693JF722R000010 - BOA-022822.LM rev.pdf

Solicitation # 693JF722R000010

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

(1) Action Code. Combined Synopsis Solicitation Notice- Basic Ordering Agreement (BOA)

(2) Date: February 28, 2022

(3) Contracting Office Zip code: 20590

(4) Product or Service Code (PSC): J999 – Non Nuclear Ship Repair

(5) NAICS Code:

(6) Set Aside:

336611– Ship Building and Repairing

N/A

(7) Contracting Office Address: US Department of Transportation / Maritime Administration

Office of Acquisition (MAR-380)

1200 New Jersey Avenue, SE

Washington, DC

(8) Subject: Basic Ordering Agreement (BOA) for San Francisco Bay geographical area for drydocking servicest. This BOA may include but is not limited to the following work described on the Index page of the Dry-Dock Specifications. (See Attached)

(9) Proposed Solicitation Number: 693JF722R000010

(10) Closing Response Date: March 22, 2022 at 4PM EST

(11) Points of Contact / Contract Specialist: Lisa Miles -Lisa.Miles@dot.gov and Contracting Officer Ken Egbuna- Ken.Egbuna@dot.gov

(12) Contract Award and Solicitation Number: XXXXXXXXXX/693JF722R000010

(13) Contract Award Dollar Amount: TBD

(14) Line Item Numbers: CLINs 0001 through 1001 (Associated with Period of Performance /

Base Year & 1 Option) Base Period beginning March 24, 2022 through March 23, 2023 or for one year from the date the BOA is awarded.

(15) Contract Award Date: TBD

(16) Contractor: TBD

Description

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a written solicitation document will not be issued.

This solicitation is a request for proposals (RFP). Notwithstanding every other provision of this Solicitation, only the evaluation criteria, which are set forth in Part II of this solicitation (Instructions for Proposals for Basic Ordering Agreement) and Paragraph 3 of Part II of this Solicitation (Evaluation of Proposals and Award of BOAs) shall be used to select the Offerors who shall enter into the BOA with the Government.

The associated North American Industrial Classification System (NAICS) code for this procurement is 336611.

The US Department of Transportation (DOT / Maritime Administration (MARAD) is seeking dry-dock services in the San Francisco Bay geographical area for the obsolete vessel (vessel name and its particulars shall be determined in each task order placed against the Basic Ordering Agreement) to accomplish underwater hull cleaning in accordance with the work specifications in the schedule. The Contractor must provide pricing .using the attached spreadsheet containing descriptive sub-items for Service Items, Dry-dock Items, and Supplemental Items for each service call.

TABLE OF CONTENT

PART 1 – Basic Ordering Agreement Summary……………………………………............……….4

PART 2 - Instructions for BOA

• Appendix I, Dry-Docking Specifications

PART 3 - CONTRACT CLAUSES

PART 4 - Special BOA Information & Order Requirements..................………………………………..44

• Appendix II, Dry-Docking Ordering Procedures

• Appendix III, General Terms & Conditions

• Appendix IV, Annual Representations & Certifications

Document No.

693JF722R000010

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

Acquisition Summary

PART 1 - BASIC ORDING AGREEMENT SUMMARY

The agency requires dry-docking services to clean the underwater hulls of certain non-retention vessels located at the Suisun Bay Reserve Fleet (SBRF), Benicia, CA. Vessels will be cleaned before removal to another bio-geographic area for recycling to mitigate the transmission of non-indigenous aquatic species as required by the National Invasive Species Act.

The agency intends to enter into Basic Ordering Agreements (BOAs) with qualified dry-docking facilities. The Basic Ordering Agreement (BOA) contract vehicle is designed to expedite contract requirements by reducing acquisition lead times. No contractual obligation is created by issuance of any BOA. Contractual obligations only arise after issuance of orders under the BOA. Government Funds are obligated only to the extent that a duly issued order creates such obligation.

This solicitation is being issued to obtain proposals from dry-docking facilities in the San Francisco Bay Area that have the capability to perform the work required. See APPENDIX I, DRY-DOCKING SPECIFICATIONS, for the specifics of the work required.

The agency plans to execute BOAs with companies whose proposals demonstrate the capacity and technical qualifications to perform the work required and who accept the terms and conditions of the BOA. To maximize competition, the agency plans to award more than one (1) BOA as a result of this solicitation.

Each dry-docking requirement will then be competed among the BOA holders with the capacity to perform the work on the specific vessels for which services are being ordered. See APPENDIX II, SHIP SPECIFIC ORDERS, for the details of the ordering process. Requests for Offers will identify the specific ships to be dry-docked and the time-frames for which dry-docking services are sought.

MARAD will not be restricted to the firms initially issued BOAs as a result of this solicitation in order to fulfill its contracting requirements; other companies that can demonstrate the capability to performed the work required may later apply to obtain a BOA.

1. Description Work to Be Ordered:

The Contractor shall provide all personnel, insurance, equipment, i.e. cranes, tools, vehicles, labor, facilities, supervision and any other items and services necessary to accomplish the scope of work in a manner which is safe for workers and the environment. Compliance with all contractual requirements which are consistent with U.S., State and local statutory and regulatory requirements including, but not limited to, the Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA), the Occupational Safety and Health Act (OSHA), as well as international laws, treaties, conventions and agreements, as appropriate, is the responsibility of the Contractor. See APPENDIX I – Dry-Dock Specification, for more detail regarding the work.

The itemized functions to be performed in the dry-docking process may include, but are not limited to the following:

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

INDEX

0100 Series Service Items Item Page Item No. Item Type Description No.

0105 Fixed Price Gangway 105-1 0108 Fixed Price Fire Protection 108-1 0112 Fixed Price Waste Management 112-1 0120 Fixed Price Production Scheduling 120-1

0200 Series Drydock Items Item Page Item No. Item Type Description No.

0201 Fixed Price Dry-docking 201-1 0202 Fixed Price Hull Cleaning 202-1 0203 Fixed Price Removal of Freeboard Exfoliating Paint 203-1

0300 Series Items Item Page Item No. Item Type Description No.

0401 Optional Under Water Hull Steel Repairs, Renewals and Blanks

401-1

0402AA Fixed Price Tow to Contractor’s Facility from SBRF-End Row Departure

402AA-1

0402AB Fixed Price Tow to Contractor’s Facility from SBRF-Split Row Departure

402AB-1

0404AA Optional Daily Wet Berth Mooring and Vessel Release 404AA-1 0405 Optional Crane Service 405-1 0406 Optional Dry-dock Lay Day 406-1 0407 Optional Dispose of Waste 407-1 0407AA Optional Paint Chips less or equal to 10 Drums 0407AB Optional Paint Chips greater than 10 Drums 0407AC Optional Contaminated Water less than or equal

10,000 gallons 0407AD Optional Contaminated Water greater than 10,000 gallons 0407AE Optional Organic Hull Waste – Non Hazardous

Non-RCRA 0407AF Optional Organic Hull Waste – Hazardous 0408 Optional Supplemental Work 408-1 0418 Optional Chemist Gas Free Certificate 418-1

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

PART 2- Instructions for Proposals for Basic Ordering Agreement - Addenda 52.212-1 Instructions to Offerors Commercial Products and Commercial Services (Nov 2021)

Proposals from dry-docking facilities in the San Francisco Bay Area seeking to enter into a Basic Ordering Agreement must demonstrate the company has capability to perform the work required. See APPENDIX I, DRY- DOCKING SPECIFICATIONS, for the specifics of the work required. Proposals shall include the following information:

A) TECHNICAL: Description of Dry Docking facility and its location of where the actual work will be performed, telephone number, and point(s) of contact(s) for the vessels listed in each Request for Proposal.

In addition the description shall include the dimensions of the dry-dock(s), their lifting capacity, and the water depth over standard blocking heights at mean low tide. The offer shall include a description of the piers the vessel(s) may be berthed at including dimensions, capacities, services and water depth at mean low tide.

B) PAST PERFORMANCE: Offerors shall submit three (3) relevant references. Provide at a minimum the following applicable information: Contract number, type of service involved, contract type (fixed price, time & material, etc.), total dollar amount, procuring activity or firm's complete name, include addresses, telephone numbers and the point of contact.

C) Acceptance of all of the Terms and Conditions of this Basic Ordering Agreement that will be identified and incorporated into each order as directed in FAR Part 16.703 (c) (1)(ii), including but not limited to:

APPENDIX I, the Dry-dock Specifications, details the work which may be ordered under the Basic Ordering Agreement.

APPENDIX II, the Dry-Dock Ordering Procedures sets forth the process by which ship-specific requirements will be competed and awarded.

APPENDIX III, the General Terms and Conditions, including the applicable Federal Acquisition Regulation clauses, Transportation Acquisition Regulation clauses, and MARAD specific clauses.

D) Submission of APPENDIX IV, Annual Representations and Certifications, containing FAR 52.212-3 Offerors Representations and Certifications – Commercial Products and Commercial Services (Nov 2021), with paragraph (b) completed.

Evaluation of Proposals and Award of BOAs

The government will evaluate the offeror’s technical information, past performance and relevant experience of all offerors who respond to this BOA. Upon completion of the evaluation, the government will enter into BOAs with those companies whose proposals demonstrate they have the capability to perform the work required.

General Information Offerors shall address all questions or concerns regarding this solicitation via email to Lisa.Miles@dot.gov with the subject line “693JF722R000010 Dry-Docking Services for MARAD's Obsolete Vessels. MARAD must receive questions regarding this solicitation notice no later than 4:00 pm (ET) on March 21, 2022. MARAD must receive Offerors’ complete proposals no later than 4:00 pm (ET) on March 22, 2022. All proposals shall contain a proposal cover letter. The cover letter shall serve as the official submission/transmittal of the offeror’s proposal to MARAD in response to this solicitation notice. It shall be presented on company letterhead, include the RFP number, the offer’s identifying information, applicable points of contact, and acknowledgement of all solicitation amendments issued. Offeror shall email one (1) proposal package to Lisa Miles via Lisa.Miles@dot.gov. The proposal package shall consist of the price proposal, technical capability and past performance relevancy.

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

APPENDIX I: DRY-DOCKING SPECIFICATION

This appendix will be in a separate attachment.

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

APPENDIX II: DRY-DOCKING ORDERING PROCEDURES

A. Competition for Specific Dry-Docking Requirements

A.1 Requests for Offers will specify the vessel(s) for which dry-docking is required and provide the vessel particulars. The Request will identify the time-frame during which the dry-docking is anticipated. The following vessel particulars (in table form below) will be provided with each request for offer: Vessel name;

type; official number; builder; year delivered and place; length; breadth; tonnage (gross registered, gross, net, summer displacement, and summer deadweight).

A.2 All offers will be requested based on the terms and conditions of this BOA including:

APPENDIX I DRY-DOCK SPECIFICATION

APPENDIX II DRY-DOCK ORDERING PROCEDURES

APPENDIX III GENERAL TERMS AND CONDITIONS

APPENDIX IV ANNUAL REPRESENTATION AND CERTIFICATION

APPENDIX I, the Dry-dock Specification details work which may be ordered under the Basic Ordering Agreement.

APPENDIX III, the General Terms and Conditions, will be identified and incorporated for each order as directed in FAR Part 16.703 (c) (1)(ii).Appendix B – GENERAL TERMS AND CONDITIONS.

APPENDIX IV, Annual Representations and Certifications, is applicable to the BOA and each order.

A.3 Offers submitted by BOA holders shall include prices for each ship on which a offer is submitted, schedules for the completion of the dry-docking. Each quote shall also include Appendix IV, containing FAR 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Nov 2021), with paragraph (b) completed.

B. Evaluation and Award of Specific Dry-Docking Orders

B.1 52.212-02 Evaluation—Commercial Items (Tailored)

(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 following factors shall be used to evaluate offers:

(i) specific vessel price;

(ii) performance schedule/capacity (non-price factor);

(iii) past performance (non-price factor)

The price factor is slightly more important than schedule/capacity and past performance.

The government will evaluate the offeror’s performance schedule/capacity of its facility inclusive of the work requested in this solicitation during the time period during which the work will be performed.

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

(b) Options. Not applicable. Supplemental work is unknown so the prices offered cannot be included in the evaluated price. However, the prices offered for Optional CLINs will be evaluated for reasonableness.

(c) Under the BOA, the BOA holder agrees to furnish such services as described herein as the Government may order during the term of this Agreement. Any such order shall become a binding contract upon the Government’s issuance of an order (Optional Form 347) accepting an offer submitted by a BOA holder in response to a competitive request for offer from BOA holders. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. All orders placed hereunder shall reference the number of this BOA and the order number assigned by the ordering agency office. The term of this BOA is one

(1) Base year and if exercised one (1) option year, beginning on the date the BOA award is signed on behalf of the Government.

B.2 Award of Ship-Specific Offers

Award shall be based on the overall price offered for each ship, (e.g. the total per each worksheet of the price schedule ATTACH (2) and the non-price factors set forth above) performance schedule, capacity, and past performance. The Government reserves the right to make a single award for all Ships. Offerors proposing less than the entire requirement e.g., any exception to any performance CLIN for a specific ship offered, may be determined unacceptable. In addition, in accordance to FAR clause 52.212-1, the Government reserves the right to accept only part of an offer, for example, only one of the offered ships, unless the contractor qualifies its offer by specific limitations.

Award(s) will be made on a best value basis to the responsible offeror(s) whose offer conforming to this solicitation, is (are) evaluated to be most advantageous to the Government, price and non-price factors considered. Tradeoffs are permitted between price and non-price factors. A trade off process is appropriate when it may be in the best interest of the Government to award to other than the lowest price offer.

Additional Factor: Recycling announcements and dry-dock solicitations are advertised concurrently for the same SBRF vessels. The qualified recycling facility in California may respond to both recycling and dry-docking announcements. If the California facility submits offers for the same vessels in response to both the recycling announcement and the dry-docking solicitation, the agency will make the apparent best value determinations separately amongst all competing offerors/vendors under the selection criteria for each announcement/solicitation. However, if the California facility’s recycling offer or dry-docking offer for the same vessel is the apparent best value under both of the recycling announcement and the dry-docking solicitation, MARAD will, at its sole discretion, choose which competing offer from the California facility represents the overall best value to the government. Overall best value is based on the price and non-price factors used in both the dry-docking and recycling solicitations. If MARAD selects the recycling offer as the overall best value and the California facility subsequently withdraws that offer, MARAD may, at its sole discretion, refuse to consider the California facility’s dry-docking offer for the same vessel even though that offer may still represent the best value under the award criteria for the dry-docking solicitation. If MARAD selects the dry-docking offer as the overall best value and that offer is subsequently withdrawn by the California facility, MARAD may, at its sole discretion, refuse to consider the California facility’s recycling offer for the same vessel even though that offer may still represent the best value under the award criteria for that announcement.

Document No. Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

Part 3- FAR CLAUSES INCORPORATED BY REFERENCE

52.252-02— Clauses Incorporated by Reference

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 52.212-01 Instructions to Offerors-Commercial Products and Commercial Services November 2021

APPENDIX III: GENERAL TERMS AND CONDITIONS

The General Terms and Conditions set forth in this APPENDIX III will be identified and incorporated for each order as directed in FAR Part 16.703 (c) (1)(ii).Appendix B – GENERAL TERMS AND CONDITIONS

A. FAR CLAUSES INCORPORATED BY REFERENCE

52.252-02— Clauses Incorporated by Reference

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

52.212-04 Contract Terms and Conditions-Commercial Products and Commercial Services November 2021 52.227-14 Rights in Data—General May 2014 52.232-18 Availability of Funds April 1984

B. ADDENDA TO FAR COMMERCIAL CLAUSES

B.1 52.212-4 Contract Terms and Conditions—Commercial Items Nov 2021 ADDENDUM to Para. (p) Limitation of Liability

B.1.1. MCL-H3 INDEMNITY AND INSURANCE

The Contractor shall indemnify and save and keep harmless the Government against any or all loss, cost, damage, claim, expense or liability whatsoever because of accident or injury to persons or property of others occurring in connection with the operations under this contract. The Contractor shall secure, pay the premiums

693JF722R000010 Page 10 of 87

52.204-7 System for Award Management October 2018 http://acquisition.gov/far/current/html/FARTOCP52.html http://acquisition.gov/far/current/html/FARTOCP52.html for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance, such as insurance to specifically include liability assumed by the Contractor under this contract.

Each policy of insurance shall contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor gives written notice of cancellation or change as required to the Contracting Officer. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Administrative Contracting Officer's prior approval.

A certificate of each policy of insurance shall be furnished to the Contracting Officer within ten (10) days after notice of award certifying, among other things, that the policy contains the aforesaid endorsement. The insurance companies providing the above insurance shall be satisfactory to the Government. Notices of policy changes shall be furnished to the Contracting Officer.

The contractor shall provide at the Contractor's expense, within five days of request from the MARAD contracting officer, a copy of all original insurance policies. These may be sent by mail or facsimile machine.

B.1.2 INDEMNITY AND INSURANCE (ADDITIONAL)

(a) INDEMNITY

(1) The Contractor shall exercise reasonable care and use its best efforts to prevent accidents, injury or damage to all employees, persons and property in and about the work, and to the vessel or portion thereof upon which work is done.

(2) Except as provided elsewhere in this contract, including any guarantee clause, the MARAD assumes the risk of physical loss or damage to any part of the vessel, its machinery, equipment, stores, and other property including cargo if owned by the Government except to the extent that such loss or damage is caused by the negligence, fault, error, act or omission of the Contractor, its subcontractors, agents, or employees. The burden of proving freedom from fault shall be borne by the Contractor. Unless the loss or damage was caused by the willful misconduct of the Contractor, its executive officers, or superintendents the Contractor's liability under this Contract shall not exceed total damage to the ship or ships including total loss up to $5,000,000 per accident or occurrence per vessel, and shall not exceed in the aggregate per accident or occurrence the sum of total damage to the ship or ships including total loss up to $5,000,000 multiplied by the number of MARAD's vessels in the care, custody or control of the Contractor at the location and at the time of the accident or occurrence giving to the loss or damage.

(3) As to third parties, including, but not limited to, agents, employees or servants of the Contractor, or any subcontractor, the Contractor will defend, indemnify and hold harmless the Government, the vessel, its owners and charterers, from all claims, actions, suits, costs, demands and expense of all descriptions arising out of disease, illness, personal injury, death or property damage to any third party in any way related to or arising out of the performance of work under this contract except to the extent caused by the fault, error, act or omission, or negligence of the Government, its agencies or employees. The burden of proving fault of the Government, its agencies or employees shall be borne by the Contractor.

(4) As to loss and damage which are the responsibility of the Government, the Government shall be subrogated to any claim, demand, or course of action against third parties which exists in favor of the Contractor, and the

Page 11 of 87693JF722R000010

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

Contractor shall, if required, execute a formal assignment or transfer of such claim, demand, or course of action, and shall aid in securing information, evidence, obtaining of witnesses, and cooperate with MARAD in all matters MARAD may deem necessary in defense of any claim, or suit or appeal from any judgment or in effecting indemnity, provided, further, that nothing contained in this paragraph shall create or give rise to any right, privilege or power in any person except the Contractor, nor shall any person (except the Contractor) be or become entitled thereby to proceed directly against the Government, its agencies or instrumentalities, or to join the Government, its agencies or instrumentalities, as a codefendant in any action against the Contractor brought to determine the Contractor's liability or for any other purpose.

(b) TYPES OF INSURANCE AND MINIMUM COVERAGE. The Contractor shall at its own expense, provide and maintain the following insurances during the entire performance of this contract.

(1) Workmen's Compensation, including Longshoremen & Harbor Worker's Act coverage - Covering all agents, servants, borrowed servants, statutory employees of Contractor for all compensation and other benefits required by applicable state and federal law or by governmental authority on account of injury, death, sickness or disease - Statutory - no minimum.

(2) Employers Liability - to cover both injury and death resulting from accident, sickness or disease - $1 million bodily injury by accident, each accident - $1 million bodily injury by disease each accident - $5 million bodily injury by disease in the aggregate.

(3) Maritime Employers Liability (Jones Act) to cover both injury and death resulting from accident, sickness or disease - $1 million for each person per occurrence and $1 million in the aggregate.

(4) Comprehensive General Liability to include coverage for (but not limited to) products and completed operations liability, property damage liability and contractual liability - $1 million combined single per occurrence limit for bodily injury and property damage and $1 million in the aggregate.

(5) Ship Repairers Legal Liability - coverage to be provided under the standard London or American Institute forms or their equivalent $1 million per vessel, per occurrence or such other amount as may be requested.

(6) Pollution - sudden and accidental liability - $1 Million per occurrence.

(c) All such insurance shall be subject to the approval of the Division of Marine Insurance and will contain thirty (30) calendar days advance notice of cancellation or of any non-renewal which is the option of the insurer, said notice to be provided to the U.S. Department of Transportation, Division of Marine Insurance, MAR-590 W23-313, 1200 New Jersey Ave SE Washington, DC 20590.

(d) FORM OF CONFIRMATION

(1) The pollution insurance may be a separate policy or part of the Comprehensive General Liability policy, but the coverage must be specifically shown on the required confirmation of insurance. Excess liability and umbrella liability policies may be used in the excess of primary policies to meet the minimum limit requirements. The United States of America shall be an additional assured in the Ship Repairs Legal Liability policy, Comprehensive General Liability Policy and Pollution Policy. Such policies shall contain a clause statement that there is no recourse against the United States of America for payment of premium. All such insurance shall be subject to the approval of the Division of Marine Insurance and must contain thirty (30) calendar days advance notice of cancellation (without disclaimer) or of any non-renewal which is the option of the insurer, said notice to be provided to the U.S. Department of Transportation, Division of Marine Insurance, MAR 590 W23-313, 1200 New Jersey Ave SE., Washington, DC 20590.

(2) The Contractor shall have its insurance broker provide a detailed certificate of insurance, cover note or policy confirming the above required coverage. The confirmation shall name the Contractor and United States of America as assureds and confirm the types of coverage, policy forms, policy periods, deductibles (if any) and underwriters with their percentage of participation. The N.Y. Usable Clause or Service of Suit USA Clause must be confirmed for any Foreign underwriter placements. The policy amounts, terms and conditions, deductibles and underwriters shall at all times be satisfactory to the Maritime Administration.

(e) The contractor shall insert the substance of this clause in subcontracts under this contract that require work on a Government installation.

C. FAR CLAUSES IN FULL TEXT

C.1 52.212-05 Contract Terms and Conditions Required to Implement Statutes or Executive or Executive Orders—Commercial Products and Commercial Services (Jan 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 items:

(1) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. 7104(g)).

____ Alternate I (NOV 2021) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(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.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Jun 2020) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (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) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010)

693JF722R000010 13 of 87

(Pub. L. 111-5).

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

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sept 2021) (15 U.S.C. 657a).

___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sept 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (11) [Reserved]

___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2020).

___ (iii) Alternate II (Nov 2020).

___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2020) of 52.219-7.

___ (iii) Alternate II (Nov 2020) of 52.219-7.

_X__ (14) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

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

___ (ii) Alternate I (Nov 2021) of 52.219-9.

___ (iii) Alternate II (Nov 2021) of 52.219-9.

___ (iv) Alternate III (Nov 2021) of 52.219-9.

___ (16) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

___ (17) 52.219-14, Limitations on Subcontracting (Sept 2021) (15 U.S.C. 637(a)(14)).

_X_ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Sept 2021) (15 U.S.C. 637(d)(4)(F)

(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

693JF722R000010 14 of 87

Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (21) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sept 2021) (15 U.S.C. 657f).

___ (23) 52.219-28, Post Award Small Business Program Representation (Sept 2021) (15 U.S.C.

632(a)(2)).

___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Sept 2021) (15 U.S.C. 637(m)).

___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Sept 2021) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2022) (E.O.

13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (29) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (34) 52.222-54, Employment Eligibility Verification (Nov 2021). (Executive Order 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.)

_X_ (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.)

693JF722R000010 15 of 87

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

___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Oct 2015) (E.O. 13423).

___ (ii) Alternate I (Oct 2015) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020).

___ (39) 52.225-1, Buy American Act--Supplies (Nov 2021) (41 U.S.C. 10a-10d).

___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Jan 2021) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).

___ (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.

___ (41) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (42) 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).

___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Nov 2021) (41 U.S.C.

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

___ (46) 52.232-30, Installment Payments for Commercial Items (Nov 2021) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct.

2018) (31 U.S.C. 3332).

___ (48) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

693JF722R000010 16 of 87

___ (49) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (50) 52.239-1, Privacy or Security Safeguards (Jun 2013) (5 U.S.C. 552a).

___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Act of 1965 (Jun 2018) (41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2010) (Pub. L.

110-247).

___ (8) 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

693JF722R000010 17 of 87 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 (Nov 2021) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (Jun 2018), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. 7104(g)).

___ Alternate I (Nov 2021) of 52.222-50 (22 U.S.C. 7104(g)).

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

693JF722R000010 18 of 87

351, et seq.)

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Nov 2021).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2010)L.

(Pub.110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

52.204-13 - System for Award Management Registration (October 2018)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number

693JF722R000010 19 of 87

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet http://fedgov.dnb.com/webform

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

Document Title Dry-Docking Services for MARAD’s Obsolete Vessels

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain…