ATT3_TNC_RFP___ 1 .docx

DTMA94Q20130006 engines

ATTACHMENT 2 - TERMS and CONDITIONS Page | 1

The following FAR, Transportation Acquisition Manual (TAM), and MARAD local provisions and clauses apply to this solicitation and are incorporated by reference.

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following Internet addresses:

Federal Acquisition Regulations (52.) https://www.acquisition.gov/comp/far/current/html/FARTOCP52.html Transportation Acquisition Regulations (1252.) http://www.dot.gov/ost/m60/tamtar/part1252.htm U.S. Maritime Administration Provisions and Clauses (MCL) https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm 52.204-7 Central Contractor Registration;

52.212-1 Instructions to Offerors-Commercial Items;

52.212-3 Alt I Offeror Representations and Certifications - Commercial Items (Offerors are required to include a completed copy of this provision with their offer or a statement stating that it is available via the ORCA website, http://orca.bpn.gov.)

52.212-4 Contract Terms and Conditions-Commercial Items;

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items; within FAR Clause 52.212-5(b) and (c), the following Items are designed by the Contracting Officer to apply to the solicitation:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor, 52.222-19 Child Labor - Cooperation with Authorities and Remedies, 52.222-21 Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 52.222-36 Affirmative Action for Workers with Disabilities 52.225‐3 Buy American Act‐‐Free Trade Agreements‐‐Israeli Trade Act 52.225-13 Restrictions on Certain Foreign Purchases, and 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration 52.222-41 Service Contract Act 52.222-50 Combating Trafficking in Persons 52.215-5 Facsimile Proposals: (757) 322-5858 52.223-18 Contractor Policy to Ban Text Messaging While Driving 52.238-18 Availability of Funds (APR 1984) 1252.223-73 Seat Belt Use Policies and Programs

MCL.L-2 Agency Protests

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

· Technical Acceptability

· Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

PROPOSAL SUBMISSION INSTRUCTIONS

In additional to the referenced 52.212-1 Instructions to Offerors-Commercial Items, offerors shall provide the following information to establish the Technical Acceptability and Satisfactory Past Performance for their proposal.

1. Technical Acceptability

a. If offeror doesn’t include technician on site at Suisun for test for the rebuilt QSB Cummins then furnish information see SF18 ClIN 001

BASIS FOR AWARD

Award will be made to the technically acceptable offeror and whose offer, conforming to the solicitation, with the offer being the low price.

52.233-2 Service of Protest (Sept 2006)

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

Ms. Kathryn rato Contracting Officer 201 Mission Street, Suite 1800 San Francisco, CA 94105

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

APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION: The Service Contact Act wage determination applicable to this requirement the wage determination relative to the offeror shop location. See sF18 pg 2 for web site