S1.12a Combined Synopsis Sol 70Z080-21-R-13002B00 RFP.docx

Solicitation No.: 70Z08021R13002B00

87’ MTU COMPONENT OVERHAULS & PARTS PURCHASE

COMBINED SYNOPSIS / SOLICITATION

70Z08021R13002B00

87’ MTU OVERHAULED COMPONENTS AND PARTS

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 electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202.372.3695.

Commanding Officer USCG Surface Forces Logistics Center

(CPD-C&P1-PBPL)

2401 Hawkins Point Road, Bldg. 31 LL Baltimore, MD 21226

REQUEST FOR PROPOSALS

70Z08021R13002B00

The U.S. Coast Guard (USCG) Surface Forces Logistics Center intends on awarding a firm, fixed-priced requirements type contract in order to purchase component overhauls and service-ready, Original Equipment Manufacturer (OEM) parts of the Motoren- und Turbinen-Union (MTU) 8V396 TE94 series main diesel engines and their electronic control systems in support of USCG 87’ Patrol Boats (WPBs). A justification for other than full and open competition is attached to this solicitation.

I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Proposals are being requested and no further written solicitations will be issued.

II. This solicitation is being issued as a request for proposal (RFP). This requirement will be satisfied using FAR Part 15, Contracting by Negotiation.

III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2021-01.

IV. Set-aside Status: No Set-aside. North American Industry Classification System (NAICS) Code is 333618 with a small business size standard of 1,500 employees.

V. A list of the contract line item numbers (CLINS) to be purchased can be found in Attachments 4 and 6, Contractor Pricing and CLIN List for all ordering periods, see below for further details. Insert unit prices for all CLINs listed in the Attachments.

SUPPLIES OR SERVICES AND PRICES/COSTS

SEE ATTACHMENT 4

If the offeror considers any additions, deletions or part number changes of the parts required under this requirement, the Contract Specialist must be notified in WRITING PRIOR TO THE CLOSING DATE OF THIS SOLICITATION. All prices on CLINS shall be firm, fixed-price for overhauls and parts for five (5) years upon contract award. All items will be shipped F.O.B. Destination as stated in FAR 52.247-34. Provide prices for all CLINs unless Not Separately Priced (NSP) is listed for a CLIN.

MANDATORY PARTS NOT PRICED INDIVIDUALLY - Attachment 6 lists all mandatory replacement parts that shall be replaced on each overhaul. Include total cost of mandatory parts in pricing for overhauls in Attachment 4 - Schedule of Supplies and Prices.

CLIN 0808 - NSP

For Approval, Test Plan and Inspection Report Formats in accordance with (IAW) Specification Number P-260-0460 dated 03/2016, updated 06/02/2020, Section 3.3 (Attachment 1).

BEYOND ECONOMICAL TO REPAIR (BER): The Contracting Officer will determine if any unit is BER. The Contractor will be instructed to complete Standard Form (SF) 1424 Inventory Disposal Report. BER units will be scrapped at the Contractor’s facility at no charge. The Contractor is required to remove all Government markings and comply with all environmental regulations.

VI. Description of requirement: The Contractor shall furnish all necessary labor, material, services, equipment, supplies, power, accessories, facilities and such other things as are necessary, except as otherwise specified, to overhaul the MTU components specified in Attachment 1, in accordance with this solicitation and attached specifications. Failure to read the specifications in their entirety will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror’s risk. All Proposals submitted in response to this solicitation shall stand firm for 120 calendar days from the response date of this solicitation.

All items to be provided under this contract shall be accomplished in accordance with the following:

Specification Number P-260-0460 Revision C, dated 03/2016, updated 06/02/2020, entitled “Component Overhaul & Parts Purchase for MTU Propulsion Engines 8V396 TE 94” (Attachment 1). Also, reference the United States Coast Guard (USCG) Service Ready Parts Purchase for MTU Propulsion Engines 8V396 TE94 specification dated 10/2018 (Attachment 2) and Barcode Label Example (Attachment 3) for assistance with preparing service, ready parts for shipment and barcoding requirements.

Contract Type: This solicitation will result in the USCG SFLC awarding one (1) firm fixed-priced, five (5) year requirements contract.

Performance Period: This contract shall be in effect for five (5) years consisting of five (5) 12-month ordering periods beginning on date of award. Ordering periods are as follows:

Place of Contract Performance: Contractor’s facility VII. Delivery and acceptance and FOB point:

PLACE OF DELIVERY - DESTINATION

(A) All Inspection Reports, other data submissions and correspondence shall be delivered to the following address:

U.S. Coast Guard Surface Forces Logistics Center Contracting & Procurement Division (PBPL) Attn: Phyl’licia L. Dixon 2401 Hawkins Point Road, Bldg. 31, LL Baltimore, MD 21226 Contract Number: {To be furnished at time of contract award} Order Number (if applicable): {To be furnished at time of order award} E-mail: phyl’licia.l.dixon@uscg.mil

(B) All items shall be delivered F.O.B. Destination to the following address between the hours of 7:00 a.m. and 12:30 p.m. Monday through Friday:

Commanding Officer USCG Surface Forces Logistics Center Receiving Room - Bldg. 88 2401 Hawkins Point Road Baltimore, MD 21226 Contract Number: {To be furnished at time of contract award} Order Number: {To be furnished at time of order award}

Inspection will occur at the contractor’s facility. Acceptance will occur at the delivery addressee.

INSPECTION AND ACCEPTANCE

MATERIAL INSPECTION AND RECEIVING REPORT

At the time of delivery of GFP under this contract, the contractor shall prepare and furnish to the Government a DHS 700-21, Material Inspection and Receiving Report. The receiving report must include:

· An authorization number such as the contract/delivery order number

· Product or service description, including name, part number, serial number and National Stock Number (NSN)

· Quantities shipped (if applicable)

· Date(s) property or services were accepted

· Signature, printed name, title, telephone number and mailing address of the receiving official

One (1) copy of the DHS Form 700-21 shall be sent to the Contract Specialist upon shipment/delivery of any GFP deliverable hereunder, clearly marked “Information Only.”

U.S. COAST GUARD INSPECTION (ORIGIN)

The contractor shall be responsible for the performance of all inspection requirements in accordance with Specification Number P-260-0460 Revision C, dated 03/2016, updated 06/02/2020, entitled “Component Overhaul & Parts Purchase for MTU Propulsion Engines 8V396 TE 94” (Attachment 1).

Contractor shall maintain an inspection system that meets the requirements of ANSI/ASQS Q90003 and is available for review by the U.S. Coast Guard. All testing and inspection shall be at the Contractor’s facility or other facilities acceptable to the Government.

The Government reserves the right to verify or have performed any of the inspection/tests set forth in the specification where such inspections are deemed necessary to ensure that supplies or services conform to the prescribed requirements. Contractor shall furnish to the Contracting Officer advance notification when the supplies or services furnished in accordance with this contract are ready for Government inspection. This advance notification may be made by e-mail and shall not be less than seven (7) working days prior to inspection. The contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements prior to Quality Assurance (QA) Inspection.

GOVERNMENT ACCEPTANCE (DESTINATION)

Final acceptance of the supplies or services furnished in accordance with this contract shall be made at destination by a Government Representative. Acceptance shall be contingent upon the Representative's verification of no damage in transit, correctness and completeness of the order and the contractor’s conformance to preservation/packaging, packing and marking requirements for this requirement.

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

As required 45 calendar days from receipt of GFP

USCG review and approval of Inspection Reports

Five (5) calendar days after receipt of Inspection Reports

60 calendar days after Contracting Officer approval of the Inspection Reports

As required 90 calendar days after receipt of delivery order

NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED

Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may be considered nonresponsive and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

___ calendar days from receipt of GFP

USCG review and approval of Inspection Reports

Five (5) calendar days after receipt of Inspection Reports

___ calendar days after Contracting Officer approval of the Inspection Reports

As required ___ calendar days after receipt of delivery order

NOTE: PARTIAL SHIPMENTS SHALL BE ACCEPTED

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer may be considered nonresponsive and may be rejected.

(End of Clause) VIII. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE.

(ADDENDUM)

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

B. The contracting officer has determined there is a probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit other than cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

ALL CONTRACTORS ARE RESPONSIBLE FOR VERIFYING RECEIPT OF THEIR PROPOSALS.

REQUIRED DOCUMENTS:

Each offeror shall furnish the information required by the solicitation to the contract specialist listed below in section XV, which includes:

1. Company address; point of contact name, phone number and e-mail address; DUNS number; cage code; small business status and company’s business size

2. Valid MTU or Rolls-Royce Power Systems AG Distributor Agreement

3. MTU Training Certifications

4. Contractor Experience

5. Two (2) CPARS assessments or Past Performance questionnaires if no CPARS assessments for relevant work performed within the past three (3) years from the solicitation closing date exist

6. Schedule of Supplies and Prices filled out with a cost associated with each priced CLIN, see Attachment 4 and Attachment 6 of this solicitation

7. Warranty terms and conditions

8. Address where all work will be performed

9. Completed copy of provision 52.212-3 Offeror Representations and Certifications – Commercial Items

10. Proposed delivery schedule, if different from required delivery schedule

11. Invoicing point of contact

12. Signed SF 30 Amendment(s), if applicable

PLEASE NOTE: PROPOSALS THAT DO NOT INCLUDE ALL REQUIRED DOCUMENTS MAY BE CONSIDERED INCOMPLETE AND MAY NOT BE CONSIDERED

QUESTIONS

Contact the contract specialist listed in section XV with any questions. The last day to ask questions regarding this solicitation is five (5) days prior to the closing date of this solicitation. After this date further requests may not be accepted due to time constraints.

INCURRED COSTS

The USCG shall not be liable for any cost incurred by the offerors in submitting Proposals in response to this solicitation, including any site visits by offerors.

CLARIFICATION OF SPECIFICATIONS AND DATA

Offerors should carefully examine the specifications and fully inform themselves as to all conditions and matters which can in any way affect the work or the cost thereof. An offeror that finds discrepancies in, or omission from, the specifications, or other documents, or is in doubt as to their meaning, should at once notify the Contracting Officer.

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 offeror is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.

IX. FAR 52.212-2 - EVALUATION—COMMERCIAL ITEMS (OCT 2014) (ADDENDUM)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

· Factor 1 – Technical Plan

· Sub-factor 1 – Valid MTU or Rolls-Royce Power Systems AG Distributor Agreement

· Sub-factor 2 – MTU Training Certifications

· Sub-factor 3 – Contractor Experience

· Factor 2 – Past Performance

· Factor 3 – Price

Technical and past performance when combined are significantly more important than price. Among the non-price factors, technical is more important than past performance. Price becomes more important when the technical and past performance evaluation ratings are equal.

1. EVALUATION FACTORS

1.1 Factor 1: Technical

1.1.1 Sub-factor 1: Valid MTU Distributor Agreement

a. Submission Requirements: Contractors shall provide a letter from MTU, on MTU letterhead, signed by an MTU representative, including the MTU representative’s title, phone number, and email, stating that the contractor has a valid distributor agreement either with MTU or Rolls-Royce Power Systems AG. The letter shall either be dated with the current year 2020 or shall provide a date or range of dates that the distributor agreement is valid until that encompasses the current year 2020. The letter shall state that the company is authorized to sell and service all MTU products or specifically the MTU 8V396TE94 engine system. The contractor must maintain a valid MTU or Rolls-Royce Power Systems AG Distributor Agreement for the life of the resulting contract and must immediately inform the USCG if there are any changes to the distributor agreement.

b. Minimum Requirement: This will be a go/no go evaluation. A company providing a distributor agreement letter from MTU adhering to the submission requirements stated above will be considered to have a valid MTU or Rolls-Royce Power Systems AG Distributor Agreement. The subsequent contract will require the awardee to maintain a distributor agreement with MTU or Rolls-Royce Power Systems AG and to notify the USCG immediately if there is any change to the distributor agreement.

1.1.2 Sub-factor 2: MTU Training Certifications

a. Submission Requirements: Offerors must provide copies of the MTU M3 and E3 training certificates for at least one technician trained to the level of MTU’s standards meeting MTU M3 and one technician trained to the level of MTU’s standards meeting MTU E3. One technician holding both of these certifications will satisfy this requirement.

b. Minimum Requirement: This will be a go/no go evaluation. MTU training certification certificates submitted that have the MTU logo and that adhere to the submission requirements stated above will fulfill this requirement.

1.1.3 Sub-factor 3: Contractor Experience

a. Submission Requirements: Contractor must demonstrate/prove their experience performing successful overhaul of the 8V396TE94 series MTU Main Diesel Engine System’s component repairable parts (approximately 1,000 annually) listed in attachment 1 Specification Number P-260-0460 or remanufacture of MTU 396 series main diesel engines within the past ten (10) years from the date of this solicitation. The experience must include all aspects of the overhaul to include performance testing, updating and installing electronic component software, internal preservation and special packing in accordance with (IAW) MTU fluids & lubricants specification. Additionally, the contractor must demonstrate the logistical ability to perform packing, marking, labeling, bar coding and shipping large volumes of service-ready parts (approximately 8,000 annually) IAW attachments 2 and 3 Service Ready Parts Purchase Specification and Barcode Label Example within the past ten (10) years from the date of this solicitation. The page limit for this sub-factor is three (3) pages. Do not submit a company manual. The contractor must detail in their proposal their prior experience providing the approximate volume of overhauled engine components or remanufacture of MTU 396 series main diesel engines and providing service-ready parts needed for this requirement to their prior customer.

b. Minimum Requirement: The purpose of the contractor experience sub-factor is to assess the offeror's experience, as detailed in its proposal, and whether that experience proves the offeror’s ability to satisfy the Government's requirements:

i. Component Overhauls:

1. The contractor shall detail prior experience receipting, inspecting, disassembling, cleaning and providing inspection reports for approximately 1,000 repairable components annually or remanufacture of MTU 396 series main diesel engines.

2. The contractor shall detail prior experience providing all labor, equipment, special tools and materials required to overhaul units in accordance with the specifications for this requirement or remanufacture of MTU 396 series main diesel engines.

ii. Parts Purchase: The contractor shall provide a price list of parts associated with the MTU 8V396TE94 engine in attachment 4 – Schedule of Supplies and Prices utilizing attachment 2 – 2019 Service Ready Parts Purchase Specification and attachment 3 Barcode Label Example to determine pricing.

iii. Testing: The contractor shall detail prior experience completing testing on overhauled components or remanufactured MTU 396 series main diesel engines and providing test data results when required.

iv. Quality Assurance: The contractor shall detail prior experience maintaining an inspection system for all engine components in accordance with the specifications for this requirement or for the remanufacture of MTU 396 series main diesel engines.

v. Preservation, Packaging, Packing, Marking and Bar-Coding: The contractor shall detail prior experience individually packaging and marking each engine component in accordance with the specifications for this requirement or each remanufactured MTU 396 series main diesel engine and service-ready parts in accordance with the specifications for this requirement.

vi. Warranty: The contractor shall detail prior experience providing the standard manufacturer’s warranty services for MTU engine components or remanufactured MTU 396 series main diesel engines and MTU parts.

1.2 Factor 2: Past Performance

a. Submission Requirements: Two (2) CPARS past performance assessments for relevant work performed within the past three (3) years from the solicitation closing date will be used to evaluate a contractor’s past performance. The contractor must identify the most recent and relevant CPARS assessments and submit copies of those assessments with their proposal. If a contractor does not have any CPARS assessments for relevant work performed within the past three (3) years from the solicitation closing date, the contractor shall identify two (2) contracts or delivery/purchase orders for performing this type of requirement (supplying of approximately 1,000 overhauled components annually or remanufacture of MTU 396 series main diesel engines and 8,000 Original Equipment Manufacturer ((OEM)) parts annually in support of MTU 396 series main diesel engines) for the USCG, federal, state or local government or private contracts and have a past performance questionnaire completed, attachment 5 of the solicitation for the contracts or delivery/purchase orders identified. The past performance reference will e-mail the past performance questionnaire directly to the Contract Specialist by the closing date and time of the solicitation. Contracts/orders submitted for past performance shall have been performed within the past three (3) years from the solicitation closing date. In order to determine that the CPARS assessments are for relevant work performed, the contractor shall provide the following information (two (2) page limit for each assessment):

i. Contract/Order Number and Project Location

ii. Type and Size of Facility

iii. Total Contract/Order Value (Original and Final)

iv. Contracting Officer Name, Phone Number & E-mail

v. Contract/Order Description, including how many components were overhauled annually, and how many parts were supplied annually

vi. Contract/Order Type (Firm Fixed-Price, IDIQ, Requirements, Cost Type)

vii. Required Completion Date for the Contract/Order

viii. Date the Contract/Order was Actually Completed

ix. Government or Private Entity Project Manager Name, Phone Number & E-mail

x. Government or Private Entity Quality Assurance Manager Name, Phone Number & E-mail

b. Minimum Requirement: Past performance will be considered relevant if it is for supplying of approximately 1,000 overhauled components or remanufacture of MTU 396 series main diesel engines and supplying approximately 8,000 OEM parts annually in support of MTU 396 series main diesel engines. In evaluating a Contractors past performance, general trends in a Contractor’s performance will also be considered. References other than those provided by the Offeror may be used by the Government to obtain additional information that will be used in the evaluation of the offeror’s past performance such as government databases and internal organization resources. Contractors may provide information on problems encountered during the performance of any contract/order and any corrective actions the contractor made with their proposal. In the case of a contractor without a record of relevant past performance or for whom information on past performance is not available, the contractor may not be evaluated favorably or unfavorably on past performance.

1.3 Factor 3: Price

a. Submission Requirements: The Schedule of Supplies and Prices attachment 4 of the solicitation shall be completed by the contractor. Prices/discount for all CLINS listed in the schedule shall be filled in. Mandatory parts are listed in attachment 6.

b. Minimum Requirement: Unit prices must include the cost of labor, mandatory parts, shipping free on board (F.O.B.) destination, and the cost of assembly, cleaning, priming, painting, programming, packaging/crating, packing and marking/bar coding. An explanation of any unusual costs shall be included in the proposal. The contractor’s price shall represent the best price in response to the request for proposals. The total contract amount (Estimated Total Overhauls & Parts Purchases for all ordering periods) shall be evaluated to determine whether the proposed prices are fair and reasonable.

2. EVALUATION METHODOLOGY

The Government will award one (1) requirements contract to the offeror determined to provide the best value on the basis of all non-price and price related factors. The evaluation of proposals submitted in response to this solicitation shall be conducted utilizing the tradeoff process to obtain the best value to the Government. As part of the tradeoff determination, the technical and past performance factors will be evaluated utilizing adjectival rating systems and proposals will be ranked using these non-price factors. Price analysis will be performed by comparing the total evaluated price, including all ordering periods, of all technically acceptable proposals. The technical factors are more important than the past performance factor. All technical and past performance factors are significantly more important than price and the Government may award to other than the lowest priced proposal based on the technical and past performance factor ratings.

Rating Methodology and Definitions:

· Factor 1 – Technical Plan

· Sub-factor 1 – Valid MTU or Rolls-Royce Power Systems AG Distributor Agreement Sub-factor 1 is a mandatory requirement. The TET will assign either a “Go” or “No Go” rating when evaluating whether the Offeror has satisfied this requirement. A proposal with a “No Go” rating for this sub-factor will not be evaluated any further and will not be acceptable for award.

· Sub-factor 2 – MTU Training Certifications Sub-factor 2 is a mandatory requirement. The TET will assign either a “Go” or “No Go” rating when evaluating whether the Offeror has satisfied this requirement. A proposal with a “No Go” rating for this sub-factor will not be evaluated any further and will not be acceptable for award

· Sub-factor 3 – Contractor Experience The definitions and combined technical/risk rating chart listed below will be used to evaluate this sub-factor, which includes consideration of risk in conjunction with the strengths, weaknesses, significant weaknesses, uncertainties, and deficiencies in determining the contractor experience rating.

Definitions:

· A significant strength is defined as an element of a proposal which significantly exceeds a requirement of the solicitation in a way that is very beneficial to the Government.

· A strength is defined as an element of a proposal which exceeds a requirement of the solicitation in a beneficial way to the Government.

· A weakness is defined as a flaw in a proposal that increases the chance of unsuccessful performance.

· A significant weakness is a flaw in a proposal that appreciably increases the risk of unsuccessful contract performance.

· A deficiency is defined as a material failure of a proposal to meet a Government requirement to be technically acceptable.

· A clarification is defined as a limited exchange between the Government and an offeror, under a competitively negotiated procurement, that occurs when award on initial proposals is contemplated. Clarifications do not result in the submission of a revised offer or quotation.

· Risk assesses the degree to which the offeror's experience with the Government’s requirements stated in the solicitation may cause disruption of schedule, increased costs, degradation of performance, the need for increased Government oversight, or increased likelihood of unsuccessful contract performance.

· Factor 2 – Past Performance There are three aspects to the past performance evaluation: recency, relevancy (including context of data), and quality (including general trends in contractor performance and source of information). The definitions and past performance confidence rating chart listed below will be used to evaluate past performance.

Definitions:

· Recency: First, the recency of the offeror's past performance will be evaluated. Relevant past performance performed within the past three (3) years from the closing date of this solicitation is the minimum basis upon which the recency of an offeror’s past performance will be evaluated.

· Relevance: Second, how relevant the recent effort accomplished by the offeror is to the effort to be acquired through this source selection will be determined. The minimum basis for relevant past performance will be for supplying of approximately 1,000 overhauled components or remanufacture of MTU 396 series main diesel engines and supplying approximately 8,000 service-ready, OEM parts annually in support of MTU 396 series main diesel engines. With respect to relevancy, past performance of greater relevancy will typically be a stronger predictor of future success and have more influence on the past performance confidence assessment than past performance of lesser relevance.

· Quality of Products or Services: Thirdly, the overall quality of the offeror's recent and relevant past performance will be evaluated. The past performance evaluation process gathers information from various sources on how well the offeror performed recent and relevant past contracts. The PE will review all past performance information collected and determine the quality of the offeror's performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment. A separate quality assessment rating will not be provided; rather, the past performance confidence assessment rating is based on the offeror's overall record of recent and relevant performance and the quality of that performance.

In the case of offerors for which there is no information on past contract performance or where past contract performance information is not available, the offeror may not be evaluated favorably or unfavorably on the factor of past performance. In this case, the offeror's past performance is unknown and assigned a performance confidence rating of "Neutral." For this requirement a "Substantial Confidence" or "Satisfactory Confidence" past performance rating is worth more than a "Neutral" past performance rating.

· Factor 3 – Price

Price Analysis will be performed by comparing the total evaluated proposed prices, including all ordering periods. Competition among offerors will establish price reasonableness. There are three possible outcomes of the comparative analysis:

· The proposal with the lowest total evaluated price is superior in terms of non-cost factors;

· There are no meaningful distinctions between the non-cost portions of the proposals;

· The proposal with the lowest total evaluated price is not superior in terms of non-cost factors.

In the first two outcomes, the decision is fairly clear that the award should be made to the lowest evaluated priced offeror. However, in the case of the third outcome, the Government must consider whether or not the benefits of the non-cost strengths in a higher rated proposal warrant the additional price premium. This tradeoff analysis among competing proposals requires a great deal of judgment in determining which proposal is most advantageous to the Government.

The Government intends to award a contract based on the initial offers and without discussions, although clarifications (as defined in FAR 15.306(a)) may be needed. If discussions are held, the Government will conduct discussions with all companies that have been found to be technically acceptable and request final proposal revisions.

(b) Ordering Periods. The Government will evaluate offers for award purposes by adding the total price for all ordering periods to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the ordering period prices are significantly unbalanced.

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

(End of Provision)

X. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 2020) applies to this solicitation and is incorporated by reference. Offerors must include a completed copy with its offer. Offerors must be registered in SAM.gov to receive award.

FAR 52.204-20 - PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision– Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name).

(End of provision) FAR 52.204-24 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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.

(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);

(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)

FAR 52.204-26 - Covered Telecommunications Equipment or Services-Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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) 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.

(End of Provision)

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)…