Sol___693JF718Q000041.pdf

Sol # 693JF718Q000041

pg. 3

TABLE OF CONTENTS

SECTION 1 - STANDARD FORM (SF) 1449 Solicitation/Contract/Order for Commercial Items (cont.)

Statement of Work/Specifications/Diagrams………………………………………………………4-17

SECTION 2 – CONTRACT CLAUSES……………………………………………………….........11-20

52.252-02 Clauses Incorporated by Reference (FEB 1988) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JUL 2018)

SECTION 3 – SOLICITATION PROVISIONS…………………………………………………...20-23

52.252-01 Clauses Incorporated by Reference (FEB 1988) 52.212-1 Instructions to Offerors (Addendum) – Commercial Items (JAN 2017) 52.212-2 Evaluation (Addendum) - Commercial Items (OCTOBER 2014) 52.217-3 Offeror Representations and Certifications-Commercial Items (JAN 2017) 52.216-1 Type of Contract (APR 1984) 52.233-2 Service of Protest (SEP 2006)

pg. 4

SECTION 1 – STANDARD FORM (SF) 1449 Solicitation/Contract/Order for Commercial Items (cont.)

STATEMENT OF WORK/SPECIFICATION/DIAGRAMS

OVERVIEW

The United States Merchant Martine Academy (USMMA) is an agency of the Maritime Administration (MARAD) managed by the United States Department of Transportation.

The USMMA is listed on the National Register of Historic Places. Therefore, all work shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR part 68) http://www.nps.gov/tps/standards/four-treatments/treatment-guidelines.pdf.

All work shall meet or exceed the standards provided in the Secretary of the Interior’s Standards for Rehabilitation and guidelines for applying the standards published by the National Park Service, U.S.

Department of the Interior 36 CFR 67.7 - Standards for rehabilitation.

OBJECTIVE

The Maritime Administration (MARAD) seeks a qualified and experienced contractor to provide labor, material, transportation, tools, equipment and supervision to provide Landscaping services throughout the U.S. Merchant Marine Academy (USMMA) campus grounds. The services include:

• Removing forty-four (44) trees

• Grinding all stumps to twelve (12) inches below grade

• Back-filling the stumps with soil and area seed

PLACE OF PERFORMANCE

USMMA

300 Steamboat Road Kings Point, N.Y. 11024

PERFORMANCE SCHEDULE

• Days: Monday thru Friday

• Hours: 0730 to 1630 (7:30am to 4:30pm)

• Period of Performance: Work is to be completed within 45 calendar days after notice to proceed (NTP) is approved.

Note: The project should be performed during normal business hours unless approval is granted by the Contracting Officer (CO).

pg. 5

DELIVERABLES

• Remove and dispose of forty-four (44) trees throughout the campus. See ‘Tree Information’ for locations and species of trees.

• Grind each stump and buttress roots twelve (12) inches below grade and disposal of debris. Where necessary, removing subsurface roots to eliminate “humps” in the lawn areas adjacent to the stumps.

• Backfill the areas disturbed by removal operations to the level of the adjoining grade with pulverized top soil.

• All disturbed areas back-filled, will be seeded.

• Where necessary, provide adequate barricades and/or flag persons during operations to protect workers, motorists and pedestrians.

• Take necessary precautions to eliminate damage to adjacent trees, shrubs, lawns, curbs, walkways or other property.

• Take necessary precautions to protect all utilities from damage including overhead electric, telephone and cable lines.

• Make necessary arrangements with utility companies for the removal of any limbs and branches that may conflict with or create a hazard in conducting removal operations.

GENERAL

• The contractor shall provide all labor and material, transportation and supervision in the performance of all tasks detailed in this statement of work.

• Remove and dispose of all debris off campus grounds.

• All work is to conform to federal, state and local regulations and codes.

• Maintain a work area compliant with safety standards.

• Areas worked on shall be cleaned and secured on a daily basis.

• Any damage to existing facilities or appurtenances shall be repaired or replaced in kind, by the contractor at no cost to the Government.

• Examine existing conditions prior to any repair activities, site visit will be scheduled to inspect the site where services are to be performed.

• Excess material and debris shall be disposed of in accordance with local and state ordinances.

• No vehicles shall be driven on the sidewalks or grass.

• Make every effort to minimize the impact to the daily routine of the Academy.

CLOSE OUT

• The contractor shall provide a signed warranty of any damage, defective material and improper workmanship on any material provided in this contract.

• Materials and labor to be warranted for one year after installation, and equipment to be warranted per manufacturer

pg. 6

GOVERNMENT FURNISHED PROPERTY, MATERIAL, EQUIPMENT OR

INFORMATION

Not Applicable (N/A)

CONSIDERATIONS

• Submit schedule showing area to be worked on, dates of work, and estimated timeline for completion of the task(s)

• Maintain communication with the COR (and immediately inform the COR of any unforeseen issues or problems that arise).

• Inform COR of any anticipated disruption in services for construction at least three (3) days in advance

pg. 7

TREE INFORMATION

TAG

NUMBER SPP TREE TYPE DBH MAINTPRIM X Y LOCATION

32 Morus Rubra Red Mulberry 21 Remove 696561.4932 722533.0059

Quarter’s between driveway and Sunset Road

73 Acer Platanoides Norway Maple 40 Remove 696170.8637 722359.9548

Steamboat Road across from Samuels and the Fitch Buildings

33 Morus Rubra Red Mulberry 24 None 696572.3852 722526.0416 Quarter’s Left of driveway

45 Acer Platanoides Norway Maple 18 Remove 696403.0629 722593.9313 Quarter’s O Left side of driveway

86 Ulmus Americana American Elm 14 Remove 696436.1218 722181.2164 McNulty Campus near walkway and benches

37 Acer Platanoides Norway Maple 23 Remove 696612.788 722428.8413 Quarter’s L right side of garage

87 Ulmus Americana American Elm 18 Remove 696439.1676 722165.8844 McNulty Campus near walkway and benches

70 Acer Platanoides Norway Maple 21 Remove 696124.6806 722401.4884 McNulty Campus near last house

39 Morus rubra Red Mulberry 15 Remove 696453.5387 722532.0969 Quarter’s L bottom left of driveway

101 Acer rubrum Red Maple 26 Remove 696329.187 722159.5628 McNulty Campus Fenceline of Quarter’s P

30 Fraxinus Americana

American White Ash 39 Remove 696528.5228 722539.3692 Quarter’s L left of driveway

0 Acer platanoides Norway Maple 18 Remove 696422.4976 722116.7655

McNulty Campus near Quarter’s M walkway and fence

114 Liquidambar styraciflua

American Sweetgum 25 Remove 696429.3079 722149.1985 McNulty Campus near walkway and benches

126 Quercus palustris Pin Oak 24 Remove 696462.7997 722080.9935 Steamboat Road next to walkway entrance

142 Acer platanoides Norway Maple 18 Remove 697217.8847 721745.5924

Steamboat Road Tombs Field just past guard booth

pg. 8

TAG

NUMBER SPP TREE TYPE DBH MAINTPRIM X Y LOCATION

171 Liquidambar styraciflua

American Sweetgum 30 Remove 697069.8264 721286.3304 Quarter’s B near

Grenwolde fence

183 Acer platanoides Norway Maple 23 Remove 696872.8434 721283.5314 Grenwolde fenceline by switchgear

192 Acer platanoides Norway Maple 21 Remove 696819.6693 721554.1662

Barry Hall side of Arcadeon O’Hara Hall side

189 Acer platanoides Norway Maple 20 Remove 696849.3994 721375.7778 Roadway near

Switchgear

182 Carya tomentosa

Mockernut Hickory 27 Remove 696912.1078 721394.3413 Switchgear near

Quarter’s B fence

250 Tilia Cordata Littleleaf Linden 17 Remove 696372.9619 721806.6124 Front of Library

262 Pinu Strobus Eastern White Pine 16 Remove 696627.3747 721929.3464

Bowditch Hall near walkway in Marvin Place

312 Fagus sylvatica

European Beech 43 Remove 696098.4902 721562.3566 Wiley Hall porch by

Admin Row

317 Quercus Palustris Pin Oak 31 Remove 6960009.2276 721453.2478 Chapel Circle

339 Quercus rubra

Northern Red Oak 31 Remove 696237.6912 720949.1817 Melville Hall Circle

356 Quercus Palustris Pin Oak 29 Remove 696728.8356 721293.4518 Near Cleveland Hall

Gazebo

357 Pin Strobus Eastern White Pine 29 Remove 696749.6659 721325.1522 Near Cleveland Hall

Gazebo

351 Acer Saccharum Sugar Maple 28 Remove 696659.6322 721284.3481 Near Cleveland Hall

Gazebo

367 Acer Platanoides Norway Maple 14 Remove 696639.8163 721098.4397 Corner of Peabody

Drive

393 Tilia Cordata Littleleaf Linden 31 Remove 696406.1403 720712.7717 Peabody Drive near

Quarter’s A driveway

pg. 9

TAG

NUMBER SPP TREE TYPE DBH MAINTPRIM X Y LOCATION

355 Acer Platanoides Norway Maple 26 Remove 696694.2835 721401.3669 Barry/Rogers Hall rear near generator

390 Tilia Cordata Littleleaf Linden 30 Remove 696496.4847 720683.143 Peabody Drive behind

Patten

387 Tilia Cordata Littleleaf Linden 27 Remove 696553.8213 720679.6497 Peabody Drive behind

Patten

0 Fagus grandifolia

American Beech 15 Remove 696159.0628 720750.1708 Quarter’s A left side of house

407 Fraxinus Americana

American White Ash 43 Remove 696198.665 720838.2637 Quarter’s A rear of house

408 Fagus grandifolia

American Bench 18 Remove 696102.1567 720804.2228 Quarter’s A rear walkway to water

417 Pseudotsuga menziesii Douglas Fir 16 Remove 696302.1686 720712.1363 Quarter’s A left side of driveway

449 Quercus Palustris Pin Oak 22 Remove 698048.6923 721760.7417 Upper Roosevelt Field on Kings Point Road

446 Quercus rubra

Northern Road Oak 34 Remove 698008.761 721669.7623

Upper Roosevelt Field on Kings Point Road near house

0 Unknown tree 12 Remove 696235.3174 720709.3609 Quarter’s A near

Quarter’s D

137 Acer Platanoides Norway Maple 14 Remove 696866.6391 722368.8165 Elmridge Road behind

DPW

174 Liriodendron Tulipifera Tulip Tree 32 Remove 696999.7869 721313.2961 Quarter’s B near

Greenwolde fence

252 Liriodendron Tulipifera Tulip Tree 34 Remove 696456.5467 721666.3312 Wiley Hall circle right side near flagpole

300 Tilia Cordata Littleleaf Linden 23 Remove 695707.248 721511.2585 Pool area near seawall, last tree

pg. 10

CONTRACT CLAUSES

52.252-02 – Clauses Incorporated by Reference (FEB 1988)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

http://acquisition.gov/far/current/html/FARTOCP52.html

Clause Title Date 52.212-4 Contract Terms and Conditions—Commercial Items Jan 2017 52.233-1 Disputes May 2014 52.236-2 Differing Site Conditions April 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements April 1984

52.236-12 Cleaning Up April 1984 52.242-12 Suspension of Work April 1984 52.244-6 Subcontracts for Commercial Items Nov 2017 52.245-1 Government Property Jan 2017 52.246-1 Contractor Inspection Requirements April 1984 52.246-2 Inspection of Supplies-Fixed Price Aug 1996 52.246-4 Inspection of Services-Fixed Price Aug 1996

Clauses Incorporated by Full Text

52.212-5 -- Contract Terms and Conditions Required To implement Statutes or Executive Orders— Commercial Items (JUL 2018)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

pg. 11

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

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

___ (5) [Reserved]

___ (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 (Oct 2015) (31 U.S.C.

6101 note).

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

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

pg. 12

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

__X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

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

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

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

pg. 13

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

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

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

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

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

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

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

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

_X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

pg. 14

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

_X__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X__ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

_X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

pg. 15

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

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

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

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

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) 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

pg. 16 contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

_X__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

pg. 17

(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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

pg. 18 subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

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

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

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

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

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

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (May 2014), (41 U.S.C.

chapter 67).

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

chapter 78 and E.O. 13627).

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

13627).

(xiv) 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.)

(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 (Oct 2015) (E. O. 12989).

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

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

pg. 19

(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.

(May 2014) (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 (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of Clause)

SECTION 8 – SOLICITATION PROVISIONS

52.252-01 – Provisions Incorporated by Reference

Provision Title Date 52.212-1 Instructions to Offerors-Commercial Items Jan 2017 52.212-2 Evaluation-Commercial Items October 2014 52.214-34 Submission of Offers in the English Language April 1991 52.214-35 Submission of Offers in U.S. Currency April 1991

Provisions Incorporated by Full Text

52.212 -1 Instructions of Offerors-Commercial Items—Addendum (January 2017)

• Ensure organization is registered in System for Award Management (SAM) www.sam.gov

• This is a notice that the procurement is a total set-aside for Small Business

• Only quotes submitted by Small Business will be accepted by the government

• Any quote that is submitted by a contractor that is not Small Business will not be considered for award

• Representations & Certifications can be completed electronically

pg. 20

Acceptable Offerors

Proposal packages should be filled out, executed and submitted in accordance with the instructions in the invitation [solicitation]. Please utilize the indicated proposal submittal packages to submit an offer and forward the copies to ensure receipt at the office indicated on the Standard Form 1449, Solicitation/Contract/Order for Commercial Items (front page of contract) no later than the date and time indicated.

If a vendor uses its own proposal form or a letter to submit the offer, it may be considered only if, (1) the offeror accepts all terms and conditions of the Request for Quote (RFQ), (2) this acceptance is indicated in writing and, (3) award on the proposal would result in a binding contract with terms and conditions that do not vary from the terms and conditions of the RFQ.

Offerors must submit proposal and cost/price packages in the English language. Offers received in other than English shall be rejected. The proposals shall not be greater than five (5) pages with a font style and size of Times New Roman 12.

Faxed or telegraphic (telegram or mailgram) proposal submissions will not be accepted. Each proposal must be enclosed in a sealed envelope clearly marked with the name and address of the bidder, project number and title. Any proposal received after the time and date specified will not be considered.

Interested offerors can submit proposal packages via e-mail, express mail or US Mail.

U.S. DEPARTMENT OF TRANSPORTATION

MARITIME ADMINISTRATION

OFFICE OF ACQUISITION (MAR-380)

1200 NEW JERSEY AVENUE

WASHINGTON, DC 20590

W26-445

ATTN: Nicole Price, Procuring Contracting Officer nicole.price@dot.gov Judy Bowers, Lead Contracting Officer judy.bowers@dot.gov

Telegraphic offers (submitted by telegram or mailgram) will not be accepted

Communication

The offeror is instructed to contact only the solicitation Issuing Office for information about any aspect of the solicitation. All communication regarding this solicitation should directed to the Lead Contracting Officer, Judy Bowers, at judy.bowers@dot.gov and the Procuring Contracting Officer, Nicole Price, at nicole.price@dot.gov . Communication is preferred via email. The offeror must confirm receipt of communication submitted by these methods. The offeror is cautioned against contacting Government technical personnel regarding this solicitation prior to award of this procurement.

pg. 21

ALL QUESTIONS regarding this solicitation must be sent to the Lead CO and Procuring CO via email. Any questions received after the cut-off dates, the Government will make reasonable attempts to answer. The Government may not extend the proposal due date because of any questions. Responses to all questions submitted will be posted as an amendment to this solicitation on https://www.fbo.gov/.

Contract Administration

All contract administration matters will be handled by the following individuals:

ATTN: Nicole Price, Procuring Contracting Officer nicole.price@dot.gov Judy Bowers, Lead Contracting Officer judy.bowers@dot.gov

(End of Provision)

52.212-2 Evaluation--Commercial Items Addendum

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the lowest price technically acceptable. The following factors shall be used to evaluate offers:

• Factor 1 - Technical Qualifications/Experience

The Offeror provides a project plan and a work breakdown staffing plan that thoroughly demonstrates to OBC the Offeror (1) has a thorough understanding of the SOW; (2) proposes a realistic and viable approach/plan of action; (3) has the available resources to perform the project; (4) identifies any potential problems and/or critical issues that will relate to the successful completion of the project; and (5) milestone schedule.

• Factor 2 - Price

a) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 Offeror Representations and Certifications – Commercial Items (JAN 2017)

An offeror should complete the representations and certifications online via www.sam.gov

(End of Provision)

pg. 22

52.216-1 Type of Contract. (Apr 1984)

(a) The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

(End of provision)

52.233-2 Service of Protest (SEP 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

Office of Acquisitions (MAR-380) U.S. DOT/Maritime Administration 1200 New Jersey Ave. S.E.

Mail Stop: W28-201 Washington, DC 20590

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

(End of Provision)