SOLICITATION_HSCG40-17-Q-53009.pdf

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement is being procured using procedures prescribed in FAR Part 12, and FAR Subpart 13.5.

Informal Forum with the Ombudsman. Interested parties who believe a specific

USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the

Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the

Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the

Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

(ii) The solicitation number is HSCG40-17-Q-53009; this solicitation is issued as a request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, effective 19 Jan 2017.

(iv) This is a total small business set aside; the associated NAICS code is 333618. The small business size standard is 1500 employees. The size standard for this acquisition is based on the average annual receipts or the average employment numbers of a firm in this industry.

https://acquisition.gov/far/current/html/Subpart%2012_6.html#wp1088488 https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

(v) Due to the size, a list of contract line item numbers including items, estimated quantities and units of measure, (including options) are within Attachment A_ Contract

Line Items excel spreadsheet.

(vi) The United States Coast Guard (USCG), Surface Forces Logistics Center (SFLC), Small Boat Product Line (SBPL) has a need for the purchase various brand-name

American Honda Motor Co. Inc. engine parts. These parts support Honda engines, Models BF40, BF50, BFP60 BF90, BF130, BF150, BF200, and BF225. These engines are used on various U.S. Coast Guard platforms which include, but are not limited to

Response Boat-Small (RBS), Special Purpose Craft-Shallow Water (SPC-SW) boats and

Aids to Navigation Boats (TANB) and several other non-standard boat classes. This solicitation will establish a requirements contract with American Honda Motor CO. Inc.

or their Original Equipment Manufacturer (OEM) distributors. Delivery orders will be issued for parts as necessary. Additional descriptions of items associated with this solicitation are within Attachment B – Specification for Purchase of Honda Outboard

Engine Parts.

(vii) USCG requires delivery of all items on or before thirty (30)-days after the issuance of delivery order(s); priority-two orders are needed within in one (1) to two (2) days of delivery order issuance. All items will be delivered to United States Coast Guard, Surface Forces Logistics Center, 2401 Hawkins Point Rd., Building 88, Baltimore, MD

21226. The F.O.B. point for this acquisition is destination.

(viii) The provision at 52.212-1, Instructions to Offerors – Commercial (Jan 2017), applies to this acquisition.

(ix) The provision at 52.212-2, Evaluation – Commercial Items (Oct 2014), applies to this acquisition.

(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:

OEM distributor certification;

Price; and

Past Performance.

OEM distributor certification and past performance, when combined, is approximately equal when compared to price. OEM distributor certification is more important than past performance.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The

Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

(x) Offerors please include a completed copy of the provision at 52.212-3, Offeror

Representations and Certifications – Commercial Items (Jan 2017) with your offer.

Please be aware failure to provide a completed copy may result in elimination of quote due to nonconformance.

(xi) FAR clause at 52.212-4, Contract Terms and Conditions – Commercial Items (Jan

2017), applies to this acquisition.

(xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement

Statues or Executive Orders – Commercial Items (Jan 2017), applies to this acquisition.

The below FAR clauses cited in the clause are applicable to this acquisition:

(a) FAR52.203-6 Restrictions on Subcontractor Sales to the

Government. Alternative I (Sep 2006)

(b) FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards (Oct 2016)

(c) FAR 52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(Oct 2015)

(d) FAR 52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters (Jul 2013)

(e) FAR 52.219-8 Utilization of Small Business Concerns

(Nov 2016)

(f) FAR 52.219-28 Post Award Small Business Program

Representation (Jul 2013)

(g) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

(h) FAR 52.222-3 Convict Labor (Jun 2003)

(i) FAR 52.222-19 Child Labor – Cooperation with Authorities and

Remedies (Oct 2016)

(j) FAR 52.222-26 Equal Opportunity (Sep 2016)

(k) FAR 52.222-36 Equal Opportunity for Workers with Disabilities

(Jul 2014)

(l) FAR 52.222-37 Employment Reports on Veterans (Feb 2016)

(m) FAR 52.222-40 Notification of Employee Rights Under the

National Labor Relations Act (Dec 2010)

(n) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015)

(o) FAR 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving (Aug 2011)

(p) FAR 52.225-1 Buy American – Supplies (May 2014)

(q) FAR 52.225-13 Restrictions on Certain Foreign Purchases

(Jun 2008)

(r) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management (Jul 2013)

(xiii) The below contract requirements have been determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices and Federal, DHS, and Coast Guard regulations.

ORDERING PROCEDURES

(a) Orders may be placed by any warranted Contracting Officer employed by the United

States Coast Guard. The Contracting Officer’s Representative is not allowed to issue or sign orders for purchases. Order format is based on the fiscal year the order is issued in.

For example: A fiscal year 2017 order will be as follows – HSCG40-17-D-53009 17-

0001; all subsequent order within the fiscal year will be in sequential order i.e. 17-0002, 17-0003. A fiscal year 2017 order will be as follows – HSCG40-17-D-53009 17-0001.

(b) Orders placed against this contract will be issued unilaterally on form OF-347. Any order issued over the maximum ordering limits will be issued bi-laterally on form SF-

1449. All modifications to the contract and any order modifications will be issued on form SF-30.

INVOICING REQUIREMENTS

(a) All information set forth in FAR Clause 52.212-4 Contract Terms and Conditions –

Commercial Items must be included in an invoice for it to constitute a proper invoice.

(b) An original invoice shall be submitted to the following designated payment office:

All supplies ordered under the contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address:

U.S. Coast Guard Yard

P.O. Box 4122

Chesapeake, VA 23327-4122

M/F: Delivery Order / Task Order: ________________

All invoices must contain the following information to constitute a proper invoice:

(1) Name and address of Contractor

(2) Invoice date

(3) Contract Number

(4) Description, quantity, unit of measure, unit price and extended price

(5) Terms of any prompt payment discounts offered

(6) Dun & Bradstreet (DUNS) Number

(7) Federal Tax Identification Number

(8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s).

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The awarded Contractor is encouraged to assign an identification number to each invoice.

Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the

Contract Specialist and Contracting Officer clearly marked “Information only.”

For additional terms and conditions, please see Attachment B – Specification for

Purchase of Honda Outboard Engine Parts.

Below are additional provisions and clauses required by the FAR, CGAP, or

Department of Homeland Security necessary for this acquisition:

52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting

Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of provision)

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of clause)

Clauses and provisions incorporated by reference:

(a) FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights (Apr 2014)

(b) FAR 52.204-7, System for Award Management (Oct 2016)

(c) FAR 52.204-13, System for Award Management Maintenance (Oct 2016)

(d) FAR 52.204-18, Commercial & Government Entity Code Maintenance (Jul 2016)

(e) FAR 52.204-19, Incorporation by Reference of Representations and Certifications

(Dec 2014)

(f) FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—

Representation (Nov 2015)

(g) FAR 52.209-6, Protecting the Government’s Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

(h) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Jul 2013)

(i) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

(Nov 2015)

(j) FAR 52.217-5, Evaluation of Options (Jul 1990)

(k) FAR 52.217-6, Option for Increased Quantity (Mar 1989)

(l) FAR 52.217-8, Option to Extend Services (Nov 1999)

(m) FAR 52.219-14, Limitations on Subcontracting (Jan 2017)

(n) FAR 52.222-22, Previous Contracts and Compliance Reports (Feb 1999)

(o) FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certification (Oct 2015)

(p) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

(q) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)

(r) FAR 52.245-1, Government Property (Jan 2017)

(s) FAR 52.245-9, Use and Charges (Apr 2012)

(t) FAR 52.246-2, Inspection of Supplies – Fixed Price (Aug 1996)

(u) FAR 52.246-15, Certificate of Conformance (Apr 1984)

(v) FAR 52.246-16, Responsibility for Supplies (Apr 1984)

(w) FAR 52.247-34, F.O.B. Destination (Nov 1991)

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the

Schedule. Such orders may be issued from 06/19/2017 through 06/18/2022.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $200,000.00;

(2) Any order for a combination of items in excess of $400,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the

Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

https://www.acquisition.gov/sites/default/files/current/far/html/52_216.html#wp1115057

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of this contract, the date will be determined when award has be made.

(End of clause)

Alternate I (Apr 1984). If the requirements contract is for non-personal services and related supplies and covers estimated requirements that exceed a specific Government activity’s internal capability to produce or perform, substitute the following paragraph (c) for paragraph (c) of the basic clause:

(c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity’s requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities.

FAR 52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within thirty (30) days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

HSAR 3052.209-79 Representation by Corporations regarding a Felony Criminal

Violation under any Federal or State Law or Unpaid Federal Tax Liability (Feb

2014) (DHS FAR Class Deviation 14-02)

(a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated

Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that:

(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the

Government.

(b) The Offeror represents that: [Offeror please mark]

(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months.

(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government’s request.

(End of provision)

HSAR 3052.212-70 Contract Terms and Conditions applicable to DHS Acquisition of Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Provisions.

3052.205-70 Advertisement, Publicizing Awards, and Releases.

(b) Clauses.

3052.242-72 Contracting Officer’s Technical Representative.

3052.247-72 F.o.B. Destination Only.

(xiv) The Defense Priorities and Allocations System doesn’t apply to this procurement.

(xv) Offerors shall submit quotes as follows –

Vendors shall submit an electronic copy of your firm’s quotation to Iris Johnson at

Iris.M.Johnson@uscg.mil via e-mail no later than June 2, 2017 at 4:00pm (EST). All submissions shall include HSCG40-17-Q-53009 in the subject line of the email. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation.

REQUIRED DOCUMENTS:

Each Offeror shall furnish the information required by the solicitation, which includes:

Section 1: Price Quote (Please fill-in Attachment A);

Section 2: OEM distributor certification letter (Please include DUNS Number & SAM registration expiration); A letter from the OEM certifying/confirming that you business is a distributor.

Section 3: Past Performance / References Proposal (This section should include the offerors completed representations and certifications; three (3) past performance references that are similar to this contract type (past performance references within the mailto:allen.a.tillman@uscg.mil last three years);

Section 4: Any issued amendments to the solicitation.

ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about

June 30, 2017.

QUESTIONS: The last day to ask questions is May 26, 2017 @ 2:00 PM, Eastern

Standard Time (EST). Questions shall be submitted via e-mail to

Iris.M.Johnson@uscg.mil. After this date, unless amended, questions will not be accepted.

(xvi) For information regarding this solicitation, please contact Iris Johnson via e-mail at

Iris.M.Johnson@uscg.mil.

This request for quote has two attachments:

Attachment A – Contract Line Item Numbering List

Attachment B – Specification for Purchase of Honda Outboard Engine Parts.

Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation.