RFP- 5

HSCG23-10-R-MOT005 AMENDMENT 2

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS

(1) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) –

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a clause may be accessed electronically at these addresses:

http://www.acqnet.gov/far http://www.dhs.gov/xopnbiz/regulations/index.shtm

Provisions Included by Reference:

NUMBER TITLE/DATE

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2008)

Addendum to FAR 52.212-1 is as follows:

1) INSTRUCTION FOR PROPOSAL CONTENT: Offeror’s proposals shall be submitted in two separate Volumes. Both volumes must indicate: (1) the solicitation number: HSCG23-10-R- MOT005; (2) the time specified in the solicitation for receipt of offers; and (3) the name, address and telephone number of the Offeror.

Volume I: Volume I shall contain information addressing the: (a) Vessel Operational Capabilities and Physical Characteristics, (b) Construction and Logistics Capability and Quality Assurance, (c) Warranty Terms and Warranty Process, and (d) Relevant Past Performance.

Volume I shall address the specifications SEQUENTIALLY.

Offerors shall demonstrate the vessel’s operational capabilities and physical characteristics per the specifications (if responses are located in accompanying product literature, Offerors must cross-reference the page and paragraph number). Note that simply restating the specification or providing a blanket statement of full compliance is insufficient and will not be accepted as a demonstration of Offeror’s capabilities. If an Offeror fails to sequentially address all specifications, simply restates the requirements, or fails to comply with any of the RFP instructions, its proposal may be rejected and eliminated from further consideration. Offerors shall include in the proposal its detailed warranty terms and warranty process.

Volume I shall clearly articulate how the Offeror will comply with the RB-S Specification and be specific, detailed, and comprehensive enough to enable technical personnel to make a thorough evaluation of the proposed RB-S and the Offeror’s capabilities. No price data shall be included in this volume. In the specification document, items followed by the word "Threshold" are minimum requirements or performance that the proposed product must have. Items followed by the word "Objective" represent desirable increases in operational capabilities. These “Objective” requirements or any portion thereof, as well as any other items or increased performance capabilities the Offeror considers desirable or to add value, may be offered. Each Offeror may include capabilities and equipment intended to achieve or exceed the “objective” requirements listed in the specification, however any proposed boat must meet all “threshold” or minimum requirements in order to qualify for award.

For the Vessel Operational Capabilities and Physical Characteristics factor the proposal should include a narrative along with supporting information, including tables, illustrations and drawings. In particular the proposal should provide a narrative description of any features that allow the proposed RB-S to accomplish its mission as described in the RB-S specification document. The narrative should be accompanied by supporting illustrations (photographs, drawings, renderings, etc.). The proposal should clearly indicate where the Offeror proposes to meet, or partially meet, objectives as identified in the Specification. The following should be addressed in the proposal:

• Design Maturity: Describe the maturity of the proposed RB-S design and propulsion system as it relates to Specification 070-4.

• General Arrangements: Provide a description of the general arrangements of the proposed RB-S and the functionality of the design as it applies to meeting the RB-S requirements.

• Control Station Design - Provide a description of the pilothouse layout. Discuss the features of the controls consoles and indicate how the equipment mounting and location complies with the specifications.

• Powering, Speed and Range - Provide a narrative discussing the approach used to determine how the proposed RB-S will meet the speed and range requirements. Claims should be supported by calculations or comparisons to existing craft with similar characteristics. Address the propulsion system prior service requirements (Specification 200-1.2) and emission requirements.

• Seakeeping - Provide a narrative describing the boat’s seakeeping and maneuvering ability. Provide a comparison to existing parent craft and any feature of the proposed boat that contribute to seakeeping and maneuvering capability.

• Weight - Provide a narrative describing how the proposed weight was estimated, the rationale behind any weight margins used and the weight control method to be employed. Submit a weight estimate of the proposed boat. It shall include the lightship weight and center of gravity, the weights and centers of gravity of the variable loads, and the weight and center of gravity in all load conditions as described in the Specification

• Stability - Provide a narrative discussing the approach used to determine how the proposed RB-S will meet the stability requirements. Calculations may be provided to show compliance with stability requirements in the Minimum Operating and Full Load condition. Identify the watertight subdivision boundaries of the hull.

• Structural Design - Provide a narrative discussing the structural design of the proposed RB-S, including the grade of aluminum and the methodology of structural analysis.

• Reliability, Supportability, and Maintainability – Provide a narrative to address how equipment was selected and integrated it into the design to achieve the operating profile and reliability requirements of the specifications. Address any features that will allow the boat to be easily maintained.

In addition to the narratives, the following information should be provided:

• Table of Principal Characteristics – provide a table similar to Specification Table 070-1 that identifies the principal characteristics of the proposed RB-S.

• Primary Equipment List – provide a list of the primary equipment that will be used to construct the proposed RB-S. At a minimum the list should include make and models of propulsion and control components, generator, batteries, HVAC, electronics, alarms, fendering, doors, hatches, windows, window wipers, seats, and galley equipment.

• Drawings – Drawings should be provided to depict the boat to allow for a detailed understanding of the proposed RB-S design, arrangements and construction. Drawings should be to scale with the scale clearly indicated. Drawings should include: hull lines plan; general arrangements including plan, inboard and outboard profile views;

machinery arrangements; and structural scantlings.

For the Construction and Logistics Capability and Quality Assurance factor, the Offeror should provide a narrative that addresses: the Offeror’s facilities that will be used to construct the RB-S;

experience with building boats of this type and quantity; the Offeror’s capabilities with regard to producing the logistics information required, and, the Quality Assurance program that is currently utilized; and any changes to that program that will be incorporated during the construction of RB-S. For Construction Capability, the narrative should also address the plans for conducting testing and trials. For Quality Assurance, the narrative should address the Offeror’s ability to prevent discrepancies, to respond to deficiencies when identified, and the process that is used to ensure the RB-S will comply with the Specifications.

For Warranty Terms and Warranty Process factor the proposal should provide a complete description of the warranty terms and warranty process that be used to meet the warranty requirements of the Specification. The proposal should address: whether the Offeror will visit the USCG units to perform repair work when it is determined to by covered under the warranty; will the Offeror play for parts, labor and travel is for warranty work; does the Government have the right to perform scheduled maintenance without voiding warranties; the means of contacting the Offeror for after hours warranty issues; and the response time for warranty notifications.

For the Relevant Past Performance factor, offeror’s proposals shall contain information on a maximum of three (3) references over the past three years that are relevant to this requirement to include: (1) Name of organization, (2) Current Point of Contact, Email Address and Phone Number, (3) Contract Number (4) Brief description of the boats provided and (5) Contract Value.

The Offeror shall submit the Past Performance Questionnaire (see RFP Attachment 1) to three references for completion. The references (not the Offeror) shall return the completed questionnaire to the e-mail address shown on the Questionnaire no later than seven business days prior to the closing date of this solicitation. Any completed questionnaire returned directly by the Offeror to the Government shall not be accepted.

The Offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline. The Questionnaire and the instructions for processing the Questionnaire are an attachment to the RFP.

Volume II: The Contractor shall submit proposals on a Firm-fixed price basis and summation of extended prices per year and total contract price. Volume II shall contain the following: (1) the signed schedule (SF-1449) (filled out with the pricing information as specified in the Schedule to include the “Reserved CLINS”, which should be used to add any non-specified items that would be needed for their proposed RB-S boat); (2) completed Attachments 2A-2C, “Pricing Worksheets” as well as a price breakdown of the proposed product by entering the respective unit prices, extended prices for the CLINS listed, and totals; (3) the Representations and Certifications (52.212.3), IF they are not listed at the ORCA database; (4) Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters (52.209-5) and Small Business Program Representations (52.219-1); and (5) any amendments to the solicitation (signed SF-30).

2) PROPOSAL PAGE LIMIT: The page limit for Volume I is 100 pages total, and there is 15 page limit for Volume II. Both volumes shall be on an 8x11 sheet, with a font size of 10-12.

Brochures and product literature are included in the page limit. Cover letter, Representations and Certifications (52.212.3) are not included in the page limit.

a. For Volume I, submit One Original and Five Copies

b. For Volume II, submit One Original and Two Copies.

3) MULTIPLE OFFERS: Offerors are encouraged to submit up to two offers maximum presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately; however Offerors will only be eligible for one award.

4) PROPOSAL SUBMISSION: Proposals shall be submitted via “HAND-CARRIED DELIVERY ONLY” on or before 12:00 noon EDT on 05 OCT 2010. There shall be no proposal submission via e-mail, USPS, FedEx, UPS, DHL, or any other commercial carriers. A hand-delivery through a messenger courier can be used.

*Due to the very stringent nature and the extra security procedures taken on all commercially delivered mail, all Offerors must hand deliver their proposals to the address below:

Commandant (CG-9123) ATTN: Todd W. Blose (JR11-0407) United States Coast Guard 1900 Half Street, S.W., Washington, DC 20593 Phone: 202-475-3205

RFP: HSCG23-10-R-MOT005.

*NOTE: The U.S. Coast Guard Headquarters building on 1900 Half Street, Washington, DC, is a controlled access building. Prior arrangements for access must be made by contacting the Contract Specialist, Mr. Todd W. Blose at least one business day prior to the date required for access. Expect some delays clearing building security and plan accordingly. It is the Offeror’s responsibility to ensure that proposals are delivered by the due date and time required. The required number of copies of the proposal must be received by the Contract Specialist no later than (NLT) 12:00 Noon EDT on the required submission date. No changes or additions to a volume will be permitted after this date, except as provided under discussions, if necessary. An Offeror that fails to meet any due date will be considered “late” in accordance with FAR 52.212- 1(f).

5) PERIOD FOR ACCEPTANCE OF OFFERS: The Offeror agrees to hold the prices in its offer firm for 160 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

6) SOLICITATION QUESTIONS: Questions shall be submitted NLT 12:00 Noon EDT every Friday from 20 AUG 2010 to 24 SEP 2010, with Government answers/responses posted as soon as is feasibly possible the following week. Questions shall be submitted to the POC via email at Todd.W.Blose@uscg.mil. NO questions shall be accepted after 24 SEP 2010 in order to provide the Government and Offerors adequate time to prepare for proposal submissions.

Questions received after the above cutoff date and time may not be answered. Submission of questions and any resulting answers from the Government will not require the Contracting Officer to extend the solicitation closing date. All Amendments to the solicitation will be posted via http://www.fedbizopps.gov. Note: The Government will not pay for costs incurred in the preparation and submission of proposals or other costs incurred in response to this announcement.

Contractors doing business with the Government are required to register in the Central Contractor Registration (CCR) database before they can be awarded a contract. A template containing the information for registration can be found at: http://www.ccr.gov.

7) NOTICE FOR FILING AGENCY PROTESTS: 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 cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum.

In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

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

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

mailto:Todd.W.Blose@uscg.mil

Commandant (CG-9131) ATTN: Ombudsman Program for Agency Protests U.S. Coast Guard 2100 2nd St SW STOP 7112 Washington, DC 20593-7112

FAX: 202-475-3904

The Ombudsman Hotline telephone number is 202.372.3695.

FAR Provisions in Full Text:

(1) 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (DEC 2001) –

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

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

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

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

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

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(2) Examples.

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

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

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

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

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

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

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

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

(2) FAR 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:

The Government intends to conduct a two-phase evaluation process. The first phase will involve evaluation of the written proposals as submitted. The second phase involves a physical testing and validation of the accepted boats of the initial awardees. Only boats that are accepted will participate in Phase II.

The Government intends to award up to 4 Indefinite Delivery Indefinite Quantity (IDIQ) contracts resulting from this solicitation to the responsible Offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Phase One: Upon receipt of proposals, an evaluation will be conducted in accordance with this RFP. The USCG intends to award up to 4 firm-fixed price IDIQ contracts resulting from this solicitation. Award of a contract under this solicitation only guarantees the selected Contractor to the minimum of one boat (CLIN X0001), which will be used for the Phase Two evaluation process upon acceptance. The factors and related information listed below shall be used by a Government evaluation team to evaluate offers in Phase One.

The following evaluation factors shall be used to evaluate offers: (1) Vessel Operational Capabilities and Physical Characteristics, (2) Construction & Logistics Capability and Quality Assurance, (3) Warranty Terms and Warranty Process, (4) Relevant Past Performance, and (5) Price. All non-price factors are in descending order of importance and, when combined, all non-price factors are approximately equal to Price. As the technical proposals become closer in quality, price increases in relative importance.

The USCG intends to award the minimum under each contract awarded, which is CLIN X0001, quantity one, at the time of award. Each Contractor shall have 135 days (125 days after the post award conference) from the date of award to produce and deliver CLIN X0001. Each of the boats will be delivered to the USCG Sector Charleston at the following address:

USCG Sector Charleston

COMMANDER

U.S. COAST GUARD SECTOR

196 Tradd Street Charleston, SC 29401-1817

EVALUATION FACTORS:

The Government will evaluate the proposals against the following five factors:

a. Vessel Operational Capabilities and Physical Characteristics:

Offerors proposals will be evaluated on the offeror’s demonstrated ability to provide the RB-S in accordance with the specifications.

• Offeror’s proposals shall demonstrate, in clear detail, its capabilities and equipment intended to meet all “threshold” or minimum requirements or it will not be considered. Evaluations will be based on the degree to which the offers exceed minimum requirements and attain “objectives” or offerings of added value in any area of the specifications or across multiple areas. The submission of drawings is required. The Government’s intent is to ensure that the proposed configuration of the platform allows for ease of use and is laid out in a manner that enables the crew to move freely so as not to inhibit them from performing mission critical operations effectively.

Items followed by the word "Threshold" are minimum requirements or performance that the proposed product must have. Items followed by the word "Objective" represent desirable increases in operational capabilities. Each Offeror may include capabilities and equipment intended to achieve or exceed the “objective” requirements listed in the specification, however any proposed boat must meet all “threshold” or minimum requirements in order to qualify for award.

b. Construction & Logistics Capability and Quality Assurance:

Offeror’s proposal will be evaluated on the offeror’s ability to demonstrate the following:

• The ability to construct the RB-S in accordance with the specifications contained in the RFP and to test the RB-S in accordance with the test plans/procedures contained therein to ensure that it is contractually compliant;

• The ability to provide the required Logistics information in accordance with the specification document;

• The ability to develop a quality assurance program that minimizes discrepancies and non-contract compliant items;

• The ability to responsively correct logistical and construction deficiencies as they are identified and in a manner that is contractually compliant;

• The ability to provide a step by step inspection process to ensure that the product conforms to the specification and requirements;

• The ability to produce and deliver boats at the rate and quantity stated in the price scenario worksheet.

c. Warranty Terms and Warranty Process:

The Government will evaluate each Offeror’s understanding and capability to comply with the warranty requirements IAW Section 042-5 (Product Warranties) in the specification. The warranty plan shall include responses to the following:

• Offeror’s plan for travel to Government unit locations with the proper tools and equipment to perform warranty repair work on the boat and trailer when it is determined that the repair work is covered under the warranty.

• Warranty coverage of all parts, labor, and travel expenses in association with warranty repair work for the boats and trailer if the repair is covered under the warranty.

• Warranty provision permitting the Government to perform all scheduled maintenance with its own personnel or by contract without voiding warranty coverage or endangering Government warranty rights.

• Warranty provision establishing a hotline number or Internet website address for receipt of warranty claims after normal duty hours (after 5:00 PM local time), including staffed hours and hours utilizing recording or answering service, and establishing response times to warranty claims, inquiries and notifications.

• Means and method for handling disputed warranty claims.

d. Relevant Past Performance:

• The Government’s intent is to evaluate each offerors past performance, including quality of product; price control; timeliness of performance; business relationships; and customer satisfaction, to determine whether the Offeror consistently delivered quality products in a timely manner in the past. This factor will be evaluated on the basis of relevant past performance for the Offerors during the last three (3) years, including performance on contracts of similar scope, on contracts for a similar quantity of boats with a similar design, or similar family of designs to the boat proposed. The information presented in the Offerors’ proposals, together with information from any other sources available to the Government (e.g., Government-controlled Contractor performance databases and references including contractual, technical, and end-user representatives) may provide input for the evaluation of this factor.

• Offeror’s proposals shall contain information on a maximum of three (3) references over the past three years that are relevant to this requirement to include: (1) Name of organization, (2) Current Point of Contact, Email Address and Phone Number, (3) Contract Number (4) Brief description of the boats provided and (5) Contract Value.

• The Offeror shall submit the Past Performance Questionnaire (see RFP

Attachment 5) to three references for completion. The references (not the Offeror) shall return the completed questionnaire to the e-mail address shown on the Questionnaire no later than seven business days prior to the closing date of this solicitation. Any completed questionnaire returned directly by the Offeror to the Government shall not be accepted.

• The Offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline. The Questionnaire and the instructions for processing the Questionnaire are an attachment to the RFP.

• A lack of any relevant past performance information will be treated by the

Government as a “Neutral” under this factor.

e. Price:

• The Offeror’s proposal shall be submitted on a firm-fixed price basis. Offerors shall provide pricing IAW the schedule (SF 1449) and the attached price worksheets (see RFP Attachments 2A-2C). The information contained in the schedule and in the price worksheet shall be consistent with each other. The price worksheet shall be used by the PET to evaluate the proposed prices for completeness, accuracy, and price reasonableness. The worksheet itself will not be part of the award document.

• Quantity discounts are highly encouraged and should be identified on both the

SF-1449 and on the price scenario worksheet.

• An evaluation of the Offerors’ price proposals will be made to determine if they are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the technical proposal. Price reasonableness will be evaluated based on the receipt of competitive offers and comparisons to published commercial pricing of Offerors’ and others’ products, and to the independent government estimate. Additionally, Offerors will be evaluated based on their proposed prices using three potential ordering scenarios, under the production contract, to determine the best overall value of all items proposed. Each scenario will be weighted equally.

BASIS FOR AWARD:

Selection for award shall be to the responsible Offeror whose proposal contains the combination of those evaluation criteria offering the best value to the Government using the tradeoff continuum in accordance with FAR 12.602(c). This will be determined by comparing the differences in the value of technical features with differences in cost to the Government. In making this comparison the Government is concerned with striking the most advantageous balance between technical, past performance, and cost to the Government.

The basis for award will be best value, which will be based on consideration of the following evaluation factors: (1) Vessel Operational Capabilities and Physical Characteristics, (2) Construction & Logistics Capability and Quality Assurance, (3) Warranty Terms and Warranty Process, (4) Relevant Past Performance, and (5) Price. All non-price factors are in descending order of importance and, when combined, all non-price factors are approximately equal to Price.

As the technical proposals become closer in quality, price increases in relative importance.

The technical evaluation will be attained through a determination and analysis of strengths, weaknesses, significant weaknesses, and deficiencies. Technical risk will be included in the final evaluation of each factor and will not be evaluated as a separate factor. Technical risk is an overall assessment derived from the technical evaluation and is inclusive of each evaluation factor. In the assessment of technical risk, Government evaluators will consider all available information submitted in the proposal.

The Government intends to evaluate proposals and award up to four contracts without discussions with Offerors. Therefore, each initial offer shall contain the Offeror’s best terms from a technical and price standpoint. The Government reserves the right to conduct discussions, if determined necessary by the Contracting Officer. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Phase Two:

a. Upon acceptance of the boats from the initial awardees, the USCG will complete the down-select process by conducting a test and validation of the accepted boats, to determine whether they (i) conform to the written proposed boat, and (ii) meet the USCG requirements as stated in the specification. The delivered boat for testing must be identical to the boat proposed; only minor variations will be permitted that do not either singularly or collectively change the proposed boat configuration or performance capabilities in a material way. Only boats that are accepted will participate in Phase II.

b. The purpose of the test and evaluation is NOT to reveal deficiencies or significant weaknesses for possible remediation through discussions. Rather, the results of the testing and evaluation reports will be used to update and verify the initial technical evaluations that correspond to the subject matter of the areas tested. These updated evaluations will serve as the down-select criteria for determining which of the awardees' proposals provides the "best value" to the USCG for the CLINS that may be ordered under future delivery orders.

c. The test and evaluation findings will be provided to the initial awardees by electronic mail, who will then respond in a timely manner, as designated in the letter, to provide comments on the findings by e-mail response to Todd.W.Blose@uscg.mil. Providing the Contractor(s) an opportunity to comment on these findings is for the sole purpose of assisting the USCG in using these findings for evaluation purposes as described above, and not for discussions. No part of a Contractor's proposal will be changed as a result of any such comments provided by the Contractor, nor will any Contractor’s comments be considered except as they specifically relate to the USCG test and evaluation findings.

d. The final down-selection for the production boat award will be made using the same factors and evaluation scores given the awardees for their first proposals, except that those aspects of the technical proposal that were subject to test and evaluation may be adjusted as a result.

Upon completion of this test and evaluation, one of the boats will be selected as the overall best value to the USCG. That Contractor will be notified in writing by the Contracting Officer as the sole recipient of future delivery orders. No further orders will be issued under the remaining contracts, except for spare parts that will be needed to support the one boat acquired.

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

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

(3) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL

ITEMS (AUG 2009) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov.

If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

“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.

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 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 Federal Supply Classes (FSC) 1000- 9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and http://orca.bpn.gov/ http://uscode.house.gov/

(10) FSC 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.

“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.

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

(1) Means a small business concern—

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“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 least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 women.

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.]

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

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (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 it is, is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, 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.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern).

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

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ______________ http://orca.bpn.gov/ https://www.acquisition.gov/far/current/html/Subpart 4_12.html#wp1073667

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it is, is not an emerging small business.

(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:

(A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51–100 __ $1,000,001–$2 million __ 101–250 __ $2,000,001–$3.5 million __ 251–500 __ $3,500,001–$5 million __ 501–750 __ $5,000,001–$10 million __ 751–1,000 __ $10,000,001–$17 million __ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the…