Combined_Synopsis_Solicitation_70Z08518Q31847B00.pdf

RFQ

SOLICITATION NO. 70Z08518Q31847B00

COMBINED SYNOPSIS/SOLICITATION

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. 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 to:

COMMANDANT (CG-9131)

U S COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

EMAIL: OPAP@uscg.mil

Fax: 202-372-8447

Phone: 202-475-5786

More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp

Alternative Point of Contact:

United States Coast Guard Surface Forces Logistics Center Attn: Sarah Thompson

2401 Hawkins Point Road, Baltimore MD 21226

Email: Sarah.E.Thompson2@uscg.mil mailto:Sarah.E.Thompson2@uscg.mil

Table of Contents

NOTICE FOR FILING AGENCY PROTESTS

Table of Contents

SECTION B- SUPPLIES AND PRICES

B.1 GENERAL

B.2 CONTRACT TYPE:

B.3 CONTRACT PERIOD OF PERFORMANCE:

B.4 QUESTIONS:

B.5 QUOTATION DUE DATE:

B.6 PLACE OF DELIVERY – DESTINATION:

B.7 SCHEDULE OF SUPPLIES AND PRICES:

SECTION C- CONTRACT CLAUSES

C.1 FAR CLAUSES IN BY REFERENCE

C.2 FAR CLAUSES IN FULL TEXT

C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DHS-USCG DEVIATION 14-01)(APR 2014)

C.4 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

C.5 FAR 52.211-8 TIME OF DELIVERY (JUN 1997)(ALT. I, APR 1994)

C.6 FAR 52.211-11 – LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR

RESEARCH AND DEVELOPMENT (SEPT 2000)

C.7 FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN

2017) ADDENDUM

A. ADMINISTRATIVE/PRICE:

B. TECHNICAL

C. EVALUATION FACTORS

C.8 FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

C.9 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

C.10 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (JAN 2017) ADDENDUM

CONTRACT ADMINISTRATION

CONTRACTING OFFICER’S REPRESENTATIVE (COR)

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

GOVERNMENT REPRESENTATIVES

INVOICING REQUIREMENTS

FURTHER CONSIDERATIONS WITH INVOICING:

RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN

IMPROPER INVOICE

WITHHOLDING PAYMENT FOR NONDELIVERY OF MATERIALS

/SERVICES

CONTRACTOR PERFORMANCE EVALUATION

STANDARD COMMERCIAL WARRANTY

C.11 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS.

(JAN 2018)

C.12 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL

WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

C.13 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCES (FEB 1998) ... 46

C.14 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

HSAR CLAUSES IN BY REFERENCE

HSAR CLAUSES IN BY FULL TEXT

C.15 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

C.16 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE

TO DHS ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

C.17 HSAR 3052.223-70 REMOVAL OR DISPOSAL OF HAZARDOUS

SUBSTANCES APPLICABLE LICENSES AND PERMITS (JUN 2006)

SECTION D-ATTACHMENTS

SECTION E- CONTRACT PROVISIONS

E.1 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015)

E.2 FAR 52.209-7 – INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

E.3 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

FOR

SYNTRON ‘FACE TYPE’ PROPULSION SHAFT SEAL ASSEMBLIES

SECTION B- SUPPLIES AND PRICES

B.1 GENERAL

This is a combined synopsis/solicitation for commercial items prepared in accordance with the procedures set forth in FAR Parts 12, Acquisition of Commercial Items, and FAR

Parts 13.5, Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

This solicitation is used as a Request for Quote (RFQ) under number

70Z08518Q31847B00. This solicitation document and incorporated provisions and clauses in effect through Federal Acquisition Circular 2005-97, effective January 25, 2018. The solicitation will be a small business set aside. The NAICS Code applicable to this procurement is 339991 Gasket, Packing, and Sealing Device Manufacturing. The contract will be awarded on a firm-fixed-price basis. To receive an award, the Contractor must be registered in the System for Award Management (SAM) www.sam.gov.

The United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC), Baltimore MD intends to award a onetime contract on a Brand Name basis (Attachment

5). Compatibility with the original equipment is required. Items listed in Section B are parts manufactured by or for Syntron Material Handling LLC. Therefore, items submitted under this contract which are other than Syntron numbers specific shall be rejected as unacceptable. All items must have clear traceability to the Original

Equipment Manufacturer (OEM);

Syntron Material Handling, LLC.

2730 Highway 145 S.

Saltillo, MS 38866-6814

All parts must be genuine OEM parts, no aftermarket or remanufactured parts will be acceptable. Quotes submitted in response to this solicitation shall stand firm for 120 calendar days from the close date of the solicitation. See Specification (Attachment 2), for detailed guidance. This specification describes general requirements and requirements for shipping, preservation, packing, marking and bar coding of parts.

NOTE: NO SUBSTITUTE OR ALTERNATE PARTS WILL BE CONSIDERED.

ONLY NEW PARTS WILL BE ACCEPTED. NO DRAWINGS, SPECIFICATIONS

OR SCHEMATICS ARE AVAILABLE FROM THIS AGENCY.

B.2 CONTRACT TYPE:

http://www.sam.gov/

This solicitation is a RFQ that will result in the award of a firm fixed price contract solicited under FAR Parts 12, Acquisition of Commercial Items, and FAR Parts 13.5, Simplified Procedures for Certain Commercial Items, subject to availability of funds.

B.3 CONTRACT PERIOD OF PERFORMANCE:

The performance period for this requirement will be as follows: 180 days from award.

B.4 QUESTIONS:

It is strongly encouraged to submit any questions utilizing the Request for Clarification

Form (Attachment 3) no later than 14 days day prior to the quote due date to: Micha

Wisniewski’s e-mail: Micha.A.Wisniewski@uscg.mil . Questions received after this date may not be answered due to time constraint. All questions and replies will be posted on

Federal Business Opportunities (FBO), FedBizOpps.gov on a Standard Form 30.

B.5 QUOTATION DUE DATE:

Quotations must arrive no later than 13 August 2018 no later than 1:00 PM EST, Quotations may be sent via electronic mail (e-mail) to

Micha.A.Wisniewski@uscg.mil and Sarah.E.Thompson2@uscg.mil. Follow up emails should be sent by the vendor to ensure proposal was received.

Due to security concerns, emails are limited to 10MB in size. Emails containing the required documents may have to be sent in separate e-mails due to e-mail size restrictions and should be labels appropriately.

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

An Offeror that fails to provide all the REQUIRED DOCUMENTATION may be considered to have delivered an incomplete quote and may NOT be considered for award.

Offerors are advised that some of the drawings, diagrams, and reports that are provided with this solicitation are for information use only. The Coast Guard does not warrant the accuracy of this information. This is the best information available to the Coast Guard and is provided to the offerors to assist them in preparing their competition proposals.

B.6 PLACE OF DELIVERY – DESTINATION:

Upon receipt of authorization from the Contracting Officer to ship the items, all items shall be shipped F.O.B. Destination.

(a) Destination delivery addresses will be provided on each individually funded mailto:Micha.A.Wisniewski@uscg.mil delivery order.

(b) If parts are to be shipped to the U.S. Coast Guard, Surface Force Logistics Center, Warehouse; the addressed is provided below:

U.S. Coast Guard Surface Forces Logistics Center

Contracting and Procurement Branch 2

2401 Hawkins Point Rd

Receiving Room, Bldg. 88

Baltimore MD, 21226-5000

M/F: Contract Number/Delivery Order Number: {To be furnished at the time of award}

Deliveries are accepted M-F, 7:00 a.m. – 1:00 p.m., EST.

(c) At times, parts may be required to be direct delivered to a Coast Guard Cutter’s homeport. If so, the delivery address will be provided at the time of order

Regardless of the place of delivery, inspection may occur at the offerors facility prior to delivery. These items require 100% quality assurance inspection at the offerors location.

Acceptance and authorization to ship will be provided by the Contracting Officer or authorized representative

B.7 SCHEDULE OF SUPPLIES AND PRICES:

See Attachment 1 for detailed schedule of supplies. The Contractor’s price shall be all-inclusive to provide for all material, transportation (FOB Destination), and all other necessary items for a complete and usable part in complete compliance with all specifications that are contained in the solicitation.

(End of Section B)

SECTION C- CONTRACT CLAUSES

C.1 FAR CLAUSES IN BY REFERENCE

FAR 52.203-12

Limitation on Payments to Influence Certain Federal

Transactions

OCT 2010

FAR 52.204-7 System for Award Management (Provision) OCT 2016

FAR 52.204-13 System for Award Management Maintenance OCT 2016

FAR 52.204-19

Incorporation by Reference of Representations and

Certifications

DEC 2014

FAR 52.211-17 Delivery of Excess Quantities SEPT 1989

FAR 52.212-1

Instruction to Offerors- Commercial Items (Addendum below)

JAN 2017

FAR 52.212-4

Contract Terms and Conditions- Commercial Items

(Addendum below)

JAN 2017

FAR 52.215-20

ALT IV

Requirement for Cost and Pricing Data or Information

Other Than Cost or Pricing Data

OCT 2010

FAR 52.225-8 Duty-Free Entry OCT 2010

FAR 52.232-18 Availability of Funds APR 1984

FAR 52.232-25 Prompt Payment JAN 2017

FAR 52.242-17 Government Delay of Work APR 1994

FAR 52.246-2 Inspection of Supplies-Fixed-Price AUG 1996

FAR 52.246-15 Certificate of Conformance APR 1984

FAR 52.246-16 Responsibility for Supplies APR 1984

FAR 52.247-34 F.O.B. Destination NOV 1991

FAR 52.249-8 Default APR 1984

HSAR

3052.211-70

Strikes or Picketing Affecting Timely Completion of the Contract Work

DEC 2003

C.2 FAR CLAUSES IN FULL TEXT

C.3 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DHS-USCG DEVIATION 14-01)(APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National

Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

C.4 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of the Section Chief, CPD, C&P2 and shall not be binding until so approved.

(End of Clause)

C.5 FAR 52.211-8 TIME OF DELIVERY (JUN 1997)(ALT. I, APR 1994)

a) The Government REQUIRES delivery to be made as per Attachment 1.

The Government will evaluate quotes that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

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 will be considered nonresponsive and rejected.

*If an alternate delivery schedule is proposed for Contracting Officer's consideration, please submit schedule for each CLIN to be delivered.

(End of clause)

C.6 FAR 52.211-11 – LIQUIDATED DAMAGES – SUPPLIES, SERVICES, OR

RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the

Government liquidated damages of 20% of the value of the issued delivery order.

(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.

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)

C.7 FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN

2017) ADDENDUM

To ensure timely and equitable evaluation of the quotation, vendors must follow the instructions contained herein. The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

All pages in the quote shall be numbered and identified with the quote’s name and RFQ

Number 70Z08518Q31847B00 Syntron Seals. Subsequent revisions should be similarly identified to show revision number and date.

A. ADMINISTRATIVE/PRICE:

At a minimum, quotations must include:

1. Cover Letter with offeror’s Name, Address, Point of Contact, Telephone Number, Email address, DUNS/TIN Number and Cage Code

2. Attachment 1- Section B Schedule of Supplies/ Services & Delivery Schedule

3. Solicitation Amendments (signed SF-30s) (if applicable)

4. Completed FAR 52.212-3 Offeror Representations and Certifications-- Commercial

Items

5. Warranty Information – Terms of Manufacturer’s Warranty as per Specification

Section 3.1.6.

B. TECHNICAL

1. Documentation certifying all parts to be provided under this contract are new, are identical in part number and manufactured by the OEM as per Specification Section

3.1.2.

2. Contractor Quality Control Plan in accordance with FAR Clause 52.246-2 as per

Specification Section 3.1.3.

3. Documentation confirming that an Inspection Plan as per Specification Section 3.1.4 will be provided as per delivery schedule.

4. Documentation confirming that a Material Certification as per Specification Section

3.1.5 will be provided as per delivery schedule.

5. Delivery Schedule (if proposing delivery schedule different than what is specified in

FAR 52.211-8)

6. Past Performance

C. EVALUATION FACTORS

FACTOR I- TECHNICAL

The Offeror shall provide a clear understanding and certification that their proposed item complies with the technical requirements as stated in the specification, as detailed below.

In each case, the following areas shall be addressed:

Factor 1: Technical Capability of the item(s) offered to meet the Government requirement.

Offeror shall provide documentation certifying all parts to be provided under this contract are new, and are identical in part number and manufactured by the OEM as per Specification Section 3.1.2.

Offeror shall provide Quality Control Plan in accordance with FAR Clause

52.246-2 as per Specification Section 3.1.3.

Offeror shall provide documentation confirming an Inspection Plan will be provided as per the delivery schedule, as per Specification Section 3.1.4.

Offeror shall provide documentation confirming a Material Certification as per

Specification Section 3.1.5.

Factor 2- Delivery schedule- The offeror confirm in writing their ability to meet the proposed delivery schedule (Attachment 1) in accordance with FAR 52.211-8 or propose a different delivery schedule that meets the requirements of this solicitation.

Factor 3- Past Performance- The offeror shall identify at least two (2) but no more than four (4) relevant federal, state or local government or private contracts performed during the last three (3) years with similar scope and size when compared to this project, that demonstrated successful experience providing the items listed in Attachment 1 and meeting the requirements of Attachment 2. Offerors are authorized to provide information on problems encountered on the identified contracts and the offerors corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror past performance. Offeror shall submit past performance information on Attachment 4- Past

Performance Information Form.

FACTOR II- PRICE

Complete Attachment 1 with prices for all Contract Line Item Number (CLIN). The offeror's Price quotations will be evaluated by CLIN level and the offerors with the lowest overall Price will be ranked accordingly. The Quote should include any quantity discounts offered by the offeror.

QUOTE EXPIRATION DATE: All quotes submitted in response to this solicitation shall be valid for 120 calendar days from the date specified for the receipt of quotes.

C.8 FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a single 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:

Factor I – Technical

Factor II– Price

This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award(s). A decision on the technical acceptability of each offeror’s quotes will be made. For those offerors which are determined to be technically acceptable, award will be made to the vendor(s) with the lowest overall price. The

Government intends to make an award based on the initial quotations. If further questions are required, the contracting officer may contact the offeror or offerors. Award will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described in the below paragraph.

FACTOR I- TECHNICAL

Each offeror’s technical quote will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements of the Specification for Syntron

Face Type Propulsion Shaft Seal Assemblies, Attachment 2, and demonstrates a thorough knowledge and understanding of those requirements.

Technical has three factors that are equally important when compared to each other.

The price shall be evaluated to determine fairness and reasonableness. Award may be made without any type of discussions or negotiations.

An evaluation rating of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quote evaluation. If an Offeror receives a technical rating of

“Non-Acceptable” they will not be considered for award.

RATING SYSTEM FOR TECHNICAL EVALUATION FACTORS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation, as evidenced by all of the following:

1) documentation certifying all parts to be provided under this contract are new, are identical in part number and manufactured by the OEM, 2) Quality Control Plan in accordance with IAW FAR

52.246-2; 3) Documentation confirming an Inspection Plan will be provided; 4) Documentation confirming a Material Certification will be provided; 5) affirmative acceptance of delivery schedule OR proposed a delivery schedule that meets the requirements of this solicitation; and 6) relevant past performance demonstrating the offeror’s ability to successfully perform the required effort OR no past performance history exists OR the Contracting Officer has determined that the past performance information is not directly related or similar to the requirements in the RFQ.

Non-Acceptable Quote fails to meet requirements of the solicitation in any way to include any one or more of the following: 1) absence of documentation certifying all parts to be provided under this contract are new, are identical in part number and manufactured by the

OEM, 2) failure to provide a Quality Control Plan in accordance with IAW FAR 52.246-2; 3) failure to provide documentation confirming an Inspection Plan will be provided; 4) failure to provide documentation confirming a Material Certification will be provided; 5) failure to accept the solicitation’s delivery schedule or to propose a delivery schedule that meets the needs of the requirement; and 6) past performance information was provided or accessed that provides substantial doubt that the offeror will successfully perform the required effort.

The Government will evaluate Factor 1: Technical Capability of the item(s) offered to meet the Government requirement and determine whether the quote is acceptable or unacceptable. To be found technically acceptable under factor 1, an offeror must include all of the following in its Technical Quote:

Offeror shall provide documentation certifying all parts to be provided under this contract are new, are identical in part number and manufactured by the OEM.

The Offeror shall provide a Quality Control Plan in accordance with IAW FAR

52.246-2.

Offeror shall provide documentation confirming an Inspection Plan will be provided as per the specification

Offeror shall provide documentation confirming a Material Certification will be provided as per the specification

The Government will evaluate Factor 2: Delivery Schedule and determine whether the quote is acceptable or unacceptable. To be found technically acceptable under factor 2, an offeror shall describe their ability to meet the proposed delivery schedule in accordance with FAR 52.211-8 or propose a different delivery schedule that meets the needs of the government.

The Government will evaluate Factor 3: Past Performance to determine whether the quote is acceptable or unacceptable. - To be found technically acceptable under factor 3, the Government will review the 2-4 past performance references submitted with the quote on Attachment 4- Past Performance Information Form, as well as Contractor Performance

Assessment Reports (CPARS) and other existing past performance rating on relevant contracts and make a determination that relevant past performance demonstrates the offeror’s ability to successfully perform the required effort OR no past performance history exists OR the Contracting Officer has determined that the past performance information is not directly related or similar to the requirements in the RFQ. General trends in an offerors performance will also be considered.

References other than those provided by the Offeror may be used by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization. A quote will be deemed technically acceptable for the factor of past performance if the relevant past performance demonstrates the offeror’s ability to successfully perform the requirements of solicitation.

Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance and the past performance factor will be treated as technically acceptable.

Consistent with FAR 15.306(a) & (b), offerors may provide information on adverse past performance information to which the offeror has not previously had an opportunity to comment.

FACTOR II –PRICE

The price shall represent the best price in response to the request for quote. All prices on

CLINs (Attachment I Schedule of Supplies and Delivery) shall be firm fixed-price with the cost of packaging, marking and bar-coding along with shipping, F.O.B.

Destination, included in the cost of the parts.

If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government-obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price.

The Government intends to evaluate quotations and award a contract without discussions.

Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting

Officer later determines it necessary.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

Note: Unrealistically low proposed prices initially or subsequently, may be grounds for eliminating a quotation from competition either on the basis that the offeror does not understand or the offeror has submitted unrealistic quotations. The Government may make a final determination as to whether the Offeror’s quotation is acceptable or unacceptable solely on the basis of the initial quotations as submitted. Offerors are advised to submit quotations that are fully and clearly acceptable without requests for additional information. Offerors are required to meet all solicitation requirements, such as terms and conditions and technical requirements as outlined in the solicitation. Failure to read the specifications in its 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 date specified in this solicitation for receipt of quotes (End of Provision)

C.9 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for

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

(B) Definitions. As used in this provision—

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

https://www.sam.gov/portal http://uscode.house.gov/

“Manufactured end product” means any end product in product and service codes

(PSCs) 1000-9999, except—

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign

Assets Control in the Department of the Treasury, or are expressly exempted under

Federal law from the requirement to be conducted under such authorization;

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in

13 CFR Part 121 and size standards in this solicitation.

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

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

124.105) by—

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

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

CFR 124.104I(2); and

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

(ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern— http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

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

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

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

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

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

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program”

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

States.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.acquisition.gov/ https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/Subpart%204_12.html#wp1073667

[Offeror to identify the applicable paragraphs at I through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

SAM.]

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

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph I(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph I(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph I(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13

CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph I(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph I(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph I(6)(i) of this provision is accurate for each

WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB

Program and other small businesses that are participating in the joint venture:

__________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the

WOSB Program in I(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph I(7)(i) of this provision is accurate for each

EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs I(8) and I(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph I(1) of this provision.] The offeror represents that it

□ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph I(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph I(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

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

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

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

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

I Certification Regarding Payments to Influence Federal Transactions (31 U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the

Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition

Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms

“commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

https://www.acquisition.gov/far/html/52_223_226.html#wp1192900

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate.

(Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—

Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph

(g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than

COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.