Sol___693JF718R000043.pdf

Sol # 693JF718R000043

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TABLE OF CONTENTS

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

Overview/Period of Performance/Scope of Work…………………………………………………5-10

SECTION 2 – CONTRACT CLAUSES……………………………………………………….........11-21

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 (AUG 2018) 52.217-8 Option to Extend Services (NOV 1999) 52-217-9 Option to Extend the Term of the Contract (MAR 2000)

SECTION 3 – SOLICITATION PROVISIONS…………………………………………………...21-24

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)

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

OVERVIEW

The U.S. Maritime Administration (MARAD) Office of Policy and Plans focuses on maritime transportation strategy, policy, data and statistics, economic analysis and stakeholder engagement. MARAD’s mission is to foster and promote the U.S. Merchant Marine and the American maritime industry to strengthen the maritime transportation system — including landside infrastructure, the shipbuilding and repair industry, and labor — to meet the economic and national security needs of our Nation. To meet its mission requirements, MARAD is required to have a thorough knowledge of U.S. and international trading merchant ships, including their characteristics, ownership, where and how they are built, and routes in which they trade.

The Office of Policy and Plans must be prepared to produce reports and statistics on these issues, sometimes on short notice, and therefore must have readily available detailed maritime transportation data. MARAD uses this information to identify and substantiate government and commercial fleet recapitalization strategies, ascertain available training platforms (i.e., ships and other vessels) for U.S. credentialed mariners, and identify the scope of U.S. Merchant Marine presence in international trade.

PERIOD OF PERFORMANCE

The contract shall cover a base period, from date of award through 12 consecutive months, and four (4) options that allow the Government to unilaterally extend the contract period for 12 months each.

Anticipated Contract Durations are as follows:

Base Period - September 2018 to September 2019 Option Year 1 - September 2019 to September 2020

Option Year 2 - September 2020 to September 2021 Option Year 3 - September 2021 to September 2022

Option Year 4 - September 2022 to September 2023

NOTE: If the Proposed due date is extended for any reason, then the performance period dates for the Base Period and Option years will be adjusted accordingly upon contract award.

pg. 6

SCOPE OF WORK

The United States Maritime Administration (MARAD) Office of Policy and Plans requires a contractor to provide the following data elements:

• Online services (which can be queried on an ad hoc basis and download in bulk)

• Maritime data, research, and data files (such as Microsoft Excel or Access formats) including large data sets that can be reliably and efficiently downloaded for independent use or merged with maritime data sets from other sources.

• Supplied data that include movement information and detailed characteristics for vessels over 100 gross tons

Task - Online services

• Online services search capabilities for ship/vessel research that include:

o Vessel name o Vessel ex-name history o Vessel flag country o Maritime Mobile Service Identity (MMSI) number o International Maritime Organization (IMO) number o International Call Sign o Tonnage (deadweight and gross tons) o Twenty-foot equivalent unit (TEU) container capacity o Vessel length, beam, draft o Vessel country of registry o Vessel builder’s name and country o Vessel operator name and country o Year built o Vessel type o Vessel operating status o Vessel parent company name and country o Vessel operator name and country o Gross Tons o Deadweight Tons o TEU (twenty-foot equivalent unit) container capacity search o Vessel owner of record name and country o Vessel owner country of domicile o Vessel beneficial owner name and country o Vessel operator name and country o Vessel parent company name and country o Vessel operator name and country o Vessel Manager name and country o Vessel operating status o Main Engine Builder o Number of Engines o Propulsion power (horsepower or kW) o Number of Decks o Propulsion Type

pg. 7 o Fuel Type o Vessel speed o Grain Capacity o Liquid cargo capacity o Length and number of Ro/Ro Lanes o Number of Hatches and Holds o Ship type classified by industry standard STATCODE5 o Ship builder o Ship status o Ship status effective date o Lifting Gear o Roll-on/Roll-off ramp capacity o Roll-on/Roll-off ramp dimensions

• Online service tied to vessel Automatic Identification System (AIS) sensors or satellite positioning sensors, enabling the end user to view a live GPS position of a ship or other reporting vessel. This shall include, but not be limited to: last/next port of call; estimated time of arrival (ETA); course and speed. Also, the information shall also be searchable by any of the fields listed above or equivalent. All information displayed shall be validated, and if necessary corrected, by an authoritative source of vessel registry information before time of display. Unlimited data shall be available for download and manipulation, analysis, and comingling with data from other sources.

• Data files displaying AIS movements throughout the world hourly for all vessels equipped with such technology for the calendar year. Data will be available for download for all vessels specified by the user.

• Online search capabilities for information and research on major worldwide ports and terminals. This information shall include, but is not limited to: marine cargo handling capabilities by type of cargo, berth information (number, length, depth at berth), port authority/terminal owner information, and vessels calling at specific ports.

• Capability to provide e-mail alerts based off a user’s pre-set search criteria, or equivalent.

• Approximately five (5) concurrent user licenses for this service, not limited to specific computers or IP addresses. This is required by the Federal Government Telework policy or equivalent.

Task - Maritime Industry Data Files

Several Maritime Industry data files containing movement information on ships and vessels over 100 Gross Tons during the previous complete calendar year (base year) renewable annually at the sole option of MARAD.

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• Decoding files/Data Linking o Any data files, decryption or other software to facilitate the use of their product fulfilling the above requirements.

o The data files must have the ability to be linked together. The movement data file shall cover the previous complete calendar year for each individual vessel.

Movement, vessel, and port data files should share a common data field, whether it be a Lloyd’s number, IMO Registry number, Country/place code (denoted by the offeror), or equivalent.

• Explanation File (Word Document or equivalent) o An end user to link multiple tables together in Microsoft Access’ Design View for data manipulation. Explanation on a Word document or equivalent of the data fields o All three data files - Movement, Vessel, and Port - shall be in Microsoft Access database format (.accdb or equivalent). Data provided must be fully compatible with Microsoft Access, (MARAD provided) or equivalent.

o Data files with the ability to be linked and capability of being transferred over File Transfer Protocol (FTP) due to size limitations with electronic mail.

o Technical support for any questions or concerns that may arise during the use of the online service and data files.

Task - Historical Industry Data Files (Optional)

Historical Data Files (prior to 2012) for previous calendar years up to four previous years. The Historical Industry Data Files requirement shall include:

o Lloyd’s Register number o Vessel IMO number o Arrival Date o Arrival Date with time o Estimated Time Arrive (ETA) o Hours spent in port (cargo handling time) o Movement Type (Transit, normal calling, or equivalent) o Sailing date o Sailing date with time o Ship’s Name o Ship’s Type o Ship’s Origin o Ship’s destination (defined as a country) o Destination port (Specify city or terminal, or equivalent) o Destination port GPS coordinates

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• Vessel data file with all vessels over 100 Gross Tons should include:

o Lloyd’s Register number o Vessel name o Registry flag o Year of Build o Tonnage (Gross, Net and Deadweight) o Vessel Type o TEU capacity o Hull type o Owners (Group, Registered, Operator, Manager)

• Port Data File with all worldwide ports handling marine cargoes include:

o Port ID & Name o Time Zone o Country Code and Country o Longitude and Latitude (Coordinates) o Terminal Types (includes, but not limited to: Breakbulk, container, gas, dry bulk, multipurpose, passenger) o Berthing configurations/characteristics – Beam, length, overall, and drafts o

Other - Section 508 (Fully compliant) o The movement data file shall cover the previous complete calendar year for each individual vessel. All three files shall be in Microsoft Access database format (.accdb or equivalent). This file should have the capability of being transferred over File Transfer Protocol (FTP) due to size limitations with electronic mail.

o Ideally, an end-user can take this large data file and extract information about a vessel’s specific trips over one calendar year utilizing Microsoft Access.

o This procurement will be on a firm-fixed price basis. All quotes should include option(s) for renewing the services provided in the first (base) year on an annual basis. Quotes should also reflect pricing options for the delivery frequency of the data (annually, semi-annually, monthly, etc.). These options will give the Federal Government, and not the vendor, the right to renew the services for an additional year(s) at a specified price provided by the vendor. Options for the online service

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Deliverables

• Data Files for the following:

o Movement information on ships and vessels over 100 Gross Tons with the following requirements for the previous complete calendar year, or equivalent o A vessel data file with all vessels over 100 Gross Tons, with the following requirements, or equivalent:

o A port data file with information on all worldwide ports handling marine cargoes, or equivalent

• Support Files for the data files:

o Any supporting files should be accompanied with the three (3) data files, if needed to decrypt data or enable usage in Microsoft Access, or equivalent o A Word document or equivalent document should accompany the data files of this requirement explaining each of the data fields included in the data files in detail, or equivalent

• Technical support for any questions or concerns that may arise during the use of the online service and data files.

END OF STATEMENT OF WORK

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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 52.227-17 Rights in Data-Special Works Dec 2007 52.233-1 Disputes May 2014 52.236-2 Differing Site Conditions April 1984 52.242-12 Suspension of Work April 1984 52.244-6 Subcontracts for Commercial Items Aug 2018 52.245-1 Government Property Jan 2017 52.246-1 Contractor Inspection Requirements April 1984 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 (Aug 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)

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

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(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.

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___ (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 (Aug 2018) (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 (Aug 2018) 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).

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___ (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).

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

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

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

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

___ (ii) Alternate I (July 2014) of 52.222-35.

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

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (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.)

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___ (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.)

___ (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).

___ (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).

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___ (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.

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

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 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).

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

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___ (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.

___ (iii) Alternate II (Feb 2006) 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 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 (Aug 2018) (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).

_X__ (4) 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).

___ (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).

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

13706).

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___ (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.

(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)).

pg. 19

(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 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 (Aug 2018), (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.)

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(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).

(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)

52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

pg. 21

52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of Clause)

SECTION – 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

• Representations & Certifications can be completed electronically

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 Proposal (RFP), (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 RFP.

pg. 22

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 fifteen (15) pages (not including attachments) 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.

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.

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)

pg. 23

52.212-2 Evaluation--Commercial Items Addendum

The Government will make a responsibility determination by analyzing the acceptability of the offer to the solicitation technical requirements. In order to be acceptable and eligible for evaluation, proposals must be prepared in accordance with Instructions and must meet all the requirements set forth in the other sections of this solicitation.

a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government reserves the right to trade off non-price factors with price. Technical Qualifications/Experience is slightly more important than price.

The following factors shall be used to evaluate offers:

• Factor 1 - Technical Qualifications/Experience

The proposal must address the following details:

o The vessel tracking system and Automatic Identification System (AIS). Is the online service tied to the AIS, shipboard sensors, satellite positioning sensor, enabling almost real-time updates of a ship’s position?

o The hours spent in port/cargo handling time. Does the online service and data file provide the hours spent in port/cargo handling time for a specific vessel?

o E-mail alerts, Watchlists or equivalent. Does the online service provide e-mail alerts, watchlists or equivalent?

o Microsoft Access database file (.accdb format) compatibility and File Transfer Protocol (FTP) capabilities. Are the data files accessible through a Microsoft Access database file and downloadable through FTP?

o Movement information, Vessel data and Port data availability across data files. Do the data files fulfill all three (3) of these MARAD requirements in the sub-factor?

• Factor 2 – Price

The Government will evaluate the reasonableness of the total price in accordance with FAR Part

15.4. The Government will evaluate the offer for award purposes by adding the total price for all options (if applicable) to the total price for the basic requirement. Evaluation of options shall not obligate the Government to exercise the option(s). The evaluation will be based on how well the cost proposal is assessed to be realistic, reasonable and complete. Costs proposed must reflect the efforts described in the technical proposal.

pg. 24

b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

c) 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.

(End of Provision)

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)

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)