SOLICITATION NOTICE
28 -- SEMT PIELSTICK 12,000 HOUR MAIN ENGINE OVERHAUL KIT USNS ERICSSON
- Notice Date
- 12/15/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 333618
— Other Engine Equipment Manufacturing
- Contracting Office
- Department of the Navy, Military Sealift Command, MSFSC Norfolk, Building SP-64, 471 East C Street, Norfolk, Virginia, 23511, United States
- ZIP Code
- 23511
- Solicitation Number
- N40442-12-T-1014
- Archive Date
- 1/6/2012
- Point of Contact
- Robert McDermott, Phone: 757-443-5963
- E-Mail Address
-
robert.mcdermott1@navy.mil
(robert.mcdermott1@navy.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis / solicitation for commercial items prepared in accordance with the format in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Military Sealift Fleet Support Command (MSFSC), Naval Station Norfolk, VA intends to award a firm-fixed price purchase order from the following notice: Solicitation Number: N40442-12-T-1014 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-54 effective 02 December 2011. NAICS Code 333618 applies. This is a sole source procurement to either Fairbanks Morse Engine or Motor Services Hugo Stamp. Test Program for Commercial Items: This requirement will be awarded using the procedures under FAR Part 13.5 Test Program for Commercial Items of the Clinger-Cohen Act of 1996. The following FAR Part 13 Simplified Acquisition Procedures shall be used: Quotes shall be solicited and a purchase order issued to the successful offer who submits the lowest price with acceptable technical and past performance evaluation. Award will be made for all parts. FAR Part 13 Purchase Order procedures shall supersede any contrary procedures set forth or incorporated by reference in this solicitation. Part Number: T12619340 Description: 12,000 Hour Main Engine Overhaul kit QTY: 20 KT Manufacturer: MAN Diesel SAS - SEMT Pielstick End Item Application: Engine Diesel 10PC4.21V570CW 16,500 HP STBD The required delivery date for all items listed above is 31 Aug 2012 The delivery address is: MSC BATS Warehouse, 9284 Balboa Ave, San Diego, CA 92123. The following FAR provisions and clauses apply to this solicitation and are hereby incorporated by reference: 52.204-4 Printed or Copied Double-Sided on Recycled Paper; 52.204-7 Central Contractor Registration; 52.212-1 Instructions to Offerors - Commercial Items 52.212-3 Alt I Offeror Representations and Certifications - Commercial Items (Offerors are advised to include a completed copy of this provision with their quote or a statement stating that it is available via the ORCA website, http://orca.bpn.gov.) 52.212-4 Contract Terms and Conditions - Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items Clauses within 52.212-5 are hereby incorporated: 52.203-6 Restrictions on Subcontractor Sales to the Government 52.204-10 Reporting Subcontract Awards 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.219-8 Utilization of Small Business Concerns 52.222-3 Convict Labor 52.222-19 Child Labor - Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity; Special disabled Veterans of the Vietnam Era, and other Eligible Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Special Disabled Veterans of the Vietnam Era, and Eligible Veterans 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 52.223-18 Contractor Policy to Ban Texting while Driving 52.225-13 Restrictions on Certain Foreign Purchase 52.232-33 Payment by Electronic Funds Transfer- Central Contractor Registration 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52.222-50 Combatting Trafficking in Persons 52.222-99 Notification of Employee Rights under the National Labor Relations Act 52.225-18 Place of manufacture 52.229-3 Federal State, and local Taxes 52.232-18 Availability of Funds; 52.247-34 FOB Destination; 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. The following FAR provisions and clauses apply to this solicitation and are hereby incorporated by full text: 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (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); and (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.; and (D) Have [ballot], have not [ballot], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (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. Sec. 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. Sec. 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. Sec. 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). (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 nonresponsible. (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. (End of provision) 52.216-1 Type of Contract The Government contemplates award of a Firm Fixed price contract resulting from this solicitation. 52.233-2 Service of Protest (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed direct with an agency and copies of any protest 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 form Military Sealift Fleet Support Command, N10 Attn: Henry Bijak, 471 "C" Street, Naval Station Norfolk, VA 23511. (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) Addendum to 52.233-2 Service of Protest Interested parties may request an independent review of their protest as an alternative to consideration by the Contracting Officer or as an appeal of the contracting officer's decision on their protest. See FAR 33.103. Requests for independent review shall be addressed to Code N10 or N10X Military Sealift Command, 914 Charles Morris Ct SE, Washington Navy Yard, DC 20398-5540. MSFSC encourages potential protesters to discuss their concerns with the Contracting Officer prior to filing a protest. (End of provision) 52.252-2 CLAUSES INCORPORATED BY REFERENCE 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): http://farsite.hill.af.mil/ http://acquisition.gov/far/index.html http://www.arnet.gov/far/ (End of clause) 52.252-1 -- Solicitation Provisions Incorporated by Reference. 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): http://farsite.hill.af.mil/ http://acquisition.gov/far/index.html http://www.arnet.gov/far/ (End of Provision) The following DFAR provisions and clauses apply to this solicitation and are hereby incorporated by reference: 252.204-7004(Alt A) Required Central Contractor Registration 252.204-7008 Export - Controlled Items 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country 252.211-7003 Item Identification and Valuation 252.211-7003 (ALT I) Item Identification and Valuation 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Application to Defense Acquisition of Commercial Items Clauses within 252.212-7001 are hereby incorporated: 52.203-3 Gratuities 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.225-7001 Buy American Act and Balance of Payment Program 252.225-7008 Restrictions on Acquisition of Specialty Metals 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals 252.225-7012 Preference for Certain Domestic Commodities 252.232-7003 Electronic Submission of Payment Requests 252.243-7002 Request for Equitable Adjustment 252.247-7023 Transportation of Supplies by Sea 252.232-7010 Levies on Contract Payment 252.246-7003 Notification of Potential Safety Issues The following DFAR provisions and clauses apply to this solicitation and are hereby incorporated by full text: 252-212-7000 Offeror Representations and Certification - Commercial items (a) Definitions. As used in this clause- (1) "Foreign person" means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) "United States person" is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___________Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___________Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 252.225-7000 Buy American Act Balance of Payment Program Act (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": Line Item Number Country of Origin (If known) (End of provision) WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM). WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats. Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board. All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. (End of provision) SHIP & BASE ACCESS (For all solicitations and contracts) Vendors are responsible for correctly submitting forms/applications. Vendors are encouraged to monitor email using "Request a Read Receipt" function and to confirm receipt of facsimile transmissions. Due to enhanced security measures, ship and base access is required for pre-award ship visits (e.g. ship-check) and for contract performance. Specifically the following permissions are required: 1. El Paso Intelligence Center (EPIC) personnel screening requirement 2. Base/Repair Facility Access Request 3. Vehicle Access Request 4. Ship Access List (vendor-provided) All forms are available for download on the MSC contracts webpage at http://www.msc.navy.mil. Click on "Contracts" in the upper right corner. "EPIC template" is under "Reference" subheading. Click on "Online Library of Common Documents" for all other forms. EPIC: Required for access to MSC vessels. Complete EPIC form strictly adhering to format requirements and forward to (CONUS East Coast repairs) MSFSC(underscore)EPIC(underscore)EAST@navy.mil and (CONUS West Coast and HI repairs) MSC.SSUSD.EPIC@NAVY.MIL. EPIC personnel screening requests are desired seven calendar days prior to performance start date. Requests will be managed as expeditiously as circumstances permit. Vendor will be notified by MSFSC of personnel who are denied access to the vessel. Base/Repair Facility Access: Permit is required to access Navy facilities. Base/Repair Facility Access Request is desired seven days prior to ship check or performance start date. Submit forms per the document instruction and to the Port Engineer. A courtesy copy (CONUS West Coast performance locations only) to Ermanno Magliulo, Engineering Director, at ermanno.magliulo@navy.mil will be appreciated. RAPIDGate® is being implemented for access to DoD facilities in CONUS, HI, Guam and Puerto Rico. Vendor is responsible to acquire RAPIDGate® status and destination base individual access badge(s) activation prior to performance start date. Delays that may result from inadequate planning are contractor responsibility. Vendor instructions and program information is available at http://www.RAPIDGate.com or tel. 877.727.4342. RAPIDGate® access requires (in succession) (1) Individual Base Commander approval for vendor to access base, (2) Successful vendor RAPIDGate® company annual enrollment, (3) Company employee individual enrollment and possession of RAPIDGate® identification badge for single base or multiple base (enterprise) access. Vendor is responsible to confirm that each employee held annual RAPIDGate® badge is active for the specific facility and performance period in accordance with RAPIDGate® User Agreement (http://www.RAPIDGate.com). Additional access permissions may be required such as Navy Base Point Loma "Enclave Access request form". Vehicle Access: Required for vehicle access to Navy facilities. Follow supplemental instructions on Base Access forms or base-specific vehicle access forms. Ship Access List* (Vendor-Provided): On company letterhead attachment via email, the vendor is required to provide the ship master (courtesy copy the Port Engineer) with an accurate, current list of performing personnel prior to being admitted aboard the vessel. Under no circumstances will a hand-delivered list be accepted. MSFSC INVOICE INSTRUCTIONS FOR SHIPPING CHARGES At the time of invoice, a shipping receipt must be provided to substantiate shipping or freight charges greater than $25.00. Responsible sources shall provide the following: 1. Price quote which identifies the requested item(s), unit price, and extended price 2. Total price 3. Prompt Payment Terms 4. Remittance address, Tax Identification Number, DUNS number and Cage Code 5. Responses to this solicitation are due 22 Dec 2011 at 1400 (2:00 PM) local time, Norfolk, VA. LATE QUOTES WILL NOT BE CONSIDERED FOR EVALUATION. Quotes may be emailed to robert.mcdermott1@navy.mil. Please reference the solicitation number on your quote. BASIS FOR AWARD: Award will be based on low price with acceptable technical and past performance evaluation.
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