SOLICITATION NOTICE
J -- Overhaul of Woodward brand Governors - Solicitation Attachments - Brand Name Justification
- Notice Date
- 3/2/2017
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 333618
— Other Engine Equipment Manufacturing
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), USCG Surface Forces Logistics Center (SFLC), 2401 Hawkins Point Road, Building 31, Mail Stop 26, Baltimore, Maryland, 21226-5000, United States
- ZIP Code
- 21226-5000
- Solicitation Number
- HSCG40-17-Q-31702
- Archive Date
- 4/18/2017
- Point of Contact
- Allen A. Tillman, Phone: (410) 762-6472
- E-Mail Address
-
allen.a.tillman@uscg.mil
(allen.a.tillman@uscg.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Brand Name Justification Attachment F - Blank Proposed Price List (Please fill in) Attachment E - Delivery Schedule Attachment D- Bar Coding Specification D-000-0100 Attachment C- Specification R-233-0320 Attachment B - Parts List Attachment A - Statement of Work (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement is being procured using procedures prescribed in FAR Part 12 and FAR Subpart 13.5. 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). Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester's concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. The Ombudsman Hotline telephone number is (202) 372-3695. (ii) The solicitation number is HSCG40-17-Q-31702; this solicitation is issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-94/95, effective January 19, 2017. (iv) This requirement will be set aside for small businesses; the associated NAICS code is 333618. The product / service code is J028. The small business size standard is 1,500 employees. (v) Due to the size, a list of contract line item numbers including items, estimated quantities and units of measure, (including options) are within Attachment A - Statement of Work. (vi) The United States Coast Guard (USCG) has a need for the overhaul of Woodward Governor brand-name Governors: Description NSN Cutter Gas Turbine Governor 2835-01-326-9626 WHEC Gas Turbine Governor 2990-01-515-6718 WHEC Gas Turbine Governor 2910-01-515-6821 WHEC Diesel Engine Governor 2990-01-386-8191 WHEC Diesel Engine Governor 2990-01-329-8355 WHEC Diesel Engine Governor 2910-01-215-0459 WPB Diesel Engine Governor 2910-01-467-9285 WPB Diesel Engine Governor 2910-01-209-6294 WMEC Diesel Engine Governor 2990-01-148-9821 WMEC Diesel Engine Governor 2990-01-122-3873 WMEC Diesel Engine Governor 2910-01-481-4014 WMEC Diesel Engine Governor 2910-01-225-7497 WAGB Diesel Engine Governor 2990-01-226-1107 WAGB Diesel Engine Governor 2910-01-090-1151 WAGB Diesel Engine Governor 2910-01-352-7027 WTGB Diesel Engine Governor 2910-01-509-7773 WTGB Diesel Engine Governor 3010-01-417-1986 WLB Diesel Engine Governor 2910-01-424-1185 WLB Diesel Engine Governor 2910-01-430-0125 WLM The Governors will be used to repair and occasionally replace existing Woodward brand Gas Turbine and Diesel Engine Governors used on board United States Coast Guard 400' WAGBs, 378' WHECs, 225' WLBs, 175' WLMs, 210' WMECs, 270' WMECs, 110' WPBs, and 140' WTGBs class cutters. This solicitation will establish a requirements contract with the selected offeror, which task orders and occasionally delivery orders will be issued for repairs or parts necessary. Additional descriptions of items associated with this solicitation are within Attachment A - Statement of Work and Attachment C - Specification R-233-0320. (vii) USCG requires delivery of all items on or before seventy-five (75) days of task order/delivery order issuance. All items will be delivered to United States Coast Guard, Surface Forces Logistics Center, 2401 Hawkins Point Rd., Building 88, Baltimore, MD 21226. The F.O.B. point for this acquisition is destination. (viii) The provision at 52.212-1, Instructions to Offerors - Commercial (Oct 2015), applies to this acquisition. (ix) The provision at 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this acquisition: FAR 52.212-2 Evaluation - Commercial Items (Oct 2014) Full Text - (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: • Technical Capability of the item offered to meet the Government requirement o Offeror must be able to fulfill the required delivery schedule. o Offeror must show proof of ability to provide OEM parts. • Price • Past Performance Technical and past performance, when combined, is approximately equal when compared to price. Technical Capability is more important than past performance. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) (x) Offerors please include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items (Jan 2017) with your offer. Please be aware failure to provide a completed copy may result in elimination of quote due to nonconformance. (xi) FAR clause at 52.212-4, Contract Terms and Conditions - Commercial Items (Jan 2017) Alternate I (Jan 2017), applies to this acquisition. (xii) FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statues or Executive Orders - Commercial Items (Jan 2017), applies to this acquisition. The below FAR clauses cited in the clause are applicable to this acquisition: (a) FAR52.203-6 Restrictions on Subcontractor Sales to the Government. Alternative I (Oct 1995) (b) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (c) FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (d) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (e) FAR 52.219-8 Utilization of Small Business Concerns (Nov 2016) (f) FAR 52.219-28 Post Award Small Business Program Representation (Jul 2013) (g) FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015) (h) FAR 52.222-3 Convict Labor (Jun 2003) (i) FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies (Oct 2016) (j) FAR 52.222-26 Equal Opportunity (Sep 2016) (k) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (l) FAR 52.222-37 Employment Reports on Veterans (Feb 2016) (m) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (n) FAR 52.222-50 Combating Trafficking in Persons (Mar 2015) (o) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (p) FAR 52.225-1 Buy American - Supplies (May 2014) (q) FAR 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) (xiii) The below contract requirements have been determined by the Contracting Officer to be necessary for this acquisition and consistent with customary commercial practices and Federal, DHS, and Coast Guard regulations. ORDERING PROCEDURES (a) Orders may be placed by any warranted Contracting Officer employed by the United States Coast Guard. The Contracting Officer's Representative is not allowed to issue or sign orders for purchases or services. Order format is based on the fiscal year the order is issued in. For example: A fiscal year 2017 order will be as follows - HSCG40-17-D-31702 17-0001; all subsequent order within the fiscal year will be in sequential order i.e. 17-0002, 17-0003. A fiscal year 2018 order will be as follows - HSCG40-17-D-31702 18-0001. (b) Orders placed against this contract will be issued unilaterally on form OF-347. Any order issued over the maximum ordering limits will be issued bi-laterally on form SF-1449. All modifications to the contract and any order modifications will be issued on form SF-30. (c) Task orders will typically be issued in the following format: 1. First line will cover all pre-established labor and material cost (including any reports). 1A. The second line will be a time and materials line with a ceiling amount. The ceiling amount covers estimated contingency parts and consumables. Based on the contractor's pre-repair inspections, the contractor is authorized to proceed if estimated repair costs are below the ceiling amount. If the estimated repair costs exceed the ceiling amount, the Contractor must receive Contracting Officer's approval through an order modification to continue or start the repairs. INVOICING REQUIREMENTS (a) All information set forth in FAR Clause 52.212-4 Contract Terms and Conditions - Commercial Items must be included in an invoice for it to constitute a proper invoice. (b) An original invoice shall be submitted to the following designated payment office: All supplies ordered under the contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address: U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Delivery Order / Task Order: ________________ All invoices must contain the following information to constitute a proper invoice: (1) Name and address of Contractor (2) Invoice date (3) Contract Number (4) Description, quantity, unit of measure, unit price and extended price (5) Terms of any prompt payment discounts offered (6) Dun & Bradstreet (DUNS) Number (7) Federal Tax Identification Number (8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s). Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The awarded Contractor is encouraged to assign an identification number to each invoice. Failure to submit invoices directly to this office will delay prompt payment of your invoice. A copy of any invoice submitted for payment must also be forwarded to the Contract Specialist and Contracting Officer clearly marked "Information only." For additional terms and conditions, please see Attachment A - Statement of Work. Below are additional provisions and clauses required by the FAR, CGAP, or Department of Homeland Security necessary for this acquisition: 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 quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov (End of provision) FAR 52.252-2 Clauses Incorporated by Reference. (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov (End of clause) Clauses and provisions incorporated by reference: (a) FAR 52.202-1, Definitions (Nov 2013) (b) FAR 52.203-3, Gratuities (Apr 1984) (c) FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) (d) FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) (e) FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) (f) FAR 52.204-7, System for Award Management Number (Jul 2013) (g) FAR 52.204-13, System for Award Management Maintenance (Jul 2013) (h) FAR 52.204-18, Commercial & Government Entity Code (Jul 2015) (i) FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) (j) FAR 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (k) FAR 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (l) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (m) FAR 52.217-5, Evaluation of Options (Jul 1990) (n) FAR 52.217-6, Option for Increased Quantity (Mar 1989) (o) FAR 52.217-8, Option to Extend Services (Nov 1999) (p) FAR 52.219-14, Limitations on Subcontracting (Nov 2011) (q) FAR 52.225-8, Duty Free Entry (Oct 2010) (r) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) (s) FAR 52.242-15, Stop-Work Order (Aug 1989) (t) FAR 52.245-1, Government Property (Apr 2012) (u) FAR 52.245-9, Use and Charges (Apr 2012) (v) FAR 52.246-2, Inspection of Supplies - Fixed Price (Aug 1996) (w) FAR 52.246-4, Inspection of Services - Fixed Price (Aug 1996) (x) FAR 52.246-15, Certificate of Conformance (Apr 1984) (y) FAR 52.246-16, Responsibility for Supplies (Apr 1984) (z) FAR 52.247-34, F.O.B. Destination (Nov 1991) FAR 52.207-4 Economic Purchase Quantity-Supplies (Aug 1987) (a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government. ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ (b) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well. Offeror Recommendations Item Quantity Price Quotation Total (c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and re-solicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired. (End of provision) FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative 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 database via https://www.acquisition.gov (see 52.204-7). (End of provision) FAR 52.215-20 Requirement for Certified Cost or Pricing Data and Data or Information Other Than Certified Cost or Pricing Data Alternative IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: 1. Upon Contracting Officer's request, actual prices paid for materials, which must include receipts, invoices, or actual documentation of purchase price. 2. If materials are produced in house please provide a breakdown of labor, consumables, material used and receipts, invoices, or actual documentation of purchase prices. 3. If the items have been sold to a Federal entity or business previously, please provide data to show prices paid or amounts invoices for. The Contracting Officer may obtain access to records necessary to permit an adequate evaluation of the proposed prices in accordance with the terms and conditions of this solicitation. (End of provision) FAR 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a requirements (with both firm fixed priced and time & material contract line items) contract resulting from this solicitation. FAR 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 06/05/2017 through 06/04/2022. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) FAR 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $1,000,000.00; (2) Any order for a combination of items in excess of $1,000,000.00; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) FAR 52.216-21 Requirements (Oct 1995) Alternate I (Apr 1984) (a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 06/04/2022. (End of clause) FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition. (Feb 2007) (a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by- (1) The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. (End of provision) FAR 52.217-9 Option to Extend the Term of the Contract. (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. (End of clause) FAR 52.233-2 Service of Protest (Sept 2006) (a) Protests, as defined in section 33.101 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 Ryan dela Cruz. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) HSAR 3052.209-79 Representation by Corporations regarding a Felony Criminal Violation under any Federal or State Law or Unpaid Federal Tax Liability (Feb 2014) (DHS FAR Class Deviation 14-02) (a) In accordance with sections 561 and 562 of Division F, Title V of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), none of the funds made available by that Act may be used to enter into a contract with any corporation that: (1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agency, and made a determination that this further action is not necessary to protect the interests of the Government. (2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that: [Offeror please mark] (1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (c) If the offeror represents in (b) above that it is a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal or State law within the preceding 24 months, or that it is a corporation that has unpaid Federal tax liability that has been assessed, the offeror shall provide all information related to the felony or tax liability within 3 business days of the Government's request. (End of provision) HSAR 3052.212-70 Contract Terms and Conditions applicable to DHS Acquisition of Commercial Items (Sep 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. 3052.205-70 Advertisement, Publicizing Awards, and Releases. 3052.242-72 Contracting Officer's Technical Representative. 3052.247-72 F.o.B. Destination Only. (End of clause) (xiv) The Defense Priorities and Allocations System doesn't apply to this procurement. (xv) Offerors shall submit quotes as follows - Vendors shall submit an electronic copy of your firm's quotation to Allen Tillman at allen.a.tillman@uscg.mil using WinZip software no later than April 3, 2017 at 1:00pm (EST). All submissions shall include HSCG40-17-Q-31702 in the subject line of the email. The WinZip password shall be submitted under a separate email by the aforementioned date and time. There is not a character length or mixed case requirement imposed on your password. These submission instructions will also apply to any future correspondence, as applicable, in response to this solicitation. REQUIRED DOCUMENTS: Each Offeror shall furnish the information required by the solicitation, which includes: Section 1: Price Quote (Please fill-in Attachment F); Section 2: Technical Proposal (Please include DUNS Number & SAM registration expiration); Section 3: Past Performance / References Proposal (This section should include the offerors completed representations and certifications.); and Section 4: Any issued amendments to the solicitation. Quote page limit is 20 pages, excluding the pricing of the CLINs; font size 12 maximum. ANTICIPATED AWARD DATE: The contract is expected to be awarded on or about June 6, 2017. QUESTIONS: The last day to ask questions is March 20, 2017 at 2:00PM, Eastern Standard Time (EST). Questions shall be submitted via e-mail to allen.a.tillman@uscg.mil. After this date, unless amended, questions will not be accepted. (xvi) For information regarding this solicitation, please contact Allen A. Tillman II at (410) 762-6472. This request for quote has six attachments: Attachment Number Title A Statement of Work B Parts/ Kit List C Specification R-233-0320 D Specification D-000-100 Rev G. dated 02/06, and entitled "Bar Coding for US Coast Guard Surface Forces Logistics Center Material." E Delivery Schedule F Blank Proposed Price List (Base Year and all options) Please Note: Amendments to this solicitation will be publicized in the same manner as the initial synopsis and solicitation. TECHNICAL EVALUATION: In order for an offer to be determined technically acceptable Offerors must complete the below certification and submit documentation verifying that they are able to provide the parts. "I HEREBY CERTIFY ON BEHALF OF _________________________________ (insert Offeror name), THAT ALL PARTS PROVIDED UNDER THIS CONTRACT SHALL BE NEW GENUINE OEM PARTS." ____________________________________________________ NAME OF AUTHORIZED CORPORATE OFFICER ____________________________________________________ TITLE ____________________________________________________ DATE -OR- If the Offeror is not an authorized OEM repair facility, but plans on utilizing an authorized OEM repair facility for the performance of this contract, the Offeror shall list the name, address, telephone number and point of contract on the following lines. __________________________________________________________ NAME OF AUTHORIZED WOODWARD GOVERNOR PROVIDER ____________________________________________________ STREET ADDRESS, CITY, STATE, ZIP CODE ____________________________________________________ POINT OF CONTACT, TELEPHONE NUMBER Failure to complete this certification, and submit the required supporting documentation with your original quote may render your quote unacceptable and your quote may be rejected. Offerors are required to submit verification in the form of a letter from the authorized distributor; or any other written confirmation fully demonstrating that they have the capability of procuring the required OEM replacement parts. In addition, to determine technical acceptability past performance information is required. The evaluation of past performance information shall be limited to a determination of the Offerors technical acceptability. No comparative rating will be applied to past performance. NOTES: Past performance references should be for work involving the same or similar model and part numbers as those listed in this solicitation. PAST PERFORMANCE REQUIREMENTS Offerors are required to provide references for three (3) contracts completed during the past three (3) years or currently in process for the same or similar items being requested under this solicitation. Contracts listed may include those entered into by the Federal Government, agencies of the state and local governments, and commercial customers. Include the following information for each: 1. Name of Contracting Activity/Commercial Business. 2. Contract Number. 3. Contract Award Date. 4. Contract Completion Date. 5. Contract Value. 6. Two (2) customer points of contact and their daytime telephone numbers. References other than those provided by the Offeror may be contacted by the Government to obtain additional information that shall be used in the evaluation of the Offeror's past performance. PRICE EVALUATION Price evaluation shall be conducted as follows: For all contingency parts/materials, not priced out within the CLIN listing, the Contractor is to provide actual cost of the materials. The actual cost may include, but not limited to, receipts from subcontractors, invoices to subcontractors, or published magazine prices. All firm fixed price CLINs will be evaluated in accordance with FAR subpart 13.106-3. Prices shall be provided for the below CLIN listing in accordance with specifications and standards required- CLIN 0001 through CLIN 0019 and each associated SLINs (Base Year) CLIN 1001 through CLIN 1019 and each associated SLINs (Option Year One (1)) CLIN 2001 through CLIN 2019 and each associated SLINs (Option Year Two (2)) CLIN 3001 through CLIN 3019 and each associated SLINs (Option Year Three (3)) CLIN 4001 through CLIN 4019 and each associated SLINs (Option Year Four (4)) Each CLIN above represents different Governor Part numbers and each associated SLIN is described in detail below. XXXXAA This SLIN represents the Labor for Open, Inspect, and Report for Mandatory Items. For evaluation purposes only, the Coast Guard will apply a quantity of one (1) unit to be multiplied to the Open, Inspect, and Report price for each SLIN XXXXAA to arrive at an evaluated total price. The US Coast Guard will then calculate the sum of all SLINs XXXXAA for each Governor part from Base Year through Option Year Four (4). The proposed Open, Inspect, and Report price shall be set forth firm-fixed price in the contract once awarded for the Base Year and each Option Year. XXXXAB This SLIN represents the Labor for Overhaul, Testing, Repair and Preservation, Packaging, and Marking for Mandatory parts and requires a proposed Firm-Fixed Price for each SLIN from Base Year through Option Year Four (4). For evaluation purposes only, the Coast Guard will apply a quantity of one (1) unit to be multiplied by the proposed fully burdened labor rate and quantity of hours to arrive at a total. The US Coast Guard will then calculate the sum of all SLINs XXXXAB for each Governor part from Base Year through Option Year Four (4). The proposed Labor for Overhaul, Testing, Repair and Preservation, Packaging, and Marking price shall be set forth in the contract once awarded for the Base Year and each Option Year. XXXXAC This SLIN represents the parts needed for Repair, Preservation, Packaging, Packing, Marking, and Contingency Parts. Due to the variation in the needed parts this SLIN, will be on a time & materials basis with a ceiling amount established at order award. All parts listed shall be proposed on a Firm-Fixed Price basis. Any consumables or parts necessary that are not on the CLIN listing can be proposed within quote. Any consumables or parts necessary for the repairs after award must be submitted with documentation showing the actual cost of the material. For evaluation purposes only, the Coast Guard will apply a quantity of one (1) unit to be multiplied by the proposed fully burdened labor rate and quantity of hours to arrive at a total. The US Coast Guard will then calculate the sum of all SLINs XXXXAC for each Governor part from Base Year through Option Year Four (4). The proposed Labor for Overhaul, Testing, Repair and Preservation, Packaging, and Marking price shall be set forth in the contract once awarded for the Base Year and each Option Year. The calculated totals developed for SLINS XXXXAA, XXXXAB, XXXXAC and the Parts list (Attachment 1) will then be added together to generate the aggregated total price for evaluation purposes. The Government may determine that a quote is unacceptable if the prices proposed are materially unbalanced between line or sub-line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. (b) 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. RESPONSIBILITY 1. The Government reserves the right to perform Pre-award surveys for the purpose of further confirming the capabilities of the Offerors. 2. The Offerors must be determined responsible in accordance with the standards of Federal Acquisition Regulation (FAR) Subpart 9.1 to be eligible for award. 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 Other than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations.
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