOSING DATE OF THIS SOLICITATION. All prices on CLINS shall be firm, fixed-price for overhauls and parts for one year. All items will be shipped F.O.B. Destination as stated in FAR 52.247-34. Provide prices for all CLINs unless Not Separately Priced (NSP) is listed for a CLIN.

BEYOND ECONOMICAL TO REPAIR (BER): The Contracting Officer will determine if any unit is BER. The Contractor will be instructed to complete Standard Form (SF) 1424 Inventory Disposal Report. BER units will be scrapped at the Contractor’s facility at no charge. The Contractor is required to remove all Government markings and comply with all environmental regulations.

MANDATORY REPLACEMENT PARTS, NOT PRICED INDIVIDUALLY - Provide total cost of mandatory parts in Attachment 4 - Schedule of Supplies and Prices. The following parts are mandatory replacement parts and shall be replaced on each overhaul:

CLIN 0002 MANDATORY REPLACEMENT PARTS FOR NSN 2950-12-347-2009, P/N 5100205005, “A” TURBOSUPERCHARGER, ENGINE, FUEL:

TOTAL MANDATORY PARTS COST CLIN 0002: $________

CLIN 0004 MANDATORY REPLACEMENT PARTS FOR NSN 2950-12-347-2010, P/N 5100203205, “B” TURBOSUPERCHARGER, ENGINE, FUEL:

TOTAL MANDATORY PARTS COST CLIN 0004: $________

CLIN 0006 MANDATORY REPLACEMENT PARTS FOR NSN 2815-12-345-1076, P/N 5550105241, CYLINDER HEAD:

TOTAL MANDATORY PARTS COST CLIN 0006: $________

CLIN 0008 MANDATORY REPLACEMENT PARTS FOR NSN 2920-12-156-2556, P/N 0031515501, ENGINE STARTER:

TOTAL MANDATORY PARTS COST CLIN 0008: $________

CLIN 0010 MANDATORY REPLACEMENT PARTS FOR NSN 2920-12-344-4606, P/N 5582000501, COOLANT PUMP:

TOTAL MANDATORY PARTS COST CLIN 0010: $________

CLIN 0012 MANDATORY REPLACEMENT PARTS FOR NSN 2930-12-344-4810, P/N 5552002201, SEA WATER PUMP:

TOTAL MANDATORY PARTS COST CLIN 0012: $________

CLIN 0014 MANDATORY REPLACEMENT PARTS FOR NSN 2910-12-344-4095, P/N 0280740502, FUEL INJECTION PUMP:

TOTAL MANDATORY PARTS COST CLIN 0014: $________

CLIN 0016 MANDATORY REPLACEMENT PARTS FOR NSN 2950-12-354-2436, P/N 0030986020, CHARGE AIR COOLER (INTERCOOLER):

From Hull #19:

TOTAL MANDATORY PARTS FROM HULL #19: $________

Up to Hull #18

TOTAL MANDATORY PARTS UP TO HULL #18: $________

TOTAL MANDATORY PARTS COST CLIN 0016 ALL HULLS: $________

CLIN 0980 - NSP

For Approval, Test Plan and Inspection Report Formats in accordance with (IAW) Specification Number P-260-0460 dated 03/2016, updated 11/14/2018, Section 3.3 (Attachment 1).

VI. Description of requirement: The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to overhaul the MTU components specified in Attachment 1, in accordance with this solicitation and attached specifications. Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

All items to be provided under this contract shall be accomplished in accordance with the following:

Specification Number P-260-0460 Revision C, dated 03/2016, updated 11/14/2018, entitled “Component Overhaul & Parts Purchase for MTU Propulsion Engines 8V396 TE 94” (Attachment 1). Also, reference the United States Coast Guard (USCG) Service Ready Parts Purchase for MTU Propulsion Engines 8V396 TE94 specification dated 10/2018 (Attachment 2) and Barcode Label Example (Attachment 3) for assistance with preparing service, ready parts for shipment and barcoding requirements.

Contract Type: This solicitation will result in the award of one (1) firm fixed-priced one (1) year, firm fixed price indefinite delivery requirements contract.

Performance Period: The performance period for this requirement will be one (1) 12-month period beginning on date of award.

Place of Contract Performance: Awardee’s facility

VII. Delivery:

PLACE OF DELIVERY - DESTINATION

(A) All Inspection Reports, other data submissions and correspondence shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Contracting & Procurement Division (PBPL) Attn: Phyl’licia L. Dixon 2401 Hawkins Point Road, Bldg. 31, LL Baltimore, MD 21226 Contract Number: {To be furnished at time of award} E-mail: phyl’licia.l.dixon@uscg.mil

(B) All supplies furnished in accordance with this contract shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 Contract Number: {To be furnished at time of award}

All items are to be delivered F.O.B. Destination. Inspection will occur at the contractor’s facility. Acceptance will occur at the delivery addressee.

INSPECTION AND ACCEPTANCE

MATERIAL INSPECTION AND RECEIVING REPORT

At the time of delivery of GFP under this contract, the contractor shall prepare and furnish to the Government a DHS 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 name, part number, serial number and National Stock Number (NSN)

· 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 Contract Specialist upon shipment/delivery of any GFP 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 Number P-260-0460 Revision C, dated 03/2016, updated 11/14/2018, entitled “Component Overhaul & Parts Purchase for MTU Propulsion Engines 8V396 TE 94” (Attachment 1).

Inspection shall take place at origin by a Government Quality Assurance (QA) representative. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than ten (10) calendar days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements prior to QA Inspection.

Contractor shall maintain an inspection system that meets the requirements of ANSI/ASQS Q90003 and is available for review by the U.S. Coast Guard.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance of the supplies or services furnished in accordance with this contract will be made at destination by a Government Representative. Acceptance shall be contingent upon the Representative's verification of no damage in transit, correctness and completeness of the order and the contractor’s conformance to preservation/packaging, packing and marking requirements.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

As required 45 calendar days from receipt of GFP

USCG review and approval of Inspection Reports

Five (5) calendar days after receipt of Inspection Reports

60 calendar days after Contracting Officer approval of the Inspection Reports

As required 90 calendar days after receipt of delivery order

**NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED**

The Government will evaluate equally, as regards to 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, may be considered nonresponsive and may be 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.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

___ calendar days from receipt of GFP

USCG review and approval of Inspection Reports

Five (5) calendar days after receipt of Inspection Reports

___ calendar days after Contracting Officer approval of the Inspection Reports

As required ___ calendar days after receipt of delivery order

**NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED**

(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 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 may be considered nonresponsive and may be rejected.

(End of Clause) Contract Administration:

An USCG SFLC Contracting Officer or authorized representative shall be contract administrator for this contract.

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.

VIII. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT 2018) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING RECEIPT OF THEIR QUOTES.

REQUIRED DOCUMENTS:

Each offeror shall furnish the information required by the solicitation to the contract specialist listed below in section XV, which includes:

1. Company address; point of contact name, phone number and e-mail address; DUNS number; cage code; small business status and company’s business size

2. Valid Motoren- und Turbinen-Union (MTU)/Rolls-Royce Power Systems AG (Rolls-Royce) Distributor Agreement

3. Training Certifications

4. Past Performance References if no CPARS assessments for work performed within the past ten (10) years from the solicitation closing date exists

5. Schedule of Supplies and Prices filled out with a cost associated with each priced CLIN, see Attachment 4 and pages 3-7 of this solicitation

6. Warranty terms and conditions, see page 30 of this solicitation

7. Address where all work will be performed, see page 31 of this solicitation

8. Completed copy of provision 52.212-3 Offeror Representations and Certifications – Commercial Items, see page 16 of this solicitation

9. Proposed delivery schedule, if different from required delivery schedule, see page 10 of this solicitation

10. Signed SF 30 Amendment(s), if applicable

PLEASE NOTE: QUOTES THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

QUESTIONS

Contact the contract specialist listed in section XV with any questions. The last day to ask questions regarding this solicitation is seven (7) days prior to the closing date of this solicitation. After this date further requests may not be accepted due to time constraints. Keep in mind that any questions that are important, such as those that create needed changes to the specification, will still be addressed regardless of the time it was received. A determination will be made as to whether the change dictates an extension to the solicitation closing date and deadline for questions. All answers to questions will be provided in SF 30 Amendments to the RFQ and will be furnished to all prospective offerors. Receipt of all amendments must be acknowledged by signing each amendment and providing them with the Quote by the RFQ due date/time.

INCURRING COSTS

The USCG shall not be liable for any cost incurred by the offerors in submitting quotes in response to this solicitation, including any site visits by offerors.

CHANGES IN SPECIFICATIONS

The right is reserved as the interest of the Government may require, to revise or amend the specifications. If specifications are revised or amended during the solicitation period for this requirement, such revisions and amendments, if any, will be announced by amendment(s) to this solicitation. Copies of such amendments as may be issued will be furnished to all prospective offerors. If the revisions and amendments are of a nature which require material changes in quantities or prices offered, or both, the due date for quotes may be postponed by the number of days as in the opinion of the Contracting Officer will enable the offerors to revise their quotes. In such cases, the amendment will include an announcement of the new due date for quotes.

CLARIFICATION OF SPECIFICATIONS AND DATA

Offerors should carefully examine the specifications and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. An offeror that finds discrepancies in, or omission from, the specifications, or other documents, or is in doubt as to their meaning, should at once notify the Contracting Officer.

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 offeror is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

RESPONSIBILITY

The Government reserves the right to perform pre-award surveys for the purpose of further confirming the capabilities of the offerors. The offerors must be determined responsible in accordance with the standards of FAR Subpart 9.1 to be eligible for award.

NOTICE OF PRE-AWARD SURVEY

1. Offerors are advised that the Government may contact potential contractors to ascertain their capabilities to perform the work specified in this solicitation. In addition to financial statements and credit rating checks, the Government may visit a prospective contractor’s facility(s). Areas of interest on this survey may include, but are not limited to the following:

a. Performance plans

b. Quality assurance and control plans

c. Personnel recruitment and training plans

d. Workload factor for manpower utilization

e. Management plan for handling peak workloads

f. Production capability:

i. Plant facilities, equipment and labor resources

ii. Purchasing and subcontracting

iii. Performance record and ability to meet delivery schedules

2. Offerors are advised that accomplishment of this survey is a part of the evaluation process and is not to be construed as an indication that an offeror will receive or is in the best position to receive the resultant award.

PACKAGING AND MARKING

PRESERVATION, PACKAGING AND MARKING

Each component shall be individually preserved, packaged and marked in accordance with Specification Number P-260-0460 Revision C, dated 03/2016, updated 11/14/2018, entitled “Component Overhaul & Parts Purchase for MTU Propulsion Engines 8V396 TE 94” (Attachment 1). Reference Attachment 2 for the Barcode Label Example.

MARKING OF WARRANTED ITEMS

Pursuant to the requirements of FAR Part 46.706(b)(5), the Contractor 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) who 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.

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/delivery order number. Each packing unit shall have a list of all items contained in that unit and a duplicate list shall be placed in a waterproof envelope securely attached to the outside of the package in a conspicuous place, but so located as to reduce the possibility of loss in shipping and handling.

NOTE

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

(End of Provision)

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

(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:

1. Valid Motoren- und Turbinen-Union (MTU)/Rolls-Royce Power Systems AG (Rolls-Royce) Distributor Agreement

2. Training Certifications

3. Past Performance

4. Price

Award will be made by identifying “from all quotations or offers received one that is suitable to the user” based on the lowest priced quotation/offer with a valid MTU/Rolls-Royce Distributor Agreement, employees with the required training certifications and two (2) relevant past performance assessments with an overall rating of Very Good or higher, in accordance with FAR 13.106-2(b)(4)(i). This is a commercial item acquisition utilizing simplified acquisition procedures, FAR Subpart 13.5. The evaluation and award procedures in FAR 13.106 apply in accordance with FAR Subparts 13.5(c) and 12.602(a).

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

QUOTE SUBMISSION REQUIREMENTS

1. Valid MTU Distributor Agreement

Contractors shall provide a letter from MTU or Rolls-Royce verifying that their company is a distributor with MTU authorized to service and supply parts for the MTU 8V396 TE94 series diesel engine system.

2. Training Certifications:

The Contractor’s lead technician shall be trained and certified to the level of MTU’s standards meeting M3 & E3.

3. Past Performance

Up to two (2) CPARS past performance assessments for work performed within the past ten (10) years from the solicitation closing date will be used to evaluate a contractor’s past performance. The most recent CPARS assessments will be chosen. If a contractor does not have any CPARS assessments for work performed within the past ten (10) years from the solicitation closing date, the contractor shall identify at least two (2) contracts or delivery/purchase orders for performing this type of requirement (supplying of approximately 1,000 overhauled components and 8,000 Original Equipment Manufacturer ((OEM)) parts annually in support of MTU 396 series main diesel engines or remanufacture of MTU 396 series main diesel engines) for the USCG, federal, state or local government or private contracts. Contracts/orders submitted for past performance shall have been performed within the past ten (10) years from the solicitation closing date. For each contract/order, the following will be submitted (two (2) page limit):

1. Contract/Order Number and Project Location

2. Type and Size of Facility

3. Total Contract/Order Value (Original and Final)

4. Contracting Officer Name, Phone Number & E-mail

5. Contract/Order Description

6. Contract/Order Type (Firm Fixed-Price, IDIQ, Requirements, Cost Type)

7. Required Completion Date for the Contract/Order

8. Date the Contract/Order was Actually Completed

9. Government or Private Entity Project Manager Name, Phone Number & E-mail

10. Government or Private Entity Quality Assurance Manager Name, Phone Number & E-mail

11. Percent Performed by Subcontractors

Past performance will be considered relevant if it is for supplying of approximately 1,000 overhauled components and 8,000 OEM parts annually in support of MTU 396 series main diesel engines or remanufacture of MTU 396 series main diesel engines. The Contractor’s past performance will be evaluated according to the following CPARS factors and questions:

1. Quality of Product or Service Did the customer get what was specified?

Did the customer consider the final product high in quality?

If warranty issues arose, were they promptly corrected?

1. Schedule – Timeliness of Performance Was the contract/order completed on time? If not, reason why not (growth work, contractor delayed, government delayed?)

1. Management How was the customer service? Was the contractor committed to customer satisfaction?

Was interaction between the contractor and the government satisfactory or does it need improvement? Would you use this company again (Why/Why not)?

Were subcontracts involved? Comments?

Contractors may provide information on problems encountered during the performance of any contract/order and any corrective actions the contractor made. In the case of a contractor without a record of relevant past performance or for whom information on past performance is not available, the contractor may not be evaluated favorably or unfavorably on past performance.

4. Price

The Schedule of Supplies and Prices Attachment 4 of the solicitation will be completed by the contractor. Prices/discount for all CLINS listed in the schedule shall be filled in. Mandatory parts are listed in this solicitation on pages 3-7. The contractor must use their prior experience overhauling the MTU components listed in this requirement to determine the average cost of contingency parts and list those contingency parts with pricing in their quote. If an average cost of contingency parts is not provided the contractor’s quote will be rejected as incomplete. Unit prices must include the cost of shipping, free on board (F.O.B.) destination, and the cost of assembly, cleaning, priming, painting, programming, packaging/crating, packing and marking/bar coding. An explanation of any unusual costs shall be included in the quote. The contractor’s price shall represent the best price in response to the request for quotes. The total contract amount (Estimated Total Overhauls & Parts Purchases) shall be evaluated to determine whether the proposed prices are fair and reasonable. Price realism analysis may be used to determine the appropriateness of the quote provided.

(End of Provision)

X. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (OCT 2014) applies to this solicitation and is incorporated by reference. Offerors must include a completed copy with its offer.

FAR 52.252-1 – SOLICITATION PROVISIONS 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/.

FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

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

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

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

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

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of Provision)

FAR 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010), ALTERNATE IV (OCT 2010)

(a) Submission of cost or pricing data is not required

(b) If the contracting officer cannot determine price reasonableness either in the initial solicitation or in any change to the contract after award, the contracting officer will require submission information in sufficient detail in order to make such determination.

The information may be as follows:

REQUEST FOR INFORMAL COST BREAKDOWN

In addition to placing your offer in the appropriate place in Schedule of Supplies/Services and Prices/Costs, it is requested that you provide a breakdown of your costs, to include but not be limited to, those items identified in the sample format below:

(End of Provision)

FAR 52.222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that—

(a) It has, has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It has, has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)

FAR 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that—

(a) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or

(b) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of Provision)

FAR 52.225-6 TRADE AGREEMENTS CERTIFICATE (MAY 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products.

Other End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation.

(End of Provision)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Address: Commanding Officer

(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 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

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

(b) The use in this solicitation of any Homeland Security Acquisition Regulation (48 CFR Chapter 30) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

CONTRACT CLAUSES: The following contract clauses apply to this acquisition.

XI. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

XII. FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 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)).

(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 and 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.]

(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).

(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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(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).

(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).

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

(10) [Reserved].

(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 Set-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.

(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 (Jan 2017) 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)).

(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)).

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

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

(28)

(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

(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.

(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.

(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(33)

(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693).

(38)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(39)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)

(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C.