HSCG23-11-R-ADB013 Attach 8 .pdf

HSCG23-11-R-ADB013 ATTACHMENT 8

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: HSCG23-11-R- ADB013; (2) the time specified in the solicitation for receipt of offers; and (3) the name, email address, mailing address and telephone number of the Offeror.

Volume I: Volume I shall contain information addressing the: (a) Mission Effectiveness, (b) Supportability, and (c) Relevant Past Performance.

Volume I shall address the specifications SEQUENTIALLY.

Offerors shall demonstrate the vessel’s mission effectiveness and supportability 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 CB-OTH-IV Specification and be specific, detailed, and comprehensive enough to enable technical personnel to make a thorough evaluation of the proposed CB-OTH-IV and the Offeror’s capabilities. No price data shall be included in this volume. "Threshold" is the minimum requirement or performance that the proposed product must have. Items followed by the word "Objective" represent desirable increases in m. 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” requirements in order to qualify for award.

The Mission Effectiveness factor includes all facets of the Offeror’s technical solution, including boat design, manufacturing quality measures, mission performance capabilities related to the boat design, and management of the program effort. The proposal should include a narrative with supporting information, including tables, illustrations and drawings. In particular the proposal should provide a narrative description of any features that allow the proposed CB- OTH- IV to accomplish its mission as described in the CB-OTH-IV specification document. The proposal should clearly indicate where the Offeror proposes to exceed, meet, or partially meet, the thresholds and objectives identified in the Specification. The following, at a minimum, should be addressed in the proposal:

Design Maturity: Describe the maturity of the proposed CB-OTH-IV design and propulsion system.

General Arrangements: Provide a description of the general arrangements of the proposed CB-OTH-IV and the functionality of the design as it applies to meeting the CB- OTH-IV requirements (e.g., Human Factor Engineering, safety, and ergonomics).

Provide Inboard/Outboard Profile and Transverse Sections 2-D drawings showing all principal characteristics and major equipment.

Control Station Design - Provide a description of the control station layout. Discuss the features of the control console and indicate how the equipment mounting and location complies with the specification.

Powering, Speed and Range - Provide a narrative discussing the approach used to determine how the proposed CB-OTH-IV 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 and emission requirements.

Sea Keeping - Provide a narrative describing the boat’s sea keeping and maneuvering ability. Provide a comparison to existing parent craft and any feature of the proposed boat that contribute to sea keeping 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 in Extended Ship Work Breakdown Structure (ESWBS) of the proposed boat. It shall include the light ship weight and center of gravity, the weights and centers of gravity of the variable loads, and the weight and center of gravity in all loading conditions as described in the Specification Section 050-1.1.

Stability - Provide a narrative discussing the approach used to determine how the proposed CB-OTH-IV will meet the stability requirements. Calculations shall be provided to show compliance with stability requirements in the Performance Weight and Full Load Weight Conditions. Identify the watertight subdivision boundaries of the hull.

Structural Design - Provide a narrative discussing the structural design of the proposed CB-OTH-IV, including the grade of aluminum and the methodology of structural analysis to meet requirements of Specification Section 100-1.1 &100-1.2. Provide Hull Bottom Structural 2-D drawing showing transverse frame spacing, longitudinal spacing and bottom scantling details.

Component Integration – Provide a narrative to address how equipment was selected and integrated 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.

Production Quality – Provide a narrative discussing your applied quality controls and other measures that ensure design and production integrity.

Management – Provide a narrative discussion of your program management approach that addresses key personnel, interface with government staff, schedules and deliverables, and contract and financial management. The Offeror shall also provide a proposed Phase II boat schedule.

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

Table of Principal Characteristics – provide a table that identifies the principal characteristics of the proposed CB-OTH-IV.

Major Equipment List – provide a list of the major equipment that will be used to construct the proposed CB-OTH-IV. At a minimum the list should include make and models of propulsion and control system components, batteries, electronics, alarms, fendering, and seats.

Drawings – 2-D Drawings should be provided to depict the boat to allow for a detailed understanding of the proposed CB-OTH-IV design, arrangements and construction.

Drawings should be to scale with the scale clearly indicated. Drawings should include:

hull lines plan; general arrangements; machinery arrangements; and bottom structural drawing as described above. 2-D drawings shall be provided on 11‖ x 17‖ sized paper.

The 11‖ x 17‖ drawings shall be folded and included in the proposal as an appendix.

The Supportability factor includes all facets of the Offeror’s approach to ensuring that mission critical logistics functions and products, including warranties, are provided to support the design and performance capabilities of the boat. The proposal should include, at a minimum, a description of the Offeror’s facilities where the CB-OTH-IV will be manufactured; a discussion of the quality practices that will be employed to ensure that critical logistics functions are accomplished; a discussion of the Offeror’s approach to producing the logistics information required by the specification and Statement of Work; conformance of products to the program schedule; and any related measures of coordination and oversight that will ensure an effective program of supportability (e.g., configuration management, Engineering Change Proposals (ECPs), commercial supplier management). The discussion of warranty shall include a complete overview of warranty terms and conditions, the warranty claims execution process, and any related provisions affecting the Offeror’s capability to warrant critical mission performance features of the boat. At a minimum the proposal should address the extent to which USCG units can perform warranted repair work; items included/excluded in the parts, labor and travel for warranty work, the means of contacting the Offeror for after hours warranty issues; and the response time for warranty notification and remediation of failed items.

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: Offerors should submit their pricing information and required RFP sections (e.g., Schedule of Supplies, Pricing Worksheets) in electronic format (e.g. MS Excel) on CD-Rom, in addition to the written submissions in Volume II. Should conflicts arise between the material presented in Volume II and on the CD-ROM, the precedent for consideration shall be with the written material in Volume II. This may also be identified to the Offeror for clarification.

The Contractor shall submit proposals on a firm-fixed price basis. Volume II shall contain the following:

(1) The Schedule (SF 1449) – The Schedule shall be filled out with the summation of the total contract price for contract ceiling purposes. Each CLIN, except for CLIN 20001, 30001, 40001, 50001, 60001, and 70001, must include a unit price and extended amount unless designated as ―Not Separately Priced‖. CLIN 10001 shall be used to calculate the extended price for all (101) boats by multiplying the Offeror’s most expensive mid-point weighted average (from CLINS 10001, 20001, 30001, 40001, 50001, 60001, and 70001) times the 101 quantity (See Attachment 2). The proposed stepladder unit prices for CLINs 10001, 20001, 30001, 40001, 50001, 60001, and 70001 shall be filled in the Schedule in the provided spaces. These proposed stepladder unit prices should be consistent with the proposed pricing in the Pricing Worksheets (Attachment 2). The Schedule shall also be signed and dated in block 30.

(2) Pricing Worksheets – Pricing Worksheets shall be filled-out in accordance with instructions stated in Attachment 2. The Government will calculate the total evaluated price using the pricing information provided by the offerors.

(3) Representations and Certifications (52.212.3), Shall be filled out and submitted 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) shall be provided.

(5) Any amendments to the solicitation (signed SF-30). Offerors shall include a completed, signed copy of the entire solicitation with all appropriate ―fill-in‖ sections completed. If any exceptions are taken to the terms and conditions of the solicitation, they shall be clearly set forth in a cover letter; and they shall be explained by the Offeror with the understanding that the exceptions may render the Offeror’s proposal unacceptable to the government.

2) PROPOSAL PAGE LIMIT; COPIES: The page limit for Volume I is 70 pages (35 double-sided pages) total, not including the following documents: Table of Contents, Compliance Matrix, Renderings, General Arrangements and System Drawings. The page limit for Volume II is 26 pages (13 double-sided pages) total, not including the Compliance Matrix or required documents listed in the paragraph above (1-5). Both volumes shall include a Compliance Matrix mapping the Offeror’s proposal sections to the respective parts of the solicitation (e.g., SOW, specification, evaluation factors). Both volumes shall be on an 8x11 sheet (11‖ x 17‖ for drawings), with a font size of Arial 11; each page included in the above page limit shall be numbered consecutively.

a. For Volume I, submit an Original in Paper Format, Seven Paper Copies, and an Electronic Copy on a CD-ROM.

b. For Volume II, submit an Original in Paper Format, Two Paper Copies, and an Electronic Copy on a CD-ROM.

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 02 FEB 2011. 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: Jennifer Sokolower (JR11-0631) United States Coast Guard 1900 Half Street, S.W., Washington, DC 20593 Phone: 202-475-3777

RFP: HSCG23-11-R-ADB013.

*NOTE: The U.S. Coast Guard Headquarters building on 1900 Half Street S.W., Washington, DC, is a controlled access building. Prior arrangements for access must be made by contacting the Contract Specialist, Ms. Jennifer Sokolower 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 an amendment or 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 120 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 17 Dec 2010 to 07 Jan 2011, with Government answers/responses posted as soon as is feasibly possible the following week. Questions shall be submitted to the POC via email at CG-9123BoatBuy@uscg.mil. No questions shall be accepted after 07 Jan 2011 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 mailto:CG-9123BoatBuy@uscg.mil

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:

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 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 four (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 four (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 10001), 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.

The following evaluation factors shall be used to evaluate offers: (a) Mission Effectiveness, (b) Supportability, (c) Relevant Past Performance, and (d) 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 10001, 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 10001. Each of the boats will be delivered to the following address:

Combatant Craft Division 1052 Pocahontas Street Naval Station Norfolk Bldg V-47 Norfolk, VA 23511

EVALUATION FACTORS:

The Government will evaluate the proposals against the following three (3) factors:

a. Mission Effectiveness:

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.

Offerors proposals will be evaluated on their ability to provide a technical solution that meets, or exceeds the threshold requirements set forth in the specification and Statement of Work;

provides the most mission-capable product in terms of design, performance and features; and demonstrates the most effective program management strategy for ensuring scheduling, production, and quality objectives are achieved throughout the performance period.

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.

b. Supportability:

Offerors’ proposals will be evaluated on their ability to provide a solution that demonstrates mission-critical logistics capabilities associated with the technical product can be achieved;

supportability requirements can be achieved with minimal risk; product support (including warranty management) requirements can be achieved and maintained over the course of the product service life; and all facets of logistics and supportability management can be executed commensurate with the Offeror’s technical solution.

c. 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. A lack of any relevant past performance information will be treated by the Government as a ―neutral‖ under this factor.

d. Price:

The Offeror’s proposal shall be submitted on a firm-fixed price basis.

Offerors shall provide pricing in accordance with the schedule (SF 1449) and the attached Pricing Worksheets (Attachment 2). The information contained in the schedule shall be the total contract price. Quantity discounts on the boat are highly encouraged and should be identified and explained in the Volume II Narrative. If discounts are offered, the Government will evaluate them as part of the total evaluated price. The evaluated contract price for the total number of boats will be determined using the Government's optimal ordering quantity anticipated for that period multiplied by the mid-point weighted average in Attachment 2. The discounts will become part of the contract. The Pricing Worksheets will be used by the Government to evaluate the proposed prices for completeness, realism, and reasonableness.

Evaluation will be based upon the receipt of competitive offers, comparison to published commercial and historical prices, and to the Independent Government Cost Estimate (IGCE).

Offerors are encouraged to provide their most favored customer pricing and discounts, based upon the Government’s production quantity breaks, with their initial proposal.

Offerors’ pricing will be assessed to determine if it is reasonable and realistic for the work to be performed; reflects a clear understanding of the Government’s requirements; and is consistent with the complexity of the technical solution offered.

BASIS FOR AWARD:

Basis for award shall be to the responsible Offerors whose proposal offers the best value to the Government based on the guidance at FAR 15.101, Best Value Continuum and the guidance for evaluation of Commercial Items at 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) Mission Effectiveness, (2) Supportability, (3) Relevant Past Performance, and (4) Price. All non-price factors are in descending order of importance and, when combined, are approximately equal to Price. As the technical proposals become closer in quality, price increases in relative importance.

The technical evaluation will be attained through a determination and analysis of strengths, weaknesses, significant weaknesses, and deficiencies. Risk will be accomplished and included in the final evaluation of each factor and will not be evaluated as a separate factor. Risk is an overall assessment derived from the evaluation, and is inclusive, of each evaluation factor of an Offeror’s proposed approach as it relates to accomplishing the requirements in the solicitation;

as well as how it relates to an Offeror’s present and past work record affecting the likelihood of successful performance as set forth in their proposal. 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 (4) 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.

Although the Government intends to award up to four (4) contracts, this is not considered a multiple-award procurement in accordance with FAR 16.505(b) because the Government intends to down select to a single contract. Therefore, the fair opportunity rule does not apply.

Phase Two:

a. Upon acceptance of the boats from the initial awardees, the USCG will complete the down-select process by conducting tests 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 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 (1) 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 (1) boat acquired. No further orders will be issued under the remaining contracts.

(b) Notice of Award. 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 (OCT 2010)

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 (o) 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

(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 http://orca.bpn.gov/ http://uscode.house.gov/ http://uscode.house.gov/ 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 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 (o) 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 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 http://orca.bpn.gov/ https://www.acquisition.gov/far/current/html/Subpart%204_12.html#wp1073667 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is, o 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 o 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:____________________________________

(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 o is, o 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 clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and…