69727617Q00005.pdf

Beaumont Reserve Fleet

Purchase: New Fabricated Barges for MARAD Beaumont Reserve Fleet

Statement of Work

1. ABSTRACT:

The intent is to describe the requirements applicable to the fabrication of (3) new steel barge listed in statement of work and specifications, undertaken in this contract and any changes thereto negotiated unless modified or excluded in particular specifications. Work is to be conducted in Accordance with ABS rules and applicable to barges of this type for the Maritime Administration, Beaumont Reserve

Fleet (BRF).

2. Points of Contact

2.1 POC contacting for technical matters Mr. Eric Welch, MARAD Beaumont

Reserve Fleet Deck Operations Supervisor. He May be reached at (409) 722-

3433 Ext. 229

3. Contractor Shall Provide:

3.1 The contractor shall provide all labor, equipment, material, engineering and structural calculations to accomplish the specification(s)

3.2 All welding shall be performed by a certified welder. The contractor shall provide copies of welder’s certificates upon MARAD request.

3.3 All steel used shall be of the original size as it was new or size listed in the statement of work or drawings if they are available for the particular builds.

3.4 All new steel shall be prepared by commercial blasting and coated, primed and painted.

3.5 The contractor shall obtain all applicable Insurance, Marine Chemist certificates and permits required by law to accomplish the specification(s).

3.6 The contractor shall Provide (1) complete set of approved drawings prior to construction of the barges. And (1) additional copy of any drawing that is revised during the construction.

3.7 Upon completion of the barges, the contractor shall furnish a scale drawing for

Barge including dimensions. (4) Four hard copies and one electronic file copy shall be submitted to the MARAD Beaumont Reserve Fleet.

3.9 Specifications and drawings provided are estimates given for identification and general guidance only.

3.10 Material or equipment identified in these specifications may be with equivalent products with the Beaumont Reserve Fleet Representative’s approval.

3.11 Provide Mill certificates of all plates used in this construction of barges.

3.12 The contractor shall dispose of all waste as per local, state and federal regulations. Copies of disposal documentation, if required, shall be delivered to the Beaumont Reserve Fleet Environmental Officer.

3.13 Deliver the completed barge/barges and ready for use, to the Beaumont

Reserve Fleet 2600 Amoco Road Beaumont Texas 77705

4. REFERENCES:

4.1 1 Drawing of each barge not to scale. The drawings are only for reference.

5. GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES:

5.1 None

6. LINE ITEM STATEMENT OF WORK AND SPECIFICATIONS:

0001. Oil Boom Reel Barge

a. Overall Dimensions 27’ X 19’ X 4’ box steel spud barge for oil boom reel.

This barge stability shall be capeable of holding a oil boom reel and oil boom with a total weight 8000 lb. Reel dimitions are 10’W X 20’L X

10’H

b. Four lifting eyes need to be attached to barge all four corners, The Lifting eyes need to be mounted on side of barge as shown in the drawings. The lifting eyes shall be capable of lifting the weight of the barge and the eyelet size shall be large enough to handle a 1 1/4” anchor shackle screw pin.

c. All Steel Plate shall be ¼” thick. Deck plates, Side Plates, Bottom Plates, Headlong/Stern long plates and Bulkheads Plates.

Stiffeners are 3” X 2” X 1/4” X 5/16” angle iron and 8” X 2” flange plate.

Barge shall have 2 transverse bulkheads, with total of (3) 15” X 23” flush multi-Bolt watertight manholes.

d. Four (4) sets of double bitts of 6” X 18” SCH 80 pipe diameter pipe 16” tall with 1 1/2” diameter Round Stock cross-arm by passing the upright 6” pipe at least 6” on each side. The cross arm shall be set-in bitts port to starboard. Bits shall sit on 12” X 12” X 1/4” plate doublers welded to the deck on each corner.

e. 7 kevels 12” X 1” Round Stock shall be installed 3 opposite side of spuds, evenly spaced one on the end of barge center line two on the spud side of the barge, supported with ½” Plate 3 inches off the deck.

Barge shall be fitted with 2 spuds on one side of barge 25’ x 8” SCH 80 pipe, with sheaves and a 5 ton hand winch and 12” SCH 80 X 7’ Spud wells and a 2 part 9/16” Galv. cable to lift he spuds

f. Install removable hand rails on both side of barge and hand railing on each end of barge. Hand rails shall be 3’6” tall 11/2” steel pipe. Railings between stanchions shall be ¼” SS chain Bottom chain shall be 10” from

g. the deck center chain shall be 2’ from the deck, top chain shall be placed at the top of the stanchions. SS clips need to be placed on chain railing for removal.

h. Steel Protection includes anodes, primer coat and finish coat as follows.

Internals- Sand sweep and spray with epoxy PPG Buff Primer 4 mils dry.

Bottom and sides Headlong and Stern long blast to white metal and spray epoxy PPG Buff primer 4 mils dry. Final coats spray PPG epoxy gray paint 2 coats 4 mils each coat.

i. Top side Main Deck. Blast to white metal spray epoxy PPG Buff Primer 4 mils dry. Final coat spray PPG epoxy gray paint 2 coats 4 mils each coat.

Add nonskid into final 2nd coat.

j. Deck Fitting shall be blasted to white metal primed and painted to the above specifications as the top side main deck (excluding the nonskid).

Cathodic Protection place (4) 24 lb. anodes on bottom of barge in specified locations.

0002. Landing Barge

a. Overall Dimensions 40’ X 12’ X 4’ box steel barge

b. Four lifting eyes need to be attached to the barge on all four corners, The

Lifting eyes need to be 7’ from the end of each corner of the barge. The lifting eyes shall be capable of lifting the weight of the barge and the eyelet size shall be large enough to handle an 11/4” anchor shackle screw pin.

c. All Steel Plate shall be ¼” thick. Deck plates, Side Plates, Bottom Plates, Headlong/Sternlong plates, Bulkheads Plates.

d. Barge Corners are radiuses with 12 inch corners.

e. Stiffeners are 4”X 3”X 1/4” angle iron and 8” X 2” flange plate.

f. Barge shall have 2 transverse bulkheads with total of (3) 15” X 23” flush multi-Bolt manholes.

g. Four (4) sets of double bitts of 6” X 18” SCH 80 pipe 16” tall with 1 1/2” diameter Round Stock cross-arm shall be set-in bitts port to starboard. The round stock shall by pass through the pipe on either end at a minimum of

6”. Bits shall sit on 24” X 18” X 1/4” plate doubler welded to the deck on each corner.

h. 10 kevels 12” X 1” Round Stock shall be installed 4 on each side of the barge evenly spaced one on each end of barge center line supported with

½” Plate 3 inches off the deck.

i. Install removable hand rails on one side of barge with two walk through openings and hand railing on each end of barge. Hand rails shall be 3’6” tall 1 1/2” steel pipe. Railings between stanchions shall be ¼” SS chain

Bottom chain shall be 10” from the deck center chain shall be 2’ from the deck, top chain shall be placed at the top of the stanchions. SS clips need to be placed on chain railing for removal.

j. Steel Protection includes anodes, primer coat and finish coat as follows.

k. Internals- Sand sweep and spray with epoxy PPG Buff Primer 4 mils dry.

l. Bottom and sides Headlong and Stern long blast to white metal and spray epoxy PPG Buff primer 4 mils dry. Final coats spray PPG epoxy gray paint 2 coats 4 mils each coat.

m. Top side Main Deck. Blast to white metal spray epoxy PPG Buff Primer 4 mils dry. Final coat spray PPG epoxy gray paint 2 coats 4 mils each coat.

Add nonskid into final 2nd coat.

n. Deck Fitting and hand railing shall be blasted to white metal, primed and painted to the above specifications as the top side main deck (excluding the nonskid).

o. Cathodic Protection place (8) 24 lb. anodes on bottom of barge in

0003. Shore Power Swivel Barge

a. Overall Dimensions 20’ X 10’ X 3’ box steel barge

b. Four lifting eyes need to be attached to barge all four corners, The Lifting eyes need to be mounted at the bits as shown in the drawings. The lifting eyes shall be capable of lifting the weight of the barge and the eyelet size shall be large enough to handle a 1 1/4” anchor shackle screw pin.

c. All Steel Plate shall be ¼” thick. Deck plates, Side Plates, Bottom Plates, Headlong/Sternlong plates, Bulkheads Plates.

d. The forward end of the barge shall be rounded from top to bottom to reduce chaffing of shore power cable (see drawing).

e. Stiffeners are 3” X 2”X 1/4” X 5/16” angle iron and 8” X 2” flange plate.

f. Barge shall have 1 transverse bulkhead with total of (2) 15” X 23” flush multi-Bolt watertight manholes.

g. Four (4) sets of double bitts of 6” X 18” SCH 80 pipe diameter pipe 16” tall with 1 1/2” diameter Round Stock cross-arm by passing the upright 6” pipe at least 6” on each side. The cross arm shall pass through the pipe port to starboard on either end at a minimum of 6”. Bitts shall sit on 28” X

12” X 1/4” plate doubler welded to the deck on each corner.

h. 5 kevels 12” X 1” Round Stock shall be installed 2 on each side of the barge evenly spaced one on the end of barge that is flat center line supported with ½” Plate 3 inches off the deck.

i. Steel Protection includes anodes, primer coat and finish coat as follows.

j. Internals- Sand sweep and spray with epoxy PPG Buff Primer 4 mils dry.

k. Bottom and sides Headlong and Stern long blast to white metal and spray epoxy PPG Buff primer 4 mils dry. Final coats spray PPG epoxy gray paint 2 coats 4 mils each coat.

l. Top side Main Deck. Blast to white metal spray epoxy PPG Buff Primer 4 mils dry. Final coat spray PPG epoxy gray paint 2 coats 4 mils each coat.

Add nonskid into final 2nd coat.

Deck Fitting shall be blasted to white metal primed and painted to the above specifications as the top side main deck (excluding the nonskid).

m. Cathodic Protection place (4) 24 lb. anodes on bottom of barge in

8. PERFORMANCE CRITERIA/DELIVERABLES:

8.1 The contractor/vendor shall make deliveries 8am to 3:30pm Monday-Thursday, 8am to 2:30pm on Fridays, No deliveries on national holidays.

8.2 Each barge project shall not take more than 30 straight calendar work days to complete 6 weeks. Monday –Friday. If weekends are worked this will have to be a cost to the contractor.

8.3 The contractor is responsible for all labor, equipment and materials and any overtime labor costs.

8.4 Force Majeure terms and conditions related to this proposal in its entirety shall be mutually agreed upon between all parties prior to final acceptance of any binding contract.

8.5 The Contractor shall provide weekly progress reports on this build.

Boom Reel

Area

9’ X 19”

Oil Boom Reel Spud Barge Top View Deck Arrangement

27’

19’

¼” PLATE

Bulkhead

1’ Round Bar

BEAUMONT RESERVE FLEET

For:Drawn by: E. W.

Date: Scale:

BEAUMONT RESERVE FLEET

12-20-2016 Not to Scale PAGE 1 OF 3

Title:Title:

Note Drawing is for reference only

Oil Boom Reel Spud Barge 27’ X 19’ X 4’

Spuds 8”SCH Pipe

4) 23# Zinc Anodes

Bottom View Plan

¼” PLATE

3” X 2” 5/16” L TYP

Typical Framing

3” X 2” 5/16” L TYP

3” X 2” 5/16” L TYP

BEAUMONT RESERVE FLEET

For:Drawn by: E. W.

Date: Scale:

BEAUMONT RESERVE FLEET

12-20-2016 Not to Scale PAGE 1 OF 3

Title:Title:

Note Drawing is for reference only

Oil Boom Reel Spud Barge 27’ X 17’ X 4’

2’10”

3’-6”

¼” SS CHAIN LINKS

1 ½” Steel Pipe

2” SS Socket

Typical Handrail

Stantion

18’

SPUDWELL DETAILS

25’ X 8” SCH 80 PIPE

5 TON

MANUAL

SPUR WINCH

¼” PLATE

Side View Plan

Typical Bulkhead

¼” PLATE

3” X 2” 5/16” L TYP

Bulkhead

BEAUMONT RESERVE FLEET

For:Drawn by: E. W.

Date: Scale:

BEAUMONT RESERVE FLEET

12-20-2016 Not to Scale PAGE 1 OF 3

Title:Title: Oil Boom Reel Spud Barge 27’ X 19’ X 4’

Note Drawing is for reference only

27’

4’

BEAUMONT RESERVE FLEET

For:Drawn by: Eric Welch

Date: Scale:

BEAUMONT RESERVE FLEET

12-8-2016 Not To Scale PAGE 1 OF 2

Title: Landing Barge

TOP VIEW

DECK PLAN

12’

40’

2’10”

3’-6”

¼” SS CHAIN LINKS

1 ½” Steel Pipe

2” SS Socket

Typical Handrail

Stantion

¼” PLATE

SIDE VIEW

For:Drawn by: Eric Welch

Date: Scale:

BEAUMONT RESERVE FLEET

12-08-16 Not To Scale PAGE 2 OF 2

Title: Landing Barge

4’

END VIEW

4’

12’

6” 12”

40’

12’

40’

Bottom View

Anode location

8) 23# WELD ON ANODES¼” PLATE

4’

12’

TYPICAL BULKHEAD

¼” PLATE

BEAUMONT RESERVE FLEET

For:Drawn by: Eric Welch

Date: Scale:

BEAUMONT RESERVE FLEET

12-8-2016 Not To Scale PAGE 3 OF 3

Title: Landing Barge

20’

10’

BEAUMONT RESERVE FLEET

For:Drawn by: E. W.

Date: Scale:

BEAUMONT RESERVE FLEET

12-13-2016 Not To Scale PAGE 2 OF 3

Title: Shorepower Swivel BargeTitle: Shorepower Swivel Barge

Top View

Deck Plan

LIFTING PAD EYES 2” x 3” x ¼” ANGLE

For:Drawn by: E. W.

Date: Scale:

BEAUMONT RESERVE FLEET

12-13-2013 Not To Scale’ PAGE 3 OF 4

Title: Shorepower Swivel Barge

3’

3’

10’

TYPICAL BULKHEAD

¼” PLATE

SIDE VIEW

¼” PLATE

LIFTING PADEYES

20’

16”

28” 2” x 3” x ¼” ANGLE

For:Drawn by: E. W.

Date: Scale:

BEAUMONT RESERVE FLEET

12-13-2016 Not To Scale PAGE 4 OF 4

Title: Shorepower Swivel Barge

20’

10’

Bottom view

Anode locations

End view 8) 23# WELD ON ANODES

52.204-22 Alternative Line Item Proposal.

As prescribed in 4.1008, insert the following provision:

ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation.

As prescribed in 9.108-5(a), insert the following provision:

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION (NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that—

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

(End of provision)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations.

As prescribed in 9.108-5(b), insert the following clause:

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

(a) Definitions. As used in this clause— “Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_10.html#wp1073826 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_10.html#wp1072814 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085993 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085903 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085953 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085993 http://uscode.house.gov/

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7(d), insert the following provision:

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085903 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1086248

52.212-1 Instructions to Offerors—Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2012_3.html#wp1084399 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/FormsStandard67.html#wp1189284 unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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52.212-2 Evaluation—Commercial Items.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(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:

Technical Capability – submit drawing(s)/data of proposed barges

Past Performance – if have not done recent work with MARAD, please submit info on recent experience (2-3 years) similar work (description, dollar amount, poc)

Technical and past performance, when combined, are equal to price. This procurement is a lowest price, technically acceptable (LPTA) procurement. Evaluation factors will be evaluated on a pass/fail basis.

(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 or not 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.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

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“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’”. The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are–

(1) Department of Labor Wage and Hour Division (WHD) for–

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for–

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for–

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans’

Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for–

(i) Title VII of the Civil Rights Act of 1964;

https://www.acquisition.gov/sites/default/files/current/far/html/www.dol.gov/fairpayandsafeworkplaces

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans’ Readjustment Assistance Act of 1972 and the Vietnam Era Veterans'

Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

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(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by— http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph

(a) are enjoined indefinitely as of the date of the order: “Administrative merits determination”, “Arbitral award or decision”, paragraph (2) of “Civil judgment”, “DOL Guidance”, “Enforcement agency”, “Labor compliance agreement”, “Labor laws”, and “Labor law decision”. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror…