RFQ_HSCG40-17-Q-40001_THRUSTER_MOTOR.pdf

COMBINED SYNOPSIS/ SOLICITATION

This is a combined synopsis/ solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested and a written solicitation will not be issued.

This solicitation is a request for quotations (RFQ). This solicitation document and incorporated clauses and provisions are those in effect through Federal Acquisition

Circular (FAC) 2005-95, dated January 19, 2017. This requirement is being solicited as total small business set aside using FAR Part 12 Acquisition of Commercial Items and

FAR 13.5 Simplified Procedures for Certain Commercial Items. The North American

Industry Classification System (NAICS) Code is 335312- Motor and Generator

Manufacturing, with a small business size standard of 1,250 employees. The solicitation number is HSCG40-17-Q-40001.

SCHEDULE OF SUPPLIES/SERVICES

A full list of contract line item numbers (CLINs), quantities and units of measure, including options, can be found in See Attachment 1.

DESCRIPTION OF THE REQUIREMENT

The contractor shall provide all personnel, equipment, labor and materials necessary to manufacture, test, inspect, preserve, package, pack, mark, bar-code and ship FOB

Destination the replacement 550 Horsepower (HP) Direct Current (DC) Thruster Motor for the 225 foot Coastal Buoy Tender (WLB). See Attachment 2.

CONTRACT TYPE

The USCG, Surface Forces Logistics Center (SFLC) intends to award a single firm fixed-price, requirements contract. Under this contract, the USCG will issue delivery orders to the contractor. Delivery orders may be issued by e-mail.

PERIOD OF PERFORMANCE

The performance period for this requirement includes one (1) base year and four (4) option years. The base period of this requirements contract will begin on the date of award and continue for twelve months thereafter. The first year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base year. The second year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option period. The third year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year.

PLACE OF PERFORMANCE

Contractor’s facility.

QUESTIONS

It is strongly encouraged to submit questions regarding this solicitation by April 12, 2017 at 1:00PM EST, Attachment 4 Request for Clarification (RFC). After this date further requests may not be accepted due to time constraints. For questions regarding this solicitation, contact Micha.A.Wisniewski@uscg.mil AND

Travis.A.Spires@uscg.mil.

QUOTATION DUE DATE

Quotations must arrive no later than 10:00 a.m. EST, April 28, 2017. Quotations may be sent via electronic mail (e-mail) to Micha.A.Wisniewski@uscg.mil and

Travis.A.Spires@uscg.mil.

PLACE OF DELIVERY – DESTINATION

Upon receipt of authorization from the Contracting Officer to ship the items, all items shall be shipped F.O.B. Destination.

(a) Destination delivery addresses will be provided on each individually funded delivery order. At times, parts may be required to be direct delivered to a Coast Guard Cutter’s homeport, or shipped to the U.S. Coast Guard, Surface Force Logistics Center, Warehouse (address provided below):

U.S. Coast Guard Surface Forces Logistics Center

Contracting and Procurement Branch 2

2401 Hawkins Point Rd

Receiving Room, Bldg. 88

Baltimore MD, 21226-5000

M/F: Contract Number/Delivery Order Number: {To be furnished at the time of award}

Deliveries are accepted M-F, 7:00 a.m. – 1:00 p.m., EST.

Inspection will occur at the offerors facility. These items require 100% quality assurance inspection at the offerors location. Acceptance and authorization to ship will be provided by the Contracting Officer or authorized representative.

FAR CLAUSES IN BY REFERENCE

FAR 52.204-7 System for Award Management APR 2014

FAR 52.204-13 System for Award Management Maintenance JUL 2013

FAR 52.212-1 Instruction to Offerors- Commercial Items

(Addendum below) JAN 2017

FAR 52.215-20 Requirements for Certified Cost or Pricing Data OCT 2010

FAR 52.217-5 Evaluation of Options JUL 1990

Data Other Than Certified Cost or Pricing Data OCT 2010 mailto:Micha.A.Wisniewski@uscg.mil mailto:Charles.D.Kane@uscg.mil mailto:Micha.A.Wisniewski@uscg.mil

FAR 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

FAR 52.212-4 Contract Terms and Conditions- Commercial Items

(Addendum below) JAN 2017

FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors DEC 2013

FAR 52.246-2 Inspection of Supplies – Fixed Price AUG 1996

FAR 52.242-15 Stop Work Order AUG 1989

FAR 52.246-17 Warranty of Supplies of a Noncomplex Nature JUN 2003

FAR 52.247-34 F.O.B. Destination NOV 1991

FAR CLAUSES IN FULL TEXT

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DHS-USCG DEVIATION 14-01)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for

Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY

2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

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

52.209-3 FIRST ARTICLE APPROVAL—CONTRACTOR TESTING (SEPT 1989)

(a) The Contractor shall test 01 Thruster Motor as specified in this contract. At least 10 calendar days before the beginning of first article tests, the Contractor shall notify the

Contracting Officer, in writing, of the time and location of the testing so that the

Government may witness the tests.

(b) The Contractor shall submit the first article test report within 30 calendar days after completion of testing to the Contracting Officer marked “First Article Test Report:

Contract No. HSCG40-17-D-40001” Within 14 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the

Contractor, including any and all costs for additional tests following a disapproval. The

Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The

Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article report on time, or the Contracting

Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the

Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT

2015)

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

(B) Have □ have not □, 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ 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 □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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.

https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144964

(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□ has not □ , 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 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 nonresponsible.

(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.

(End of provision)

FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(JUL 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange

Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee

Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a

Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

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

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

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

or

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

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the

Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

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

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

(End of Provision)

FAR 52.211-3 AVAILABILITY OF SPECIFICATIONS NOT LISTED IN THE

GSA INDEX OF FEDERAL SPECIFICATIONS AND STANDARDS AND

COMMERCIAL ITEMS DESCRIPTIONS (JUN 1988)

Orders for U.S. Coast Guard specification reference drawings must be placed within 10 days of the solicitation issue date. To request drawings, contact the Contract Specialist listed herein. All requests should identify the solicitation number. U.S. Coast Guard specification reference drawings are available in CD-ROM format and are provided free of charge. The CD-ROM(s) contain WINDOWS compliant raster/vector formats (e.g.

*.TIF, *.TIF (group4), *.DWG, and *.DWF, etc.).

Drawing measurements should be verified by the Contractor prior to ordering materials.

https://www.acquisition.gov/

Company must be listed in the Defense Logistics Agency Joint Certification

Program database in order to receive drawing. Joint Certification Program (JCP) is located at https://www.dlis.dla.mil/jcp/

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

CLINs DESCRIPTION

EST.

QTY/UNIT

WITHIN DAYS AFTER

DATE OF

CONTRACT/DELIVERY

ORDER

Manufacture First Article

Thruster Motor in accordance with the Specification for the

Procurement of 550HP DC

Thruster Motors for 225' WLB

("Specification"), Sections 1 through 3.

01 EA

180 days after issuance of delivery order

0001a

First Article Testing of

Thruster Motor, witnessed by

Coast Guard Quality Assurance

Representative, in accordance with Specification, Section 4.0.

01 EA

195 days after issuance of delivery order

0001b

FOB DESTINATION PPP&M

First Article Thruster Motor

01 EA

30 days after approval of first article testing

0002-

Thruster Motor, manufactured, tested, inspected, packed, preserved, packaged and marked and shipped FOB

Destination in accordance with the Specification

07 Base Year

08 Each Option

Year

180 days after issuance of delivery order

0003-

Technical Representative

Services, To be provided by the

Contractor, at the request of the

Contracting Officer As required

2 days after issuance of delivery order

0004-

Failure Analysis, Contractor shall provide a failure analysis, for any Thruster Motor, at the request of the Contracting

Officer As required

30 days after issuance of delivery order

**NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED**

https://www.dlis.dla.mil/jcp/

The Government will evaluate quotes that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the required delivery period specified above may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

CLINs DESCRIPTION

EST.

QTY/UNIT

WITHIN DAYS

AFTER DATE OF

CONTRACT

Manufacture First Article

Thruster Motor in accordance with the Specification for the

Procurement of 550HP DC

Thruster Motors for 225' WLB

("Specification"), Sections 1 through 3.

As required

_____days after issuance of delivery order

0001AA

First Article Testing of Thruster

Motor, witnessed by Coast

Guard Quality Assurance

Representative, in accordance with Specification, Section 4.0.

As required _____days after issuance of delivery order

0001AB

FOB DESTINATION P

_PP&M First Article Thruster

Motor

As required _____days after issuance of delivery order

0002-

Thruster Motor, manufactured, tested, inspected, packed, preserved, packaged and marked and shipped FOB Destination in accordance with the

Specification. As required

_____days after issuance of delivery order

0003-

40003 Extended Warranty As required

_____days after issuance of delivery order

0004-

Technical Representative

Services, To be provided by the

Contractor, at the request of the

Contracting Officer As required

_____days after issuance of delivery order

0005-

Failure Analysis, Contractor shall provide a failure analysis, for any Thruster Motor, at the As required

_____days after issuance of delivery order request of the Contracting

Officer,

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated.

Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.

FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN

2017) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY

REFERENCE. (ADDENDUM)

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

Quote Submission Requirements: Submit complete quotes via email to:

Micha.A.Wisniewski@uscg.mil AND Travis.A.Spires@uscg.mil. Individual email submissions shall not exceed 10 MBs each.

Offerors are required to submit quotes as follows:

Volume I Technical (Maximum of 10MB)

1) Technical Quote

2) Delivery Schedule

3) Warranty Information – Terms of Extended Manufacturer’s Warranty

Volume II- Past Performance (Maximum of 10MB)

1) Past Performance

Volume III Administrative/Price (Maximum of 10MB)

At a minimum, quotations must include:

1) Cover Letter with offeror’s address, DUNS/ cage code

2) Completed Schedule of Supplies and Prices (Attachment 1) mailto:Micha.A.Wisniewski@uscg.mil mailto:Travis.A.Spires@uscg.mil

3) Acknowledgment of Amendments, if applicable

4) Completed FAR 52.212-3, Offeror Representations and Certifications-

Commercial Items

Individual email submissions shall not exceed 10 MBs each.

EVALUATION FACTORS

I Technical

II Past Performance

III Price

FACTOR I- TECHNICAL

The Offeror shall provide a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification, as detailed below. In each case, the following areas shall be addressed:

Sub-Factor 1: Technical Capability: The offeror shall detail that the item proposed meets thruster motor parameter requirements as described in Attachment 2 to include a Technical Plan that will detail the capability of your organization to manufacture and delivery the item. The Offeror shall complete the Capability Compliance Check sheet (Attachment 6). If any item does not meet the requirement, describe proposed alternate solution(s) for that requirement in the “Remarks” Column.

Sub-Factor 2- Delivery schedule- The offeror shall describe their process to meet the proposed delivery schedule in accordance with FAR 52.211-8.

Sub-Factor 3- Warranty information- The offeror shall describe their warranty terms and conditions to replace those terms stated in FAR

52.212-4 Contract Terms and Conditions- Commercial Items (JAN 2017) .

Sub-Factor 4: Future Support and Sustainability- The offeror shall describe its capability to support the offered thruster motor for the expected life of the cutter (approximately 25,000 operating hours). The offeror shall provide a narrative of how the motors will be supported and sustained in the future. Include capability to factory-overhaul any prematurely failed motors, availability of spare parts, ability to mobilize on-site field representatives for troubleshooting, and anticipated frequency of engineering modifications.

FACTOR II- PAST PERFORMANCE

The offeror shall identify at least two (2) but no more than four (4) relevant (in terms of and recent federal, state or local government or private contracts performed during the last three (3) years with similar scope and size when compared to this project. Offeror shall submit past performance information on Attachment 3- Past Performance

Information Form.

FACTOR III- PRICE

Complete Attachment 1 with prices for all CLINs.

**NOTE**The Quote should include any quantity discounts offered by the offeror.

Provide a listing by subcontractor with the following information:

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

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

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

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

(End of Provision)

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

(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:

Factor I – Technical

Factor II – Past Performance

Factor III– Price

Technical has four sub-factors that are equally important when compared to each other.

Technical and past performance factors are considered equally important and when combined, are approximately equal to price.

FACTOR I- TECHNICAL

Each Technical sub-factor will be evaluated and assigned a rating of Superior, Good, Satisfactory, Marginal or Unsatisfactory. Any sub-factor rating of Unsatisfactory will result in an overall Technical factor rating of Unsatisfactory. Rating descriptions are provided in the charts below.

RATING SYSTEM FOR TECHNICAL EVALUATION FACTORS

Rating Description

Superior

(Maximum

Rating)

Proposal demonstrates an excellent understanding of the requirements and an approach that significantly exceeds performance or capability standards. Proposal has exceptional strengths that will significantly benefit the Government and risk of unsuccessful performance is very low.

Good Proposal demonstrates a good understanding of the requirements and an approach that exceeds performance or capability standards. Proposal has one or more strengths that will benefit the Government and risk of unsuccessful performance is low.

Satisfactory Proposal demonstrates an understanding of the requirements and an approach that meets performance or capability standards. Proposal presents an acceptable solution with few or no strengths and risk of unsuccessful performance is moderate.

Marginal Proposal demonstrates a shallow understanding of the requirements and an approach that only marginally meets performance or capability standards necessary for minimal but acceptable contract performance.

The risk of unsuccessful performance is high.

Unsatisfactory Proposal fails to meet requirements and one or more deficiencies exist for which correction would require a major revision or redirection of the proposal. A contract cannot be awarded with this proposal.

Sub-Factor 1: Technical Capability: This subfactor evaluates that the item proposed meets thruster motor parameter requirements as described in Attachment 2. This will be evaluated by reviewing the Capability Compliance Check sheet (Attachment 6) for completeness and content.

Sub-Factor 2- Delivery schedule- The subfactor evaluates the offerors process to meet the proposed delivery schedule in accordance with FAR 52.211-8.

Sub-Factor 3- Warranty information- This subfactor evaluates the warranty terms and conditions and how well they meet the agency’s needs.

Sub-Factor 4: Future Support and Sustainability- Thi ssubfactor evaluates the offeror’s capability to support the offered thruster motor for the expected life of the cutter

(approximately 25,000 operating hours) including capability to factory-overhaul any prematurely failed motors, availability of spare parts, ability to mobilize on-site field representatives for troubleshooting, and anticipated frequency of engineering modifications.

FACTOR II: PAST PERFORMANCE

Quotations shall list at least two (2) and no more than four (4) recent and relevant contracts completed within the last three (3) years (see Attachment 3) from the posting date of this solicitation as evidence of experience successfully manufacturing and shipping the parts listed in Attachment 1, Schedule of Supplies and Price.

Contracts listed may include those entered into by the Federal Government, agencies of state and local governments, foreign governments and commercial customers.

References other than those provided by the vendor may be contacted by the Government to obtain additional information that shall be used in the evaluation of the vendor’s past performance.

Each offerors past performance will be evaluated according to the following factors:

PAST PERFORMANCE QUALITY RATINGS

Rating Description

Exceptional Performance met contractual requirements and exceeded many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

Very Good Performance meets contractual requirements and exceeds some to the Government's benefit. The element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The element being assessed contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory

Marginal Performance does not meet some contractual requirements. The element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The element being assessed contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

Neutral The offeror has no past performance history OR the Contracting

Officer has determined that the past performance information provided is not directly related or similar to the requirements in the RFQ.

In evaluating offerors past performance, the government intends to review Contractor

Performance Assessment Reports (CPARS) and other existing past performance rating on relevant contracts. General trends in an offerors performance will also be considered.

The offerors shall include past performance information for any teaming partners to be utilized during performance and must be relevant to the scope of work they may perform under the Requirements Contract resulting from this solicitation.

References other than those provided by the Offeror may be provided by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization. In the event that more than four past performance reports are available for contracts that are relevant, recent and otherwise meet all stated requirements, then the Government will consider only the four reports that are most recent in time.

Offerors lacking relevant past performance history will receive a Neutral Rating for past performance. The offeror will be evaluated neither favorably nor unfavorably on past performance.

FACTOR III –PRICE

The price shall represent the best price in response to the request for quote. The price shall be evaluated to determine fairness and reasonableness. Vendors are required to provide prices for all items/CLINs for the Base and all Option years. All prices on

CLINs (Attachment I Schedule of Supplies and Delivery) shall be firm fixed-price with the cost of packaging, marking and bar-coding along with shipping, F.O.B.

Destination, included in the cost of the parts. The total of all CLINs will be added together to arrive at an aggregate total.

The Government intends to evaluate quotations and award a contract without discussions.

Therefore, the initial quotation should contain the vendor’s best terms from a cost standpoint and all other factors being considered. The Government reserves the right to seek information clarifying any element of a quotation prior to award without discussions. The Government reserves the right to conduct discussions if the Contracting

Officer later determines it necessary.

(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 vendor 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.

BASIS FOR AWARD

The Government will award one (1) Requirements contract to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The evaluation of quotes submitted in response to this solicitation shall be conducted on a source selection basis and may utilize a "tradeoff" process to obtain the best value to the Government. As part of the tradeoff determination, the relative strengths, weaknesses and risks of each quote shall be considered in selecting the offer that is most advantageous and represents the best overall value to the

Government. A trade off may be made between cost and non-cost factors permitting acceptance of other than the lowest price offer. In determining best value, past performance is of equal importance to technical, and all non-price factors, taken together, are approximately equal to price. However, the closer the ratings are for non-price factors amongst competing offerors, the greater the importance of price will become making the award determination. In the event that two or more technical and past performance ratings are determined equivalent between offerors, award may be made to the lower priced offeror.

NOTICE OF PREAWARD SURVEY

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

(a) performance plans

(b) quality assurance and control plans

(c) Personnel recruitment and training plans

(d) workload factor for manpower utilization

(e) management plan for handling peak workloads

(f) production capability.

(g) plant facilities, equipment, and labor resources

(h) purchasing and subcontracting

(i) performance record and ability to meet delivery schedules.

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

(End of Provision)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS –

COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for

Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

https://www.sam.gov/portal

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled:

“Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL

Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The

DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health

Administration), the Equal Employment Opportunity Commission, the Occupational

Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon

Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for

Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the

Vietnam Era Veterans’ Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act;

and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) 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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the

Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for

Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent

State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes

(PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the

Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign

Assets Control in the Department of the Treasury, or are expressly exempted under

Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the…