RFQ_1350M219QNMAN0213.pdf

REQUEST FOR QUOTATION (RFQ)

1305M219QNMAN0213

Office of Marine and Aviation Operations (OMAO)

Drydock Repairs for NOAA Ship RAINIER

U.S. Department of Commerce (DOC) National Oceanic and Atmospheric Administration

(NOAA)

Eastern Region Acquisition Division (ERAD)

200 Granby Street, Suite 405 Norfolk, VA 23510

July 17, 2019 http://www.noaa.gov/

RFQ 1305M219QNMAN0213 – NOAA Ship RAINIER

TABLE OF CONTENTS

Section Title Page

A Standard Form (SF) - 1449 03

B Continuation of SF-1449 05

C Contract Clauses 06

D List of Exhibits and Attachments 21

E Solicitation Provisions 22

SECTION A – STANDARD FORM – 1449

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA – FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

1305M219QNMAN0213

6. SOLICITATION

ISSUE DATE

07/16/2019

7. FOR

SOLICITATION

INFORMATION

CALL:

a. NAME

Bridget Cofo

b. TELEPHONE NUMBER (no collect calls)

(757) 364-6912

8. OFFER DUE DATE/

LOCAL TIME

August 13, 2019

12:00 PM EST

9. ISSUED BY CODE AJ930073

National Oceanic and Atmospheric Administration Eastern Acquisition Division 200 Granby Street, Suite 405 Norfolk, VA 23510

E-mail: bridget.cofo@noaa.gov

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: ______FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN- OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL NAICS:

BUSINESS EDWOSB 336611

SERVICE-DISABLED

VETERAN-OWNED SIZE STANDARD:

SMALL BUSINESS 8(A) 1500

11. DELIVERY FOR FOB

DESTINATION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING DO-A3

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CAGE CODE FACILITY

OFFEROR CODE

DUNS No.

TELEPHONE NO:

FAX NO:

18a. PAYMENT WILL BE MADE BY CODE

D

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Reference Section B – Pricing Schedule of Supplies

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 & 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN 1 COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO

FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE

OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SINGATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK

NUMBER

PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42 a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL

CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

SECTION B – CONTINUATION OF SF 1449

(1) Block 17a: Contractor shall include its DUNS number.

(2) Block 17b: REMITTANCE ADDRESS. Payment will be made to the Financial Institution listed in the System for Award Management (SAM). To receive award Contractor must be registered in the SAM, which is available at: https://www.sam.gov

(3) Block 19 through 24: See Section B – Pricing Schedule of Supplies.

(4) Block 25: ACCOUNTING AND APPROPRIATION DATA, This information will be included on the resulting contract award document and individual task orders.

Section B - Pricing Schedule of Supplies Contract Line Item Number

(CLIN)

Product Description Quantity Unit of Issue

Unit Price Extended Price

10000 Base Work Items-

ORF

1 JB $ $

20000 Base Work Items-

PAC

1 JB $ $

30000 Growth Items- ORF 1 JB $ $ 40000 Growth Items- PAC 1 JB $ $ 50000 Option Items- ORF 1 JB $ $

ADDITIONAL ITEMS - GROWTH

ADDITIONAL ITEM REQUESTS (AIRs) These items relate to Growth Work. The Unit Price Column will be used throughout the life of the contract if growth work is added to the scope of the contract. If Additional Item Requests (AIRs) are issued, these items will be awarded at the quantities needed via a contract modification. The quantity shown is an estimate only and may be exceeded at the unit prices offered.

30000 40000

AIRS/Growth (estimated)

**Provide breakdown, as follows:

AIRs/Growth Labor Rate Unit Price: $________; Quantity:

2,000; Unit of Issue: Hour; Extended Price: $____________

EST

2,000 HRS

AIRs/Growth Material Markup/Handling Fee Unit Price: $80,000.00; Quantity: 1;

Unit of Issue: Percent ________%;

Extended Price: [80,000.00 X percentage quoted]: $______________

EST

80,000.00 %

Total Growth $0.00

30000 40000

SECTION C – CONTRACT CLAUSES

C.1. FEDERAL ACQUISITION REGULATION (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 these addresses:

Federal Acquisition Regulation (FAR) - http://farsite.hill.af.mil/vmfara.htm Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vmcara.htm NOAA Acquisition Manual (NAM)-https://www.ago.noaa.gov/acquisition/AcqManual/09_acquisitionmanualtableofcontents.html

(End of Clause)

C.2. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN

2017) incorporated by reference with the following addenda;

(A) COMMERCE ACQUISITION REGULATION (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 http://farsite.hill.af.mil/vmcara.htm 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.

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

(G) CAR 1352.271-71 METHOD OF PAYMENT AND INVOICING 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 405 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 is authorized and encouraged.

(End of clause)

(H) FAR 27.403 DATA RIGHTS – GENERAL

(I) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT

2018)

(J) 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

22430 Stern Tube Bearing 2 $15,000.00 22430 Fwd Strut Bearing 2 $10,000.00 22430 Aft Strut Bearing 2 $10,000.00

(R) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010)

CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

(a) TO BE DETERMINED AT AWARD is hereby 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.

CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

The period of performance of this contract is from the date of award through February 1, 2020.

The vessel will be available October 1, 2019 to begin the repair period. Time allocated prior to the repair period is designated for initial meeting, providing a dry docking plan as directed in section 4.1.1 in Work Item 10870 in the attached specification, and preparations.

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:

The place of performance will be at the contractor’s proposed certified dry dock facility capable of docking the vessel that is geographically located on the West Coast of the USA or Hawaii.

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 ______ for repair/alteration of (name of vessel) 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 (APR 2010) 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)

NOAA ACQUISITION MANUAL (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 Contract Specialist

CAR clause 1352.271-79 and CAR clause 1352.271-

2 Specification Deliverables (List Not Inclusive)

Various See Attachment V

COR Specification

3 Subcontractor List 1 Within 5 days of award

COR and Contract Specialist

CAR clause 1352.228-77

NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS

(OCT 2015)

By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in:

(a) 41 U.S.C. § 2103 regarding contacts between a Federal employee working on a procurement and an offeror about prospective employment;

(b) 18 U.S.C. § 207 regarding the restrictions on former Federal employees having contact with a Federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a Federal employee or for which the former Federal employee had official responsibility;

(c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former Federal agency on behalf of another person or entity concerning any official matter; and

(d) 41 U.S.C. § 2104 regarding the restrictions on a former Federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of solicitation and contract language)

NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT

2016)

(g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

mailto:Rafael.Roman@noaa.gov http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-1106_SASH.pdf http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-1106_SASH.pdf http://www.corporateservices.noaa.gov/ames/administrative_orders/chapter_202/202-1106_SASH.pdf

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

• Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations.

i. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

ii. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

i. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace Violence Program Manager. A link to the website including the required elements of the training is provided at: http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

ii. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

iii. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

iv. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of NAO 202-1106.

5. The contractor shall provide a copy of this solicitation and contract language and NAO

202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support http://www.ago.noaa.gov/quicklinks/harassment_training.html.

to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week.

The NOAA SASH helpline is accessible through a variety of channels, including:

* Phone: 1-866-288-6558

* Website & Online Chat: http://NOAASASHHelpline.org

* Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

* Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of

Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the Contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the Contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

(End of addendum to FAR 52.212-4 Contract Terms and Conditions – Commercial Items)

C.3. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

http://noaasashhelpline.org/

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

XX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

XX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)).

XX (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

XX (iii) Alternate II (Nov 2016) of 52.219-9.

XX (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

XX (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

XX (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -

- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C.

chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.

13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

C.4. 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 $16,900.00 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

C.5. CLAUSES INCORPORATED BY REFERENCE

FEDERAL ACQUISITION REGULATIONS (FAR)

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.217-5 Evaluation Of Options JUL 1990 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.232-1 Payments DEC 2007 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-39 Unenforceability of Unauthorized Obligations APR 1984 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

APR 1984

52.233-1 Alt I Disputes (May 2014) - Alternate I JUN 2013 52.233-3 Protest After Award DEC 2013 52.233-4 Applicable Law for Breach of Contract Claim DEC 1991 52.242-2 Production Progress Reports OCT 2004 52.242-13 Bankruptcy APR 1984 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Items JAN 2019 52.245-1 Government Property JUL 1995 52.245-9 Use And Charges OCT 2010

52.246 -16 Responsibility for Supplies APR 1984 52.247-34 F.o.b. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) APR 1984

COMMERCE ACQUISITION REGULATIONS (CAR)

1352.208-70 Restrictions on Printing and Duplicating APR 2010 1352.209-74 Organizational Conflict of Interest APR 2010 1352.228-77 Contractor Assurance of Subcontractor Payments MAY 2015 1352.271-70 Inspection and Manner of Doing Work APR 2010 1352.271-72 Additional Item Requirements (AIR) – Growth Work APR 2010 1352.271-73 Schedule of Work APR 2010 1352.271-75 Delivery and Shifting of the Vessel APR 2010

1352.271-76 Performance APR 2010 1352.271-77 Delays APR 2010 1352.271-78 Minimization Of Delay Due To Government Furnished

Property

APR 2010

1352.271-79 Liability and Insurance APR 2010 1352.271-80 Title APR 2010 1352.271-81 Discharge of Liens APR 2010 1352.271-83 Government Review, Comment, Acceptance And Approval APR 2010 1352.271-84 Access to the Vessel APR 2010 1352.271-85 Car Documentation Of Requests For Equitable Adjustment APR 2010 1352.271-86 Lay Days APR 2010 1352.271-87 Changes- Ship Repair APR 2010 1352.271-89 Temporary Services APR 2010

SECTION D – LIST OF EXHIBITS AND ATTACHMENTS

Attachment I – Specification titled “NOAA SHIP RAINIER FY 2020 DRYDOCK REPAIR PERIOD Statement of Work (S-221)” Attachment II – Past Performance Information Form Attachment III – Past Performance Questionnaire Attachment IV- Price Schedule Attachment V- Specification Deliverables

SECTION E – SOLICITATION PROVISIONS

E.1. FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

E.2. 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):

Federal Acquisition Regulation (FAR) - http://farsite.hill.af.mil/vffara.htm Commerce Acquisition Regulation (CAR) – http://farsite.hill.af.mil/vfcara.htm

(End of Provision)

E.3. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS (JAN 2017) incorporated by reference with the following addenda:

These instructions prescribe the format for the quotation and describe the approach for the development and presentation of quotation data. The instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotations. Quotations are expected to conform to solicitation provisions and be prepared in accordance with this section.

Noncompliance with the Request for Quotation requirements will raise serious questions regarding an offeror’s technical ability to perform the services and may be grounds to eliminate the proposal from further consideration for contract award. Offers will be evaluated in accordance with E.3, FAR 52.212-2, Evaluation – Commercial Items.

1. Quotes shall be submitted to Contract Specialists, Bridget Cofo (bridget.cofo@noaa.gov) and Ashley Perry (Ashley.Perry@noaa.gov) via email no later than 12:00 PM EST, August 13, 2019.

Contractors are encouraged to send a test email to the above individual in advance of the quote’s due date.

2. CAR 1352.215-72 INQUIRIES (APR 2010)

Inquiries regarding this RFQ shall be submitted to Contract Specialists, Bridget Cofo (bridget.cofo@noaa.gov) and Ashley Perry (Ashley.Perry@noaa.gov) via email no later than 3:00 PM EST, July 25, 2019.

3. Quote Preparation - The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in two separate volumes:

Volume I – Non-Price a.) Technical Capability mailto:Ashley.Perry@noaa.gov mailto:Ashley.Perry@noaa.gov b.) Past Performance

Volume II – Price

Include the RFQ number, Volume number (I or II), and the Contractor’s name in the subject line of each email.

b. The Technical Capability and Past Performance volume shall not contain any reference to price.

c. The Government will evaluate quotes in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

4. Quote Instructions

1. Volume I – Non-Price Factors

a. Technical. The contractor shall document the location of their dock facility where work is to be completed. The contractor must own and use their own dock facility.

b. Past Performance. Past performance will be used as a means of evaluating the relative capability of the Contractor to successfully meet the requirements of this solicitation.

The offeror is required to identify past or current contracts (including Federal, State, and local Government and/or commercial) for efforts similar to the requirement of this solicitation. The Government may consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance.

Offerors lacking relevant past performance history, or for whom past performance information is either not available or has not been submitted to the Government, will receive a neutral rating for past performance.

A neutral rating will not be evaluated favorably or unfavorably. However, the submission with no relevant past performance history, while rated neutral in past performance, may not represent the most advantageous submission to the Government and thus, may be an unsuccessful submission when compared to the submissions of other Vendors having an satisfactory (or better) past performance.

The offeror shall limit this information to no more than three (3) contracts performed within the last 3 years, each listed separately. The offeror is requested to provide this information in the following format for each contract:

a. Contract Number and Client point of contact (including 2 points of contact with telephone numbers and email addresses)

b. Ship Name, Hull Number

c. Dollar Value of the contract (Original: $ __________and Final: $____________)

d. Type of service performed and whether Prime or Sub Contractor

e. Contract performance period at the start of the contract:

f. Contract performance period at the end of the contract (actual performance dates upon completion): Start: ___________ End: ___________

g. Contract Type: __________

h. Percentage of growth in contract price (Additional work divided by award price) and the extent of Subcontracting

The Past Performance Information Form, Attachment II is provided for Offerors to submit the information requested under points a-h for each Past Performance record submitted.

In the description of work, Offerors must provide a detailed explanation demonstrating the similarity of the contracts in terms of scope and magnitude, to the requirements of this RFQ for purposes of relevancy.

The Government reserves the right to contact customers identified in the form and solicit further information about performance in regard to quality, timeliness and cost. The accuracy of past performance data, including phone numbers of the points of contact are the full responsibility of the offeror and inaccuracy may result in non-consideration of the reference. Other related past performance information may be sought and used for evaluating completeness and accuracy of the offeror’s proposal. Past performance information may be obtained from a variety of sources including other government agencies.

Note: It is the responsibility of the Offeror to verify CPARS data is correct when the CPARS check box is marked and/or to ensure references intend to respond by utilizing the Past Performance Questionnaire by the closing date of the solicitation.

The Past Performance Questionnaire, Attachment III is provided for Offerors to utilize to send to clients and customers for whom work has been performed for Past Performance records that are not listed in CPARS. The evaluation criteria and ratings definitions mirror the ratings utilized in CPARS.

Ensure correct phone numbers and e-mail addresses are provided for the client point of contact. Completed Past Performance forms and questionnaires shall be submitted by the client directly to the Contract Specialist, Bridget Cofo (bridget.cofo@noaa.gov) via email no later than 12:00 PM EST, August 13, 2019.

Note: It is the responsibility of the Offeror to ensure references intend to respond by utilizing the Past Performance Questionnaire and ensure the completed questionnaires are submitted by the closing date of the solicitation.

Past Performance forms and associated documents must be received by the Contract Specialist prior to the due date and time for receipt of offers.

Contractors shall assume that the Government has no prior knowledge of them and that it will base its evaluation on the information presented in the Past Performance Proposal; as such, Past Performance Proposals must be fully self-sufficient and provide all necessary information.

Failure to submit the Past Performance Information Form by the date and time cited above may be cause for rejection and the proposal receiving no further consideration.

2. Volume II - Price: Pricing shall be submitted for all line items included in this solicitation. The vendor provided pricing for each CLIN will be added together to derive the overall evaluated price.