B08_SOL_140D0424Q0640_GWMP_NPS_Boat_Removal_and_Disposal.pdf

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NPS GWMP Vessel Removal and Disposal Services
Solicitation number
140D0424Q0640
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This document is a Request for Quote (RFQ) issued by the National Park Service (NPS) George Washington Memorial Parkway (GWMP) for the removal and disposal of two derelict vessels within Dyke Marsh Wildlife Preserve.

The RFQ requires the contractor to furnish all equipment and personnel for the derelict vessel removal services in accordance with the Statement of Work. The period of performance is 45 days, with work to be initiated within 30 days of award. This is a Total Small Business Set-Aside procurement, and the Government anticipates awarding a Firm Fixed Price Purchase Order. The contractor must submit a Derelict Vessel Removal Plan, Debris Disposal Plan, Vendor Oil Spill Response Plan, and Marine Salvage Safety Plan with their quote. Pricing should be broken down by boat and by project phase (removal, transport, disposal). Quotes are due by July 30, 2024 at 11:00 AM Eastern Time, and will be evaluated on technical capability, past performance, and price.

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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

D55

See Schedule

CODE 16. ADMINISTERED BYCODE

X

X

X

562119

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORD55

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

0000000000Hanna Mershman (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

07/30/2024 1100 ES

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0424Q0640

5. SOLICITATION NUMBER

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

1 47 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Herndon VA 20170 Suite 2000A 381 Elden Street Acquisition Services Directorate

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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 SCHEDULE

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)

Interior Business Center, AQD

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.

ADMINISTERED BY:

Interior Business Center, AQD Acquisition Services Directorate 381 Elden Street Suite 2000A Herndon VA 20170 USA This is a Request for Quote (RFQ) on behalf of the National Park Service (NPS) George Washington Memorial Parkway for Vessel Removal and Disposal Services (see SOW) in accordance with FAR Part

13. This requirement is a Total Small Business

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Hanna Mershman

. 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.

Set Aside.

00001 Removal, Transport and Disposal of Boat A

00002 Removal, Transport and Disposal of Boat B

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

RFQ Continuation Sheets RFQ 140D0424Q0640

NPS GWMP

Vessel Removal and Disposal Services Page 3 of 47

TABLE OF CONTENTS

SECTION 1 - REQUEST FOR QUOTE (RFQ)

1.1 General

1.2 Set-Aside Information

1.3 Anticipated Award Type

1.4 Period of Performance

1.5 Pricing Schedule

1.6 Place of Performance

SECTION 2 - DESCRIPTION / SPECIFICATIONS

SECTION 3 - ADMINISTRATION

3.1 Contractor Administration

3.2 Government Administration

SECTION 4 – QUOTATION PREPARATION & SUBMISSION INSTRUCTIONS

4.1 Quotation Preparation Instructions

4.2 Quote Organization Instructions

4.3 Quotation Package Submission Requirements

4.4 Submission of Questions

4.5 Submission of Quotations

4.6 Quotation Submission Deadline

SECTION 5 – EVALUATION FACTORS FOR AWARD

SECTION 6 – CONTRACT CLAUSES

52.252-2 Clauses Incorporated by Reference (FEB 1998)

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (MAY 2024)

DIAR 1452.201-70 - Authorities and Delegations (SEP 2011)

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (FEB 2021)

SECTION 7 – SOLICITATION PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

Vessel Removal and Disposal Services Page 4 of 47

Provisions Incorporated by Full Text

52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024)

52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures

(DEC 2023)

DIAR 1452.215-71 Use and Disclosure of Proposal / Quote Information – Department of the Interior

(APR 1984)

SECTION 8 - ATTACHMENTS

Vessel Removal and Disposal Services Page 5 of 47

SECTION 1 - REQUEST FOR QUOTE (RFQ)

1.1 General

The National Park Service (NPS) George Washington Memorial Parkway (GWMP) requires removal and disposal of two (2) derelict vessels within Dyke Marsh Wildlife Preserve. The contractor shall furnish all equipment and personnel for the specified derelict vessel removal services in accordance with this SOW and the RFQ’s terms and conditions. Any items not specifically noted, but necessary for performance in accordance with accepted industry standards, shall be furnished under this Order.

This procurement is being conducted under FAR Part 12 Acquisition of Commercial Products and Commercial Services and FAR 13 Simplified Acquisition Procedures.

1.2 Set-Aside Information

This RFQ is a Total Small Business Set Aside in accordance with FAR Subpart 19.5. Only one (1) Purchase Order will be awarded as a result of this RFQ. The selected Quoter shall provide all services sought under this RFQ.

1.3 Anticipated Award Type

As a result of this RFQ, the Government anticipates awarding a Firm Fixed Price (FFP) Purchase Order.

1.4 Period of Performance

The anticipated Period of Performance for this Purchase Order is 45 DAYS.

Period of Performance Work initiated no later than 30 days from Award Date

Work completed no later than 45 days from Award Date

1.5 Pricing Schedule

Quoter shall submit a Price Quote in the format of their choosing. The Price Quote should be broken down by Boat A and Boat B and depict project phases (example – removal, transport, and disposal). Each phase should include labor and equipment for completion of the task.

1.6 Place of Performance

The required Place of Performance is shown below:

Place of Performance

Dyke Marsh Wildlife Preserve (Refer to Statement of Work for specific boat locations)

Vessel Removal and Disposal Services Page 6 of 47

SECTION 2 - DESCRIPTION / SPECIFICATIONS

Statement of Work Dyke Marsh Wildlife Preserve Derelict Vessel Removal and Disposal Services

George Washington Memoria Parkway (GWMP)

Overview-

The National Park Service (NPS), George Washington Memorial Parkway (GWMP) requires commercially available services to remove two derelict vessels within Dyke Marsh Wildlife Preserve boundaries.

Purpose -

The purpose of this Statement of Work (SOW) is to provide for the removal and disposal of two derelict vessels within Dyke Marsh Wildlife Preserve boundaries. The contractor shall furnish all equipment and personnel for the specified derelict vessel removal services in accordance with this SOW and the RFQ’s terms and conditions. Any items not specifically noted, but necessary for performance in accordance with accepted industry standards, shall be furnished under this Order.

Objectives and Scope of Work - The goal of the Order is to provide for the removal and disposal of two derelict vessels as described below:

Location Dyke Marsh Wildlife Preserve Breakwater (Submerged) Vessel Name: Bumble Bee (Boat A) Size: 23 Ft Tanzer sailboat Coordinates: 38.760380, -77.043611

Vessel Removal and Disposal Services Page 7 of 47

Location: Dyke Marsh Wildlife Preserve, South End of Mooring Area Vessel Type: Power Boat: (Boat B) Size: Estimated Mainship 35-42 Foot Coordinates: 38.77416, -77.04675.

Vessel Removal and Disposal Services Page 8 of 47

Period of Performance-

Work shall begin within 30 days of Award Date.

All contractual requirements shall be completed and accepted by the Government no later than 45 days after the Award Date.

Operational Hours:

Work hours are weekdays, excluding holidays, between 7:30 AM and 5:30 PM.

Recognized Holidays:

New Year’s Day Labor Day

Martin Luther King Jr’s. Birthday Columbus Day

Washington’s Birthday Veteran’s Day

Memorial Day Thanksgiving Day

Juneteenth Independence Day Christmas Day

Independence Day

Deliverables-

Deliverable Deliverable Due Date Derelict Vessel Removal Plan Submit with Quote Debris Disposal Plan Submit with Quote Vendor Oil Spill Response Plan Submit with Quote Marine Salvage Safety Plan Submit with Quote Job Hazard Analysis (JHA) Submit prior to Project Start Dated Photos of the Hull IDs and other identifying markers for Boat A & B Submit at Project Completion

Photo or video documentation of Boats A & B immediately after removal from water and after destruction (Photos should indicate that Boats A & B have been removed and destroyed)

Submit at Project Completion

Contractors shall provide the following information:

1) Derelict Vessel Removal Plan: The Contractor shall prepare a Derelict Vessel Removal Plan specifying the tasks and approaches to be used to provide the services specified to fulfill the requirements of this SOW.

This Plan shall be included as part of the Contractor’s Quote and incorporated into Award if selected.

2) Debris Disposal Plan: The Contractor shall prepare a Debris Disposal Plan specifying the tasks and approaches to be used to provide the services specified to fulfill the requirements of this SOW. This Plan shall be included as part of the Contractor’s Quote and incorporated into Award if selected for Boat A & B.

Vessel Removal and Disposal Services Page 9 of 47

3) Vendor Oil Spill Response Plan:

Vendor Oil Response Plan shall be created in accordance with (IAW):

40 CFR 300, the National Oil and Hazardous Substance Pollution Contingency Plan (NCP) Department of the Interior National Capital Region Emergency Spill Response Plan Should include, but not limited to:

• Part 1. (Spill Preparedness) includes general guidance for preventing and predicting spills and leaks and preparing for spill response.

• Part 2. (Notification/Communication) includes a summary of communication systems during spill response and common internal (i.e., NPS) and external reporting.

• Part 3. (Spill Response) includes guidance for responding to releases, including performing spill notification, assessing safety, and initial containment and collection of spilled material.

• Part 4. (Cleanup and Remediation) includes how clean-up will be performed.

• Part 5. (Reporting and Recordkeeping) include background information on remediation activities and follow-up reporting.

4) Marine Salvage Safety Plan: Contractor must submit a site safety plan prior to starting work.

Some things that should be included in the site safety plan but are not limited to;

o Required personal protective equipment needed to be on site o Weather forecast o Daily tide chart o Site map o Daily operations/ activity taking place o Known hazards o Site control plan o Site specific precautions o Monitoring equipment and procedures o Identified hospital with route map

• Contractor must submit a Job Hazard Analysis (JHA) prior to starting work.

• Contractor must follow all applicable Occupational Safety and Administration regulations.

• Contractor to submit licenses/ certifications that are applicable to the operation but are not limited to;

• Crane operation

• Diving

• Rigging

• Etc.

Vessel Removal and Disposal Services Page 10 of 47

5) Contractor Qualifications: Contractor shall provide and maintain appropriate licensure, permits, certifications, and insurance to provide the required services including, but not limited to a Hauling and Movement Permit.

Services Requirements -

A) Removal Operations: The recovery of Boat A & B must be completed in a meticulous manner that prioritizes the protection of the Wildlife Preserve, including its delicate ecosystem and the surrounding waters. It is essential to ensure that no harm comes to the NPS property during this process, as preserving the integrity of the natural environment and park resources is of utmost importance.

All components associated with Boats A & B, including but not limited to hulls, engines, and any other attached parts, shall be completely removed from the project site upon the project's completion. Under no circumstances should any portion of the removed vessels be left at the site.

If for any reason the vessels cannot be removed in their entirety, the Contracting Officer's Representative (COR) must be promptly notified and consulted before any work associated with the vessels is accepted.

The contractor will use a barge mounted excavator to lift Boats A & B to a second barge then transport to shore for removal.

Potomac River and Dyke Marsh Wildlife Preserve must be navigable at all times during removal operations. Boats A & B and associated parts, fixtures, and accessories, shall be taken to an authorized disposal/disposition site.

Oil containment booms shall be put in place around the derelict vessels before removal activities commence.

The contractor will transport Boat A & B to their destination before destruction occurs.

Removal of the vessels from the river shall be completed in such a manner as to minimize disruption to boat ramps, waterway, and roadway traffic.

Contractor shall provide photo or video documentation of Boats A & B removal from water.

Contractor shall consult the National Response Team (NRT) ABANDONED VESSEL

AUTHORITIES AND BEST PRACTICES GUIDANCE.

B) Vessel Disposal: A written Debris Disposal Plan shall be submitted with quote.

https://nrt.org/sites/2/files/NRT%20Abandoned%20Vessel%20Authorities%20and%20Best%20Practices%20Guidance%20FINAL%2001JULY2020.pdf https://nrt.org/sites/2/files/NRT%20Abandoned%20Vessel%20Authorities%20and%20Best%20Practices%20Guidance%20FINAL%2001JULY2020.pdf

Vessel Removal and Disposal Services Page 11 of 47

Dismantling of Boats A & B will be done at a ship breaking facility or at an approved shore facility for smaller vessels.

Ship breaking activities must be conducted in licensed areas.

Remaining pieces/materials of the ship are then disposed of at appropriate reception facilities.

Boats A & B may be recycled or scrapped IAW EPA Ship Scrappers Guide Tips for Regulatory Compliance.

Contractor must provide photo or video proof of destruction to Concessions Specialist and COR.

C) Communication Plan: Contractor must contact GWMP Concessions Specialist/COR and Bell Haven Marina manager at least 10 days prior to starting work to remove Boats A & B (contact information to be provided at Award) to allow for coordination regarding the removal activity. At least 24 hours prior to the removal of Boat A & B, the Contractor shall notify the GWMP Concessions Specialist/COR and Bell Haven Marina Points of Contact. Contractor shall notify Concessions Specialist/COR of deviations to salvage plan.

The COR may be present during removal activities but may or may not be present during all procedures.

GWMP Concessions Specialist/COR and GWMP Facility Maintenance will coordinate necessary closures needed to perform the work.

D) Environmental Requirements: The Contractor shall ensure no detrimental effects on the environment and surrounding waterways, including, but not limited to:

Determining if Boats A & B contain any pollutants that may be harmful to the environment if discharged during any phase of removal, transport, or disposal. If pollutants are present, then before transport, the Contractor shall remove and properly dispose of the pollutants per applicable local, state, and federal laws. Any and all pollutants found to be contained within the designated derelict vessel(s) shall be reported to the appropriate agencies, removed, and properly disposed of in accordance with any and all applicable rules and regulations. Proper removal and disposal are solely the responsibility of the Contractor.

The Contractor shall comply with all federal laws, rules, and regulations, including but not limited to:

• Clean Air Act and Water Pollution Control Act

• Migratory Bird and Treaty Act, 16 U.S.C. 703-712

• Endangered Species Act, 16 U.S.C. 1531, et seq.

E) Government-Furnished Property: There will be no government property provided for this requirement.

https://nepis.epa.gov/Exe/ZyNET.exe/50000M6P.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C00thru05%5CTxt%5C00000002%5C50000M6P.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL https://nepis.epa.gov/Exe/ZyNET.exe/50000M6P.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C00thru05%5CTxt%5C00000002%5C50000M6P.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

Vessel Removal and Disposal Services Page 12 of 47

Approval of work beyond the scope of the Order is reserved for the Contracting Officer (CO).

Failure of the Contractor to obtain the approval of the CO for work beyond the scope of the Order will not be compensated through this Order nor will the Government be liable for any associate cost of the work performed.

SECTION 3 - ADMINISTRATION

3.1 Contractor Administration

TBD at Time of Award

3.2 Government Administration

The Contracting Officer (CO) for this order is:

Hanna Mershman Hanna_mershman@ibc.doi.gov / (208) 207-7390 Department of the Interior / Interior Business Center /Acquisition Services Directorate

The Contracting Officer’s Representative and Program Manager for this Order is:

TBD at Time of Award

SECTION 4 – QUOTATION PREPARATION & SUBMISSION INSTRUCTIONS

The following instructions to the Quoter are included as an addendum to Federal Acquisition Regulation (FAR) provision 52.212-1. The Quoter shall reply to this request as follows.

4.1 Quotation Preparation Instructions

To be considered for award, a Quotation shall contain the following Quoter information:

• Company Name

• Mailing Address and Website

• Company Size Status

• SAM Unique Entity Identifier (UEI)

• Complete business mailing address as it appears in the System for Award Management

(SAM) at www.sam.gov

• Contact name, phone number, and e-mail address

• RFQ Number

• Quotation Number

• Date submitted and Quote Expiration Date

• Technical and Price Quote

Quoters are required to be registered in the System for Award Management (SAM) at www.sam.gov as of the date the quotation is submitted. The quoter’s SAM registration shall be in “active” status.

Vessel Removal and Disposal Services Page 13 of 47

Quotations that do not meet all the requirements specified in this RFQ may not be considered.

The Government anticipates awarding a single Purchase Order as a result of this Request for Quote (RFQ) to the responsible Quoter whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other non-price factors considered.

4.2 Quote Organization Instructions

Your quote shall become the property of the Government and will not be returned. If your quote contains information that you do not wish disclosed to the public or used by the Government for any purpose other than evaluation of your quote, such restrictions shall be clearly indicated on each sheet containing such information. Prior to submission of your quote, the Quoter is expected to reach an understanding of the requirements of this solicitation. If such a review establishes the need for correction, such information should immediately be brought to the attention of the Contracting Officer so that the matter can be resolved. The Government reserves the right to request such additional information as may be necessary to determine the Quoter’s qualifications for award of a Purchase Order or to clarify any aspects of the technical and/or business quotes. Such information shall be furnished promptly upon the Government’s request. Copies of the successful quote will be retained only as needed for contract administration and monitoring.

4.3 Quotation Package Submission Requirements

The Quoter is required to complete and submit their quote in the following format in order to be considered for award:

Cover Letter

Includes:

• Company Name

• Mailing Address and Website

• Company Size Status

• SAM Unique Entity Identifier (UEI)

• Complete business mailing address as it appears in the

System for Award Management (SAM) at www.sam.gov

• Contact name, phone number, and e-mail address

• RFQ Number

• Quotation Number

• Date submitted and Quote Expiration Date

• Technical and Price Quote

Vessel Removal and Disposal Services Page 14 of 47

VOLUME 1

Technical

Non- Price Factor 1: Technical Capability Includes:

• Technical Capabilities and Contractor Qualifications Required Documents:

Derelict Vessel Removal Plan Debris Disposal Plan Vendor Oil Spill Response Plan Marine Salvage Safety Plan

Non-Price Factor 2: Past Performance Includes:

• Attachment B: Past Performance / Project References or similar document

VOLUME 2

Price

Price Factor: Pricing Quote Includes:

• Price Quote – Format is Contractor’s choice.

• All Price Assumptions

*Note - Quoters shall not include any pricing related information in their Quote’s Technical Volume.

4.3a. Required Components of Each Volume & Factors

VOLUME 1 - TECHNICAL

Non-Price Factor 1 – Technical Capability and Contractor Qualifications

This section may include introductory language which describes the services of the vendor, its history, its achievements, and/or its areas of specialization.

This section shall provide specific information on the topics related to the Government Statement of Work (SOW). Quoter must demonstrate a thorough understanding of the requirement and demonstrate the ability to meet the objectives outlined in the SOW in terms of personnel, material, resources, and other supplies/services that may be required to perform the work.

Technical Capabilities - Technical Capability is the extent to which the quoted services conform to the Statement of Work (SOW) contained in this RFQ. The Contractor must demonstrate an understanding of the objectives of the SOW, specific tasks required and demonstrate their competency, capacity and expertise in meeting the requirements stated in the SOW. Contractor must provide the following documents to illustrate the specific methods and techniques needed to safely complete the tasks:

Derelict Vessel Removal Plan

Debris Disposal Plan

Vendor Oil Spill Response Plan

Marine Salvage Safety Plan

Vessel Removal and Disposal Services Page 15 of 47

Contractor Qualifications - Contractor shall provide copies of and maintain appropriate licensure, permits, certifications, and insurance to provide the required services including, but not limited to a Hauling and Movement Permit.

Non-Price Factor 2 – Contractor’s Past Performance

This section of the Quotation must describe the company’s past performance related to the Vessel Removal and Disposal Services as described in the Statement of Work (SOW).

The contractor shall provide no more than four (4) recent and relevant project references (including reference name, telephone number, email address, contract number if applicable, and any relevant project description / information).

Recent is defined as within the past three years of the solicitation issuance date. Relevant is defined as work of similar type in complexity, magnitude, and scope of the work described in the accompanying

SOW.

This submission may be completed using Attachment B: Past Performance / Project References or similar format.

As outlined in Attachment B: Past Performance / Project References, the reference information shall include all of the following information for each identified Reference:

Brief description of the Project Project Location Contract and/or Task Order Number, if applicable Date of Performance Dollar Value and Contract Type Government Agency / Organization, if applicable If appropriate, customer/contact name, email address, and phone number Any issues with performance and how those issues were resolved.

It is recommended that the Quoter alert their References that their names have been submitted in response to this RFQ and that the Contacts are authorized to provide past/present performance information related to the listed contracts at the DOI’s request.

VOLUME 2 - PRICING

Price Factor - Price Quote

Your Price portion shall be a separate volume from the Technical portion. The Contractor shall propose a pricing structure in accordance with their proposed technical solution.

The Contractor shall provide a total price for both boats however pricing should include subtotals for each boat, A and B.

Vessel Removal and Disposal Services Page 16 of 47

Price: Pricing shall include all anticipated costs to fully perform all objectives as stated in this Solicitation.

The vendor is expected to include all Labor, Other Direct Costs (ODCs), and other costs in the price of each deliverable. It is important the Price Quote includes:

1) Equipment by Project Phase (Removal, Transport, Disposal).

2) Labor Categories by Project Phase (Removal, Transport, Disposal).

The Department of Labor Wage Determination is attached (Attachment A) for those categories that are not exempt from Service Contract Labor Standards requirements.

Price Assumptions: Quoters shall indicate, in this section only, if any price related assumptions have been made. If not noted in section of this volume of the quote, it will be assumed that the Quoter’s quote reflects no price assumptions for award and agrees to comply with all of the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the Quoter’s quote. Accordingly, any price related assumptions listed in any other part of the Quote shall be null and void.

4.4 Submission of Questions

Questions regarding this RFQ shall be sent via email to:

Hanna_Mershman@ibc.doi.gov

Questions shall be delivered no later than 3:00 PM Eastern Time on JULY 22, 2024.

4.5 Submission of Quotations

The Quotation shall be delivered via EMAIL no later than the date and time specified. It is the Quoter’s responsibility to ensure/verify that the Government receives its submission on or before this date and time. A Quotation received later than this date and time may not be considered in accordance with FAR 52.212-1(f).

Assumptions, Conditions, and/or Exceptions Quoters must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this RFQ. If not noted in this section of your quote, it will be assumed that the quoter proposes no assumptions for award and agrees to comply with all of the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the quoter’s quote.

Other General Information The Government reserves the right to contact a Quoter regarding their quote including to request additional discounts.

Vessel Removal and Disposal Services Page 17 of 47

4.6 Quotation Submission Deadline

Quotations shall be delivered NO LATER THAN 11:00 AM Eastern Time on JULY 30, 2024.

Quotations shall be sent via EMAIL to the Contracting Officer:

Hanna_Mershman@ibc.doi.gov

SECTION 5 – EVALUATION FACTORS FOR AWARD

The following evaluation factor information is provided in lieu of the FAR provision 52.212-2:

The basis of award will be Best Value to the Government. One Purchase Order will be awarded to the responsible Quote provider whose quote, conforming to the RFQ, will be the most advantageous to the Government. The Quote provider receiving award may not necessarily be the lowest Price or have the highest Technical Rating.

Non-Price Factors 1 and 2 (Technical Capability / Contractor Qualifications and Past Performance, respectively) are of equal importance, and when combined, are more important than the Price Factor.

The Government reserves the right to not make an award as a result of this competition if, in the opinion of the Government, none of the submissions would provide satisfactory performance at a price that is considered fair and reasonable and/or economically feasible.

The following Non-Price and Price Factors shall be used to determine the service provider whose Quote represents the best overall value to the Government:

Non-Price Factor 1: Technical Capability and Contractor Qualifications

Non-Price Factor 2: Past Performance

Price Factor: Price Quote

When combined, Non-Price Factors are more important than Price in this Best Value / Trade-Off Evaluation.

EVALUATION OF NON-PRICE FACTOR 1: TECHINICAL CAPABILITY AND CONTRACTOR QUALIFICATIONS Technical Capability is the extent to which the quoted Vessel Removal and Disposal Services conform to the Statement of Work (SOW) contained in this RFQ. The Technical Capability Rating will be based on the extent to which the Contractor has demonstrated:

• A thorough understanding of the requirement and its ability to meet the objectives outlined in the SOW in terms of personnel, material, resources, and other supplies/services that may be required to perform the work.

Vessel Removal and Disposal Services Page 18 of 47

• The specific methods and techniques needed to safely complete the tasks. Methods and techniques should be provided under the Derelict Vessel Removal Plan, Debris Disposal Plan, Vendor Oil Spill Response Plan and Marine Salvage Safety Plan required with Quote submission.

• Appropriate licensure, permits, certifications, and insurance to provide the required services including, but not limited to a Hauling and Movement Permit.

The Government shall use the following Adjectival Ratings to evaluate Non – Price Factor 1: Technical Capability and Contractor Qualifications:

Factor 1: Technical Capability and Contractor Qualifications Adjectival Ratings

Adjectival Rating

Description

Exceptional Exceeds specified minimum performance or technical requirements in a way beneficial to the Government.

Acceptable Meets specified minimum performance or technical requirements.

Marginal There is doubt regarding whether an aspect of the quote meets a specified minimum performance or technical requirement, but any such uncertainty is correctable.

Unacceptable Fails to meet specified minimum performance or technical requirements. The quote has one or more deficiencies and is not awardable.

EVALUATION OF NON-PRICE FACTOR 2: PAST PERFORMANCE

The Government will evaluate the Quoter’s Past Performance using an assessment based on information obtained via any method the Contracting Officer deems necessary. The Government reserves the right to retrieve and evaluate past performance from other sources. Sources may include:

• Using information provided on Attachment B: Past Performance / Project References

• Contractor Performance Assessment Reporting System (CPARS) – a Governmentwide Database

• System for Award Management (SAM.gov)

• Other sources as needed

The Government shall use the following Confidence Ratings to evaluate the Non-Price Factor 2: Past Performance:

Factor 2: Past Performance Confidence Ratings

Rating Description

High Confidence The Government has high confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s past performance record.

Vessel Removal and Disposal Services Page 19 of 47

Moderate Confidence

The Government has confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s past performance record.

Low Confidence The Government has minimal confidence the Quoter will successfully perform the required effort based on the analysis of the Quoter’s past performance record.

Neutral No significant performance record is identified.

EVALUATION OF PRICE FACTOR: PRICE QUOTE

The Government will evaluate the reasonableness of the Quoter’s Price quote, in part, to determine the overall best value. The Government will evaluate quotes for award purposes by reviewing total price and Boat A and Boat B subtotals. The Government may determine that a quote is unacceptable if prices are significantly unbalanced.

The Price quote will be evaluated to ensure that quoted prices are fair and reasonable. The Price Factor will not receive an adjectival rating. Price will be evaluated based on the Quoter’s price assumptions, an analysis of the overall price and components of the overall price, and for price reasonableness. The price quote will be evaluated separately from the Technical Quote.

The Government intends to make a single award for the requirement. Submission of a quote implies the Contractor agrees to the terms and conditions in this document.

The Government reserves the right to not issue an award from this RFQ. This is an RFQ only and in no way obligates the Government to award a Purchase Order or to reimburse the Contractor for any costs incurred in preparing the response to this RFQ.

SECTION 6 – CONTRACT CLAUSES

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(es): https://acquisition.gov/

The contract clauses included by reference are:

FAR Clause Title Date

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-4 Contract Terms and Conditions—Commercial Products and

Commercial Services NOV 2023

Vessel Removal and Disposal Services Page 20 of 47

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services (MAY 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT

2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

Vessel Removal and Disposal Services Page 21 of 47

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115– 390, title II).

_X_ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C.

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

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-

Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C.

657f).

_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C.

637(m)).

Vessel Removal and Disposal Services Page 22 of 47

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C.

644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).

_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

_X_ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42

U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections

Vessel Removal and Disposal Services Page 23 of 47

4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007)

(42 U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY

2024) (E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)

(46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

Vessel Removal and Disposal Services Page 24 of 47

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services.

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