Combined synopsis-solicitation W912BU21Q0015.pdf

COMBINED SYNOPSIS/SOLICIATION

W912BU21Q0015

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

This is a combined synopsis/solicitation, W912BU21Q0015, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included as an attachment.

This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation.

Request for quotation (RFQ):

CLIN DESCRIPTION

0001 U.S. Drift Collection Vessel Gelberman

(See SOW and, Quote Form and Price Schedule)

FOB: Destination

Inspection and Acceptance: where work will be performed. See SOW.

Period of performance is Fifty (50) calendar days after delivery of the vessel to Contractor’s yard.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05/3-10-2021. Clauses and Provisions are available online at https://www.acquisition.gov.

This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 336611- Ship Building and Repairing with a small business size standard of 1,250 employees.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The

Government

OCT 1995

(JUN 2020) -- Alternate I 52.203-11 Certification And Disclosure Regarding Payments To SEP 2007

Influence Certain Federal Transactions 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 https://www.acquisition.gov/

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

52.204-25 Prohibition on Contracting for Certain Telecommunications

AUG 2020

and Video Surveillance Services or Equipment.

52.209-2 Prohibition on Contracting with Inverted Domestic NOV 2015

Corporations--Representation 52.209-6 Protecting the Government's Interest When

Subcontracting

JUN 2020

With Contractors Debarred, Suspended, or Proposed for

Debarment 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding OCT 2018

Responsibility Matters 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015

Corporations 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-

O0008)

MAR 2020

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act

DEC 2010

52.222-46 Evaluation Of Compensation For Professional

Employees

FEB 1993

52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-12 Maintenance, Service, Repair, or Disposal of

Refrigeration

JUN 2016

Equipment and Air Conditioners.

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer JUN 2014

Products - Alternate I 52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And

Copyright Infringement

JUN 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former

DoD

SEP 2011

Officials 252.203-7002 Requirement to Inform Employees of Whistleblower

Rights

SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or

Controlled By

MAY 2019

The Government of a Country that is a State Sponsor of Terrorism 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program--

Basic

DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7051 Prohibition on Acquisition of Certain Foreign

Commercial

DEC 2018

Satellite Services.

252.226-7001 Utilization of Indian Organizations and Indian-Owned APR 2019

Economic Enterprises, and Native Hawaiian Small Business

Concerns 252.232-7003 Electronic Submission of Payment Requests and

Receiving

DEC 2018

Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and

Certification

JAN 2008

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea FEB 2019

FAR 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $3,000.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

Paragraph (a) Inspection/Acceptance is revised to add the following:

Additional Inspection/Acceptance requirements can be found in Statement of Work (SOW).

Paragraph (o) Warranty is revised to incorporate clause FAR 52.246-18 Warranty of Supplies of a complex Nature.

(End of Clause Addendum)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2021) ALTERNATE I (FEB 2000)

(a) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(1) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(2) 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)).

(3) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(4) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(5) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(6) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1843370613 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_219-8 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713

(7) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(8) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C.4212).

(9) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.793).

(10) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.4212)

(11) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(12) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(13)

(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

(14) 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).

(15) 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).

(16) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(17) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(18) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(19)

(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(20) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(21) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(22) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056304 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056685 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056732 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056753 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056818 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054921 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055065 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055065 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046560 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046560

(b) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.246-18 Warranty of Supplies of a Complex Nature (May 2001)

(a) Definitions. As used in this clause-

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract.

The word does not include "data."

(b) Contractor’s obligations.

(1) The Contractor warrants that for 365 calendar days from final acceptance all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor’s warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor’s warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor’s plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) In the event of a breach of the Contractor’s warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price-

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b.

point or the point of acceptance) or at the Contractor’s plant, to repair or replace, at the Contractor’s election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor’s plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 45 calendar days after discovery of the defect. The Contractor shall submit to the Contracting Officer a written recommendation within 30 calendar days as to the corrective action required to remedy the breach. After the notice of breach, but not later than 30 calendar days after receipt of the Contractor’s recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor’s warranty in paragraph (c)(3) of this clause shall be 45 calendar days from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 45 calendar days thereafter.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of clause)

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

FAR 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): HTTP://farsite.hill.af.mil and https://www.acquisition.gov

(End of Clause)

FAR 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror 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(es):

HTTP://farsite.hill.af.mil and https://www.acquisition.gov

FAR 52.204-7 System for Award Management OCT 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting JUL 2019

DFARS 52.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016

FAR 52.209-7 Information Regarding Responsibility Matters Oct 2018

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items OCT 2018

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

FAR 52.222-22 Previous Contracts and Compliance Reports FEB 1999

FAR 52.2225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications JUN 2020

FAR 52.252-5 Authorized Deviations in Provisions NOV 2020

(End of Provision) http://farsite.hill.af.mil/ https://www.acquisition.gov/ http://farsite.hill.af.mil/ https://www.acquisition.gov/

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ______has ______does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) - ADDENDUM

Part (b) Submission of offers is replaced by language below.

Quote shall include the following (Quote Form):

1. Solicitation No.: W912BU21Q0015

2. Date/Name/POC: _________________________________________

3. Address/Telephone No: ________________________________

4. Cage Code, DUNS: _______________________________________

5. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). For vendors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

6. In compliance with 10 U.S.C. 7309 and 7310 and DFAR 225.7013, Restrictions on Construction or Repair of Vessels in Foreign Shipyards, the work performed under this contract shall not be performed in a foreign shipyard. The contractor shall provide the place of contract performance, and Master Agreement for Repair and Alteration of Vessels Contract Number in the Quote Form.

7. Additional requirements set forth in solicitation.

8. Price: Enter pricing in the Quote Form- Price Schedule Sheet.

Part (c) Period for acceptance of offer replaces 30 calendar days with 90 calendar days.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

All other parts of this provision remain unchanged.

QUOTE SUBMITTAL INSTRUCTIONS:

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

***Completed Quote Form with other required documentation shall be submitted via email (see instructions below) NLT 4:30 PM EST May 7, 2021 ***

Prospective contractors are required to submit offers via email to Maria.M.Figueroa-Gomez@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil with subject line as follow: MDC 3339 Gelberman Overhaul

W912BU21Q0015.

Submission, modification, revision, and withdrawal will be handled as prescribe in FAR 15.208.

Quoters must make every effort to ensure its electronic submission is virus-free. Also, responsible for verifying receipt of their quotes to this office before due date and time.

(End of Provision)

FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to lowest price quote meeting specification, terms and conditions, and past performance.

Price: Total Price of project

A) Total Price at the bottom of Price Schedule Sheet.

Technical: Scope of Work (SOW)

Past Performance: The Government will validate vendor(s) past performance information through Contractor Performance Assessment Reporting System (CPARS). Government will accept anything other than an “Unsatisfactory” rating in CPARS.

Note: FAR 52.212-2 (b) and (c) are not applicable to this solicitation.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

mailto:Maria.M.Figueroa-Gomez@usace.army.mil mailto:Robert.W.Hutcheon@usace.army.mil

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

(End of Provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services--Representation (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

https://www.sam.gov/

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

Additional contract requirement:

1- Master Ship Agreement

Potential contractor(s) shall have an existing “Master Ship Agreement” with the US Army Corps of Engineers OR shall be capable of entering into such agreement in accordance with DFARS SUBPART 217.71--MASTER AGREEMENT FOR REPAIR AND ALTERATION OF VESSELS. DFARS SUBPART 217.71 clauses are hereby incorporated in full force and effect.

2- Pre-Quote Vessel inspection(s) are allowed to prospective contractors. To scheduled appointments, prospective contractors shall contact Mr. William Lyness, Marine Superintendent, at (201) 309-2360.

During the pre-quote inspections, offeror will be allowed unencumbered access throughout the entire vessel. Representatives of the Government will be available, but only to the extent necessary to escort contractor and assist with access. Government Representatives on the vessel will not discuss the scope of the work or make any technical clarifications or interpretations.

After each inspection, a meeting will be held with all participants to allow for the presentation of any questions. This meeting is not for the purpose of educating contractor(s) that have not carefully reviewed the plans and specifications and have come unprepared. Questions will not be answered at that time but will be acknowledged and recorded. The Government will prepare answers to all questions and post them in beta.sam.gov.

3- Firms who receive a Federal contract in excess of $30,000.00 are required by legislation to submit an annual VETS Report on your employment of targeted veterans. Information on submitting your report may be obtained by accessing the following internet web site: www.va.gov.

(End of Additional Requirements)

List of Documents, Exhibits, and Other Attachments:

http://www.va.gov/

MDC 3339 Gelberman Overhaul U.S ARMY CORPS OF ENGINEERS, Philadelphia District

Attachment 1: Statement of work (SOW)

Attachment 2: Quote Form and Price Schedule

Attachment 3: Drawings

Attachment 4: JA Brand Name Form W912BU21Q0015 FINAL

(End of Documents, Exhibits, and Other Attachments)

**Questions must be submitted NLT 4:30 PM EST 10 calendar days prior to solicitation closing to Maria.M.Figueroa-Gomez@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil. Questions will be answered within 48 hours through a notice amendment. **

***Quotes shall be submitted via email to Maria.M.Figueroa-Gomez@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil NLT 4:30 PM EST May 7, 2021 ***

Important Note: the official media for distribution of this solicitation is beta.SAM.gov. It is the responsibility of the interested vendor(s) to register and monitor the notice for any amendments. Quotes that fail to furnish required representations or information, take into account amendments, or reject the terms and conditions of the solicitation may be excluded from consideration.

mailto:Maria.M.Figueroa-Gomez@usace.army.mil

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021) (JAN 2021) Alternate I (FEB 2000)