RFQ_1305M223QNMAN0142 REV 1.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER PAGE 1 OF

NM-AN2120-23-00468 70

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

a. NAME

7. FOR SOLICITATION

► INFORMATION CALL: Tamara Horton

9. ISSUED BY CODE

Department of Commerce/NOAA/EAD

200 Granby Street, 8th Floor

Norfolk, VA 23510

11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

□ SEE SCHEDULE

15. DELIVER TO CODE

NOAA Ship OKEANOS EXPLORER

2578 DAVISVILLE RD NORTH KINGSTOWN RI 02852

17a. CONTRACTOR/ CODEI I FACILITY

OFFEROR CODE

TELEPHONE NUMBER

□ 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19. 20.

ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES

DATE

1305M223QNMAN0142 07/12/2023

b. TELEPHONE NUMBER (No collect 8. OFFER DUE DA TE/ calls)

(757) 364-9609

LOCAL TIME

08/11/2023

10:00 AM

10. THIS ACQUISITION IS [gj UNRESTRICTED OR □ SET ASIDE: %FOR:

□ SMALL BUSINESS □

WOMEN-OWNED SMALL ---

NORTH AMERICAN

□ HUBZONE SMALL BUSINESS (WOSB) INDUSTRY CLASSIFICATION

BUSINESS ECONOMICALLY STANDARD (NAICS):

SERVICE-DISABLED

□ VETERAN-OWNED

□ DISADVANTAGED 336611

WOMEN-OWNED SMALL SIZE STANDARD:

SMALL BUSINESS □

BUSINESS (EDWOSB)

1300 employees /SDVOSB\ 8(A)

13a. THIS CONTRACT IS A

□ RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

16. ADMINISTERED BY

Same as block 9

18a. PAYMENT WILL BE MADE BY

NOAA Finance Office

13b. RATING

14. METHOD OF SOLICITATION REQUEST

REQUEST INVITATION FOR

[g]FOR QUOTE □ FOR BID □PROPOSA

/RFQ\ /IFB\ /RFP\

CODE I

CODE IAJ200012

Rm. 1204, 20020 Century Blvd.

Germantown, MD 20874

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

BELOW IS CHECKED □ SEE ADDENDUM

21. 22. 23. 24.

QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

[gj 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

□ 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

� ARE □ ARE NOT ATTACHED

□ ARE □ ARE NOT ATTACHED

L

□28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN □ 29. AWARD OF CONTRACT: REFERENCE OFFER

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

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 (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA- FAR (48 CFR) 53.212

TABLE OF CONTENTS

SECTION TITLE/DESCRIPTION PAGE

NUMBER

A SF 1449/Table of Contents 3

B Continuation of SF 1449 - Schedule of Supplies/Services 4

C Contract Clauses/Contract Terms and Conditions 5

D Documents, Exhibits, and Attachments 37

E RFQ Provisions 38

SECTION B: SCHEDULE OF SUPPLIES/SERVICES

SECTION B

SUPPLIES OR SERVICES AND PRICES

SPECIFICS:

This solicitation is for Full and Open Competition under NAICS 336611 (Ship Building and

Repairing) with a small business size standard of 1,300 employees.

The contractor shall furnish the necessary personnel, material, equipment, services and facilities

(except as otherwise specified) to perform all work in accordance with the Statement of Work/

Specifications referenced as an attachment in Section D, “Documents, Exhibits, and

Attachments”.

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.

The NOAA Ship OKEANOS EXPLORER home port is located in Newport, RI; however the vessel's location shall be San Francisco, CA. The place of performance for the work specified herein shall be the Contractor's facility.

This is a Request for Quotations (RFQ). See Section E, for instructions for submission of quotes and the evaluation factors for award.

Federal Acquisition Regulation (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.

PRE-BID/PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

A pre-proposal site visit is scheduled for July 27, 2023 through July 30, 2023 between 8 AM to

4 PM Hawaii-Aleutian Time in Unalaska, AK (Dutch Harbor). (See CAR 1352.270-71 PRE-

BID/PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

LAST DAY FOR QUESTIONS: 10:00 AM Eastern, August 2, 2023.

QUOTES DUE: 10:00 AM Eastern, August 11, 2023.

SECTION C: CONTRACT CLAUSES

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):

FAR: www.acquisition.gov

CAR:http://www.ecfr.gov/cgibin/textidx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

NAM: Available upon request

(End of clause)

FAR PROVISION 52.212-4, INSTRUCTIONS TO OFFERORS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ADDENDUM

FAR CLAUSES:

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020

Transactions 52.203-17 Contractor Employee Whistleblower Rights and JUN 2020

Requirement To Inform Employees of Whistleblower

Rights

52.204-13 System for Award Management Maintenance OCT 2018

52.204-21 Basic Safeguarding of Covered Contractor Information NOV 2021

Systems 52.222-20 Contracts for Materials, Supplies, Articles, and JUN 2020

52.232-1 52.232-9 52.232-11 52.232.18 52.232-23 Alt I

52.232-39 52.232-40

Equipment Payments APR 1984 Limitation On Withholding Of Payments APR 1984 Extras APR 1984 Availability of Funds APR 1984

Assignment of Claims - Alternate I APR 1984

Unenforceability of Unauthorized Obligations JUN 2013

Providing Accelerated Payments to Small Business MAR 2023

Subcontractors

52.233-1 Alt I Disputes - Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-2 Production Progress Reports APR 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 http://www.acquisition.gov/ http://www.ecfr.gov/cgibin/textidx?tpl=/ecfrbrowse/Title48/48cfrv5_02.tpl

52.244-6 Subcontracts for Commercial Products and Commercial Services Government Property Use And Charges Responsibility for Supplies F.O.B. Destination

Default (Fixed-Price Supply and Service)

MAR 2023

52.245-1 SEP 2021

52.245-9 APR 2012

52.246 -16 APR 1984

52.247-34 NOV 1991

52.249-8 APR 1984

CAR CLAUSES:

1352.209-73 Compliance with the Laws 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 APR 2010

Approval

1352.271-84 Access to the Vessel APR 2010 1352.271-85 Documentation Of Requests For Equitable APR 2010

Adjustment

1352.271-86 Lay Days APR 2010 1352.271-87 Changes- Ship Repair APR 2010 1352.271-89 Temporary Services APR 2010

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 $19,118.05 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)

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 shall give the contractor 30 days notice prior to exercising an option after the contract period of performance and within the six months after the date of award.

(End of Clause)

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

(a) Mr. Nathan Jones 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:

Department of Commerce/NOAA

235 Valley Rd

Middletown, RI 02842

Phone Number: (301)502-0783

Email: nathan.jones@noaa.gov

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

i. 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.

ii. 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 1352.245-70 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.

GFM Listing Description Quantity Estimated Value

All items are listed in Attachment D1

Okeanos Explorer DD FY24 SPEC within each work item mailto:nathan.jones@noaa.gov

CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

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

(b) The place of acceptance will be on board NOAA Ship Okeanos Explorer.

(End of clause)

CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The period of performance for work to be conducted on board the NOAA Ship

OKEANOS will be date of award through March 25, 2024, with the period of repair from

January 9, 2024 through a planned completion date of March 25, 2024, not including the ship’s transit time from its location in San Francisco, CA to and from the contractor’s facility.

The anticipated award date is on or about August 18, 2023. No work to be accomplished on board the OKEANOS EXPLORER may be performed on the following dates unless requested in advance and specifically approved in writing by the COR: January 15, 2024 and February 19, 2024.

Once a “notice to proceed (NTP)” is given by the Contracting Officer, the contractor is authorized to start ordering materials, aligning resources, etc., to prepare for the anticipated start date for work on board the vessel. Anticipated contract award date is on or about August 18, 2023 and a notice to proceed is anticipated to be issued on or about 5 days later.

(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 insurance certificate constitute a waiver of the completion date. Oral notification will be confirmed in writing by the Contracting Officer.

(End of Clause)

CAR 1352.270-71 PRE-BID/PRE-PROPOSAL CONFERENCE AND SITE VISIT

(APR2010)

(a) A pre-proposal site visit is scheduled for July 27, 2023 through July 30, 2023 8:00

AM to 4:00 PM Hawaii-Aleutian Time in Unalaska, AK during which potential Contractors may obtain a better understanding of the work required. All contractors, vendors and visitors must make pre-arrival arrangements on or before July 20, 2023 for access in advance by contacting Port Engineer Justin Kusterer as the ship’s schedule is subject to change. Mr. Kusterer can be reached at the following: Phone – (240) 704-2815 or Email –

Justin.kusterer@noaa.gov. Only individuals on the Port Engineer’s access list will be permitted onto the site to participate in the site inspection.

mailto:Justin.kusterer@noaa.gov

(b) Questions resulting from the site visit shall be submitted in writing no later than 10:00 am Eastern, August 2, 2023. An abstract of the submitted questions and the Government's answers will be included in an Amendment issued to the solicitation.

(c) Details pertaining to pre-arrival arrangements will be provided in a forthcoming amendment to the solicitation.

(d) In no event shall failure to attend the pre-proposal conference constitute grounds supporting a protest or Contract claim.

(e) Offerors are cautioned that, notwithstanding any remarks, clarifications, or responses provided at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by written amendment. It is the responsibility of each offeror to seek clarification of any perceived ambiguity of documents within the solicitation prior to submitting a proposal.

(f) During the conference, an opportunity to visit the site of the work, and, if applicable, inspect equipment on which maintenance or repairs are to be performed will be offered to attendees.

(g) Offerors are expected to satisfy themselves regarding all conditions that may affect the work required or the cost of Contract performance. In no event shall failure to inspect the site and/or equipment constitute grounds for any protest or Contract claim.

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.

a. Invoices submitted by the contractor which are deemed not proper, in accordance with FAR

52.232- 25, will be returned. Invoices shall include:

i. Name and Address of the contractor;

ii. DUNS Number;

iii. Invoice Date;

iv. Contract Number/Modification Number;

v. CLIN/Work Item Number, to include: Description, Quantity, Unit of Measure, Unit Price and Extended Price;

vi. Shipping and Payment Terms; and,

vii. Contractor Point of Contact, including: Name, Title, Phone Number, and Mailing

Address;

viii. The percentage of completion for each CLIN/work item identified;

ix. Name of the Contracting Officer;

x. Ship name;

xi. The overall percentage and dollar amount previously billed, currently billed and unbilled.

b. 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.

c. 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.

d. Invoices may be submitted to the designated billing office via email at TBD or by mail to the following address:

Department of Commerce NOAA/OMAO/MOCA

439 W York St

Norfolk, VA 23505

Phone Number: TBD

e. The contractor shall simultaneously submit a copy of the invoice via email to Contract Specialist

Tamara Horton at tamara.horton@noaa.gov or by mail to the following address:

DOC, NOAA, EAD

200 Granby Street, Suite 815

Norfolk, VA 23510 mailto:andre.frantz@noaa.gov

f. Payment will be made by the designated payment office which is the Department of

Commerce/NOAA Finance Systems Admin Branch/Rm. 1204, 20020 Century Blvd., Germantown, MD 20874.

g. 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 (to be assigned at contract award)."

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

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.

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 one (1) working day 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)

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

(a) The Government shall deliver the vessel to the contractor, at the location specified in the contract.

(b) Whether the specified location of performance is the contractor's own facility or any other authorized facility, it shall be understood to mean the fairway of the facility. The contractor shall provide necessary tugs and pilot services to move the vessel from the fairway to the pier or dock, and, upon completion of all work, from the pier or dock to the fairway of the facility.

(c) While the vessel is in the possession of the contractor, any necessary movement of the vessel incidental to the work specified in the contract shall be furnished by the contractor without additional charge to the Government.

(End of clause)

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:

a. 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;

b. 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;

c. 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

d. 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)

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)

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 location of San Francisco, California to the contractor's facility at a cruising speed of 10 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 $9,213.81 per day. The number of days to transit to the contractor's offered place of performance from the vessel's location 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 location 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 location—

(iv) There will be a transportation cost for one (1) Contracting Officer's

Representative (COR) for 3 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.

(v) There will be a per diem expense for 75 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.

(vi) There will be a transportation cost for one (1) Contracting Officer for 1 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.

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 OKEANOS EXPLORER 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."

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.

NAM 1330-52.215-70 SCHEDULE OF DELIVERABLES (SEPT 2005)

CONTRACT DELIVERABLES

ITEM

DESCRIPTION QTY DUE DATE

DELIVER

TO

REFERENCE

Insurance

Certificate

Within 2 days of contract award

See Block

#7 of SF33

CAR 1352.271-79

and CAR

1352.271-90

2 SASH Training 1 Within 30 days of contract award

COR

NAM

1330-52.222-70

Specification

Deliverables

(List Not Inclusive)

Various See Specification COR Specification

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.

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 30 business days 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 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 http://www.ago.noaa.gov/quicklinks/harassment_training.html http://noaasashhelpline.org/

(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.

NAM 1330-32.7003 NOAA TRANSITION TO THE INVOICE PROCESSING

PLATFORM ELECTRONIC INVOICING SYSTEM (FEB 2023)

Beginning October 1, 2023, when NOAA implements the Department of Commerce Business

Applications Solution, the Contractor must submit payment requests electronically through the

U.S. Department of the Treasury's Invoice Processing Platform (the IPP) System. The Contractor must use the IPP website to register, access, and submit payment requests. The IPP website address is https://www.ipp.gov.

"Payment request" means any request for contract financing payment or invoice payment to the

Contractor. To be considered proper, invoices must be prepared in accordance with, and contain all elements specified in, the contract payment clause (e.g., FAR 52.212-4(g), FAR

52.232-25(a)(3), FAR 52.232-26(a)(2), FAR 52.232-27(a)(2)). All supporting documents required by the Contracting Officer must be included as attachments to payment requests submitted through the IPP.

https://www.ipp.gov/

If the Contractor is unable to comply with the requirement to submit payment requests through the IPP due to a threat to national security; a matter of unusual or compelling urgency; or because the political, financial, or communications infrastructure of a foreign country does not support access to the IPP, the Contractor must request an exception in writing. Contact the

Contracting Officer for more information about requesting an exception.

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

(OCT 2022)

(a) The NOAAAGO Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting.

3. Identify constraints in transparency.

(b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer…