CGC THUNDER BAY DD FY23 - Combined Synopsis Solicitation.doc

70Z08523QIBCT000025

USCGC THUNDER BAY DD FY23

COMBINED SYNOPSIS/ SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart12.6, supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued.

The solicitation is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC

2022-08 effective 28 October 2022. This requirement is being solicited as a total small business set aside using FAR Part 12 Acquisition of Commercial Items and FAR 13.5 Simplified Procedures for Certain Commercial Items. The NAICS Code is 336611 – Ship Repair with a small business size standard of 1,250 employees. The solicitation number is 70Z08523QIBCT000025 SCHEDULE OF SUPPLIES/SERVICES: See Attachment 1.

DESCRIPTION OF WORK: The Contractor shall furnish all necessary facilities, labor, materials, services, equipment, supplies, power, accessories, special tools and such other things as are necessary to perform various dry dock Repairs of the USCGC THUNDER BAY (WTGB 108) Bay Class Icebreaking Tug, all in exact accordance with this solicitation and the attached specification. See Attachment 2.

Scope of services shall include ship repair and associated support work, and may include work that is not currently listed as Definite Items.

CONTRACT TYPE: This solicitation is a request for quotes (RFQ) that will result in the award of a firm fixed price contract solicited under FAR PART 12 and FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items, subject to availability of funds.

CONTRACT PERIOD OF PERFORMANCE: The performance period for this requirement is 11 April 2023 through 20 June 2023.

PLACE OF PERFORMANCE: The place of performance is the Contractor’s Facilities.

CUTTER’S HOMEPORT: 54 Tillison Ave, Rockland ME. 04841-3417.

QUESTIONS: It is strongly encouraged to submit questions regarding this solicitation by 6 December 2022 at 1:00 PM EST to allow adequate time for response. After this date further requests may not be accepted due to time constraints. Submit questions to Timothy.M.Shuhart@uscg.mil and Sandra.A.Martinez@uscg.mil, using Attachment 4.

QUOTATION DUE DATE: Quotations must arrive no later than 9 December 2022 at 1:00 PM EST. Quotations may be sent via electronic mail (e-mail) to Timothy.M.Shuhart@uscg.mil and Sandra.A.Martinez@uscg.mil ANTICIPATED AWARD DATE: The anticipated date of award is on or about 3 February 2023.

FAR Provisions & Clauses Incorporated By Reference

FAR 52.215-20

ALT IV

ALT IV OCT 2010

ALT I JUL 1995

FAR Provisions & Clauses Incorporated by Full Text

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (DHS-USCG DEVIATION 14-01) (JUN 2020)

(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 Federal Acquisition Regulation (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 FAR 3.908.

(c)The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

(End of Provision)

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 proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision) FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)

a. The last day to request drawings regarding this solicitation is 18 September 2021. After this date, further requests may not be accepted due to time constraints. To request drawings, contact the Contract Specialist. All requests should identify the solicitation number 70Z08523QIBCT000025. Some references listed in the Specification, under "Consolidated List of References," are subject to Export Control limitations or have otherwise restricted distribution, and have been deemed "limited access" and "export controlled" packages. In order to access these documents, vendors must be certified as a US or Canadian contractor by the Joint Certification Program (JCP) administered by the Defense Logistic Information Service (DLIS). Instructions and procedures for being certified by JCP can be found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. Only those vendors that have

(End of Provision)

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 $500.00 per calendar day of delay.

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

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

(End of clause)

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021) ADDENDUM

All pages in the quote shall be numbered and identified with the quote’s name and RFQ Number 70Z08523QIBCT000025. Subsequent revisions should be similarly identified to show revision number and date.

A. REQUIRED DOCUMENTS:

Each quoteror shall furnish the information required by the solicitation, which includes:

1. Cover letter with quoteror’s address, DUNS and other information completed.

2. Amendments, as applicable.

3. Attachment 1- Section B Schedule of Supplies/ Services filled out with a cost associated with each CLIN, to include option labor hours. The attached excel spreadsheet should be filled out with prices and returned with the vendor’s quote.

4. Attachment 3 - Past Performance Documentation.

5. Small Business Self Certification for applicable set-aside (i.e. HUBZone).

6. Dry Dock Certification

7. Welding Certifications and Procedures (Provide procedures, weld certifications, and continuity log).

8. Proof of Insurance (Statement of Coverage from current Insurance carrier).

9. List the names of ALL Subcontractors that your company intends to subcontract for the CLIN Item(s) listed in the Schedule of Supplies/Services.

10. If applicable, ALL Technical Representative Certifications for BOTH prime and subcontractors as specified in the specification.

11. Completed FAR 52.212-3 Offeror Representations and Certifications-- Commercial Items.

B. EVALUATION FACTORS

Award will be made to the quoteror whose quote, in response to the Solicitation, is determined to be the best value to the United States Coast Guard.

Factor Title

Page Limit

I

Past Performance 5 Pages

II

Price

None

III

Technical

None

FACTOR I: PAST PERFORMANCE

The offeror shall identify at least two (2) but no more than four (4) relevant (in terms of scope/size of construction, overhaul, repair and alteration of ships)) and recent federal, state or local government or private contracts performed during the last three (3) years. In the event that more than four (4) past performance references are submitted with the vendor’s quote, the Coast Guard will review the four (4) most recent references. Offeror shall submit past performance information on Attachment 3- Past Performance Information Form.

FACTOR 2: PRICE

Complete Attachment 1 with prices for all CLINs.

The Offeror must also submit the following detailed information to support the pricing offer if requested, in addition to completing Schedule B of the solicitation. Note: The following information is NOT being requested at this time.

Offerors may use their own format for the information required below but it must be easily read and comprehended and identified by individual work item (eg. D-01, D-02):

1. Breakdown for each work item:

(a) Direct labor cost by labor hours and proposed hourly rate(s);

(b) Materials; Subcontracts; Equipment; Other Direct Costs; and Profit, if listed separately -- individually identifying any items which are $500 or greater.

2. Provide a listing by subcontractor with the following information:

(a) Identification of each proposed subcontractor (name, address, phone number) and his small business status.

(b) A brief description of the service or supply, by work item, to be furnished and the proposed price for each.

(c) An explanation of why and how the proposed subcontractor was selected including the extent of competition obtained.

FACTOR3: TECHNICAL

Provide the technical documents listed in A. Required documents 6-9.

Email submission shall not exceed 10 MBS.

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

(End of Provision)

FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (NOV 2021)

(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. Award will be made to the offeror whose quote, in response to the Solicitation, is determined to be the best value to the Coast Guard. The following factor shall be used to evaluate the offer:

Factors:

1. Past Performance

2. Price

3. Technical

Past Performance and Technical when combined, are approximately equal to price.

Factor 1: Past Performance

The past performance evaluation will take into account the guidelines outlined at FAR 15.305(a)(2) Past Performance Evaluation. The Contractor’s past performance will be evaluated according to the following:

Past Performance Quality Ratings

In evaluating Contractors past performance, the government intends to also review U.S. Coast Guard Contractor Performance Assessment Reports (CPARS) and other existing past performance ratings on relevant contracts. For purposes of this solicitation, “relevant contracts” are defined as contracts performed in which the contractor was the prime contractor performing construction, overhaul, repair and alteration of similarly-sized ships/ vessels. Past performance ratings for contracts that were completed more than three years before the date of the issuance of this solicitation are not considered recent and will not be evaluated. General trends in a Contractor’s performance will also be considered. Vendors lacking relevant past performance history will not be evaluated favorably or unfavorably on past performance, but will be assigned a Neutral rating.

Factor 2: Price

The total evaluated price of the offeror will be determined by totaling the proposed prices of all the Definite and Option Items, plus the composite labor hour extended total, plus lay days, loading rate, temporary services during lay days, crane hours, forklift hours, oily waste offload, paint thinner and foreseeable costs. While Option Items, the composite labor hour rate, lay days, loading rate, crane hours, forklift hours, oily waste offload, and paint thinner are included in the total evaluated price, it is for evaluation purposes, and therefore may or may not ultimately be awarded during contract performance.

(1) DEFINITE ITEMS: These are the items, which, if there is an award at all, will be awarded. The bid shall be evaluated to include the price for each definite item.

(2) OPTION ITEMS: These are the items, which, if there is an award at all, may be awarded upon completion of open and inspect, or if additional funds become available, of if they are needed. The offer shall be evaluated to include the price for each option item.

(3) COMPOSITE LABOR HOUR RATE: The offer shall be evaluated to include the offer price for the Composite Labor Hour Rate multiplied by the estimated quantity of hours.

(4) LAY DAYS: A lay day is defined as an additional day on a dry dock or marine railway caused by a Government- issued change. The Contracting Officer will evaluate the daily rate for lay days multiplied by the estimated quantity of lay days as stated in the offeror’s Schedule of Services/Supplies.

(5) FORESEEABLE COSTS: The Contracting Officer will evaluate certain foreseeable costs that will vary with the location of the commercial shipyard to be used by bidders/offerors under this solicitation. Costs will be calculated based on the bidder's/offeror's shipyard location and these costs will be added, for the purposes of evaluation only, to the bidder's/offeror's overall price.

Offeror’s price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness. Award may be made without any type of discussions or negotiations. The Government reserves the right to award to other than the lowest-priced offeror.

DISTANCE FACTOR ADJUSTMENT

Price related factors in the award of vessel repair contracts, foreseeable costs in connection with the differences of shipyard locations in the award of any vessel repair contract conducted away from the vessel’s home pier shall be evaluated in all solicitations for contracts exceeding $100,000.00.

LOCATION OF OFFEROR’S COMMERCIAL SHIPYARD

In order for the Contracting Officer to evaluate certain foreseeable costs to the Coast Guard that will vary with the location of the commercial shipyard to be used by the offeror, the offeror is required to provide, in the space below, the exact location of the shipyard to be used to perform the services required under this solicitation. The offeror is cautioned that its failure to provide the location of its commercial shipyard in the space provided may result in its quote being declared nonresponsive under the provisions of the terms of this Request for Quote.

Name and Location of Shipyard: _____________________________________________________

FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT SHIPYARD LOCATIONS

The Contracting Officer will evaluate certain foreseeable costs to the Coast Guard. Those costs will vary based on the location of the offeror’s shipyard and are added to the offeror’s overall bid price or price quote for the purposes of evaluation only. These elements of foreseeable costs consist of the following:

(1) Transit Cost:

Vessel operational cost will be calculated based on one round trip from the vessel's homeport of Rockland, ME. to the contractor's facility. Distance will be based on the NOAA publication, “Distance Between U.S. Ports” or other authority (in order of priority), including Army Corp of Engineers or U.S. Navy transit publications, if the shipyard location is not contained in the NOAA publication.

Transit cost to navigate the vessel between its homeport and the contractor's offered place of performance is $112.40 per nautical mile. The number of nautical miles to transit between the offerors shipyard and the vessel's homeport will be multiplied by the operational cost.

(2) Family Separation Allowance & Homeport Travel:

Crew members with dependents residing within the area of the homeport are entitled do Family Separation Allowance and Homeport Travel Allowance whenever a vessel is overhauled outside of the area of the homeport. The area of the homeport is defined as the area within 50 road miles of the homeport. If the contractor’s facility is the outside of a 50-road mile radius of the vessel’s homeport.

(i) Family Separation Allowance for personnel in accordance with Family Separation Allowance listed under DFAS.mil; Pay & Allowance; Family Separation Allowance for 16 crew members entitled to Family Separation Allowance $8.33 per day. This entitlement is calculated from the date that the vessel leaves the home port to the transit to the offerors shipyard and the planned date of return to home port after completion of repairs or equipment installation. If the contractor’s facility is less than 50 road miles from the cutter’s homeport, Family Separation allowance will not apply.

(ii) Homeport Travel. Crew’s transportation during overhaul away from home port. As required by 37 USC 406 b and Chapter 7, part F1 of the Joint Federal Travel Regulations (JFTR), on the thirty-first (31) day of a vessel being away from home port, and every (60) days thereafter, all personnel with dependents residing in the area of the home port will be provided round trip coach type airfare to the vessels home port. There will be (1) home port visit(s) during the performance of this contract. The vessel has 16 crew members eligible for Homeport Travel. Airfares will be based on the GSA City Pairs contracted Government YCA Fare (or successor GSA fare source) in effect at the time of receipt of quotes. If there is no GSA contracted rate between the location of the contractor’s shipyard and the homeport the rate will be computed based on commercially available airfares. If the contractor’s facility is less than 50 road miles from the cutter’s homeport, homeport travel will not apply.

(3) Travel and Per Diem Cost:

(i) COR Homeport Travel: There will be a transportation cost for one (1) Contracting Officer's Representative (COR) for 10 round trip(s) between the contractor's offered place of performance and the COR's official duty station (Boston, MA.) at the cost of coach-type airfare. If the contractor’s facility is less than 50 road miles from the CORs official duty station (Boston, MA.), COR Homeport Travel will not apply.

(ii)COR Per Diem: There will be a per diem expense for 70 calendar days to support one (1) COR while in the city of the place of contract performance, to be determined in accordance with the Joint Federal Travel Regulations (JFTR). The cost of car rental for the estimated performance period will also be included. If the contractor’s facility is less than 50 road miles from the CORs official duty station (Boston, MA.), COR Per Diem will not apply.

(iii)Crew Dining and Lodging: There will be a dining and lodging cost for 16 crew members while in the city of the place of contract performance for the estimated performance period 70 calendar days. The cost of hotel and meals and incidentals expenses (M&IE) shall be calculated in accordance with the Joint Federal Travel Regulations (JFTR). If the contractor’s facility is less than 50 road miles from the cutter’s homeport (Rockland, ME.), Crew Dining and Lodging will not apply.

Factor 3: Technical

The offeror’s technical submittal will be evaluated to determine if the offeror provided approved documents listed in A. Required documents 6-9.

An evaluation rating of Technically Acceptable/Non-Acceptable will be assigned upon completion of the technical submittal evaluation. If the Offeror receives a technical rating of “Non-Acceptable” they will not be considered for award.

Rating System for Technical Evaluation Factors

(End of provision)

PRE AWARD SURVEY

Prior to a contract being awarded a Pre-Award Survey may be conducted by the US Coast Guard Quality Assurance Team. The survey is used as an indication if a contractor has the qualifications to do the work and that the contractor’s facilities are certified under US Coast Guard specifications. Areas of interest on this survey may include, but are not limited to the following:

1. Performance Plans

2. Quality control or contractor quality assurance Plans

3. Personnel recruitment and training plans

4. Workload factors for manpower utilization

5. Management plan for handling peak workloads

6. Production capability

a. Plant facilities and equipment

b. Purchasing and subcontracting

c. Labor resources

d. Performance record

e. Ability to meet delivery schedules

f. Ability to perform production work in accordance with the specifications.

7. Environmental/energy considerations

8. Plant safety

9. Technical and/or professional abilities

10. Accounting systems

11. Security clearance

12. Government property control

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

Offeror’s price shall represent the best price in response to the request for quotes. The price shall be evaluated to determine fairness and reasonableness. Award may be made without any type of discussions or negotiations. The Government reserves the right to award to other than the lowest-priced offeror.

Options. 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).

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.

(End of provision)

FAR 52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL TIEMS (OCT 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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).

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.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"—

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 veteransor, 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—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(c)(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

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.

Veteran-owned small business concern means a small business concern—

(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.

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 least51 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) 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.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that— (i)It □ is, □ is not a small business concern; or

(ii)It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(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 (c)(2) of this provision.] The offeror represents as part of its offer that—

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not…