6991PE26Q000003 Combined Synopsis Solicitation.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

6991PE

OAKLAND CA 94612

1301 CLAY STREET SUITE 140N

DIVISION OF PACIFIC OPERATIONS

MARITIME ADMINISTRATION

MARAD-00094-SS BAY CODE 16. ADMINISTERED BYCODE

X

X

X

336611

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR6991PE

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

04/29/2026 1200 PD207-449-6961SCOTT LEWIS

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

6991PE26Q000003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 22 MAPR617-526000017OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

OAKLAND CA 94612

1301 CLAY STREET SUITE 140N

DIVISION OF PACIFIC OPERATIONS

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

MARITIME ADMINISTRATION

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DELIVER TO:

SBRF

SUISUN BAY RESERVE FLEET

JOE PECORARO

2595 LAKE HERMAN ROAD

BENICIA CA 94510 USA

Delivery: 14 Days After Award Period of Performance: 06/02/2026 to 08/05/2026

1 Core Services

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Robert J. McDermott

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00001 Core Services

1.1 Haulout & Launching

1.2 Hull and Topside Cleaning and Inspection

1.3 Underwater Hull Surface Preparation

1.4 Underwater Hull Coating

1.5 Jet Drives

1.6 Freeboard Coating

1.7 Collar Fendering

2 Supplemental Labor & Materials

00002 Supplemental Labor & Materials

2.1 Supplemental Labor

2.2 Supplemental Materials

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

22 2 of

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

General Information

Document Type: Combined Solicitation/Synopsis (CS/S) Solicitation Number: 6991PE26Q000003 Posted Date: 03 April 2026 Site Visit: 10 April 2026 Questions Due By: 16 April 2026 at 12:00 PM PDT Response Date: 29 April 2026 at 12:00 PM PDT Anticipated Award Date: 15 May 2026 Product or Service Code: J019 Set Aside: 100% Small Business NAICS Code: 336611

Description

This is a combined synopsis/solicitation for Commercial Products and Commercial Services prepared in accordance with the Revolutionary Federal Acquisition Regulation Overhaul (RFO) Part 12, This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This is a notice that this is a lowest price technically acceptable procurement, that is a total set-aside for Small Business.

Only quotes submitted by Small Business will be accepted by the government. Any quote that is submitted by a contractor that is not Small Business will not be considered for award.

This solicitation is a request for quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2026-01 effective March 13, 2026. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The FAR clauses may be accessed in full text at these addresses https://www.acquisition.gov/far-overhaul/far-part-deviation-guide. The full text of the Transportation Acquisition Regulations (TAR) (1252) can be found at: https://www.acquisition.gov/tar. All U.S.

Maritime Administration Provisions and Clauses (MCL) are incorporated by full text.

The associated North American Industrial Classification System (NAICS) code for this procurement is 336611 with a small business size standard of 1,300 employees.

Description of Requirements

The U.S. Department of Transportation (DOT), Maritime Administration (MARAD), Suisun Bay Reserve Fleet (SBRF) has a requirement to perform services to one barge PF-611 KESTREL Drydock and Repair.

The anticipated period of performance is sixty-five (65) days after the vessel arrives at the Shipyard with an anticipated period of drydock availability window starting no later than June 02, 2026.

Because this craft is not considered deep-seaworthy, all work must be performed on this vessel in the San Francisco Bay area, such area to include the up-river areas of Sacramento and Stockton.

The Government intends to award a firm fixed price purchase order with supplemental work as a result of this Combined Synopsis/Solicitation.

Ship Check

All firms intending to submit a quotation should plan to attend the site visit. A site visit will be conducted on 10 April 2026. The PF-611 KESTREL is located at Suisun Bay Reserve Fleet, 2595 Lake Herman Road, Benicia, CA 94510.

Please contact Mr. Luis Martinez via email at luis.martinez@dot.gov or telephone at (707) 747-7803 to confirm attendance by 09 April 2026.

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

Required Responses

Questions or comments regarding this solicitation shall be submitted via email to scott.j.lewis.ctr@dot.gov and robert.mcdermott@dot.gov by 16 April 2026 at 12:00 PM PDT, to allow the Government sufficient time to respond. Any questions received after this date are not guaranteed to be addressed.

All quotes and quotation submission information, including Unique Entity ID (UEI), are due no later than 29 April 2026, at 12:00 PM PMT. Quotation information shall be submitted electronically via email to scott.j.lewis.ctr@dot.gov and robert.mcdermott@dot.gov.

Please reference the solicitation number 6991PE26Q000003 in the subject line on the quote submittal information.

Submission information includes signed acceptance of solicitation and any amendments issued in response to this combined synopsis/solicitation.

DO NOT INCLUDE ANY OTHER ADDRESSEES IN THE “TO” LINE OTHER THAN scott.j.lewis.ctr@dot.gov and robert.mcdermott@dot.gov and no other addressees at MARAD i.e. @dot.gov, in the “Cc” line when submitting quote.

Submissions go to scott.j.lewis.ctr@dot.gov and robert.mcdermott@dot.gov AND NO OTHERS.

Submittal Instructions

QUOTATION SUBMISSION INSTRUCTIONS: In addition to the referenced provision at FAR 52.212-1, Instructions to Offeror – Commercial Items, quoters shall follow the instructions below.

General Instructions

• Format. Non-price quotations shall be formatted for viewing/printing using 8.5 by 11-inch paper size, 1 inch margins, using at least a Times New Roman 12 point font, with the exception of the project schedule.

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

Quotation Instructions

At a minimum, include the following:

Technical submittal

• Provide a Gantt chart or similar illustrating your proposed project schedule for the Period of Performance of 02 June 2026 to 05 August 2026 for the individual work items. Additionally, specify workforce numbers and classifications throughout the period of performance.

• Provide a listing of subcontractors who are expected to provide services onboard the PF-611 KESTREL at a subcontract price equal to or greater than $10,000.00. Include the name of the company and their address.

• Provide a technical approach narrative addressing how the individual work items will be accomplished. The narrative shall not exceed six (6) single sided typewritten pages.

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

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

Each resume shall not exceed two (2) pages.

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

Procedures Specifications, Procedure Qualification Record.

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

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

Past performance submittal

Provide a listing of work completed within the past 3 years on ocean-going ships or shore side industrial facilities having similar equipment and machinery characteristics to those aboard the PF-611 KESTREL.

Each project shall not exceed one (1) page and include the following information as applicable:

• Project name

• Name and address of client organization

• Contract number and order number

• Contract type

• Total contract value

• Period of performance

• Description of work performed, including overhauling marine or land-based hydraulic extendable boom cranes and disassembling/reassembling transmissions from marine diesel engines

• Contact information for the owner/operator of the vessel and/or Contracting Officer for Public Vessels Points

Pricing

Complete pricing using the Attachment 2 Vendor Price Sheet. The line item pricing shall coincide with all priced work items listed in the statement of work. Quote shall provide a fully burdened hourly labor rate.

Validity of quote

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

Basis of Award and Evaluation Criteria

BASIS FOR AWARD

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

EVALUATION FACTORS

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

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

• Past Performance - Past performance information will be evaluated to determine the quoter’s ability to perform the contract successfully and degree of performance risk associated with a quoter. MARAD will use its discretion to determine the sources of past performance information, and the information may be obtained from references provided, MARAD’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases. A quoter with no past performance relating to service on an ocean-going ship or shore side industrial facilities having similar equipment and machinery characteristics to those aboard the PF-611 KESTREL within the past 3 years will be evaluated as neutral.

• Price - Total evaluated price will be the sum of quotes for all contract line items, including optional items.

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

Technical Rating Definition

Acceptable (A) All of the minimum acceptable criteria are clearly met by the offer. The quoter’s quotation meets the performance and technical capability requirements defined in the SOW and solicitation.

Unacceptable (U)

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

Past Performance Rating Definition

Acceptable (A)

Quoter’s relevant past performance record provides essentially no doubt that the Quoter will successfully perform the required effort. The Quoter has received satisfactory or better reviews regarding past performance. The Quoter demonstrates from past performance examples an ability to provide services that were of satisfactory or better quality on a timely basis with little to no risk of unacceptable performance.

Unacceptable (U)

Quoter’s relevant past performance record provides essentially substantial doubt that the Quoter will successfully perform the required effort. The Quoter has received unsatisfactory reviews regarding past performance. The Quoter demonstrates from past performance examples an inability to provide services that were of satisfactory quality on a timely basis with high risk of unacceptable performance.

Neutral (N)

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

Wage Determinations

The Service Contract Labor Standards wage determination that may be applicable to this requirement, depending on the dry dock location is available online at the following address:

https://sam.gov/wage-determination/2015-5637/31 California Counties of San Francisco, San Mateo

Solicitation Attachments:

Attachment 1 SOW PF 611 Drydock and Repair Attachment 2 Vendor Price Sheet Attachment 3 FAR Class Deviations Full Text-For Provisions and Clauses marked as Deviations, additions are shown as [bolded and bracketed] and deletions are shown in strikethrough deletions Attachment 4 E-Invoicing Requirement

Payment Terms:

Net 30 after delivery and receipt of invoice.

This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at https://www.acquisition.gov/far-overhaul/far-part-deviation-guide and https://www.acquisition.gov/tar.

When submitting invoice/s ensure you follow the instructions required by TAR 1252.232-70, Electronic Submission of Payment Requests (NOV 2022).

The following FAR provisions apply to this solicitation:

52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address https://www.acquisition.gov/far-overhaul/far-part-deviation-guide.

(End of provision)

52.204-7, System for Award Management – Registration (DEVIATION AUG 2025) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (DEVIATION AUG 2025) 52.233-2, Service of Protest (Sept 2006) (Deviation) 52.252-5, Authorized Deviations in Provisions (Nov 2020)

The following FAR clauses apply to this solicitation:

52.252-2, Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: https://www.acquisition.gov/browse/index/far.

52.209-1, Qualification Requirements (Feb 1995) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015) 52.212-4, Contract Terms and Conditions - Commercial Items (Nov 2023) 52.204-13, System for Award Management Maintenance (Oct 2018) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) 52.222-3, Convict Labor (JUN 2003) 52.222-50, Combating Trafficking in Persons (Oct 2025) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(MAY 2024)

52.225-2, Buy American Certificate (Oct 2022) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) 52.232-39, Unenforceability of Unauthorized Obligation (Jun 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.233-3, Protest After Award (AUG 1996) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) 52.245-1, Government Property (Sep 2021) 52.252-6, Authorized Deviations in Clauses (Nov 2020)

Please be aware that:

1. FAR subparts 22.13, Equal Opportunity for Veterans, and 22.14, Employment of Workers with Disabilities, and their related provisions and clauses, are based on statute, and are not covered by the revocation of E.O. 11246, and thus are not affected by this FAR class deviation.

2. Existing United States laws on civil rights/nondiscrimination apply whether or not the company is a government contractor.

The following TAR Provisions apply to this solicitation:

TAR 1252.239-92, Information and Communication Technology Accessibility Notice (NOV 2022)

The following TAR Clauses apply to this solicitation:

TAR 1252.201-70, Contracting Officer's Representative (NOV 2022) TAR 1252.217-71 Delivery and Shifting of Vessel (NOV 2022) TAR 1252.217-72 Performance (NOV 2022) TAR 1252.217-73 Inspection and Manner of Doing Work (NOV 2022) TAR 1252.217-74 Subcontracts (NOV 2022) TAR 1252.217-76 Liability and Insurance (NOV 2022) TAR 1252.217-77 Title (NOV 2022) TAR 1252.217-78 Discharge of Liens (NOV 2022) TAR 1252.217-79 Delays (NOV 2022) TAR 1252.217-80 Department of Labor Safety and Health Regulations for Ship Repair (NOV 2022) TAR 1252.232-70, Electronic Submission of Payment Requests (NOV 2022)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Processing system. The Department of Transportation utilizes the DELPHI system for processing invoices.

The DELPHI module for submitting invoices is called iSupplier. Access to DELPHI is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. Vendors submitting invoices are required to submit invoices via iSupplier (DELPHI) and authenticated via www.login.gov.

http://www.login.gov/

(d) Invoice requirements. To receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in iSupplier (DELPHI) shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount biller (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

(9) Travel. If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(10) The following statement “The Contractor certifies that, by submitting this invoice to the Government, the supplies and/or services billed have been shipped, rendered, or delivered in accordance with instructions issued by the ordering officer; that they are reflected in the quantities and/or period of performance stated on the invoice; and that such supplies and/or services conform to the quantity and quality requirements specified in the applicable contract, order, or blanket purchase agreement.

Furthermore, pursuant to Executive Order 14173, Ending Illegal Discrimination And Restoring Merit-Based Opportunity, the Contractor certifies that it is in compliance with the Equal Protection principles of the Constitution and all applicable Federal anti-discrimination laws, and acknowledges that such compliance is material to the Government’s payment decision under the False Claims Act (31 U.S.C. § 3729(b)(4)). The Contractor also affirms that it does not operate any diversity, equity, and inclusion (DEI) initiatives that are inconsistent with the Equal Protection principles of the Constitution and the non-discrimination requirements of Federal law, as interpreted by the Supreme Court in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023).”

(e) Payment system registration. All persons accessing the iSupplier (DELPHI) will be required to have their own unique user ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions.

(2) To create a www.login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then www.login.gov will reply with an email confirming the email address.

(3) iSupplier (DELPHI) registration instructions: New users should navigate to: http://einvoice.esc.gov to establish an account. Users are required to log in to iSupplier (DELPHI) every 45 days to keep it active.

(4) Training on DELPHI. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible to contact their assigned COR when their firm's points of contacts will no longer be submitting invoices, so they can be removed from the system.

(f) Waivers. For contractors/vendors who are unable to utilize DOT's DELPHI system, waivers may be considered by DOT on a case-by-case basis. Vendors should contact their Contracting Officer's Representative (COR) for procedures.

(g) Exceptions and alternate payment procedures. If, based on one of the circumstances set forth in 1232.7002(a) or (b), and the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. If DELPHI is succeeded by later technology, the Contracting Officer will supply the Contractor with the latest applicable electronic invoicing instructions.

(End of clause) http://www.login.gov/ http://www.login.gov/ http://www.login.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/

The following MARAD clauses apply to this solicitation:

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

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

MCL.H-6, STANDARDS OF EMPLOYEE CONDUCT -- AUG 2005

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity, and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

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

I. Delivery

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

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

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

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

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

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

(4) Obtain standard towing liability insurance.

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

(6) Provide documents to the Contracting Officer's Representative (COR) that shall verify that items

(1) through (5) above have been completed.

II. Transfer

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

(1) Complete a custody document which shall be countersigned by either the Government's Fleet

Captain, Fleet Superintendent or Acting Fleet Superintendent, or Marine Surveyor for outported vessels.

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

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

IV. Final Delivery

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

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

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

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

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

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

(4) Obtain standard towing liability insurance.

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

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

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

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

(a) FOR CREWED VESSELS

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

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

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

MCL.G-2, SCHEDULES AND SCHEDULE UPDATES FOR SHIP REPAIR CONTRACTS -- AUG 2005

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

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

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

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

MCL.H-2, SUPPLEMENTAL WORK REQUESTS -- AUG 2005

(a) In the complex world of ship repairs, supplemental work often emerges as a result of test, inspection, or discovery of unknown or otherwise differing conditions. The extent and nature of such supplemental work can neither be identified in bid or proposal specifications, and both parties recognize the possibility that such work may arise. Notwithstanding the possibility of the identification of such work, MARAD does not guarantee the award of any supplemental work during contract performance.

(b) Although MARAD shall be under no obligation to award supplemental work during contract performance, MARAD has provided an estimate for labor (in labor hours) and material (in dollars) for such work in the Schedule (Section B of the solicitation under applicable supplemental work contract line item numbers (CLIN or CLINs)). The offeror shall specify an hourly composite billing rate in its bid or proposal for supplemental work labor. The composite labor-billing rate shall be the rate applicable to labor for all supplemental work that MARAD orders under the applicable supplemental CLIN of the resulting contract. Any supplies or subcontracts required to complete supplemental work will be charged as a direct cost reimbursable under the applicable supplemental work CLIN; additional indirect charges for materials and subcontracts will not be allowed.

(c) During the performance of the contract, when conditions indicate a need for supplemental work, the Contracting Officer's Representative (COR) is empowered to provide technical direction, negotiate the amount of labor and material, and authorize the contractor to perform supplemental work through the issuance of a written authorization. The COR will issue authorizations for supplemental work in accordance with the following:

(1) When conditions make supplemental work appropriate, the COR shall submit to the contractor a supplemental work request that identifies the work to be accomplished.

(2) The Contractor shall promptly review each supplemental work request upon receipt and shall, within seventy-two (72) hours of issuance, or sooner, as specified by the COR, provide the COR with a proposed price for the supplemental work. Price proposals for all supplemental work must be broken down by labor hours, materials, and subcontracts and allocated to the applicable supplemental work CLIN as appropriate.

The contractor shall price the supplemental work to be performed in accordance with the composite labor rate bid or proposed under the supplemental work CLIN in the contract. If necessary, the Contractor shall submit prices for subcontractors, which will be negotiated and treated as direct materials. Once the COR and contractor agree on the technical direction and price to accomplish the supplemental work, the contractor and COR shall sign the authorization for supplemental work, which shall be final and binding on the contractor and MARAD. Subject to paragraphs (c.)(3.) through (c.)(6.), if urgent circumstances do not permit waiting for a written authorization, the parties may orally agree and follow up with written confirmation.

(3) Notwithstanding the preceding, the COR shall not authorize and the contractor shall not accept individual supplemental work authorizations from the COR in excess of the price ceiling established by the Contracting Officer pursuant to paragraph (d.)(10.). In addition, the COR shall not authorize and the contractor shall not accept a supplemental work authorization from the COR that, when combined with all previously authorized supplemental work under the contract, exceeds the amount of labor hours and materials specified in the applicable supplemental work CLINs.

(4) If the contractor requests an adjustment to the contract completion date in its proposal for the supplemental work, the COR must refer the issue to the Contracting Officer for resolution, which could include modifying the performance period of the contract. All supplemental work must be accomplished within the contract performance period. The COR shall not authorize and the contractor shall not accept supplemental work authorizations from the COR that cannot be completed within the contract performance period.

(5) If the COR and contractor cannot agree upon the price, the time required, or any other term of a supplemental work request, the matter shall be referred to the Contracting Officer who may resolve the issue in accordance with the procedures contained in the Changes clause incorporated in the contract. Specifically, the Contracting Officer shall have the option of (i) directing that the Contractor perform the work at a price and within a time period determined by the Contracting Officer to be reasonable, or (ii) withdrawing said supplemental work request. The Contractor's refusal to perform the work as directed by the Contracting Officer shall constitute an event of default under the default clauses of the contract. Disputed issues resulting from supplemental work unilaterally directed by the Contracting Officer may be handled under the disputes clause of the contract.

(6) If the Contracting Officer directs the Contractor to perform the work at a price and within a time period determined by the Contracting Officer to be reasonable, the Contractor shall maintain and submit to MARAD on a daily basis, report sheets itemizing materials used, the costs and man hours of all labor (direct, indirect, and impact), production schedule activities affected by and/or related thereto, and charges for equipment, whether furnished by the Contractor, subcontractors or others. Material charges shall be substantiated by valid copies of materials and/or suppliers invoices. Such invoices shall be submitted with the daily report sheets or, if not available, as soon as reasonably practicable thereafter. Said daily reports shall also include an indication as to which specific schedule activity(ies) are affected by the order which are the subject of the daily report sheets. To the extent the contractor fails or refuses to submit the aforementioned daily report sheets on a daily basis, such failure or refusal shall constitute a basis for the Contracting Officer to suspend payment for work completed under the supplemental work until appropriate documentation required by the contract is provided.

(d) The following rules apply to supplemental work authorizations:

(1) The COR shall authorize supplemental-work only during the period of performance of the contract.

(2) All authorizations for supplemental work are subject to the terms and conditions of the contract and must be within the scope of the contract.

(3) If mailed, an authorization is considered "issued" when MARAD deposits the order in the mail.

Authorizations may also be issued orally, or by written communications, that is hand-delivered or sent by facsimile or electronic transmission. Oral orders must be followed up by written confirmation as soon as practicable thereafter.

(4) Unless otherwise explicitly noted in the authorization for supplemental work, all authorizations for supplemental work are firm fixed price. The agreed upon price shall cover all costs including, but not limited to, direct and indirect labor and material, overhead, delay, acceleration, and disruption caused by the supplemental work. Where the parties are unable to agree that an order establishes mutually agreeable terms, the parties shall note the specific differences that are not agreed upon in the text of the proposed work authorization and refer the matter to the Contracting Officer for resolution pursuant to paragraph (c.)(5.).

(5) Unless the contractor otherwise explicitly notes in the supplemental work authorization, in consideration of the price of the order, the Contractor remises, releases, and forever discharges MARAD, its officers, agents, employees, and sureties from any and all civil claims and requests for equitable adjustment whatsoever, relating to, arising out of, or connected with said supplemental work authorization. Such release is full and final settlement of all claims and requests for equitable adjustment relating to, arising out of, or connected with the work authorization, as modified, including, but not limited to, all impact claims such as delay, acceleration, disruption, and cumulative effects of the instant and all previously issued supplemental work authorizations. The executed work authorization constitutes a complete and final adjustment of the price and the delivery schedule.

(6) When MARAD requires supplies or services covered by the contract in an amount less than the total value of the contract, MARAD is not obligated to award supplemental work for the balance of the price bid or proposed for supplemental work. The Contractor is not obligated to honor additional supplemental work in excess of the estimated labor hours identified in the Schedule. This subparagraph does not affect or change the Contracting Officer's authority under the changes clause of the contract.

(7) Except for limitations of labor hours estimated in the Schedule, there is no limit to the number of supplemental work authorizations that may be issued. MARAD may issue supplemental work authorizations requiring delivery or performance in multiple locations, if the contract contemplates multiple locations.

(8) In the event a supplemental work authorization covers a series of related procedures, the Contracting Officer may request the Contractor to furnish separate prices for each item of the work.

(9) If not otherwise provided, the Contracting Officer may request at any time during performance of supplemental work a list of subcontractors performing work covered by the supplemental work, the dollar value of the respective subcontracts, and a description of the subcontracted work and the contractor shall promptly provide the requested information.

(10)The COR shall not issue and the contractor shall not accept supplemental work authorizations from the COR that exceeds (Contracting Officer fills in amount up to $10,000.)

MCL.H-4, INDEMNITY AND INSURANCE (ADDITIONAL) -- AUG 2005

(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 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 - $5 million bodily injury by accident, each accident - $5 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 - $5 million for each person per occurrence and $5 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 - $5 million combined single per occurrence limit for bodily injury and property damage and $5 million in the aggregate.

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