Part V_Addendum 52_212-1_Solicitation Provisions_SPC-HWX II_Draft_09-26-2024.pdf

PART V

RFP NO. 70Z02325R93250001

SOLICITATION PROVISIONS

Addendum to FAR 52.212-1:

The clause Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023) incorporated by reference is amended as to supplement and/or replace (as specifically noted) with the following terms and conditions:

(1) MULTIPLE OFFERS

Replace paragraph (e) with the following: Offerors are allowed to submit a maximum of two offers presenting alternative items to satisfy the requirements of this solicitation. The two offers must be separate, stand-alone proposals and shall not reference each other. Each offer submitted will be evaluated separately, and must adhere to all instructions.

Alternative line items must adhere to FAR 52.204-22 and if proposed must provide written information on how the Government’s line items does not conform to the Offeror’s practices, if applicable. Notwithstanding the provision in FAR 52.204-22, acceptance of an alternative line-item proposal is a unilateral decision made solely at the discretion of the Government. Offerors that do not comply with the line items specified in this solicitation will be determined to be nonresponsive or unacceptable.

(2) INSTRUCTION FOR PROPOSAL CONTENT

Offeror’s proposals shall be submitted in two (2) separate volumes.

Volume I: Technical

Volume I shall clearly demonstrate how the Offeror shall comply with the Attachment 1 – Special Purpose Craft – Heavy Weather Second Generation (SPC-HWX II) Specification, Attachment 2 – Statement of Work (SOW), and be specific, detailed, and comprehensive as to enable technical personnel to make a thorough evaluation. In all cases, claims of meeting objectives shall be supported with calculations or comparisons to performance data from an existing boat with similar characteristics.

The Offeror’s proposal shall address all facets of the proposed technical solution. No price data shall be included in this volume.

The technical proposal shall consist of the following:

a. Narrative

b. Appendices

a. Narrative

The following shall be addressed in the narrative:

Factor 1 – Mission Effectiveness and Supportability:

RFP NO. 70Z02325R93250025 PART V

o Mission Capability (Spec §044): Provide a narrative description of features that allow the proposed SPC-HWX II to accomplish each of the missions, and actions that may be taken to accomplish those missions, as described in the SPC-HWX II Concept of Operations.

Address how the arrangement of outfit and furnishing contributes to these missions. The narrative should be accompanied by supporting calculations and illustrations (photographs, drawings, renderings, etc.) or refer to the drawings.

o Performance (Spec §051): Provide calculations and narrative to support how the proposed boat meets or exceeds threshold or objective requirements for speed, range, towing and bollard pull, stability and self-righting, maneuverability, and seaworthiness (heavy seas and surf). Describe characteristics of the hull form and appendages that promote crew comfort in heavy seas and ability to maintain control in heavy surf including maneuverability. A proposed objective, either fully or partially compliant, may be incorporated as a part of any resulting contract.

o Construction (Spec §100): Provide a narrative that addresses your structural development approach and how the proposed SPC-HWX II will meet structural, weight and stability requirements. Address any assumptions and margins used in the design. Provide calculations to support your narrative.

o Systems and Equipment (Spec §200, §300, §500): Provide a narrative description of the SPC-HWX II systems and equipment including their arrangement within the SPC-HWX II. Include a detailed discussion of the propulsion and propulsion control system; the electrical power generating and distribution systems; the command, control and communication systems; and the auxiliary systems as it relates to meeting the requirements and general operating characteristics. Provide supporting evidence of propulsion system performance history, and calculations for propulsion system equipment selection and sizing. Provide a narrative on approach to EPA compliance, or either a certificate of compliance from the engine OEM, or a letter of commitment from the OEM stating when they will have certification of EPA compliance.

o Reliability and Supportability (Spec §071, §200, §300, §500, SOW §041-6): Provide a narrative that addresses how equipment has been selected and integrated into the design to maximize reliability, service life, and supportability. Describe suitability of equipment to operate under extreme accelerations and during and after a 360-degree rollover.

Address steps taken to ensure that replacement components and parts will be available for long-term logistics support. Describe incorporated design characteristics that allow the boat to be easily accessed and maintained, how major components can be removed/replaced, the periodicity of major maintenance activities, and available logistical support data such as parts and service availability.

o Underway Routine Inspection (Spec §071): Address how access is provided to components for inspection, damage control, and repair while underway.

o In Port Maintenance and Access (Spec §071): Address or provide illustrations to clearly describe how personnel will be able to access, remove, and replace major components including, but not limited to: main engines, reduction gears, propulsion controls, propellers, batteries, electrical power generating systems, electronics systems, fuel system, and HVAC.

o Parent Craft (Spec §051-9) – Provide a narrative supporting your selection of a parent craft upon which your proposed SPC-HWX II is based. Describe significant changes made from the parent craft hull form, designed operating environment, propulsion system, structural design, stability and self-righting, outfitting, and arrangements to meet SPC-HWX II requirements and any resulting tradeoffs with stability, seakeeping, maneuvering, or speed.

Factor 2 – Systems Engineering and Design Approach:

o Systems Engineering (SOW §068): Provide a narrative to fully support the Offeror’s capabilities in providing systems engineering. If subcontractors play a prominent role, identify their role. Briefly describe the methodology used to incorporate various disciplines (naval architecture, structural, electrical, propulsion control, human factors engineering) into the design and how life cycle support concerns are incorporated into the design of the SPC-HWX II. Specifically address how human engineering, maintainability, supportability, and reliability will be factored into the design and validated as compliant with the requirements. Address how you intend to integrate Coast Guard feedback into the design refinement process to balance requirements. Provide a narrative supporting your technical ability to complete detailed design of the SPC-HWX II System.

o Design and Development Plan Submission (SOW §068-2): SOW 068-2 requires the Contractor to develop a Design and Development Plan. Submit a minimum 2-page summary of this plan as part of your proposal which includes, at a minimum, a schedule of major milestones, design reviews, and mockup reviews and the contents of each.

Factor 3 – Management and Production Capability:

o Organization (Spec §040): Describe the proposed approach to managing the SPC-HWX II contract including the project management organization. If subcontractors play a prominent role, clearly identify their role in the organization and the benefits they bring to the SPC-HWX II project. Discuss the availability of critical components and how you will address and navigate the challenges that may arise.

o Production Capabilities and Facilities (SOW §045): Describe the production capabilities and facilities as they relate to the SPC-HWX II production, in-plant testing, in-water testing, acceptance testing, and delivery. If facilities and production equipment are not currently owned or operated by the Offeror, explain how the facilities will be made available. If the production facilities identified are not adjacent to navigable waters accessible to the Pacific Northwest Coast Guard Stations, explain how you envision conducting the requisite in-water testing and subsequent delivery and acceptance at the delivery locations.

o Planning and Scheduling (SOW §040, §068): Describe the plans for scheduling construction to meet the delivery requirements. Explain the planning and scheduling for:

the Design and Development (CLIN X001), the construction of the first boat from order to acceptance, and the overall schedule for subsequent production of up to 5 additional boats. Address the ability of production planning and scheduling to adapt to variations in order quantities, and how you will account for or adapt to adverse situations.

o Production Labor Force: Describe the labor force needed, and how the size of the labor force will be modified to adapt to varying production rates. Address programs that are used to train new employees as well as maintain and upgrade qualifications of existing employees.

b. Appendices o Appendix I: Table of Key Parameters

Characteristic Value

Length Overall [ft-in] Max Beam [ft-in] Max Draft [ft-in] Height – Mast/antennas up (waterline to highest point) [ft-in] Height – Mast/antennas down (waterline to highest fixed point) [ft-in]

Cruising Speed [kts] Max Speed [kts] Range at Cruising Speed [nm] Fuel Capacity [gals] Potable Water Capacity [gals] Sewage Tank Capacity [gals] Gray Water Tank Capacity [gals] Weight – Lightship [lbs] Weight – Performance [lbs] Weight – Max Gross [lbs] Engine – Make/Model Engine – Horsepower rating [hp] Engine – EPA rating and date of certification Engine – Load at max speed (%) Engine – Load at cruising speed (%) Marine Reverse/Reduction Gear [Make/Model] Propellers [Type/Size] Capstan Winch [Type/Size] Capstan Winch Power [hp/kW] Generator(s) Prime Mover [Make/Model] Generator(s) [Make/Model] Generator(s) power [kW] Open Bridge Seating – Shock Rated [qty] Additional Open Bridge Seating [qty] Enclosed Bridge Seating – Shock Rated [qty] Additional Enclosed Bridge Seating [qty] Relief Crew Seating – Shock Rated [qty] Additional Interior Seating [location/qty] Additional Exterior Seating [location/qty] Berths [type/location/qty] o Appendix II: Drawings – Provide preliminary drawings. The Government does not have a format requirement for the drawings submitted as part of the proposal other than they must be fully legible when printed on tabloid (11x17 inch) paper. Drawings should depict the boat to allow for a detailed understanding of the proposed SPC-HWX II design, structure, arrangements, buoyancy, and construction. Provide 2-D Inboard/Outboard Profile and Transverse Sections drawings showing all principal characteristics and major equipment.

Drawings should be to scaled with the scale clearly indicated and dimensioned sufficiently to allow evaluation of compliance to the specification and operational capabilities. Drawings should cover design work elements listed in SOW §068-2.5 and at minimum include:

o Hull lines and offsets (including shaft lines and appendages) o General arrangements o Machinery arrangements o Shell expansion/scantlings, deck scantlings, deckhouse scantlings o Appendix III: Weight – Provide a weight estimate which includes the weight, center of gravity, draft, and trim for each loading condition, as described in the Specification §096-1.

Include in the weight estimate the design and lifecycle margins for both weight and center of gravity for meeting speed, stability, and range.

o Appendix IV: Calculations - Provide the following calculations or supporting data necessary to show compliance:

• Speed and range, at the performance weight condition;

• Bollard pull;

• Propulsion system, and propeller sizing;

• Electrical system selection and sizing;

• Auxiliary system selection and sizing including drainage, hydraulic systems, mooring, towing and anchoring systems, cathodic protection, HVAC, fire suppression, potable water, greywater, recovery davit, and steering systems (include, rudders, rudder stock, and rudder supports)

• Stability Calculations – show by calculation how the stability requirements of Specification §079 shall be met at all loading conditions in Specification §096-1 and all speeds;

• Structural Calculations – Provide scantling calculations for hull, deck and deckhouse to include plating, frames, stiffeners, girders and other primary structures in accordance with §100. Provide foundation calculations for major equipment including engines, gears, generator(s), and towing equipment.

• Center of Gravity Envelope – Provide diagrams showing the entire safe design/operating envelope of weight and center of gravity (LCG, VCG, TCG) for each loading condition in Specification §096-1;

The calculations shall include any references or data required to replicate/validate the calculations including methodology and assumptions used.

Volume II:

Volume II shall contain the following:

a. Past Performance Information;

b. IDIQ Price Schedule and the Schedule (SF 1449);

c. Representations and Certifications & completed provisions; and

d. Amendments.

a. Past Performance Information

Each Offeror’s proposal shall contain information on a maximum of three (3) past performance references, performed within the past five (5) years (from solicitation closing), that are relevant to this requirement to include: (1) Name of organization, (2) Current Point of Contact, Email Address and Phone Number, (3) Contract Number (4) Brief description of the boats provided identifying the key requirements and/or type of effort, and (5) Contract/Order value. The Offeror shall document in the proposal whether or not the past performance reference contract(s) identified have records in the Contractor Performance Assessment Reporting System (CPARS) or if a Past Performance Questionnaire (PPQ) shall be submitted.

Each description shall provide enough detail for the Government to determine the relevance of this program or project; address the complexity of the contract/order effort and the overall technical risk associated with accomplishing the effort. Each description must also ensure acronyms are identified. The Offeror shall also provide a complete description of the contract/order effort, identifying key technologies, components, subsystems, and requirements.

Annual production quantity shall be addressed. For task/delivery order contracts, state the number of orders issued during the period, the number of orders completed during the period, and the number of orders that remain active.

The references shall be for efforts of similar or greater annual production quantity of boats with a similar size and design to the boat proposed, or similar or greater annual production quantity of boats within a family of designs to the boat proposed. Offeror’s may provide information on problems encountered on the identified contracts and the Offeror’s corrective actions.

Offerors shall submit the PPQ (Attachment 5) for reference contracts which do not have records in CPARS. The references (not the Offeror) shall return the completed questionnaire to the e-mail address shown on the PPQ no later than the closing date of this solicitation. The Offeror is solely responsible to ensure that the questionnaire is completed and returned by the respective references to the e-mail address on or before the deadline. The PPQ and the instructions for processing the PPQ are in Attachment 5 to the RFP. If the past performance contract(s) has/have already been evaluated in CPARS, a PPQ is not required for that effort.

b. IDIQ Price Schedule (SF-1449)

Attachment 3, Price Schedule, shall be completed with unit prices, rates, and the Offeror’s name.

The Offeror is to only input prices in the “Price Schedule” tab of Attachment 3. All other calculations are embedded as formulas in the Evaluation worksheet for purposes of calculating the total evaluated price and contract prices. These formulae shall not be altered. Attachment 3 will not be a part of the resultant contract. The information inserted into Attachment 3 will be used, by the Government for evaluation purposes and for purposes of inserting price information into the Schedule SF-1449. Below is a detailed breakdown of how Attachment 3 will be used in the evaluation process:

Price Schedule Tab: The Price Schedule tab is for an Offeror’s input of unit prices for each Contract Line Item Number (CLIN) for each ordering period and including options. The inserted unit prices are automatically put into the evaluation worksheet. At award, the unit prices, inserted into the Price Schedule tab, will be entered into the SF-1449, establishing the contract’s maximum value. With the exception of CLIN X007, all values should be entered in $100 increments.

Evaluation Worksheet Tab: The evaluation worksheet tab uses unit prices inserted by Offerors in the price schedule tab. The evaluation worksheet displays the estimated ordering quantity for each ordering period and including options. It also provides a unit price based on the inputs from the price schedule tab. The evaluation worksheet calculates the total amount per CLIN and then a total evaluated price. This allows the USCG to evaluate pricing based on what the USCG anticipates ordering. This value will establish the maximum contract value and this information will be inserted, by the USCG, into the SF-1449 upon award.

For the CLIN X007 series, a USCG provided ceiling amount is used for anticipated materials and labor cost associated with logistic support needs. This amount is used for evaluation and will be applied to the overall contracting value. For proposal evaluation purposes material costs have been established as indicated in the Price Schedule to provide a uniform basis for comparison.

These estimated material costs will be added to the USCG-provided ceiling amount. The CLIN X007 series also has labor hours established as indicated in the Price Schedule to provide a uniform basis for comparison. These labor hours will be multiplied by the proposed labor rates and will be applied to the overall CLIN value and the total contract value.

The Schedule in the SF-1449 shall be filled out, signed, and dated in block 30. Upon award, the USCG will insert the unit prices, which were inserted into the Price Schedule tab in Attachment 3.

c. Representations and Certifications/Provision Completion

A completed copy of the representations and certifications at FAR 52.212-3 Offeror Representations and Certifications - Commercial Product and Commercial Services (May 2024).

See FAR 52.212-3(b) for those representations and certifications that the Offeror shall complete electronically. A completed copy of FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021), FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020), FAR 52.209-5 Certification Regarding Responsibility Matters (Aug 2020), 52.209-7 Information Regarding Responsibility Matters (Oct 2018), and any other provision or clause fill-in requiring completion by the Offeror.

d. Amendments

Any amendments to the solicitation (signed SF-30). Offerors shall include a completed, signed copy of the SF-1449 and SF-30.

(3) PROPOSAL PAGE LIMIT, COPIES

Gibney, Joel M SCPO USCG DHS (USA) Discuss with Paul

Volume I: Technical

The page limit for Volume I is:

a. Narrative Portion (40 pages)

b. Appendices (no page limit)

Additional pages, videos, and other media shall not be submitted and will not be evaluated. For Volume I, submit an original in paper format, five paper copies, and electronic copy on a DVD/CD-

ROM.

Volume II:

There is no page limit for Volume II.

For Volume II, submit an original in paper format, one paper copy, and electronic copy on a DVD/

CD-ROM.

Note: Both volumes shall be on 8” x 11” paper (11” x 17” for drawings, single sides of drawings will count against page limitation, if used in Narrative portion), with Times New Roman 11-point font; each page included in the above page limits shall be numbered consecutively.

(4) PROPOSAL SUBMISSION

The required number of copies of the proposals must be received by the Contract Specialist or Contracting Officer via “HAND-CARRIED DELIVERY ONLY” on or before the required submission date at the United States Coast Guard Headquarters Visitors Entrance. There shall be no proposal submission via e-mail, USPS, FedEx, UPS, DHL, or any other commercial carriers. Hand- Carried delivery through a messenger courier may be used. The U.S. Coast Guard Headquarters building is a controlled access building. Prior arrangements for meetings at the Visitor’s Center must be made by contacting the Contract Specialist, Joel.M.Gibney@uscg.mil and Contracting Officer, William.E.Lewis3@uscg.mil, at least one (1) business day, prior to the date desired for delivery.

It is the Offeror’s responsibility to ensure that proposals are delivered by the due date and time required. No changes or additions to a volume will be permitted after this date, except as provided under an amendment or discussions, if necessary. An Offeror that fails to meet any due date shall be considered “late” in accordance with FAR 52.212-1(f).

(5) VALIDITY PERIOD OF PROPOSALS

Replace FAR 52.212-1 paragraph (c) with the following: The Offeror agrees to hold the prices in its proposal firm for two hundred and fifty (250) calendar days from the date specified for receipt of proposals, unless another time period is specified in an addendum to the solicitation.

(6) SOLICITATION QUESTIONS

Offerors are strongly encouraged to submit questions and clarifications by ddmmmyyyy at 12:00pm (noon) ET. All questions and clarifications shall be entered in Attachment 8. Questions and

Clarifications Form shall be submitted via email at William.E.Lewis3@uscg.mil. Questions received after the above cutoff date and time may not be answered. Submission of questions and clarifications, and any resulting answers from the Government will not require the Contracting Officer to extend the solicitation closing date. All Amendments to the solicitation will be posted via https://www.sam.gov.

Note: The Government will not pay for costs incurred in the preparation and submission of proposals, or other costs incurred in response to this announcement.

(7) DHS NOTICE TO OFFERORS

It is DHS policy that pricing for competitive negotiations should be based on adequate price competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that Offeror may be required to submit either Certified Cost or Pricing Data (FAR 15.403-4) or Data Other Than Certified Cost or Pricing Data (FAR 15-403-3) to support price negotiations.

(8) FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a clause may be accessed electronically at these addresses: www.acquisition.gov/far/; http://www.dhs.gov/publication/hsar

PROVISION INCLUDED BY REFERENCE

NUMBER TITLE/DATE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions (Sept 2007) FAR 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation (Jan 2017) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.211-6 Brand Name or Equal (Aug 1999) FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020)

(9) FAR 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

mailto:William.E.Lewis3@uscg.mil https://www.sam.gov/ http://www.acquisition.gov/far/ http://www.dhs.gov/publication/hsar

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation.

However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

(10) FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204- 26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

https://www.acquisition.gov/content/subpart-410-uniform-use-line-items#iSubpart_4_10 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It __ does, __ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.

The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

https://www.sam.gov/

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

(11) FAR 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) (1) Representation. The Offeror represents that it __ does, __ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purpose of this representation, the offeror represents that it __ does, __ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunication equipment or services.

(12) FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG

2020)

(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 the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has __ 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 non responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(13) FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

(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 proceedings 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, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

(14) FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single award IDIQ contract resulting from this solicitation.

(15) FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from William E. Lewis at William.E.Lewis3@uscg.mil and OPAP@uscg.mil.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

https://www.sam.gov/ https://www.acquisition.gov/content/52204-7-system-award-management#i1063838 http://www.acquisition.gov/far/html/Subpart%2031_1.html#wp1089550 mailto:William.E.Lewis3@uscg.mil mailto:OPAP@uscg.mil

(16) EVALUATION PLAN

(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: (1) Mission Effectiveness and Supportability, (2) Systems Engineering and Design Approach, (3) Management and Production Capability, (4) Past Performance, and (5) Total Evaluated Price.

All non-price factors are listed in descending order of importance and, when combined, are approximately equal to price. As the technical proposals become closer in quality, price increases in relative importance.

The Government will evaluate written proposals to consider the following factors:

Volume I:

Factor 1 - Mission Effectiveness and Supportability Factor 2 - Systems Engineering and Design Approach Factor 3 - Management and Production Capability

Volume II:

Factor 4 - Past Performance Factor 5 - Total Evaluated Price

(i) Mission Effectiveness and Supportability: Each proposal will be evaluated to consider the proposed technical solution’s ability to meet or exceed the requirements set forth in the Specification and SOW. The Mission Effectiveness and Supportability evaluation will result in two separate ratings, one (1) for technical and one (1) for risk-related findings. Evaluators will consider the degree a proposed solution offers the most mission-capable product in terms of mission capability, performance, systems and equipment, construction, underway routine inspection, in port maintenance and access, parent craft, and the risk associated with achieving mission effectiveness and supportability.

Evaluations will consider the extent to which a proposed solution exceeds the minimum requirements, includes features that enhance utility, or equipment selection that reduces life-cycle costs in any area of the Specification and SOW or across multiple areas.

(ii) Systems Engineering and Design Approach: Each proposal will be evaluated based on the offeror's proposed approach to integrating Coast Guard input in progressing from the proposal design to a production design while balancing requirements in achieving a design to meet or exceed the requirements of the Specification and Statement of Work (SOW).

The Systems Engineering and Design Approach factor will yield two distinct ratings: (1) one for technical aspects and (1) one for risk-related findings. Evaluators will assess the offeror's systems engineering strategy and design development approach in achieving the most mission-ready product.

They will also review and consider the summarized design and development plan, and the risks associated with executing the plan and achieving a design that aligns with Coast Guard requirements and priorities.

This factor will also consider the offeror's skills, competencies, and experience in developing a production design that successfully implements customer input during the design refinement. The offeror's approach will be evaluated on how well they intend to integrate Coast Guard feedback into the design refinement process to balance requirements and obtain a superior design.

(iii) Management and Production Capability: Each proposal will be evaluated to consider the proposed technical solution’s ability to meet or exceed the requirements set forth in the Specification and SOW. The Management and Production Capability evaluation will result in two separate ratings, one (1) for technical and one (1) for risk-related findings. Evaluators will consider the capability of the offeror to manage the program and produce the SPC-HWX II in terms of organization, production capabilities and facilities, planning and scheduling, production labor force and the risk associated with managing the program and producing the SPC-HWX II.

Evaluations will consider how an offeror demonstrates a strong and well-planned approach to managing and producing the technical solution required by the Specification and SOW. This includes having a well-organized and experienced organization, with the necessary production capabilities and facilities to meet the project requirements. The offeror should also provide detailed and well-thought-out planning and scheduling processes, as well as a skilled and capable production labor force.

Additionally, the offeror should demonstrate a thorough understanding of the risks associated with delivering the technical solution and outline effective measures to mitigate these risks. The offeror should demonstrate a strong and well-planned approach to managing and producing the technical solution.

(iv) Past Performance: Proposals will be evaluated to consider each Offeror’s past performance.

This evaluation will assess whether an Offeror consistently delivered quality products in a timely manner in the past, including overall consideration of quality, schedule, management, and…