RFQ_Solicitation_Number_HSCG40-17-Q-40219.pdf

Solicitation Number

HSCG40-17-Q-40219

ABB Turbocharger

COMBINED SYNOPSIS/ SOLICITATION NUMBER

ABB TURBOCHARGER

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. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

This solicitation number is HSCG40-17-Q-40129 is issued as 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. The North American

Industry Classification System (NAICS) Code is 333618, Other Engine Equipment

Manufacturing, http://www.census.gov/eos/www/naics/.

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, Schedule of Supplies.

DESCRIPTION OF THE REQUIREMENT

The contractor shall provide all personnel, labor, materials, parts, tools, test equipment, test fittings, supplies, consumables, equipment and other such things to accomplish the following:

conduct inspections, compile and submit reports, calibrations, disassembly and assembly, overhauls, and tests (pre-operational and operational), packaging, ship FOB Destination the ABB

Turbochargers and Cartridges throughout the contract base period and any option periods exercised, in accordance with R-233-2023, Overhaul and Purchase Specification for ABB

Turbochargers and Cartridges Used on 225 Ft WLB Coast Guard Vessels, See Attachment 2.

The Coast Guard has determined, consistent with FAR Subpart 13.501(a) (1) (ii)- Brand Name

Justification, there is only one brand name that will satisfy the agency requirement. The statutory authority permitting only a Limited Number of Sources, and no other supplies or services will satisfy is10 U.S.C. 2304(c)(1) and (c)(5), and 41 U.S.C. 1901 as implemented as FAR Part 13.5

Simplified Procedures for Certain Commercial Items. The Original Equipment Manufacturer

(OEM) is ABB Turbochargers. Technical data necessary for performance is proprietary to the

OEM. Justification for the Limited Number of Sources is attached as Attachment 3. OEM equipment and parts must be used in order to ensure operability and proper warranty of the items listed below in Attachment 1- Section B, Schedule for Services and Supplies.

However, other potential sources with the expertise and required capabilities to provide these parts can submit such data discussing the same in duplicate within 2 days from the date of this announcement. This data must include sufficient information to allow the Coast Guard to evaluate the proposal relative to the below requirements. Concerns that respond to this notice must fully demonstrate the capability to accomplish the below and are to supply pertinent information in sufficient detail to demonstrate a bona fide capability to meet the requirement.

http://www.census.gov/eos/www/naics/

CONTRACT TYPE

The USCG, Surface Forces Logistics Center (SFLC) contemplates award of a Firm Fixed-Price

(FFP) Indefinite Delivery Indefinite Quantity (ID/IQ) Contract resulting from this solicitation.

Under this contract, the Coast Guard will issue Task orders.

Minimum Guarantee: The minimum guarantee for IDIQ contract issued against this solicitation is

$15,000.00 applicable to the Base Year only.

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 July 21, 2017 at

1:00PM EDT, 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.

QUOTATION DUE DATE

Quotations must arrive no later than 1:00 p.m. EDT, 31 July, 2017. Quotations may be sent via electronic mail (e-mail) to Micha.A.Wisniewski@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.

(b) If parts are to be shipped to the U.S. Coast Guard, Surface Force Logistics Center, Warehouse the addressed is provided below:

U.S. Coast Guard Surface Forces Logistics Center mailto:Micha.A.Wisniewski@uscg.mil

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.

(c) At times, parts may be required to be direct delivered to a Coast Guard Cutter’s homeport.

If so, the delivery address will be provided at the time of order

Regardless of the place of delivery, inspection will occur at the offerors facility prior to delivery.

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 INCORPORATED 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 52.212-4 Contract Terms and Conditions- Commercial Items

(Addendum below) JAN 2017

FAR 52.215-20 Requirements for Certified Cost or Pricing Data

Other Than Certified Cost or Pricing Data OCT 2010

FAR 52.217-5 Evaluation of Options JUL 1990

FAR 52.217-7 Option for Increased Quantity—Separately Priced

Line Item MAR 1989

FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors DEC 2013

FAR 52.242-15 Stop Work Order AUG 1989

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

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

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.

(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 https://www.acquisition.gov/far/current/html/52_207_211.html#wp1144964 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□ 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 52.211-8 TIME OF DELIVERY (JUN 1997)

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

See Attachment 1, Schedule of Supplies & Delivery Schedule https://www.acquisition.gov/

REQUIRED DELIVERY SCHEDULE

CLINs DESCRIPTION

EST.

QTY/UNIT

WITHIN DAYS AFTER

DATE OF

CONTRACT/TASK

ORDER

0001-

Material Test & Inspection Report for turbocharger NSN 2950-01-421-4390 in accordance with specification R-233-2023

As required 21 Calendar days after receipt

0001a-

4001a

Delivery of overhauled turbocharger NSN

2950-01-421-4390, inspected, preserved, packaged and marked in accordance with specification R-233-2023

As required 30 Calendar days after final approval of CLIN 0001.

0001b-

4001b

For Beyond Economical Repair Items:

Submit completed Standard Form 1424 (SF-

1424) to the Contracting Officer

As required 7 Calendar days after approval to scrap material at

Contractor’s facility.

0002-

Option to purchase new NSN 2950-01-421-

4390 if turbocharger is deemed beyond economical repair, in accordance with R-233-

As required 14 Calendar days after order placement.

0003-

Material Test & Inspection Report for turbo cartridge NSN 2990-01-467-2076 in accordance with specification R-233-2023

As required 21 Calendar days after receipt

0003a-

4003a

Delivery of overhauled turbo cartridge NSN

2950-01-467-2076, inspected, preserved, packaged and marked in accordance with specification R-233-2023

As required 30 Calendar days after final approval of CLIN 0001.

0003ab4

003ab

For Beyond Economical Repair Items:

Submit completed Standard Form 1424 (SF-

1424) to the Contracting Officer

As required 7 Calendar days after approval to scrap material at

Contractor’s facility.

0004-

Option to purchase new NSN 2990-01-467-

2076 if turbo cartridge is deemed beyond economical repair, in accordance with R-233-

As required 14 Calendar days after order placement.

**NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED**

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

0001-

Material Test & Inspection Report for turbocharger NSN 2950-01-421-4390 in accordance with specification R-233-2023 As required

____Calendar days after receipt 0001a-

4001a

Delivery of overhauled turbocharger

NSN 2950-01-421-4390, inspected, preserved, packaged and marked in accordance with specification R-233-2023 As required

____ Calendar days after final approval of CLIN

0001.

0001b-

4001b

For Beyond Economical Repair Items:

Submit completed Standard Form 1424

(SF-1424) to the Contracting Officer

As required

____Calendar days after approval to scrap material at Contractor’s facility.

0002-

Option to purchase new NSN 2950-01-

421-4390 if turbocharger is deemed beyond economical repair, in accordance with R-233-2023 As required

____Calendar days after order placement.

0003-

Material Test & Inspection Report for turbo cartridge NSN 2990-01-467-2076 in accordance with specification R-233-

2023 As required

____Calendar days after receipt 0003a-

4003a

Delivery of overhauled turbo cartridge

NSN 2950-01-467-2076, inspected, preserved, packaged and marked in accordance with specification R-233-2023 As required

____Calendar days after final approval of CLIN

0001.

0003ab-

4003ab

For Beyond Economical Repair Items:

Submit completed Standard Form 1424

(SF-1424) to the Contracting Officer

As required

____Calendar days after approval to scrap material at Contractor’s facility.

0004-

Option to purchase new NSN 2990-01-

467-2076 if turbo cartridge is deemed beyond economical repair, in accordance with R-233-2023 As required

____Calendar days after order placement.

(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.

(End of Clause)

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

Individual email submissions shall not exceed 10 MBs each. Subsequent revisions should be similarly identified to show revision number and date. All pages in the quote shall be numbered and identified with the quote’s name and RFQ Number HSCG40-17-Q-40129.

Offerors responding to this solicitation may submit their offer in accordance with their standard commercial practices (e.g. on company letterheads, formal quote form, etc.) but must include the following information:

At a minimum, quotes shall be submitted on company letterhead and include the following information: (Maximum of 10MB)

1) Complete mailing and remittance addresses

2) Point of Contact with Telephone Number and Email address

3) Company DUNS

4) Taxpayer ID number

5) Cage Code

6) Discounts for prompt payment, if applicable

7) Completed Schedule of Supplies & Delivery Schedule (Attachment 1)

8) Delivery Schedule (if proposing delivery schedule different than what is specified in FAR

52.211-8; included on Attachment 1)

9) Warranty Information – Terms of Manufacturer’s Warranty

10) Completed FAR 52.212-3, Offeror Representations and Certifications -Commercial Items

11) Acknowledgment of Solicitation Amendments, if applicable

12) Past Performance

EVALUATION FACTORS

I Technical

II 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:

Factor 1: Technical Capability of the item(s) offered to meet the Government requirement.

Offeror shall provide documentation that they possess or are able to legally obtain the

OEM drawings.

Offeror maintains, and has available for review, an inspection system which shall ensure that each item offered for acceptance or approval conforms to the contract requirements.

The inspection system shall be in accordance with ANSI/ASQ A9001-2015.

Factor 2- Delivery schedule- The offeror shall describe their ability to meet the proposed delivery schedule in accordance with FAR 52.211-8 or propose a different delivery schedule that meets the requirements of this solicitation.

Factor 3- Past Performance- The offeror shall identify at least two (2) but no more than four (4) relevant 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, that demonstrated successful experience providing the items listed in Attachment 1 and meeting the requirements of

Attachment 2. Offerors are authorized to provide information on problems encountered on the identified contracts and the offerors corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror past performance. Offeror shall submit past performance information on Attachment 5- Past

Performance Information Form.

FACTOR II- PRICE

Complete Attachment 1 with prices for all Contract Line Item Number (CLIN). The offeror's

Price quotations will be evaluated by CLIN level and the offerors with the lowest overall Price will be ranked accordingly. The Quote should include any quantity discounts offered by the offeror.

QUOTE EXPIRATION DATE: All quotes submitted in response to this solicitation shall be valid for 120 calendar days from the date specified for the receipt of quotes.

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.

The following factors shall be used to evaluate offers:

(a) The Government will award a single or multiple contract resulting from this solicitation to the responsible offeror or offerors whose offer(s) conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(b) This acquisition will utilize the Lowest Priced Technically Acceptable (LPTA) procedure to make a best value award(s). A decision on the technical acceptability of each offeror’s quotes will be made. For those offerors which are determined to be technically acceptable, award will be made to the vendor(s) with the lowest overall price. The Government intends to make award(s) based on the initial quotations. If further questions are required, the contracting officer may contact the offeror or offerors. Award(s) will be made to the responsible offeror whose quotation conforms to all solicitation requirements, such as terms and conditions, representations and certifications, technical requirements, and also provides the best value to the Government based on the results of the evaluation described in the below paragraph.

The following factors shall be used to evaluate offers:

Factor I – Technical

Factor II– Price

Technical has three factors that are equally important when compared to each other.

FACTOR I- TECHNICAL

Each offeror’s technical quote will be evaluated to determine if the offeror provides a sound, compliant approach that meets the requirements and demonstrates a thorough knowledge and understanding of those requirements.

An evaluation rating of Technically Acceptable / Non-Acceptable will be assigned upon completion of the technical quote evaluation. If an Offeror receives a technical rating of “Non-

Acceptable” they will not be considered for award.

RATING SYSTEM FOR TECHNICAL EVALUATION FACTORS

Rating Description

Acceptable Quote clearly meets the minimum requirements of the solicitation, as evidenced by all of the following: 1) documentation of possession of

OEM drawings OR documentation of the ability to legally obtain the

OEM drawings; 2) offeror maintains, and has available for review, an inspection system in accordance with ANSI/ASQ A9001-2015; 3) affirmative acceptance of delivery schedule OR proposed a delivery schedule that meets the requirements of this solicitation; and 4) relevant past performance demonstrating the offeror’s ability to successfully perform the required effort OR no past performance history exists OR the

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

Non-Acceptable Quote fails to meet requirements of the solicitation in any way to include any one or more of the following: 1) the absence of documentation of possession of OEM drawings OR the absence of documentation of the ability to legally obtain the OEM drawings; 2) lack of proof that the offeror maintains, and has available for review, an inspection system in accordance with ANSI/ASQ A9001-2015; 3) failure to accept the solicitation’s delivery schedule or to propose a delivery schedule that meets the needs of the requirement; and 4) past performance that provides substantial doubt that the offeror will successfully perform the required effort.

The Government will evaluate Factor 1: Technical Capability of the item(s) offered to meet the

Government requirement and determine whether the quote is acceptable or unacceptable. To be found technically acceptable under factor 1, an offeror must include all of the following in its

Technical Proposal:

Offeror shall provide documentation that they possess or are able to legally obtain the

OEM drawings.

Offeror shall describe how they maintain, and has available for review, an inspection system which shall ensure that each item offered for acceptance or approval conforms to the contract requirements. The inspection system shall be in accordance with ANSI/ASQ

A9001-2015.

The Government will evaluate Factor 2: Delivery schedule and determine whether the quote is acceptable or unacceptable. To be found technically acceptable under factor 2, an offeror shall describe their ability to meet the proposed delivery schedule in accordance with FAR 52.211-8 or propose a different delivery schedule that meets the requirements of this solicitation.

The Government will evaluate Factor 3: Past Performance to determine whether the quote is acceptable or unacceptable.- The Government will review the 2-4 past performance references submitted with the quote on Attachment 5- Past Performance Information Form, as well as

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

References other than those provided by the Offeror may be used by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization. A quote will be deemed technically acceptable for the factor of past performance if the relevant past performance demonstrates the offeror’s ability to successfully perform the requirements of solicitation.

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 and the past performance factor will be treated as technically acceptable.

Consistent with FAR 15.306(a) & (b), offerors may provide information on adverse past performance information to which the offeror has not previously had an opportunity to comment.

FACTOR I –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 & Delivery Schedule) 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.

If adequate price competition is not obtained or if price reasonableness cannot be determined using price analysis of Government-obtained information, additional information in accordance with FAR 15.4 may be required to support the proposed price. 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.

QUOTE EXPIRATION DATE: All quotes submitted in response to this solicitation shall be valid for 120 calendar days from the date specified for the receipt of quotes.

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.

“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 https://www.sam.gov/portal 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;

(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– https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces http://uscode.house.gov/

(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).

“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.

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

(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.

“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— https://www.acquisition.gov/sites/default/files/current/far/html/www.osha.gov/dcsp/osp/approved_state_plans.html

(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 authority to regulate or prohibit pursuant to section 203(b)(3) of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“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.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— http://uscode.house.gov/ 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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States;

and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), 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.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL

Guidance”,…