Attachment_8_Solicitation_Provisions_CB-LRI III_RFP.pdf

RFP NO. 70Z02322R93250001 ATTACHMENT 8

SOLICITATION PROVISIONS

Addendum to FAR 52.212-1:

The clause Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021) incorporated by reference is amended as to supplement and/or replace (as specifically noted) with the following terms and conditions:

(1) MULTIPLE OFFERS

Replace paragraph (e) with the following: Offerors are allowed to submit a maximum of two offers presenting alternative items to satisfy the requirements of this solicitation. The two offers must be separate, stand-alone proposals and shall not reference each other. Each offer submitted will be evaluated separately, and must adhere to all instructions.

Alternative line items must adhere to FAR 52.204-22 and if proposed must provide written information on how the Government’s line items does not conform to the offeror’s practices, if applicable. Notwithstanding the provision in FAR 52.204-22, acceptance of an alternative line item proposal is a unilateral decision made solely at the discretion of the Government. Offerors that do not comply with the line items specified in this solicitation will be determined to be nonresponsive or unacceptable.

(2) INSTRUCTION FOR PROPOSAL CONTENT

Offeror’s proposals shall be submitted in two (2) separate volumes.

Volume I: Technical

Volume I shall clearly demonstrate how the Offeror shall comply with the Attachment 1 CB-LRI III Specification and be specific, detailed, and comprehensive as to enable technical personnel to make a thorough evaluation. In all cases, claims of meeting objectives shall be supported with calculations or comparisons to performance data from an existing boat with similar characteristics.

The offeror’s proposal shall address all facets of the proposed technical solution. No price data shall be included in this volume.

The technical proposal shall consist of the following:

a. Narrative

b. Compliance Matrix

c. Appendices

a. Narrative

The following shall be addressed in the narrative:

o Parent Craft (Specification §051-1) – Provide a narrative that addresses significant modifications made to the parent craft (boat design upon which the proposed boat is based) in order to better meet the needs of the Coast Guard and reduce total ownership costs.

o Operations (Specification §070-3) – Provide a narrative that describes how the general arrangement of the CB-LRI III provides advantages for conducting boat operations.

o Maintainability (Specification §071 and §076) - Provide a narrative that describes how the configuration of the CB-LRI III allows for ease of access, removal, and replacement of components to conduct periodic or corrective maintenance.

o Crew Endurance (Specification §150, §512, and §660) – Provide a narrative that describes any design features that improve crew endurance over the range of the CB-LRI III’s intended operating environment. Some areas to consider include protection from the elements, seating/arrangement, noise/vibration, ventilation/air circulation, heating, etc.

o Water Management (Specification §079-1 and §300-1) – Provide a narrative that describes how your boat minimizes the likelihood and effects of water intrusion. Address:

o cabin (windows, doors, hatches, penetrations, drainage);

o interior compartment sealing and ventilation (condensation control);

o electrical/electronic/mechanical component selection and protection (location, shielding, sealing, orientation, material);

o deck drainage (location and size);

o bilge drainage management (pumps, plugs, alarms, sensors, location);

o vent arrangement (fuel tank, compartment, engine air intake); and o hatch sealing (engine compartment, lazarette, stowage, soft patches, compartment access, gaskets).

o Propulsion System Selection (Specification §200) – Provide a narrative describing the criteria (weight, speed/acceleration, responsiveness, supportability, modularity, cavitation margin, troubleshooting aids and spare parts availability, etc.) used to select the propulsion system components (engines, jet drives, reverse/reduction gear, etc.). Propulsion system selection should emphasize performance, reliability, and maintainability. To support closure with the National Security Cutter (NSC) during stern notch recovery, the propulsion system should rapidly accelerate at lower speeds (under 15 knots).

During NSC stern notch recovery, the LRI will typically take station 20-30 yards astern of the NSC. The NSC will normally maintain a speed between 5-7 knots. The coxswain will gauge the sea state and wave action to time their approach to the NSC. When an opportunity presents they will quickly close the distance to enter the stern notch.

Rapid acceleration from the station keeping speed to close the distance improves the probability of a successful recovery. Solicitation Attachment 2 GFI contains a video of a typical recovery evolution.

o Propulsion Control System (Specification §241-3) – Provide a narrative describing how the CB-LRI III meets the three required modes of propulsion control. Describe the user interface(s) and any design features (e.g., sensitivity adjustments, ease of use, redundancy) that improve the controllability of the boat.

o Suitability for Operation and Survivability (Specification §051-3) – The narrative should address how the data in Table 1 – Excerpt from NSWCCD-80-TR-2016/019, below, was used in the design or modification of the proposed boat. Discuss how the proposed boat is able to maintain higher speeds in higher sea states than comparable boats without damage or failure of equipment, personnel injury, or reducing the boat’s life cycle. Identify and discuss what limits the maximum sea state your proposed boat can operate in.

Table 1 – Excerpt from NSWCCD-80-TR-2016/019

Boat Accelerations (g) at Longitudinal Center of Gravity (LCG) Boat Speed – 6 knots Boat Speed – 12 knots Boat Speed – 25 knots Long Trans Vert. Long Trans Vert. Long Trans Vert.

SWH

3.8 ft.

RMS 0.21 0.41 0.13 0.28 0.41 0.20 0.26 0.45 0.47

Max Raw 0.35 0.65 0.38 0.33 0.69 0.89 0.39 1.30 3.58

SWH

5.7 ft.

RMS 0.20 0.42 0.13 0.27 0.42 0.23 0.27 0.45 0.43

Max Raw 0.31 0.70 0.40 0.32 0.71 1.06 0.39 1.95 3.74

Table 1.A - Definitions Chart

SWH: Significant Wave Height Long: Longitudinal Accelerations RMS: Root Mean Square Data Average Trans: Transverse Accelerations Vert: Vertical Accelerations o Durability (Specification §076) – Provide a narrative describing how your boat will be able to consistently and reliably conduct operations without failure. Discuss how your structure, communication, navigation, and propulsion systems are designed to withstand the rigors of repeated use in challenging operational conditions while requiring only minimal maintenance.

o Obsolescence and Parts Availability (Specification §041-6) – Provide a narrative that describes what you have done to minimize obsolescence and maximize availability of parts and components over the expected life cycle of the CB-LRI III.

o Production (Specification §090) – Provide a narrative describing your approach to control quality and configuration throughout the production run.

o Additional Design Features – Provide a narrative that addresses any additional design features that you feel provide additional value not addressed elsewhere in the proposal.

b. Compliance Matrix

The proposal shall include a compliance matrix (Attachment 4), completed per the instructions in Attachment 4. Note that where details are required, simply restating the specification or providing a blanket statement of full compliance is insufficient and will not be accepted as a demonstration of an offeror’s capabilities.

The specification defines the minimum requirements or performance criteria, known as threshold requirements. The offeror shall meet all specification requirements regardless of what is listed in the compliance matrix. Items in the compliance matrix identified as objectives represent desirable increases in operational capabilities. The offeror may submit, provided that doing so does not breach any threshold requirements, objective requirements or any portion thereof, any other items, and/or increased performance capabilities to increase utility. Any objective submission shall ensure the

CB-LRI III and all its systems can achieve all required performance. The Government may incorporate items in the offerors proposal that exceed the threshold requirements into the contract award.

c. Appendices

Proposals shall include five appendices and shall provide information as detailed below (no appendices shall be included that are not in the list below). Offerors are advised that the appendices shall only respond to the information requested. Information that goes beyond the requests will be disregarded and will not be evaluated:

o Appendix I: Table of Principal Characteristics – provide the following information:

Characteristic Value

Length overall [ft-in] Beam – Deployed condition [ft-in] Beam – Trailerable condition [ft-in] Height – Mast up (keel to highest point) [ft-in] Height – Mast down (keel to highest fixed point) [ft-in] Height – On trailer (ground to highest fixed point) [ft-in] Speed – Sea State (SS) 1 [kts] Speed – SS3 [kts] Range at performance weight in SS1 [nm] Fuel Capacity [gals] Weight – Lightship [lbs] Weight – Performance [lbs] Weight – Full Load [lbs] Engine – Make/Model Engine – Horsepower (HP) rating [hp] Engine – EPA tier III rating [date of approval] Marine Reverse/Reduction Gear – Make/Model Waterjet – Make/Model Designated Seating – Shock Rated [qty] Designated Seating – Non-Shock Rated [qty] o Appendix II: Major Equipment List – provide the following information:

Components Make Model Performance Rating / Description (*)

Propulsion Engines Reverse/Reduction Gears

Waterjet Propulsion/ Steering Control System

Propulsion Shaft Electrical Power Generation System

Tactical Radio

(VHF/UHF/700/800)

DSC Capability HF Radio Boat Crew Communication System

Fendering System Crew Seats Passenger Seats Trailer

* Performance rating shall be the industry-standard specified technical rating, e.g., EPA Tier III o Appendix III: Drawings – Provide drawings (The Government does not have a format requirement for the drawings submitted as part of the proposal) to depict the boat to allow for a detailed understanding of the proposed CB-LRI III design, structure, arrangements, buoyancy, and construction. Provide 2-D Inboard/Outboard Profile and Transverse Sections drawings showing all principal characteristics and major equipment. Drawings shall be to scale with the scale clearly indicated and shall be dimensioned sufficiently to allow evaluation of compliance to the specification and operational capabilities. Drawings should include:

• Hull lines;

• General arrangements (including sight line from the seated coxswain position forward that denotes the blind spot over the bow);

• Console arrangements (including reach and view for 5th percentile female and 95th percentile male);

• Machinery arrangements (including maintenance envelopes and maintenance hatch[es]);

• Lifting arrangement (single point and multi-point lifts); and

• Structural drawing.

o Appendix IV: Weight – Provide a weight estimate which includes the weight, center of gravity, draft, and trim for each loading condition, as described in the Specification §096-2.

Include in the weight estimate the design and lifecycle margins for both weight and center of gravity for meeting speed, stability, and range.

o Appendix V: Calculations - Provide the following calculations (including supporting data necessary to show compliance):

• Speed and range, at the performance weight condition;

• Stability Calculations – show by calculation how the stability requirements of

Specification §079 shall be met at all loading conditions in Specification §096-2 and all speeds.

• Center of Gravity Envelope – Provide diagrams showing the entire safe design/operating envelope of weight and center of gravity (LCG, VCG, TCG) for each loading condition in Specification §096-2;

• Sling loads including a force diagram for single and dual point lift that complies with Specification §582-5; and

• Drainage that complies with Specification §079.

The calculations shall include any references or data required to replicate/validate the calculations including methodology and assumptions used.

Volume II:

Volume II shall contain the following:

a. Past Performance Information;

b. IDIQ Pricing Worksheet and the Schedule (SF 1449);

c. Representations and Certifications & Completed Provisions; and

d. Amendments.

a. Past Performance Information

Each offeror’s proposal shall contain information on a maximum of three (3) past performance references, performed within the past three (3) years (from solicitation closing), that are relevant to this requirement to include: (1) Name of organization, (2) Current Point of Contact, Email Address and Phone Number, (3) Contract Number (4) Brief description of the boats provided identifying the key requirements and/or type of effort, and (5) Contract/Order value. The offeror shall document in the proposal whether or not the past performance reference contract(s) identified have records in the Contractor Performance Assessment Reporting System (CPARS) or if a Past Performance Questionnaire (PPQ) shall be submitted.

Each description shall provide enough detail for the Government to determine the relevance of this program or project; address the complexity of the contract/order effort and the overall technical risk associated with accomplishing the effort. Each description must also ensure acronyms are identified. The offeror shall also provide a complete description of the contract/order effort, identifying key technologies, components, subsystems, and requirements.

Annual production quantity shall be addressed. For task/delivery order contracts, state the number of orders issued during the period, the number of orders completed during the period, and the number of orders that remain active.

The references shall be for efforts of similar design to the boat proposed, and annual boat production of five or more aluminum boats. Offeror’s may provide information on problems encountered on the identified contracts and the offeror’s corrective actions.

Offerors shall submit the PPQ (Attachment 5) for reference contracts which do not have records in CPARS. The references (not the Offeror) shall return the completed questionnaire to the e-mail address shown on the PPQ no later than the closing date of this solicitation. The offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline. The PPQ and the instructions for processing the PPQ are in Attachment 5 to the RFP. If the past performance contract(s) has/have already been evaluated in CPARS, a PPQ is not required for that effort.

b. IDIQ Pricing Worksheet and the Schedule (SF 1449)

Attachment 3, Pricing Worksheet, shall be completed with unit prices, rates, and the offeror’s name. The offeror is to only input prices in the “Pricing Worksheet” tab of the Excel file. All other calculations are embedded as formulas in the Evaluation worksheet for purposes of calculating the total evaluated price and contract prices. These formulae shall not be altered.

Attachment 3 will not be a part of the resultant contract. The information inserted into Attachment 3 will be used, by the Government for evaluation purposes and for purposes of inserting price information into the Schedule SF-1449. Below is a detailed breakdown of how Attachment 3 will be used in the evaluation process:

Pricing Worksheet Tab: The pricing worksheet tab is for an offeror’s input of unit prices for each Contract Line Item Number (CLIN) for each ordering period. The inserted unit prices are automatically put into the evaluation worksheet. At award, the unit prices, inserted into the Pricing Worksheet tab, will be entered into the SF-1449, establishing the contract’s maximum value.

Evaluation Worksheet Tab: The evaluation worksheet tab uses unit prices inserted by offerors in the pricing worksheet tab. The evaluation worksheet displays the estimated ordering quantity for each ordering period. It also provides a unit price based on the inputs from the pricing worksheet tab. The evaluation worksheet calculates the total amount per CLIN and then a total evaluated price. This allows the USCG to evaluate pricing based on what the USCG anticipates ordering.

This value will establish the maximum contract value and this information will be inserted, by the USCG, into the SF-1449 upon award.

For the CLIN X014 series, a USCG provided ceiling amount is used for anticipated materials and subcontracts cost associated with logistic support needs. This amount is used for evaluation and will be applied to the overall contracting value. Loading rate percentages will be added to the USCG provided ceiling amount. The CLIN X014 series also has labor rates, which will be evaluated and applied to the overall CLIN value and the total contract value. Please note: The loading rate percentages will be added to the USCG provided ceiling amounts for anticipated material and subcontract costs.

The Schedule in the SF-1449 shall be filled out, signed, and dated in block 30. Upon award, the USCG will insert the unit prices, which were inserted into the Pricing Worksheet tab in Attachment 3.

c. Representations and Certifications/Provision Completion

A completed copy of the representations and certifications at FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (May 2022).

See FAR 52.212-3(b) for those representations and certifications that the Offeror shall complete electronically. A completed copy of FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020), 52.209-7 Information Regarding Responsibility Matters (Oct 2018), and any other provision or clause fill-in requiring completion by the Offeror.

d. Amendments

Any amendments to the solicitation (signed SF-30). Offerors shall include a completed, signed copy of the SF-1449.

(3) PROPOSAL PAGE LIMIT, COPIES

Volume I: Technical

The page limit for Volume I is:

a. Narrative Portion (30 pages)

b. Compliance Matrix (75 pages)

c. Appendices (no page limit)

d. Representations and Certifications/Provision Completion (no page limit)

e. Signed Amendments (no page limit)

Additional pages, videos, and other media shall not be submitted and will not be evaluated. For Volume I, submit an original in paper format, five paper copies, and an electronic copy on a

DVD/CD-ROM.

Note: Please review FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper when preparing proposal. Each side counts as one (1) page.

Volume II:

There is no page limit for Volume II.

For Volume II, submit an original in paper format, one paper copy, and an electronic copy on a

DVD/ CD-ROM.

Note: Both volumes shall be on 8” x 11” paper (11” x 17” for drawings, single sides of drawings will count against page limitation, if used in Narrative portion), with Times New Roman 11 point font; each page included in the above page limits shall be numbered consecutively.

(4) PROPOSAL SUBMISSION

The required number of copies of the proposals must be received by the Contract Specialist or Contracting Officer via “HAND-CARRIED DELIVERY ONLY” on or before the required submission date at the United States Coast Guard Headquarters Visitors Entrance. There shall be no proposal submission via e-mail, USPS, FedEx, UPS, DHL, or any other commercial carriers. Hand- Carried delivery through a messenger courier may be used. The U.S. Coast Guard Headquarters building is a controlled access building. Prior arrangements for meetings at the Visitor’s Center must be made by contacting the Contract Specialist, William E. Lewis and Contracting Officer, Wendy L.

Paulo, at least one (1) business day, prior to the date desired for delivery.

It is the offeror’s responsibility to ensure that proposals are delivered by the due date and time required. No changes or additions to a volume will be permitted after this date, except as provided under an amendment or discussions, if necessary. An Offeror that fails to meet any due date shall be considered “late” in accordance with FAR 52.212-1(f).

(5) VALIDITY PERIOD OF PROPOSALS

Replace FAR 52.212-1 paragraph (c) with the following: The Offeror agrees to hold the prices in its proposal firm for 120 calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the solicitation.

(6) SOLICITATION QUESTIONS

Offerors are strongly encouraged to submit questions and clarifications by 09/27/2022 at 12:00pm (noon) ET. All questions and clarifications shall be entered in Attachment 7. Questions and Clarifications Form shall be submitted via email to William.E.Lewis3@uscg.mil and Wendy.L.Paulo@uscg.mil. Questions received after the above cutoff date and time may not be answered. Submission of questions and clarifications, and any resulting answers from the Government will not require the Contracting Officer to extend the solicitation closing date. All Amendments to the solicitation will be posted via https://www.sam.gov. Note: The Government will not pay for costs incurred in the preparation and submission of proposals, or other costs incurred in response to this announcement.

(7) DHS NOTICE TO OFFERORS

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

(8) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those mailto:William.E.Lewis3@uscg.mil mailto:Wendy.L.Paulo@uscg.mil https://www.sam.gov/ provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a clause may be accessed electronically at these addresses: www.acquisition.gov/far/; http://www.dhs.gov/publication/hsar

PROVISION INCLUDED BY REFERENCE

NUMBER TITLE/DATE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

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

Confidentiality Agreements or Statements-Representation (Jan 2017) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.211-6 Brand Name or Equal (Aug 1999) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020)

(9) FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

(10) FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

http://www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar https://www.acquisition.gov/content/subpart-410-uniform-use-line-items#iSubpart_4_10 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting https://www.acquisition.gov/far/part-52#FAR_52_204_25 from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It __ does, __ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

(11) FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) (1) Representation. The Offeror represents that it __ does, __ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purpose of this representation, the offeror represents that it __ does, __ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunication equipment or services.

(End of provision)

(12) FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG

2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that— https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C

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

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

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

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

(D) Have __, have not __, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

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

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

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

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

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

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

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

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

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

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

(13) 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)

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

The Government contemplates award of a single award IDIQ contract resulting from this solicitation.

(15) FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Wendy L. Paulo at Wendy.L.Paulo@uscg.mil.

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

(16) EVALUATION PLAN

(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) Mission Effectiveness, (2) Supportability, (3) Past Performance, and (4) Total Evaluated Price.

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

The Government will evaluate written proposals to consider the following:

(1) Mission Effectiveness

(2) Supportability

(3) Past Performance

(4) Total Evaluated Price

(i) Mission Effectiveness: Each proposal will be evaluated to consider the proposed technical solution’s ability to meet or exceed the requirements set forth in the specification (Attachment 1).

The Mission Effectiveness evaluation will result in two separate ratings, one for technical and one for risk-related findings. Evaluators will also consider the degree a proposed solution offers the most mission-capable product in terms of design, performance, reliability, features, and the risk associated with achieving performance requirements.

https://www.sam.gov/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 http://www.acquisition.gov/far/html/Subpart%2031_1.html#wp1089550 mailto:Wendy.L.Paulo@uscg.mil

Evaluations will consider the degree to which a proposed solution exceeds the minimum requirements and/or includes non-required features that increase utility in any area of the specification or across multiple areas. Evaluations will specifically consider how well a proposed configuration allows for ease-of-use and is laid out in a manner that enables the crew to move freely so as not to inhibit them from performing mission critical operations effectively.

Proposals that do not indicate the “threshold” requirement will be met may be assessed as deficient.

(ii) Supportability: Proposals will be evaluated to consider the durability and maintainability of a proposed boat; each offeror’s ability to provide the required logistics; the risk associated with achieving supportability requirements; product support (including warranty); and, any other facets of logistics and supportability management apparent in a proposal. The Supportability evaluation will result in two separate ratings, one for technical and one for risk-related findings.

(iii) Past Performance: Proposals will be evaluated to consider each offeror’s past performance. This evaluation will assess whether an offeror consistently delivered quality products in a timely manner in the past, including overall consideration of quality, schedule, management, and regulatory compliance. Evaluators will consider recent and relevant past performance examples. “Recent” is defined as performance during the last three (3) years (from solicitation closing). “Relevant” past performance is defined as performance of contracts (or orders) for a boat of similar design to the boat proposed, and annual boat production of five or more aluminum boats.

Evaluators will consider the information presented in proposals, as well as information from any other sources available to the Government (e.g., Government-controlled Contractor performance databases and references including contractual, technical, and end-user representatives). An offeror will be afforded an opportunity to address adverse past performance information to which the offeror has not previously had an opportunity to comment.

An offeror without a record of recent or relevant past performance, or for whom information on past performance is otherwise unavailable, will receive a rating of neutral for this factor and will not be treated favorably or unfavorably with regard to past performance.

(iv) Total Evaluated Price (TEP): The TEP will be calculated using the “Evaluation Worksheet” in accordance with RFP, Attachment 3. Offerors will provide their unit prices in the pricing worksheet tab and the evaluation worksheet tab calculates total amounts for each CLIN (unit price multiplied by anticipated quantity) displaying the TEP for the five one-year ordering periods. The sum of the totals from CLIN 0001 through 4014 equals the TEP. Evaluation of the TEP will include various techniques and procedures in FAR 15.404-1.

These evaluations will be compiled in a report to the Source Selection Authority. Based on an integrated assessment of the evaluations, and in accordance with the relative importance of the evaluation factors, the Government will make a single award based on the proposals, which represents the best value to the Government. This assessment will follow the guidance at FAR 15.101-1, Best Value Continuum Tradeoff Process, and the guidance for evaluation of commercial products and commercial services at FAR 12.602(c). This determination will compare the relative merits of technical features (Mission Effectiveness and Supportability), past performance information, and the proposed prices associated with them. In making this comparison, the Government is concerned with striking the most advantageous balance between technical, past performance, and price.

The Government intends to award a single award IDIQ contract without discussions. Therefore, each initial offer shall contain the offeror’s best technical and price terms. The Government reserves the right to conduct discussions, if after consultation with the Source Selection Evaluation Board (SSEB), the Contracting Officer determines discussions are necessary. The Government may reject any or all offers if such action is in the public interest. The Government may accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(b) This single award IDIQ will have five one-year ordering periods without options.

(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.