RFQ___HSCG44-16-Q-001043--7-15-16.pdf

HSCG44-16-Q-001043

REQUEST FOR QUOTE (RFQ)

CONTRACT TO PURCHASE DIFFERENTIAL

GLOBAL POSITIONING SYSTEM (DGPS)

Issued by:

United States Coast Guard

Command, Control, and Communications Engineering Center (C3CEN)

Command, Control, Communications, Computers and Information

Technology Service Center (C4IT-SC)

4000 Coast Guard Boulevard

Portsmouth, VA 23703

Proposal Due Date/Time: August 15, 2016 at 10:00 AM EST

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative

Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the 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 urgent and compelling reasons or is determined in writing to be in the best interest of the Government.

The agency‘s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(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 should be submitted to:

COMMANDANT (CG-9131)

U.S. COAST GUARD

OMBUDSMAN PROGRAM FOR AGENCY PROTESTS

2100 2ND ST SW STOP 7112

WASHINGTON DC 20593-7112

The Ombudsman Hotline Telephone Number is (202) 372-3695

INTRODUCTION / INDEX

The USCG Command, Control and Communications Engineering Center (C3CEN) Portsmouth, VA 23703, has a requirement to purchase differential global positioning receivers for cutters and boats engaged in setting and maintaining maritime Aids to Navigation. The equipment selected is required to replace a variety of unsupportable receivers and those receivers no longer in production over the course of four years described in Section 2 –Statement of Work. This solicitation is to establishment a Single Award, Four-Year Indefinite Delivery/Indefinite

Quantity (IDIQ) Contract to purchase DGPS Receivers and ruggedized antennas for the

Government to install on cutters and boats engaged in positing aids to navigation. The USCG request that your company submit a proposal in accordance with this Request for Quote (RFQ)

HSCG44-16-Q-001043.

This is a combined synopsis/solicitation for commercial items prepared in accordance with

Federal Acquisition Regulation (FAR) Subpart 13.5-Test Program for Certain Commercial Items guidelines and FAR Part 12 as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation. This RFQ HSCG44-16-Q-001043 number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88_6-15-16. This procurement will be processed in accordance with FAR Parts 12. The North American Industry Classification

System (NAICS) is 334220. The SBA size standard is 1,250 employees. This is a full and open competition.

Offeror’s that can provide the end items in accordance with the Statement of Work provided are encouraged to provide a Firm Fixed Price Quotation in accordance with (IAW) this Fed-Biz-Ops

RFQ Combined Solicitation synopsis/solicitation.

INDEX

The below Sections will be included in the Award Document

Part A – The Schedule: Solicitation/Contract Form; Supplies or Services and Prices/Costs;

Statement of Work; Technical Specifications; Contract administration data; Special contract requirements

Part B – Contract Clauses: Contract Clauses

Part C – List of Documents, Exhibits and Other Attachments Contract Clauses: List of

Attachments

The below Sections will not be included in the Award Document

Part D – Representations and Instructions: Representations, certifications, and other statements of offerors or respondents; Instructions, conditions, and notices to offerors or respondents;

Evaluation Factors for Award

SECTION A: The Schedule:

A.1 Solicitation/Contract Form: STANDARD FORM 1449

The Contractor must submit a signed and dated offer to the office specified in this solicitation at or before the time specified in the solicitation as stated in FAR 52.212-1, Instructions to

Offerors, Commercial Items. Accordingly, offers may be submitted on letterhead stationary or other documentation. However, minimal documentation must be included in the submission as cited in FAR 52.212-1. See submission instructions in Addendum to FAR provision 52.212-1.

Compliance with subparagraph (b) and the addendum will be required or the Contracting Officer may reject a non-complying offer without evaluation. See Attachment (1) Standard Form 1449.

STANDARD FORM 1449, See Attachment (1)

A.2 Schedule of Supplies/Services and Prices

This contract schedule consists of line items priced on an Indefinite Delivery, Indefinite Quantity basis. The requirement is for the procure a minimum of 100 receiver units, 200 antenna assemblies and all associated mounting hardware and cables per the Government Technical

Specifications. The work shall be performed in accordance with all sections of the awarded

Contract. The Contractor shall perform the effort required by this Contract on a FIRM-FIXED-

PRICE basis.

Schedule of Supplies/Services and Prices, See Attachment (2)

A.3 Statement of Work (SOW)

STATEMENT OF WORK (SOW), See Attachment (3)

Shipping, Packaging, Maintenance and Reliability/Warranty Requirements

The Contractor shall ship all equipment to the following address: 4000 Coast Guard Blvd., Portsmouth, Virginia 23703. Commercial packaging is acceptable. Each receiver, antenna, mounting bracket and cables shall be packaged in a separate container. Each container shall be labeled with part number, description and quantity of issue, Coast Guard stock number and applicable bar code. The Coast Guard project officer will provide specific format for marking instructions following contract award.

The Offeror shall provide a one year warranty to commence upon installation (Date indicated on

SOVT or OPNAV 4790/CK configuration form.) In the event the equipment is not installed within 12 months of delivery, the warranty period will commence 12 months following acceptance.

Warranty Returns. All assets returned under warranty provisions shall be subject to failure analysis by the contractor. All repaired assets shall be returned to the designated Coast Guard supply point in a fully operational condition.

Non-Warranty Repairs. The vendor shall describe the non-warranty repair process and proposed logistics and repair timeline. The expected repair cycle time shall be less than 60 days following

Contracting Officer authorization to proceed.

A.4 Technical Specification

Technical Specification, See Attachment (3) SOW Enclosure (1)

This contract lists the Government Technical Specifications that are Key Performance

Parameters (KPPs) which represents the minimum qualifications required for a Differential

Global Positioning System Receiver (DPGS). These requirements are based on the established

Coast Guard Operational Requirements Document and derived technical parameters (DR) to comply with installation constraints.

A.5 Contract Administration Data

The U.S. Coast Guard United States Coast Guard Command, Control, Communication and

Computer Information Technology (C4IT) Service Center, USCG C3CEN will perform all

Contract administration under this contract. The location of the Contracting Officer and Contract

Specialist for the contract is at 4000 Coast Guard Blvd, Portsmouth, VA 23703 Communication pertaining to the contractual administrative matters shall be addressed to the Contracting Officer and Contract Specialist listed below. Changes in or deviation from the Scope of work will not be effected without a written change request and modification to the Contract as executed by the

Contracting Officer.

The Contracting Officer for this requirement is Stephen Clark and can be reached at (757) 295-

2278 Stephen.A.Clark@uscg.mil or the Contract Specialist, LaChele Edmonds she can be reached at D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil

The Contract Specialist serves as the point of contact between the Contractor and the Contracting

Officer. This person does not have a warrant that provides the authority to contractually commit the Government.

The COR is a Government employee designated in writing by the Contracting Officer to act as a technical advisor for the Contracting Officer for items within the scope of this Order. The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the authorities and limitations of the

COR under the Order. A COR does not have a warrant that provides the authority to contractually commit the Government and is not authorized to change any of the terms and conditions of the Order mailto:Stephen.A.Clark@uscg.mil mailto:D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil

B. CONTRACT CLAUSES

Contract Clauses: See Attachment (4)

C – List of Documents, Exhibits and Other Attachments Contract Clauses:

C.1 HSAR 3052.209-70, Prohibition on contracts with corporate expatriates. (JUN 2006)

Contractor is required to provide disclosure and return with offer the HSAR 3052.209-70 clause, see Attachment (5).

C.2 DHS HSAR 3052.242-72 Contracting Officer’s Representative (DEC 2003) (Tailored)

(a) The Contracting Officer may designate Government personnel to act as the Contracting

Officer's Representative (COR) to perform functions under the contract and delivery order/task orders such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract a delivery order/task order, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.

b. The Contracting Officer cannot authorize the COR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the

Contracting Officer.

(End of clause)

D – Representations and Instructions: Representations, certifications, and other statements of offerors or respondents; Instructions, conditions, and notices to offerors or respondents;

Evaluation factors for award

D.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Oct 2015)

(Tailored)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block

10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. – Tailored

Offeror shall submit a complete proposal, as specified below, electronically via e-mail No

Later Than August 15, 2016 at 10:00 AM Eastern

E-Mail: Offerors shall submit their proposal to the Contracting Officers email work box at D05-

SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil and Stephen.A.Clark@uscg.mil.

Offeror shall submit a signed SF-1449 (see attachment 1) and dated proposal on company letterhead stationery that contains, at a minimum, the following sections and information:

1. Cover Page/Letter shall include the following at a minimum:

a. Request for Proposal (RFQ) number

b. Name, Address, Telephone Number, and DUNS Number of the Offeror

c. Name, Title, Phone Number, and E-mail Address of an Authorized Official of the Offeror

d. If applicable, subcontractor name(s) and DUNS number(s)

e. Terms of any express warranty;

f. Price and any discount terms;

g. A statement specifying the extent of agreement with all terms, conditions, and provisions included in this RFQ.

h. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR

52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

i. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

j. If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

mailto:D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil

k. Acknowledgment of Solicitation Amendments

l. All representations and certifications executed as applicable.

m. Offeror has confirmed checking one of the three blocks at HSAR 3052.209-70(f)

2. Past Performance Information Section

The Offeror shall identify at least two (2) different contracts but no more than three (3) relevant to this requirement (purchase of Differential Global Positioning System Receivers) and current federal, state or local government or private contracts performed during the last three (3) years.

For each contract, list:

(a) Contract number and customer point of contact (including two (2) points of contact with telephone numbers)

(b) Dollar value of the contract (Original and Final)

(c) Type of service performed and whether Prime or subcontractor

(d) Required completion date for the contract

(e) Date the services were actually completed

(f) Type of equipment that was open, inspected and repaired.

(g) Contract type (FFP, IDIQ, Requirement, Cost Type)

(h) Percentage of growth in contract price (Additional work divided by award price)

If subcontracting arrangement is proposed, the above data must also be provided for each first tier subcontractor. If a joint effort or teaming arrangement is proposed, highlight previous experience with the proposed team or subcontractor.

The Government will send a Past Performance Questionnaire (PPQ), (See Attachment 6) ,to those contacts provided for evaluation purposes; therefore all points of contact must be submitted by August 4, 2016 at 2:00 PM Eastern to the Contract Officer, Stephen Clark via e-mail at D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil and Stephen.A.Clark@uscg.mil.

Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror’s ability to perform the contract successfully.

Contract 1

Name of Company/Organization:

Contract Number:

Contract Type/Amount:

Period of Performance:

Description of Supply or Service:

First Point of Contact (Name):

Phone Number:

E-Mail Address:

Second Point of Contact (Name):

Phone Number:

E-Mail Address:

Contract 2

Name of Company/Organization:

Contract Number:

Contract Type/Amount:

Period of Performance:

Description of Supply or Service:

First Point of Contact (Name):

Phone Number:

E-Mail Address:

Second Point of Contact (Name):

Phone Number:

E-Mail Address:

3. Price Section. Offerors shall use the price schedule in Section A.1 (see attachment 2) to indicate the firm fixed price for this requirement in their proposal. Offerors are required to propose on all contract line items. A line item price left blank will be considered unacceptable and the proposal may be rejected.

It shall be the obligation of the offeror to exercise due diligence to discover and to bring to the attention of the Government any ambiguities, inconsistencies, or concerns regarding the information in the Request for Proposal. All questions/concerns regarding this RFQ will be submitted in writing to the Contract Officer, Stephen Clark via e-mail at D05-SMB-C4ITSC-

CPD-C3CEN-TeamD@uscg.mil and Stephen.A.Clark@uscg.mil. No later than August 1, 2016 at 2:00 PM Eastern.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

mailto:D05-SMB-C4ITSC-CPD-C3CEN-TeamD@uscg.mil

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the

Government reserves the right to conduct discussions if later determined by the Contracting

Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100

470 L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925)

Facsimile (202 619-8978)

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense

Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST;

or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the

DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the

DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United

States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://fedgov.dnb.com/webform shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the

Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the

SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

D.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

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 using the trade-off process. The following factors shall be used to evaluate offers:

1) Technical Capability (more important than Past Performance)

The Government will evaluate Contractor’s Proposal for compliance with the following:

A. Written Performance Specification Compliance and extent to which objectives are met.

B. SOW Compliance

C. Warranty

D. Delivery/Production

E. Other Compliances (FAR 52.212-3 and HSAR 3052.209-70 .)

2) Past Performance (less important than Technical Capability).

The Government will evaluate an offeror’s past performance based on any of the following:

A. Quality

B. Customer Satisfaction

(1) Contracting Officer’s knowledge of and/or previous experience with the offeror,

(2) Past performance questionnaires/surveys,

(3) Past Performance Information Retrieval System (PPIRS), and/or any other source. The offeror’s past performance will be evaluated based on the degree to which current and previous contract efforts indicate the probability of the offeror successfully accomplishing https://www.acquisition.gov/ the requirements of the statement of work. The currency and relevancy of the information, source of the information, context of the data, and general trends in contractor’s performance will be considered. Past performance information received from the offeror shall be within the past 3 years or ongoing and be relevant to this requirement (i.e., for same or similar requirement.) Current performance will have a greater impact in the evaluation than less recent performance. Although the Government will consider information obtained from other sources, the burden of providing thorough and complete past performance information rests with the offeror. Only relevant past performance will be evaluated. An offeror’s lack of relevant past performance will not be evaluated favorably or unfavorably and will be rated as “neutral”.

3) Price (equal to Technical Capability and Past Performance combined)

The Government will evaluate price for reasonableness. Offerors are required to provide prices for all items/CLINs. A price proposal that is inconsistent with the technical proposal will be a basis for finding the technical proposal to be unacceptable. Unit prices left blank or annotated with something other than a dollar figure will be considered unacceptable and the proposal may be rejected without any further consideration. The other evaluation factors are significantly more important than price. The Government intends to award on an all or none basis to a responsible offeror whose offer conforms to the solicitation, and provides the Government with the best value. The U.S. Coast Guard C3CEN intends to award a Firm Fixed Price Contract.

Although price is not the controlling factor in award of this contract, it is an important factor and should not be ignored. The degree of its importance will increase with the degree of the equality of the proposals in terms of the other evaluation factors. If competing proposals are substantially equal in Technical Capability and Past Performance, Price may be the controlling factor in award.

b) Basis for Award. The Government will conduct a tradeoff process to determine the vendor whose quote represents the best value to the Government. In doing so, the Government may award to other than the lowest priced proposal or other than the highest technically rated proposal. However, the technical evaluation factors, when combined, are equal to price. The evaluation factors are listed above in descending order of importance. When combined, non-price factors (Technical Capability and Past Performance) are equal to Price. As non-price factors converge, price gains importance in making the award selection.

D.3 FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items

(April 2016):

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

(SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

(a) Definitions. As used in this provision--http://www.acquisition.gov/

“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.

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

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

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

“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).

“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—

(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--

(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.

“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.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the 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.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the

SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation

(including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference

(see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or https://www.acquisition.gov/ certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR

124.1002.

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

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13

CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the

WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13

CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each

EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the

HUBZone small business concerns participating in the HUBZone joint venture:

__________.] Each HUBZone small business concern participating in the

HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms

“commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy…