RFP_1305M218RNMAN0026_REV_2.pdf

SOLICITATION, OFFER AND AWARD

1. This Contract is a Rated Order Under

DPAS (15 CFR 700)

Rating Page of pages 1 35

2. Contract No. 3. Solicitation No. 4. Solicitation Type 5. Date Issued 6. Requisition/Purchase No.

1305M218RNMAN0026

Sealed Bid (IFB) September 28, 2018 - X Negotiated (RFP)

7. Issued By Code AJ930073 8. Address Offer To (If other than item 7) Department of Commerce/NOAA Contract Specialist, Sarah Rall

Eastern Region Acquisition Division (ERAD) Email Address: sarah.rall@noaa.gov 200 Granby Street, 8th Floor Norfolk, Virginia 23510-1811 NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. The proposal shall be sent via electronic email files no later than 12:00 pm. (hour) EST December 10, 2018.

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information Call:

A. Name B. Telephone No. (NO COLLECT CALLS) C. E-Mail Address Sarah Rall Contact in writing via email Sarah.rall@noaa.gov

11. TABLE OF CONTENTS

(x) Sec Description Page(s) (x) Sec Description Page(s) Part I – The Schedule Part II – Contract Clauses X A Solicitation/Contract Form/Table of Contents 1 X I Contract Clauses 16-23 X B Supplies or Services and Prices/Costs 2 Part III – List of Documents, Exhibits and Other Attachments X C Description/Specs./Work Statement 3 X J List of Attachments 24 X D Packaging and Marking 4 Part IV – Representations and Instructions X E Inspection and Acceptance 5

X K Representations, Certifications and Other Statements of Offerors 25-29

X F Deliveries or Performance 6 X G Contract Administration Data 7-8 X L Instr., Conds., and Notices to Offerors 30-33 X H Special Contract Requirements 9-15 X M Evaluation Factors for Award 34-35

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _______________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the data for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount for Prompt Payment (See Section I, Clause No. 52.232-8)

10 Calendar Days 20 Calendar Days 30 Calendar Days _____ Calendar Days

14. Acknowledgment of Amendments The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

Amendment No. Date Amendment No. Date

15A. Name Code Facility 16. Name and Title of Person Authorized to Sign Offer (Type or print) and

Address of Offeror 15B. Telephone No. (Include area code) 15C. Check if Remittance Address is different from above. Enter such address in Schedule.

17. Signature 18. Offer Date

AWARD (To be completed by Government)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Authority for Using Other Than Full and Open Competition: 23. Submit Invoices to Address Shown in Item

10 U.S.C. 2304 (c)( ) 41 U.S.C. 253 (c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code Payment Will be Made By Code

26. Name of Contracting Officer (Type or print) 27. United States of America (Signature of Contracting Officer) 28. Award Date

IMPORTANT – Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA – FAR (48 CFR) 52.214 (c)

DRY DOCK REPAIRS, NOAA SHIP FERDINAND HASSLER

SECTION B

SCHEDULE OF SUPPLIES/SERVICES

B.2 SPECIFICS

1. The contractor shall perform all work in accordance with the specification titled “Drydock Repairs_NOAA SHIP FERDINAND HASSLER,” as well as all drawings and references provided at the time of solicitation (See Section J).

2. The Government anticipates award of all Base Items. Option Items may be exercised by the Contracting Officer at the time of award or at any time during the contract performance period.

3. The successful offeror shall furnish an insurance certificate within five (5) days after award of a contract in accordance with CAR Clauses 1352.271-79, Liability and Insurance, and 1352.271-90, Insurance Requirements.

4. The NOAA Ship FERDINAND HASSLER’s home port is located in New Castle, NH. The PLACE OF PERFORMANCE for the work specified herein shall be the CONTRACTOR’s FACILITY.

5. The ship will be available for site visits between the dates of 19 November 2018 through 21 November at University of New Hampshire, Judd Gregg Marine Research Pier, 29 Wentworth Road, New Castle, NH 03870. Arrangements for access to the vessel shall be made with the Port Engineer, Sandra Wyman no later than November 15, 2018 at 12:00 EST. Phone: 202-713-7515 Email: sandra.wyman@noaa.gov.

6. This solicitation is a Request for Proposal (RFP). See Sections L and M, respectively, for instructions regarding submission of offers and the evaluation factors for award.

7. This acquisition is being solicited on an unrestricted basis. The applicable NAICS code is 336611, which has a corresponding size standard of 1,250 employees.

9. Federal Acquisition Regulations, (FAR) Commerce Acquisition Regulations (CAR), and NOAA Acquisition and Grants Office (AGO) or Eastern Region Acquisition Division (ERAD) provisions and clauses that are included in this solicitation are annotated by the applicable acronym.

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C1. NOAA/ERAD -- STATEMENT OF WORK/SPECIFICATIONS (APR 2010)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced as an attachment in Part III – List of Documents, Exhibits, and Other Attachments, Section J, List of Attachments.

(End of clause)

END OF SECTION C

SECTION D

PACKAGING AND MARKING

There are no clauses for this section.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

E.1 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):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browsefar

Commerce Acquisition Regulation (CAR): https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

NOAA Acquisition Manual (NAM):

http://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html

E.2 FAR 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

E.3 FAR 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

E.4 FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.5 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be on board NOAA Ship FERDINAND HASSLER.

END OF SECTION E

https://www.acquisition.gov/browsefar https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl http://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 FAR 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $10,000.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The period of performance for work to be conducted on board NOAA ship FERDINAND HASSLER will be 103 calendar days, beginning January 8, 2019 through April 21, 2019. The 103 calendar-day period of performance does not include the ship’s transit time from its homeport in New Castle, NH to and from the contractor’s facility. Award will be made in December 2018. Once the contract has been awarded, and the Insurance Certificate has been received in accordance with NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (F.5 of this section), the Contracting Officer may issue a notice to proceed (NTP) prior to the period of performance start date. The NTP authorizes the contractor to start ordering materials, aligning resources, etc., to prepare for the anticipated start date for work on board the vessel.

(b) The NTP may be issued orally, by e-mail, or in writing by the Contracting Officer after receipt of the Contractor's insurance certificate. In no event will a delay in providing the insurance certificate constitute a waiver of the completion date. Oral notification will be confirmed in writing by the Contracting Officer.

F.5 NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES

Following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract:

Item Description Qty Due Date Deliver To Reference 1 Insurance Certificate 1 Within 5 days of award See Block #7 of

SF33

CAR clause 1352.271-79 and CAR clause 1352.271-90

2 Specification Deliverables (List Not Inclusive)

Various See Specification

COR Specification

3 Subcontractor List (per H.6 of this solicitation)

1 Within 5 days of award

COR and Contract Specialist

CAR clause 1352.228-77

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR)(APR 2010)

(a) The Contracting Officer’s Representative will be provided at the time of award. (TBD) will be designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

(To be provided at time of award)

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

G.3 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the “Government Property” clause included in this contract.

Work Item

Item Description Quantity Estimated Value/each

491 Two complete EM2040-7 multibeam systems each comprising of a transmit transducer, receive transducer, sound velocity probe (SVP), processing unit, hydrographic work station, displays, transceiver unit, and interconnecting cables

2 $180,000.00

491 Kongsberg (Transducer) Casings, 0.7 x 0.7 EM 2040/SVP-70 2 $34,000.00 491 SVP Cable Teledyne p/n 904-63-0809-00 2 $1,200.00 491 Kongsberg Tx Cable, 50M 2 $5,500.00 491 Kongsberg Rx Cable, 50M 2 $3,800.00 491 SVP wet side Plug 2 $30.00 491 Tx cable wet side Plug 2 $30.00 491 Rx cable wet side Plug 2 $30.00

CAR 1352.271-71 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP

REPAIR (APR 2010)

See section H for invoice instructions.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.2 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.3 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.4 CAR 1352.228-77 CONTRACTOR ASSURANCE OF SUBCONTRACTOR PAYMENTS

(MAY 2015)

(a) To protect the interests of subcontractors participating in the performance of this contract, the Government requires the assurance that all monies due to subcontractors is timely and properly made prior to the submission of the contractor's final invoice.

(b) By accepting this award, in writing or by performance, the offeror/contractor represents that—it will provide full payment to all subcontractors utilized in the performance of the resultant contract prior to the submission of its final invoice.

(c) No later than five (5) days after contract award the contractor shall provide the Contracting Officer with a list of all subcontractors to be utilized in the performance of this contract. The contractor must provide updates to the Contracting Officer throughout the contract, should changes be made.

(d) The following shall be completed and provided accordingly:

SUBCONTRACTOR LIST—CONTRACT NO.__________

Name of subcontractor business

Subcontractor point of contact with contact information (number/e-mail)

Contract line item(s) to which subcontract work is tied

Applicable trade

(electrical, mechanical, etc.)

(e) Reports by subcontractors of delayed or non-payment during the performance of the contract may impact the Government's continued payment of contractor invoices on a percentage of completion basis.

(CAR clause, 1352.271-71, Method of Payment and Invoicing Instructions for Ship Repair).

(f) The contractor shall include the following statement on its final invoice—“By submission of this invoice, assurance is herein provided that all monies due to any and all subcontractors used in the performance of this contract have been paid in full prior to the submission of this final invoice.”

(g) Failure to pay subcontractors could adversely affect the contractor's past performance evaluation for this contract and have a negative impact on its eligibility for future contract awards.

(h) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of Clause)

H.5 CAR 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST TO DEPARTMENTAL

RESOURCES

H.6 CAR 1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010)

H.7 CAR 1352.271-71 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP

REPAIR (APR 2010)

(a) The Government will make payment under this contract based on a percentage of completion. The contractor may invoice for the percentage completed for each work item as work progresses. The amount invoiced shall be calculated based on prices stated in the Schedule, as follows: A work item may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that work item have no limitation as to the percentage of completion required before invoicing, but in no event may invoices be submitted more frequently than every 2 weeks, or for amounts less than $10,000, unless it is the final payment. The minimum percentage of completion (25%) to be reached prior to billing each work item may be waived by the Contracting Officer for large dollar work items on a case-by-case basis.

(b) Invoices submitted by the contractor which are deemed not proper, in accordance with FAR 52.232- 25, will be returned. Invoices shall include:

(1) Name and Address of the contractor;

(2) DUNS Number;

(3) Invoice Date;

(4) Contract Number/Modification Number;

(5) CLIN/Work Item Number, to include: Description, Quantity, Unit of Measure, Unit Price and Extended Price;

(6) Shipping and Payment Terms; and,

(7) Contractor Point of Contact, including:

Name, Title, Phone Number, and Mailing Address;

(8) The percentage of completion for each CLIN/work item identified;

(9) Name of the Contracting Officer ;

(10) Ship name;

(11) The overall percentage and dollar amount previously billed, currently billed and unbilled.

(c) When invoicing for changed work, the contractor shall identify it as a contract change and shall identify the modification authorizing the change, and the CLIN/Work Item associated with the change.

(d) All items of work invoiced under this contract will be verified and confirmed by the Contracting Officer's Representative as accurate and complete and approved by the designated billing office before payment will be made.

(e) Invoices may be submitted electronically to the COR at (TBD) or by mail to the following address:

(To be provided at time of award.)

A copy of all invoices shall be sent by electronic mail AND a hard copy (by mail) to the contract administration office as follows:

Department of Commerce

NOAA, ERAD, OMAO

ATTN: (To be provided at time of award) 200 Granby Street, Suite 400 Norfolk, VA, 23510

Payment will be made by the Department of Commerce/NOAA Finance Systems Admin Branch/Rm.

1204, 20020 Century Blvd., Germantown, MD 20874.

(f) The contractor's final invoice submitted under the contract must be marked as follows: “THIS

INVOICE CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE NO

OTHER MONIES ARE DUE UNDER CONTRACT NUMBER EA-133M-17-SE-xxxx."

Note: Electronic submission of invoices and associated documentation via e-mail and/or fax is authorized and encouraged.

H.8 CAR 1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010)

H.9 CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK

(APR 2010)

(a) This clause applies to Additional Item Requirements (AIR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes - Ship Repair clause or mutually agreed upon by the parties. The contractor shall perform AIR at the labor billing rates designated in the Schedule, as described in paragraph (c) of this clause. The AIR handling fee designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. The estimated quantity of labor hours and handling fees represent the Government's best estimate for growth that may be required throughout the contract performance period. All growth work shall be paid at the prices stated in the Schedule.

(b) The contractor shall take into account the potential for ordering all estimated AIR quantities in developing the Production Schedule. The ordering of any portion of the AIR quantities does not in itself warrant an extension to the original contract completion date; however, for planning purposes, the Government anticipates ordering AIR in accordance with the following schedule:

(1) No more than 75% of the hours during the first half of the contract period of performance.

(2) No more than 50% of the hours during the third quarter of the contract period of performance.

(3) No more than 30% of the hours during the fourth quarter of the contract period of performance.

(c) The AIR labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include:

(1) Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging.

(2) Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include: Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making).

(d) Additional Item Requirements do not include replacement work performed pursuant to the Inspection and Manner of Doing Work or Guarantees clauses.

(e) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

(f) The contractor shall submit to the Contracting Officer the following information in all AIR proposals:

(1) Number of labor hours estimated; broken down by specific direct production labor category.

(2) Material estimates, individually broken out and priced. When requested by the Contracting Officer, material quotes shall be provided.

(3) Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes. The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer.

(4) Material/subcontractor handling fee and the basis for the fee.

(g) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

(End of clause)

H.10 CAR 1352.271-73 SCHEDULE OF WORK (APR 2010)

(a) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within five (5) working days of the vessel's arrival at the contractor's facility:

(1) Production Schedule

(2) Work Package Network

(3) Total Manpower Loading Curve

(4) Trade Manning Curves

(5) Subcontracting List

(b) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

(c) Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting.

Any anticipated or unanticipated deviation (greater than five (5) calendar days) from the Production Schedule shall be immediately brought to the attention of the Contracting Officer and COR.

(d) Any unauthorized deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the Government to remedies for late performance, including, but not limited to, liquidated damages.

(End of clause)

H.11 CAR 1352.271-74 FORESEEABLE COST FACTORS PERTAINING TO DIFFERENT

SHIPYARD LOCATIONS (APR 2010)

(a) The Contracting Officer will evaluate certain foreseeable costs that will vary with the location of the commercial shipyard to be used by bidders/offerors under this solicitation. Costs will be calculated based on the bidder's/offeror's shipyard location and these costs will be added, for the purposes of evaluation only, to the bidder's/offeror's overall price.

(b) These elements of foreseeable costs consist of the following:

(1) Vessel Transit:

(i) Vessel delivery costs will be based on one round trip from the vessel's homeport of New Castle, NH to the contractor's facility at a cruising speed of 12 knots. Distances will be based on the NOAA publication, “Distance Between U.S. Ports”.

(ii) Daily vessel operational cost to navigate the vessel between its homeport and the contractor's offered place of performance is $10,000.00 per day. The number of days to transit to the contractor's offered place of performance from the vessel's homeport will be multiplied by the per-day operational cost.

(iii) No operational costs will be applied if the ship can be delivered to the contractor's facility from its homeport within eight (8) hours port-to-port. If the delivery time exceeds eight (8) hours, but is less than 24 hours, it will be considered one full day. Any fraction of subsequent day(s) will be considered as a full day.

(2) Shore Leave Costs: Shore Leave Costs are not applicable to this requirement.

(3) Travel and Per Diem Costs: If the contractor's facility is outside of a 50-mile radius of the vessel's homeport—

(i) There will be a transportation cost for one (1) Contracting Officer's Representative (COR) for 1 round trip(s) between the contractor's offered place of performance and the COR's official duty station at the cost of coach-type airfare.

(ii) There will be a per diem expense for 103 calendar days to support one (1) COR while in the city of the place of contract performance, to be determined in accordance with the Joint Federal Travel Regulations (JFTR). The cost of car rental for the estimated performance period will also be included.

(iii) There will be a transportation cost for one (1) Contracting Officer for 0 round trip(s) between the Contracting Officer's official duty station and the contractor's offered place of performance at the cost of coach-type airfare, plus per diem expenses and a rental car.

(End of clause)

H.12 CAR 1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010)

H.13 CAR 1352.271-76 PERFORMANCE (APR 2010)

(a) The contractor shall not commence work until a notice to proceed has been issued by the Contracting Officer.

(b) The Government shall deliver the vessel described in the contract at such time and location as may be specified in the contract. Upon completion of the work, the Government shall accept delivery of the vessel at such time and location as may be specified in the contract.

(c) Without additional charge to the Government, and without specific requirement in the contract, the contractor shall:

(1) Make available, at the facility, to personnel of the vessel while in drydock or on a marine railway, sanitary facilities adequate for the number of personnel using them and acceptable to the Contracting Officer;

(2) Supply and maintain, in such condition as the Contracting Officer may reasonably require, suitable brows and gangways from the pier, drydock or marine railway to the vessel;

(3) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the contractor of any of the vessel's machinery, equipment or fittings, including, but not limited to, winches, pumps, riggings, or pipe lines; and

(4) Furnish suitable offices, office equipment and telephones at or near the site of the work as the Contracting Officer reasonably requires for personnel designated by the Government.

(d) Except as otherwise provided in the contract, the contractor shall furnish all necessary material, labor, supervision, services, equipment, tools, supplies, power, accessories, facilities, and other things and services necessary for accomplishing the work.

(e) The contractor shall conduct dock and sea trials of the vessel as required by the contract. Unless otherwise expressly provided in the contract, during the conduct of these trials the vessel shall be under the control of the vessel's commander and crew with representatives of the contractor and the Government on board to determine whether the work provided by the contractor has been satisfactorily performed.

Dock and sea trials not specified which the contractor requires for its own benefit shall not be undertaken by the contractor without prior notice to and approval of the Contracting Officer; any such dock or sea trial shall be conducted at the risk and expense of the contractor. The contractor shall provide and install all fittings and appliances which may be necessary for the dock and sea trials to enable the representatives of the Government to determine whether the requirements of the contract plans and specifications have been met. The contractor shall also be responsible for the care, installation and removal of any instruments and apparatus furnished by the Government for such trials.

(End of clause)

H.14 CAR 1352.271-77 DELAYS (APR 2010)

H.15 CAR 1352.271-78 MINIMIZATION OF DELAY DUE TO GOVERNMENT FURNISHED

PROPERTY (APR 2010)

H.16 CAR 1352.271-79 LIABILITY AND INSURANCE (APR 2010)

H.17 CAR 1352.271-80 TITLE (APR 2010)

H.18 CAR 1352.271-81 DISCHARGE OF LIENS (APR 2010)

H.19 CAR 1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND

HEALTH STANDARDS FOR SHIP REPAIR (APR 2010)

H.20 CAR 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND

APPROVAL (APR 2010)

H.21 CAR 1352.271-84 ACCESS TO THE VESSEL (APR 2010)

H.22 CAR 1352.271-85 DOCUMENTATION OF REQUESTS FOR EQUITABLE

ADJUSTMENT (APR 2010)

H.23 CAR 1352.271-86 LAY DAYS (APR 2010)

H.24 CAR 1352.271-87 CHANGES – SHIP REPAIR (APR 2010)

H.25 CAR 1352.271-88 GUARANTEES (APR 2010)

(a) In the event any work performed or materials furnished by the contractor under this contract prove defective or deficient within 90 days from the date of redelivery of the vessel, the contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) The Government shall be entitled to rely upon any guarantee secured by the contractor or any sub-contractor covering work done or materials furnished which exceeds the 90-day period until its expiration.

(c) With respect to any individual work item identified and listed as incomplete at the redelivery of the vessel, the guarantee period shall run from the date of completion of such item.

(d) If and when practicable, the Government shall afford the contractor an opportunity to effect such corrections and repairs.

(1) If the Contracting Officer determines it is impracticable or is otherwise not advisable to return the vessel to the contractor, or the contractor fails to proceed promptly with any such repairs as directed by the Contracting Officer, the Contracting Officer may direct that the repairs be performed elsewhere, at the contractor's expense.

(2) Where corrections and repairs are to be made by other than the contractor due to nonreturn of the vessel to the contractor, the contractor's liability may be discharged by an equitable deduction in the price of the contract.

(e) The contractor's liability shall only extend for an additional 90-day guarantee period on those defects or deficiencies which it corrected. However, this clause does not limit the responsibility or relieve the liability of the contractor under the Liability and Insurance clause.

(f) At the Contracting Officer's option, defects and deficiencies may be left in their uncorrected condition.

In that event, the contractor and the Contracting Officer shall agree on an equitable deduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

(g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. If a defect or deficiency that exists at the time of redelivery of the vessel was not discovered by a reasonable inspection and is discovered after the expiration of the time frame stated in this clause, it is not subject to the time limitations stated in this clause.

(End of clause)

H.26 CAR 1352.271-89 TEMPORARY SERVICES (APR 2010)

H.27 CAR 1352.271-90 INSURANCE REQUIREMENTS (APR 2010)

(a) The contractor shall procure and thereafter maintain the following insurance:

(1) Ship contractor's legal liability insurance to insure the risks described in paragraph (b) of clause 1352.271-79. This insurance shall be for $1,000,000.00.

(2) Comprehensive general liability insurance and automobile insurance to insure the risks described in paragraph (c) of clause 1352.271-79. This insurance shall be for $1,000,000.00 on account of any one accident or occurrence with respect to each vessel, boat, and/or barge upon which work is performed. The contractor shall cause the Government to be named as an additional insured under any and all liability insurance policies.

(3) Full coverage in accordance with the State Worker's Compensation law; and

(4) Full coverage in accordance with the United States Longshoremen's and Harbor Worker's Act.

(b) As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number (to be provided at the time of award) for repair/alteration of NOAA SHIP FERDINAND HASSLER in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (date) and that each such policy contains the following clause:

"It is agreed that in the event of cancellation or any material change in the policy adversely affecting the interest of the Government in this insurance, 30 days prior written notice will be given to the Contracting Officer."

(End of clause)

H.28 NOAA/ERAD REPRESENTATION, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFEROR

In accordance with FAR 14.201-1(c), the completed and submitted "Representations, Certifications, and Other Statements of Offeror" are hereby incorporated by reference in this resulting contract.

END OF SECTION H

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.202-1 DEFINITIONS (NOV 2013)

I.2 FAR 52.203-3 GRATUITIES (APR 1984)

I.3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

I.5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

I.7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

I.8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

I.9 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (APR 2014)

I.10 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

I.11 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (OCT 2016)

I.12 FAR 52.204-13 SYSTEM FOR AWARD MAINTENANCE (OCT 2016)

I.13 FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE

(JUL 2016)

I.14 FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT (OCT 2015)

I.15 FAR 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

I.16 FAR 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)

I.17 FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL

BUSINESS CONCERNS (OCT 2014)

I.18 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

I.19 FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2017)

I.20 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(JUL 2013)

I.21 FAR 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES

(OCT 2016)

I.22 FAR 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND

EQUIPMENT EXCEEDING $15,000 (MAY 2014)

I.23 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

I.24 FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016)

I.25 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

I.26 FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014)

I.27 FAR 52.222-37 EMPLOYMENT REPORTS VETERANS (FEB 2016)

I.28 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

I.29 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

I.30 FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.31 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

I.32 FAR 52.225-1 BUY AMERICAN ACT--SUPPLIES (MAY 2014)

I.33 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.34 FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.35 FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

I.36 FAR 52.227-3 PATENT INDEMNITY (APR 1984)

I.37 FAR 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

I.38 FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I.39 FAR 52.232-1 PAYMENTS (APR 1984)

I.40 FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

I.41 FAR 52.232-11 EXTRAS (APR 1984)

I.42 FAR 52.232-17 INTEREST (MAY 2014)

I.43 FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.44 FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

I.45 FAR 52.232-25 PROMPT PAYMENT (JAN 2017)

I.46 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

I.47 FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

I.48 FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

I.49 FAR 52.233-1 DISPUTES (MAY 2014)—ALTERNATE 1 (DEC 1991)

I.50 FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.51 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.52 FAR 52.242-13 BANKRUPTCY (JUL 1995)

I.53 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2017)

I.54 FAR 52.245-1 GOVERNMENT PROPERTY (JAN 2017)

I.55 FAR 52.245-9 USE AND CHARGES (APR 2012)

I.56 FAR 52.248-1 VALUE ENGINEERING (OCT 2010)

I.57 FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE) (APR 2012)

I.58 FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.59 FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.60 FAR 52.203-19 “PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- “Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/FAR02.doc#s21 such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

I.61 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of a Government Contracting Officer and shall not be binding until so approved.

(End of clause)

I.62 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013)

(This clause applies only where the resultant contract value is expected to exceed $500,000 and if the offeror checked “has” in paragraph (b) of provision 52.209-7)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government;

or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

I.63 FAR 52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government requires the delivery of the numbered line items, identified in the Schedule as an option item in the quantity and at the price stated in the Schedule. The option quantities shown in Section B are estimates only. The Government has the right to require performance of these items at the quantities deemed necessary. Therefore, the Government may exercise an option item on more than one occasion during the contract period of performance. The Contracting Officer will provide initial notification of the exercise of an option either verbally, by facsimile, or both. When time is of the essence initial notification will be provided verbally followed within 24 hours by a facsimile or e-mail of confirmation.

A contract modification will be executed shortly thereafter to include those options wherein exercise notification was provided. Such options may be exercised at time of award, during the contract period of performance or within six months after the date of award. To maintain the contract performance period the Contractor shall commence performance of an option item immediately upon receiving initial notification; but, no later than 24 hours thereafter, unless proper sequencing of the work requires a delay in beginning performance of the option. In that case, the option CLIN shall be commenced as soon as proper sequencing permits. The exercise of any option item during the contract period of performance will not normally extend the contract performance period. The Government may exercise options at any time during the contract performance period.

(End of Clause)

I.64 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (JUN 2016)

(a) Definitions. As used in this clause-- “Global warming potential” means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon Dioxide’s global warming potential is defined as 1.0.

“High global warming potential hydrofluorocarbons” means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

“Hydrofluorocarbons” means compounds that only contain hydrogen, fluorine, and carbon.

“Ozone-depleting substance” means any substance the Environmental Protection Agency designates in 40 CFR Part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II , including, but not limited to hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows:

Warning Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s)…