Combined Synopsis-Solcitation 70Z08023R15006B00.pdf

COMBINED SYNOPSIS / SOLICITATION

70Z08023R15006B00

87’ PATROL BOATS MTU DIESEL ENGINE OVERHAULS

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

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

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

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

The Ombudsman Hotline telephone number is 202.372.3695.

Solicitation No.: 70Z08023R15006B00

Commanding Officer

USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

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

REQUEST FOR PROPOSALS

70Z08023R15006B00

The U.S. Coast Guard (USCG) Surface Forces Logistics Center (SFLC) intends on awarding a Requirements type contract with firm-fixed-price (FFP) delivery orders for five (5), one (1) year ordering periods for the overhaul of Motoren-un Turbinen-Union (MTU) 8V396 TE94 series main diesel engine, in support of USCG 87’ Patrol Boats (WPBs). The need for this overhaul contract is based on the age of these engines and the number of operating hours accumulated through their life span. A justification for other than full and open competition is attached to this solicitation

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

II. This solicitation is being issued as a request for proposal (RFP). This requirement will be satisfied using FAR Part 15, Contracting by Negotiation.

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular

(FAC) 2022-08.

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

V. A list of the contract line item numbers to be acquired can be found under Attachment 3, Contractor Pricing and CLIN List for all ordering periods. Insert unit and total price in U.S. Dollars for all CLINs listed in the Schedule. Unit prices shall include shipping costs, free on board (F.O.B.) Destination and the cost of packaging, marking and bar-coding. (Note: the Extended Price column and Extended Total should automatically calculate and populate.)

VI. Description of requirement: In support of USCG 87’ Patrol Boats (WPBs) Contractors having a MTU distributor agreement will provide MTU certified technicians using manufacturer proprietary data to perform the diesel engine overhauls in accordance with Work Item 1: 2815-12-348-2440, Engine, Diesel, Repair (Attachment 1). Engines shall be individually packaged, marked and shipped F.O.B.

destination in accordance with this solicitation and the attached specifications.

Failure to read the specification in its entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All proposals submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

Contract Type: The U.S. Coast Guard (USCG), Surface Forces Logistics Center (SFLC) intends to award a commercial firm-fixed price requirements contract.

Period of Performance: This contract shall be in effect for three years from date of award. Ordering periods are as follows:

Ordering Period 1 12-Months from effective award date Ordering Period 2 12-Months after the end of Ordering Period 1 Ordering Period 3 12-Months after the end of Ordering Period 2 Ordering Period 4 12-Months after the end of Ordering Period 3 Ordering Period 5 12-Months after the end of Ordering Period 5

Place of Contract Performance: Contractor’s facility

VII. Delivery and acceptance and FOB point:

PLACE OF DELIVERY - DESTINATION

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

U.S. Coast Guard Surface Forces Logistics Center Contracting & Procurement Division (PBPL) Attn: David Packard 2401 Hawkins Point Road, Bldg. 31, LL Baltimore, MD 21226 Contract Number: {To be furnished at time of contract award} Order Number (if applicable): {To be furnished at time of order award} E-mail: david.a.packard@uscg.mil

(B) All items shall be delivered F.O.B. Destination to the following address between the hours of 7:00 a.m. and 12:30 p.m. Eastern Daylight Time Monday through Friday:

Commanding Officer USCG Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 Contract Number: {To be furnished at time of contract award} Order Number: {To be furnished at time of order award}

Inspection will occur at the contractor’s facility. Acceptance will occur at the delivery addressee.

INSPECTION AND ACCEPTANCE

MATERIAL INSPECTION AND RECEIVING REPORT

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

• An authorization number such as the contract/delivery order number

• Product or service description, including name, part number, serial number and National Stock

Number (NSN)

• Quantities shipped (if applicable)

• Date(s) property or services were accepted

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

One (1) copy of the DHS Form 700-21 shall be sent to the Contract Specialist upon shipment/delivery of any GFP deliverable hereunder, clearly marked “Information Only.”

U.S. COAST GUARD INSPECTION (ORIGIN)

The Contractor shall be responsible for the performance of all inspection requirements in accordance with the Work Item 1: 2815-12-348-2440, Engine, Diesel, Repair (Attachment 1).

Inspection shall take place at origin by a Government Quality Assurance (QA) representative.

Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than seven (7) working days prior to inspection.

The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, prior to QA Inspection. Contractor shall provide and maintain an inspection system acceptable to the Government.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance shall be made by a Government representative at destination within ten (10) days of receipt. Acceptance shall be contingent upon verification of no damage in transit, correctness and completeness of the order, and conformance to the preservation, packaging, and marking requirements of Work Item 1: 2815-12-348-2440, Engine, Diesel, Repair (Attachment 1).

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

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

OFFEROR’S REQUIRED DELIVERY SCHEDULE

CLIN DESCRIPTION WITHIN DAYS AFTER

1-O

Labor to receive the engine and uncrate; prepare a Receiving Inspection Report with photographs, SOW 3.2(a).

Submit Appendix (A) fourteen (14) days after receipt of engine

2-O

Disassemble the engine, separate the transmission and return to SFLC and inspect engine, report findings, SOW 3.2(b).

Submit Appendix (B) twenty (20) days after submission of appendix A

3-O

Parts and Labor to overhaul, test, paint, preserve, package, shipment, commission, and warranty, SOW 3.2(c)-(g), 3.3, 5.1-5.5.

Submit within fifty (50) days of written approval of appendix (B)

Submit Appendix (C) fourteen (14)

NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED

Attachment 2 is the Offeror’s Proposed Delivery Schedule. The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may be considered nonresponsive and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so days after dynamometer testing

Provide Technical representative to commission engine seven (7) days after written notification.

Submit Appendix (E) seven (7) days upon completion of engine commissioning

4-O Technical Support, SOW 3.4

Remote technical support within one (1) hour upon notification On-site technical support within twenty-four (24) hours of written approval

5-O Root Cause Failure analysis, SOW 3.5 Submit forty-five (45) days after receipt of engine

6-O Re-preservation of an engine, including dynamometer testing, SOW 3.7

Complete within thirty (30) days after receipt of engine

Notification of Coast Guard witness testing, SOW 3.1.9.

Fourteen (14) day notice required

Check Sheet for Preservation, SOW 3.2(e).

Submit with check sheet with dynamometer testing report

Cumulative Tracking Report, SOW 3.2(h).

Submit Appendix (D) 15th of each month

Project Manager and Alternate Project Manager resume, SOW 3.1.16.

Due with offer submission and at contract award computed, the offered delivery date is later than the required delivery date, the offer may be considered nonresponsive and may be rejected.

(End of Clause)

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

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

APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

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

B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offeror may be required to submit cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING RECEIPT OF THEIR

PROPOSALS.

C. Submit an electronic copy of signed and dated offer to David Packard at David.A.Packard@uscg.mil, no later than December 1, 2022 by 2:00 PM Eastern Time. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. Questions are due no later, November 16, 2022 by 2:00 PM Eastern Time. Each submitted electronic file of the proposal shall be submitted in Adobe PDF and ensure it is compatible with Microsoft Office 2016. It is the sole responsibility of the Offerors to ensure that the electronic media submitted is virus-free and can be opened and read by the Government. The deadline for submission of the electronic copy of the proposal is firm. As the closing date and time draws near, heavy traffic on the web server may cause delays.

Offerors are strongly encouraged to plan and leave ample time to prepare and submit their proposals.

Early submission of proposals is encouraged. Documents may have to be sent in separate emails due to USCG email size restrictions, ZIP files are not permitted. The electronic copy of the proposal will constitute the official copy for timely receipt. Late submissions will not be accepted.

D. All offerors submitting proposals must be registered and active in System for Award Management (SAM) https://www.sam.gov at time of submittal. If you are not actively registered in SAM, your propsal will not be considered.

E. The data submission must include the following:

(1) Cover Letter that includes

a. The solicitation number 70Z08023R15006B00;

https://www.sam.gov/

b. Company address; point of contact name, phone number and e-mail address; “Remit to” address, if different than mailing address; and address where all work will be performed;

c. DUNS number; cage code; small business status and company’s business size;

d. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation;

e. Acknowledgment of Solicitation Amendments, if any;

f. Other Pertinent information.

(2) Reps and Certs: A completed copy of the representations and certifications at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(3) Submit Key Personnel resumes of the Project Manager and Alternate Project Manager. The Offeror shall limit each resume to three pages submitted as a PDF.

(4) Provide proof that at least two current employees are MTU trained and certified to the level of MTU standards meeting CM4/CE4.

(5) Submit a letter on MTU or Rolls-Royce Power Systems (RRPS) AG letterhead, signed by an MTU or RRPS representative validating the Offeror is a distributor with the authority to sell and service the 8V396 TE94 diesel engine. The letter must include the MTU or RRPS representative’s printed name, title, phone number, email and signature. The letter shall provide a date indicating how long the distributor agreement is valid or when the distributor agreement expires.

(6) Proposed Delivery Schedule (Attachment 2)

(7) Submit two (2) CPARS past performance assessments for recent, relevant work performed within the past three (3) years from the solicitation closing date will be used to evaluate a contractor’s past performance. The contractor must identify the most recent and relevant CPARS assessments and submit copies of those assessments with their proposal. If a contractor does not have any CPARS assessments for relevant work performed within the past three (3) years from the solicitation closing date, the contractor shall identify two (2) references with contracts or delivery/purchase orders for performing this type of requirement - overhaul large diesel engines for the USCG, federal, state or local government or private contracts and have their references complete (Attachment 4) past performance questionnaire.

The offeror’s past performance references must e-mail the past performance questionnaire directly to David Packard at David.A.Packard@uscg.mil by the closing date and time of Phase II submissions. Past performance CPARS or (Attachment 4) are also required from any and all Teaming Organizations.

(8) Warranty Information: Proposals must include details of the offeror’s manufacturer's warranty services and warranty support plan. Proposals must document the length of warranty support including number of operational hours and or calendar days which the item will be warranted free of defects. At a minimum offerors will provide a single point of contact for warranty claims. Claims may be made from 0800 to 1630 EST, Monday through Friday. Proposals shall provide a plan for warranty resolution within 24 hours of notification.

mailto:David.A.Packard@uscg.mil

(9) Pricing: Offerors’ price shall represent the best price in response to the request for proposal. The Schedule of Supplies and Prices Attachment 3 of the solicitation shall be completed by the contractor.

Prices/discount for all CLINS listed in the schedule shall be included. Offerors are strongly encouraged to offer substantial discounts from the manufacture pricing. The Government will establish a “total evaluated price” based on a completed Attachment 3. The total evaluated price includes all ordering periods, and the unit prices. The total contract amount (estimated total overhauls, wear analysis, and all other services including, commissioning services and support services) shall be evaluated to determine whether the proposed prices are fair and reasonable.

Unit prices must include the cost of labor, mandatory parts, shipping free on board (F.O.B.) destination, and the cost of assembly, cleaning, priming, painting, programming, packaging/crating, packing and marking/bar coding. An explanation of any unusual costs shall be included in the proposal. The contractor’s price shall represent the best price in response to the request for proposals

E. Page Count:

Identification

Maximum Pages

Cover Letter Reps and Certs Technical Plan Resumes Employee Certifications MTU or Rolls-Royce Power Systems

AG (RRPS) Agreement detailing the Service Provider Agreement

Delivery Schedule

3 PDF Pages No Page Limit 15 PDF Pages 3 PDF Pages Each 2 PDF Pages Each No Page Limit

(Attachment 2)

Past Performance Two (2) CPARS per Offeror and any Teaming Organization or (Attachment

4) delivered directly from two (2) References.

Warranty Information 3 PDF Pages Price

(Attachment 3)

FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

Address: Commanding Officer ATTN: Jennifer B. Lucas USCG Surface Forces Logistics Center

CPD-C&P1-PBPL

2401 Hawkins Point RD, BLDG 31 LL Baltimore, MD 21226

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

(End of Provision)

INCURRED COSTS

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

CLARIFICATION OF SPECIFICATIONS AND DATA

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

DHS NOTICE TO OFFERORS

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

RESPONSIBILITY

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

NOTICE OF PRE-AWARD SURVEY

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

a. Performance plans

b. Quality assurance and control plans

c. Personnel recruitment and training plans

d. Workload factor for manpower utilization

e. Management plan for handling peak workloads

f. Production capability:

i. Plant facilities, equipment and labor resources

ii. Purchasing and subcontracting

iii. Performance record and ability to meet delivery schedules

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

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

The Government intends to award a contract based on the initial offers and without discussions, although clarifications (as defined in FAR 15.306(a) may be needed). A Pre-award Site Survey may be required prior to award.

In evaluating Contractors past performance, general trends in a Contractor’s performance will also be considered. Contractors may provide information on problems encountered during the performance of any contract/order and any corrective actions the contractor made. In the case of a contractor without a record of relevant past performance or for whom information on past performance is not available, the contractor may not be evaluated favorably or unfavorably on past performance.

A. If discussions are held, the Government will conduct discussions with all companies that have been found to be technically acceptable and request final proposal revisions.

B. The Government will award contracts resulting from this solicitation to the responsible offerors 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:

(i) Factor 1 – Technical

Subfactor A - Technical Approach: Demonstrated Clear Understanding/Prior Experience Subfactor B - Management Approach: Project Planning, Warranty Response and Technical Services Support Subfactor C - Key Personnel Resumes Subfactor D - Employee MTU Training Certificates Subfactor E - Valid MTU Distributor Agreement

(ii) Factor 2 – Past Performance CPARS for Relevant Work References Other than CPARS

(iii) Factor 3 – Price

Order of Importance – The technical and past performance factors are significantly more important than price and the Government may award to other than the lowest priced quote based on the technical and past performance ratings.

C. Evaluation of Offers.

Factor 1 Technical

a. Written Technical Plan The offeror shall submit a fifteen (15) page maximum written technical plan.

i. Technical Approach: Demonstrate a clear understanding of the RFP and the Statement of

Work. The offeror shall describe their prior experience with a relevant size and scope overhaul project.

ii. Management Approach: Describe the offeror’s approach to unplanned issues, Project Planning, Warranty Response and Technical Services support.

b. Technical Documentation Support: Offeror shall submit the following documents to be rated technically acceptable. Failure to submit these documents will result in a rating of technically unacceptable. These documents do not count against the fifteen (15) page limitation for the written technical plan required above.

i. Key Personnel resumes of the Project Manager and Alternate Project Manager. The offeror shall limit each resume to three pages submitted as a PDF. Resumes shall detail key personnel experience managing a similar project in size and complexity. Minimum requirement: Key Personnel have a minimum of one (1) year supervisory experience of a large marine diesel engine project.

ii. Proof that at least two current employees are MTU trained and certified to the level of MTU standards meeting CM3/CE3.

iii. A letter on MTU or Rolls-Royce Power Systems (RRPS) AG letterhead, signed by an MTU or RRPS representative validating the offeror is a distributor authorized to sell and service the 8V396 TE 94 MDE. The letter must include the MTU or RRPS representative’s printed name, title, phone number, email and signature. The letter shall provide a date indicating how long the distributor agreement is valid or when the distributor agreement expires.

The evaluation Factor 1 will be done holistically with a rating scale of “high confidence,” “some confidence,” and “low confidence,” representing the Government’s confidence that the Offeror understands the requirement and will be successful in performing the work based on the fifteen (15) page submission. Written technical plans that extend beyond fifteen (15) page will not be considered.

Technical Rating Definitions:

Factor 2: Past Performance

a. CPARS for relevant work: The offeror shall submit up to two (2) CPARS past performance assessments for recent, relevant work performed within the past three (3) years from the solicitation closing date will be used to evaluate a contractor’s past performance. The contractor must identify the most recent and relevant CPARS assessments and submit copies of those assessments with their proposal.

b. If an offeror does not have any CPARS assessments for relevant work performed within the past three (3) years from the solicitation closing date, they shall identify two (2) references with contracts or delivery/purchase orders for performing this type of requirement and have their references complete Appendix C past performance questionnaire. The offeror’s past performance references must e-mail the past performance questionnaire directly to the Contract Specialist by the closing date and time of the solicitation. Offerors who do not have any past performance history or whose past performance is not available may not be evaluated favorably or unfavorably.

Past performance will be considered relevant if it is for performing overhaul of large diesel engines for the USCG, federal, state or local government or private contracts. In evaluating past performance, general trends in performance will also be considered. References other than those provided by the offeror may be used by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization resources.

Past Performance shall be rated as Substantial Confidence, Satisfactory Confidence, Limited Confidence, and No Confidence. In the case for which there is no information on past performance or where past performance information is not available, the offeror may not be evaluated favorably or unfavorably. In this case, a performance confidence rating of "Neutral" will be assigned. For this requirement a "Substantial Confidence" or “Satisfactory Confidence" past performance rating is worth more than a "Neutral" past performance rating.

Past Performance Rating Definitions:

Factor 3: Price

It is anticipated that pricing and award of this acquisition will be determined fair and reasonable based on adequate price competition. Completion of Schedule of Supplies and Prices Attachment 3 is necessary for a full evaluation of an Offeror’s proposal. While certified cost and pricing data is not required, other than certified cost and pricing data or detailed prices breakdowns may be necessary in order for the Government to determine price reasonableness. Proposals failing to meet or comply with the price proposal instructions may be deemed noncompliant. The Government will evaluate offers for award purposes by adding the total price for all ordering periods to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the ordering period prices are significantly unbalanced.

Travel costs will not be evaluated, however the Contractor shall be required to travel to support the contract. Travel costs will be reimbursed for Technical Support and Failure Analysis CLINS. All preventative maintenance will be FFP, accomplished at cutter homeports, and travel will not be reimbursed. When applicable, Contractor’s travel shall be reimbursed in accordance with FAR 31.205-

46. The Contractor shall, to the maximum extent practicable, minimize overall travel costs by taking advantage of discounted airfare rates available through advance purchase. Charges associated with itinerary changes and cancellation under nonrefundable airline tickets are reimbursable as long as the changes are driven by the work requirement. Travel performed for personal convenience or daily travel to and from the contractor’s normal work site shall not be reimbursable. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

D. Evaluation Methodology

The Government will award a requirements contract to the offeror determined to provide the best value on the basis of all non-price and price related factors. The evaluation of proposals submitted in response to this solicitation shall be conducted utilizing the tradeoff process to obtain the best value to the Government.

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.

X. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (Oct 2022) applies to this solicitation and is incorporated by reference. Offerors must include a completed copy with its offer. Offerors must be registered in SAM.gov to receive award.

FAR 52.204-24 – REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVIELLANCE SERVICES OR EQUIPMENT (OCT 2020)

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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 Items. 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.

(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 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)

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 purposes 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 telecommunications equipment or services.

(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 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).

FAR 52.215-20 − REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR OTHER

THAN CERTIFIED COST OR PRICING DATA (OCT 2010), ALTERNATE IV (OCT 2010)

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

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

The information may be as follows:

REQUEST FOR INFORMAL COST BREAKDOWN

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

Trade, (i.e. laborers, rigger, etc.)

Breakdown of labor grades by trade category Manhours per trade, per labor grade Cost/hour/trade Supplies/materials (description & cost of each) Sub-total Pension Plans Overhead at a rate of _____% Profit at a rate of ________% Total for item _____________

The Government intends to award a contract based on the initial offers and without discussions, although clarifications (as defined in FAR 15.306(a) may be needed). If discussions are held, the Government will conduct discussions with all companies that have been found to be technically acceptable and request final proposal revisions.

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

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

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

The offeror represents that—

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

It � has, � has not filed all required compliance reports; and

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

(End of Provision)

FAR 52.222-25 − AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that—

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

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

(End of Provision)

FAR 52.225-6 − TRADE AGREEMENTS CERTIFICATE (MAY 2014)

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.