6933A222Q000016 FY22 Dry dock combined synopsis solicitation.pdf

This is a COMBINED SYNOPSIS/SOLICITATION (CS/S) for commercial items prepared in accordance with the information in FAR Subpart 12.6, as supplemented with the additional information included in this notice.

This solicitation is advertised as Small Business Set Aside in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items.

This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES

OF THIS CS/S WILL NOT BE AVAILABLE. This CS/S SHALL be posted to beta.SAM.gov. NOTE:

FBO.gov has been moved to https://sam.gov/

The RFQ number is 6933A222Q0000016. This CS/S documents and incorporates provisions and clauses in effect through FAC number 2022-06 effective 05-26-2022. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The FAR clauses may be accessed in full text at the following address: https://www.acquisition.gov/browse/index/far.

The NAICS code is 336611, SIC code 3731 and the Small Business Standard is 1,250 Employees.

The U.S. Department of Transportation, Maritime Administration (MARAD), Norfolk, VA intends to solicit industrial support for dry dock repairs for Kings Pointer. Issuance of a firm fixed price purchase order is anticipated for service and material to perform this work in accordance with specifications in the Statement of

Work (SOW) - ATTACHMENT I. Quoters are to submit pricing for all materials, dry dock, services, equipment and labor required to complete work on the vendor price sheet, ATTACHMENT II. Service shall take place at contractors’ shipyard.

SHIP CHECK: A site visit will be held on Tuesday, July 12, 2022 at 10:00AM EST. Failure of a prospective quoter to submit any questions or to attend the site visit will be construed to mean that the quoter fully understands all requirements of the solicitation. Prospective quoters are advised that the site visit will be held solely to allow quoters an opportunity to gain the best possible understanding of the working environment and specific work items to be addressed under contract to allow for an accurate and complete price quote. All prospective quoters are advised that after the site visit, unless this solicitation is amended in writing, it will remain unchanged and, that if an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment shall be applicable.

The cut-off date for questions in response to this site visit and solicitation is Thursday, July 26, 2022 at

4:00 p.m. EST.

NOTE: To minimize exposure risk during the COVID-19 pandemic, this will be the ONLY site visit. All attendees are required to provide their own personal protective equipment. Attendees/Contractors shall consider cost for and comply with all state, local, academy and vessel requirements for COVID-19 testing, quarantine and mitigation for the site visit and after award, if any. It is the responsibility of the attendees/Contractors to account for any holidays at state, local, academy and vessel levels that may be observed and potentially impact work progress. The point of contact for the site visit, COVID-19 protocol, and holiday coordination is Tim Mcgeein

Frank Denietolis at timothy.mcgeein@dot.gov on all message traffic regarding this solicitation.

SOLICITATION 6933A222Q000016

TRAINING KINGS POINTER(TVKP)

FY 22 REGULATORY DRY DOCK

https://sam.gov/ https://www.acquisition.gov/browse/index/far mailto:timothy.mcgeein@dot.gov

All quotes and quotation submission information, including Unique Entity ID (UEI), is due no later than

Wednesday 17 August 2022 by 4:00 p.m. Eastern Standard Time and the method for submittal of quotation information is via email to Thomas.lucas@dot.gov. Please reference solicitation number 6933A222Q000016 on the quote submittal information. Submission information includes signed acceptance of any amendments issued in response to this combined synopsis/solicitation.

NOTE: LATE QUOTATIONS WILL NOT BE CONSIDERED FOR EVALUATION.

Understanding

Failure of a prospective offeror to submit any questions or to attend the site visit will be construed to mean that the offeror fully understands all requirements of the solicitation. Prospective offerors are advised that the site visit will be held solely to allow offerors an opportunity to gain the best possible understanding of the working environment and specific work items to be addressed under contract in order that they may prepare an accurate and complete price quote. All prospective offerors are advised that, upon conclusion of the site visit, unless this CS/S is amended in writing, it will remain unchanged and, that if an amendment is issued, normal procedures relating to the acknowledgment and receipt of any such amendment shall be applicable.

Period of Performance

The Period of Performance (PoP) is 08 November 2022 thru 20 December 2022. A kick-off meeting will be scheduled by Tim McGeein prior to actual commencement of work to discuss and clarify any issues relative to any award.

ATTENTION

In the event a Request for Equitable Adjustment (REA) is submitted, all documentation/receipts must be provided to MARAD to substantiate total cost. The list of substantiating items includes but is not limited to:

Description of REA issue/circumstances with reference to any associated CFR/DO, if any

Time sheet/s for period covered, (copy, jpg…must be clear and legible)

Travel receipts

Lodging receipts

Per Diem verification

Complete description of work days lost: Date/s, occasion (holiday, closure, no access to facility/vessel…)

Hourly rate of pay per individual, i.e. Fitter: $18.00 per hour, Welder $20.00 per hour, Management individuals shall provide an hourly rate based on gross salary at 40 hours per week.

(For example: 40 hours x 52 weeks equals 2080. At $75,000 a year, the hourly wage is $75,000/2080, or

$36.06).

The Government reserves the right to request any other documentation or explanation deemed necessary to determine a substantiated, justifiable REA. Computations shall be performed as follows:

Per Diem and Lodging: (Daily Rate x # days x #person/s); Lost Days: (Hourly Rate of Individual/s x #hours x

#days). Contractor shall provide computations for each individual. No more than 8 hours per day.

Computations shall not utilize the hourly labor rate for Work Items stated in any submitted quote. No overtime shall be included in any computation.

ATTENTION

Minority, Women-Owned, and Disadvantaged Business Enterprises (DBEs). The Department of Transportation

(DOT), Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts. Maximum line of credit is $750,000 with interest at the prime rate, as published daily in the Wall Street Journal, plus 1.75 percent. For further information, call (800) 532-1169 or e-mail stlpinfo@dot.gov.

mailto:Thomas.lucas@dot.gov mailto:stlpinfo@dot.gov

QUOTATION SUBMISSION INSTRUCTIONS: In addition to the referenced provision 52.212-1, Instructions to Quoter – Commercial ItemsProducts and Commercial Services, quoters shall ensure the following:

(1) System for Award Management (SAM) Registration. CURRENT SAM REGISTRATION IS REQUIRED. Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.beta.sam.gov. Lack of registration in SAM may make an quoter ineligible for award. Information on how to register and the time required is detailed in FAR 52.204-7.

(2) Representations and Certifications. Quoters are strongly encouraged to complete the annual representations and certifications of FAR 52.212-3 electronically in SAM accessed through https://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, the quoter shall submit a completed copy of the representations and certifications at FAR 52.212-3 available at https://www.acquisition.gov/browse/index/far with the quotation.

DO NOT INCLUDE ANY OTHER ADDRESSEES IN THE “ TO” LINE OTHER THAN

Thomas.lucas@dot.gov and no other addressees at MARAD i.e. @dot.gov, in the “Cc” line when submitting quote. Submissions go to the Contracting Officer AND NO OTHERS.

1. Technical submittal

A. Provide a Gantt chart or similar illustrating your proposed project schedule for the Period of Performance of

08 November 2022 through 20 December 2022 for the individual work items. Additionally, specify workforce numbers and classifications throughout the period of performance.

B. Provide a listing of subcontractors who are expected to provide services onboard TVKP at a subcontract price equal to or great than $10,000.00. Include the name of the company and their address.

C. Provide a technical approach narrative addressing how the individual work items will be accomplished. The narrative shall not exceed six (6) 8 ½ x 11 single sided typewritten pages using Times New Roman Font, 10 or 12 pitch.

D. Provide a listing of key personnel who are expected to be utilized during the availability and their resumes.

Example of key personnel: Ship Superintendent, Quality Assurance Manager, Sub- contractor

Superintendent.

E. Provide a copy of proposed Welder(s) ABS stamped Welder Performance Qualification Record, Welding

Procedures Specifications and Procedure Qualification Record.

F. Provide certification of current Dry-Dock/Graving Dock capability

G. Provide proposed Dry-Docking plan to reflect keel and side block positions.

NOTE: SOW General Requirements Item 11, Safe for Hot Work: Any firm selected for purchase order issuance shall be prepared to submit a copy of certification demonstrating the “Competent Person” has completed a National Fire Protection Association (NFPA) approved course for shipyard competent persons, to the Contracting Officer Representative (COR) after issuance of purchase order.

2. Past performance submittal https://www.beta.sam./ https://www.sam.gov/ https://www.acquisition.gov/browse/index/far mailto:Thomas.lucas@dot.gov

A. Provide a listing of work completed within the past 3 years on ocean going ships or shore side industrial facilities having similar equipment and machinery characteristics to those aboard the TVKP.

B. Include with that listing the contact information of the owner/operator of the vessel/facility and the name of the owner/operator’s Contracting Officer or person responsible for the oversight of your work/contract.

C. Provide the total value of the contract/job and the contract type (time and materials or firm fixed price).

3. Pricing - Complete pricing using the vendor pricing sheet - Attachment II. The line item pricing shall coincide with all priced work items listed in the statement of work. Quote shall provide a fully burdened hourly labor rate.

4. Validity of quote – MARAD prefers that quote be valid for a period of 90 days. (Please specify how many days the quote is valid from date quotation received).

BASIS FOR AWARD – Award will be made to the responsible quoter on a Lowest Price/Technically

Acceptable basis. The Government plans to evaluate quotes and make award without conducting discussions. Quoters may be given the opportunity to clarify certain aspects of their quote or resolve minor or clerical errors. Award will be made to the responsible company with the lowest total evaluated price whose quote is acceptable for all non-price evaluation factors. The government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

EVALUATION FACTORS: The factors listed below shall be used to evaluate quotes. Non-price factors will be evaluated on an acceptable/unacceptable basis:

1. Technical Acceptability - Technical information will be evaluated to determine if the quoter’s technical submittal information is sufficient to meet the requirements described in the Statement of Work.

2. Past Performance - Past performance information will be evaluated to determine the quoter’s ability to perform the contract successfully and degree of performance risk associated with a quoter. MARAD will use its discretion to determine the sources of past performance information, and the information may be obtained from references provided, MARAD’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases. A quoter with no past performance relating to service on an ocean-going ship or shore side industrial facilities having similar equipment and machinery characteristics to those aboard the TVKP within the past 3 years will be evaluated as neutral.

3. Price - Total evaluated price will be the sum of quotes for all contract line items.

Technical submittal information and Past Performance Information will be evaluated as follows:

Rating Definition

Acceptable (A) All of the minimum acceptable criteria are clearly met by the offer.

The quoter’s quotation meets the performance and technical capability requirements defined in the SOW and solicitation.

Unacceptable (U) Not all of the minimum acceptable criteria are met by the offer. An unacceptable offer contains one or more deficiencies. Offer fails to meet specified minimum performance and technical capability requirements defined in the SOW and solicitation.

Past Performance Rating Definition

Acceptable (A) – Based on the quoter’s recent and relevant past performance record, the

Government has a reasonable expectation that the quoter will be able to successfully perform the required effortQuoter’s relevant past performance record provides essentially no doubt that the Quoter will successfully perform the required effort. The Quoter has received satisfactory or better reviews regarding past performance.

The Quoter demonstrates from past performance examples an ability to provide services that were of satisfactory or better quality on a timely basis with little to no risk of unacceptable performance.

Unacceptable (U) Based on the quoter’s recent and relevant past performance record, the

Government has a low or no expectation that the quoter will be able to successfully perform the required effort.Quoter’s relevant past performance record provides essentially substantial doubt that the

Quoter will successfully perform the required effort. The Quoter has received unsatisfactory reviews regarding past performance. The

Quoter demonstrates from past performance examples an inability to provide services that were of satisfactory quality on a timely basis with high risk of unacceptable performance.

Neutral (N) An Quoter without a record of relevant past performance or for whom information on past performance is not available; the Quoter may not be evaluated favorably or unfavorably. In this case, the Government will provide a “Neutral” rating.

The following FAR provisions apply to this solicitation

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 quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter 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:

https://www.acquisition.gov/?q=browsefar

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

(Sep 2007)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements-Representation (Jan 2017)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) https://www.acquisition.gov/?q=browsefar

52.204-22 Alternative Line Item Proposal (Jan 2017)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

(Nov 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

52.211-6 Brand Name or Equal (Aug 1999)

52.237-1 Site Visit (Apr 1984)

52.212-1 Instructions to QuotersOfferors—Commercial ItemsProducts and Commercial Services (Nov 2021)

52.212-3 Quoter Offeror Representations and Certifications-Commercial Items Products and Commercial Services (Nov 2021)

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

▪ Tina Gillespie-Lucas

Contracting Officer, US Department of Transportation

Maritime Administration

Building 19, Suite 300

7737 Hampton Blvd

Norfolk, VA 23505

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

The following FAR clauses apply to this solicitation:

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: https://www.acquisition.gov/?q=browsefar

52.212-4 Contract Terms and Conditions—Commercial Items Products and Commercial Services (Nov 2021)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligation (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

52.222-49 Service Contract Labor Standards-Place of Performance Unknown (May 2014) .

As prescribed in 22.1006(f), insert the following clause:

Service Contract Labor Standards-Place of Performance Unknown (May 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: Connecticut, Florida, https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_1.html#wp1088681 https://www.acquisition.gov/?q=browsefar

Pennsylvania, Virginia and North Carolina. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by _1 August 2022.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial

Products and Commercial Services (May 2022).

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and

Commercial Services (May 2022)

(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 products and commercial services:

(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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I

(Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of

Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep

2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_X_ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) ( 15

U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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.

2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42

U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)

( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (

31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

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

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46

U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(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 products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 contract.

(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 products or commercial services. 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 (Nov 2021) ( 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46

U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (May 2022). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the

Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun

2010) (Section 1553 of Pub. L. 111-5).

(C) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(D) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(E) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(H) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(I) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(J) 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.

(K) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(L) ___ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

___ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(M) 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).

(N) 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).

(O) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(P) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(Q) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(R) (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

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

(S) 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).

(T) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(U) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(End of Clause)

The following MARAD clauses apply to this requirement:

U.S. MARITIME ADMINISTRATION

SOLICITATION PROVISIONS AND CLAUSES

Table of Contents

MCL.E-1 DELEGATION OF INSPECTION AND ACCEPTANCE -- AUG 2005

The Contracting Officer's Technical Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

MCL.F-2 DELIVERY AND SHIFTING OF VESSELS -- AUG 2005

I. Delivery

(a) Unless otherwise specified in the IFB or RFP, the Government shall deliver the vessel to the Contractor at a pre-determined location or point of transfer. The Contractor shall have sole responsibility for preparing the vessel for tow.

(b) Both parties shall mutually agree to any change in the time of transfer due to inclement weather or other unforeseen circumstances.

(c) Prior (no less than 48 hours) to the delivery of the vessel to the Contractor by the Government, it shall be the Contractor's responsibility to:

(1) Obtain United States Coast Guard load-line exemption and "permit to proceed."

(2) Have a recognized salvage association or qualified marine surveyor with expertise in towing requirements to certify the adequacy of the vessel to be towed and the tug(s) to be utilized for the tow.

(3) Provide the tugs, pilots, towing gear, equipment and any necessary riding crews involved in the vessel transfer.

(4) Obtain standard towing liability insurance.

(5) Provide sufficient sanitary facilities on the stern in the event a riding crew is necessary.

(6) Provide documents to the COTR that shall verify that items (1) through (5) above have been completed.

II. Transfer

(a) Upon transfer of the vessel, it shall be the Contractor's responsibility to:

(1) Complete a custody document which shall be countersigned by either the Government's Fleet Captain, Fleet Superintendent or Acting Fleet Superintendent, or Marine Surveyor for outported vessels.

(2) Provide proof to one of the officials referenced in (2.1.1) above that the requirements outlined in Section 1(1.3) of this clause are met.

III. Shifting While the vessel is in the custody of the Contractor, any necessary towage, shifting of the vessel's berth at Contractor's facility, carriage, or other transportation between the vessel and shop or elsewhere, which may be incidental to the work herein specified, shall be furnished by the Contractor without additional charge to the Government.

IV. Final Delivery

(a) After preliminary acceptance of the vessel by the Government's designated representative at the

Contractor's facility, the Contractor shall make arrangements with the COTR for re-delivery of the vessel to the Fleet site or other location designated by the Government. The Fleet Captain, Fleet Superintendent or Acting Fleet Superintendent, or Marine Surveyor for outported vessels shall make either conditional acceptance or final acceptance of the vessel at the point of transfer.

(b) Prior (no less than 48 hours) to the re-delivery of the vessel by the Contractor to the Government, it shall be the Contractor's responsibility to:

(1) Obtain United States Coast Guard loadline exemption and "permit to proceed."

(2) Have a recognized salvage association or qualified marine surveyor with expertise in towing requirements certify the adequacy of the vessel to be towed and the tug(s) to be utilized for the tow.

(3) Provide the tugs, pilots, towing gear, equipment and any necessary riding crews involved in the vessel transfer.

(4) Obtain standard towing liability insurance.

(5) Provide sufficient sanitary facilities on the stern, in the event a riding crew is necessary.

(6) Provide documents to the COTR that shall verify that items (1) through (5) above have been completed.

(c) Upon transfer of custody of the vessel back to the Government, the Contractor shall complete a standard custody document and have one of the officials referenced in section IV(a) of this clause countersign this document.

MCL.F-3 DRY-DOCKING AND BERTHING -- AUG 2005

(a) FOR CREWED VESSELS

(1) On entering and leaving Contractor's Facilities, the Contractor shall have charge of and be responsible for the vessel within the limitations of this Contract until the time the Contractor's lines are cast off.

(2) While in dry-dock or on a marine railway, the Contractor shall be responsible for the proper closing of all openings to the vessel's underwater body upon which work is being performed. The Contractor shall keep the COTR or the officer-in-charge of the vessel cognizant of the closure status of all valves and openings upon which the Contractor's workers have been working.

(b) FOR NON-CREWED VESSELS The Contractor shall have responsibility for the vessel from the point of transfer or delivery of the vessel to the Contractor to final redelivery at point of transfer of the vessel to the Government, which shall normally be at the vessel's reserve fleet or layberth moorings.

MCL.G-2 SCHEDULES AND SCHEDULE UPDATES FOR SHIP REPAIR

CONTRACTS -- AUG 2005

(a) The Contractor shall, within a period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer, with a copy to the COTR, for approval, an electronic copy or other format as directed by the Contracting Officer, a practicable, detailed schedule using appropriate project management software and technology, showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials and equipment). Format of the schedule and supporting information shall be in the electronic form and format directed by the Contracting Officer. The schedule shall include a summary in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a complete schedule package within the time prescribed, the Contracting Officer may withhold notice to proceed until the Contractor submits the required schedule.

(b) Periodically, with each invoice submitted, or at other intervals as directed by the Contracting Officer, the Contractor shall update the schedule showing the actual progress and estimated times and resources at completion compared with initial project elements. Failure to submit updated schedules with the invoice shall be grounds for the Contracting Officer's rejection of the entire invoice. The revised progress schedule information shall be delivered to the Contracting Officer in the format and at the times directed by the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the initial approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of facilities, and to submit for approval any supplementary schedule or schedules as the Contracting Officer deems necessary to demonstrate how the required rate of progress will be regained.

(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

(d) The Contractor shall plan and schedule all Open, Inspect, and Report Items as required by the Specifications such that they are accomplished within the first 25% of the availability, unless otherwise agreed by the Contracting Officer.

MCL.H-1 PETROLEUM -- AUG 2005

(a) Sources of fuel: The ship(s) operated under this contract shall obtain fuel (hereinafter in this clause referred to as

"fuel") from the following sources listed by priority:

(i) DFSC military stocks

(ii) DFSC contract

(iii) Commercial sources (authorized in the event (i) or (ii) sources are either not available or available only with ship diversion/delay unacceptable to the Government).

(b) The term "reasonable expense" as used in this clause, shall mean all reasonable cost except crew overtime, penalty time, or other additional emoluments, which were necessarily incurred in loading fuel on board the ships, such as…