CSS.pdf

COMBINED SYNOPSIS / SOLICITATION (CSS)

SHIP’S AGENT & HUSBANDRY SERVICES, PAPUA NEW GUINEA

This is a combined synopsis/solicitation (CSS) for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested via this Combined Synopsis / Solicitation (CSS). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-04, effective 02 June 2023.

The following commercial items are requested in this solicitation:

ITEM DESCRIPTION for SHIP’S AGENT & HUSBANDRY SERVICES IAW the accompanying PWS IAW PWS Section 5.2.3 and 5.2.4

QTY Unit of Issue

Price – Individual Line Item Pricing

(USD)

0001 Management / Customs / Integration / Husbandry Services

1 Job

0002 Line Handler Services 1 Job 0003 Pilot / Port Authority Integration Services 1 Job 0004 Trash Removal 1 Job

FOR PRICING:

ITEM DESCRIPTION QTY Unit of Issue

Price

Ships Agent & Husbandry Services, Papua New Guinea, in accordance with the accompanying Performance Work Statement

Period of Performance: 11 August 2023 – 16 August 2023 Port Motukea, Port of Moresby and Port of Lae, Lae, Papua New Guinea

Firm Fixed Price FOB: Destination

1 Job

0002 DBA Insurance 1 EA

AVAILABILITY OF FUNDS

Funds are NOT presently available for this acquisition. No contract award will be made until appropriated funds are made available.

The following FAR provisions and clauses are applicable to this acquisition:

The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition.

The provision 52.212-2, Evaluation -- Commercial Items, will be used, and the specific evaluation criteria included are technical and price.

** Basis for Award: The request for quotation uses streamlined acquisition procedures pursuant to FAR Part 12 and FAR Part 13 as authorized. The Government intends to award a firm fixed price contract resulting from competitive quotes received in response to this solicitation. The quote will be evaluated for a fair and reasonable price. All contractors are reviewed for responsibility IAW FAR 9 and for US Government past performance. The dollar amount for the DBA Insurance Policy will not be evaluated in the total price.

The award decision will be based on price and other factors, IAW FAR 13, where factors other than price are valued more than the low price alone in order for the Government to obtain the best value. The evaluation factors are as follows:

Evaluation Factors for Award.

FACTOR 1: Relevant Past Experience

The contractor submits with their quote a maximum of two (2) relevant past experiences providing Ships Agent and Husbandry support services - contractor submissions of past experience can include performance in more countries than Papua New Guinean Ports. The depth and breadth of the experience, and quantity up to the maximum of two, are evaluated using the following scale: Pass and Fail.

FACTOR 2: Contractor Capability and Approach

The contractor submits with their quote a no-more-than one-page synopsis of their capability and approach to satisfy the requirements found in the accompanying Performance Work Statement. This may include existing facilities, workforce capabilities, assets, proximities, and so forth. The Government will assess the approach and capability for the best overall support to the USG Vessel. The contractor capability and approach are evaluated using the following scale: Pass and Fail.

FACTOR 3: Price

a. The total evaluated price shall be the sum of all CLIN/ELIN prices listed in the schedule. This amount will be the total evaluated price.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars. The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price quote. The offeror shall provide quoted amount without tax included.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3. Offerors are cautioned that an unrealistically low price, or unbalanced pricing of line items, as proposed initially or subsequently, may be a ground for eliminating a quote from consideration, either on the basis that the offeror does not understand the required services, or he/she has made an imprudent offer.

d. Both Factors 1 and 2, relevant past experience + contractor capability and approach are greater than price. All prices will be assessed by the USG for being fair, reasonable, and realistic.

The Government shall weigh factors 1 and 2 against the price for the overall best value. In the event of a contractor tie in factors 1 and 2, the lowest price shall win the award.

e. This agreement is subject to the Defense Base Act (DBA) and as such the Contractor is required to purchase Worker’s Compensation Insurance in accordance with FAR 28.309(a) and FAR clause 52.228-3. This cost is reimbursable to the Contractor and will be paid upon receipt of invoice showing proof of purchase. The contractor is required to provide a price quote for DBA insurance with their offer. A list of authorized DBA insurance carriers can be found at https://www.dol.gov/agencies/owcp/dlhwc/lscarrier. An authorized DBA carrier must be utilized.

The due date for offers is August 02, 2023 @ 15:00 Hawaii Standard Time. Offers shall be submitted via email to the contacts provided below:

SSG Catherine McKinney – catherine.r.mckinney.mil@army.mil

SSG Marshall Haymore – marshall.v.haymore.mil@army.mil

Contractors shall provide the following information with their quote:

Company Name:

UEI / CAGE Code (if applicable):

Point of Contact Name:

Point of Contact Signal App:

QUOTATION SUBMISSION

Questions can be sent to SSG Catherine McKinney at catherine.r.mckinney.mil@army.mil. Last Date/Time for questions is 31 July @ 3:00 PM Hawaii local time.

To be eligible for award under this request, contractors shall provide a quote for Defense Base Act Insurance.

Failure to submit the required information may result in your offer being considered non-responsive.

The offeror’s quotation shall be submitted via email to marshall.v.haymore.mil@army.mil an catherine.r.mckinney.mil@army.mil. All submissions are due to the responsible Contracting Office no later than 02 AUG 2023 @ 3:00 PM Hawaii local time.

DBA Language The offeror will be required to provide evidence of a pricing estimate for DBA insurance from an approved Department of Labor provider, normally via a broker, either with its offer or prior to award. This is to demonstrate that the offeror has taken the DBA insurance requirement into consideration as part of its quotation. The offeror’s estimated cost of DBA insurance will be included as part of the overall pricing and will not be separately priced or evaluated. The offeror’s price 6 quotation must be inclusive of the cost of obtaining Defense Base Act (DBA) insurance, and maintaining coverage throughout the entire period of performance including any option period(s).

After award the contractor will not receive separate reimbursement from the Government for obtaining the insurance policy. To be eligible for award, offerors must include: Evidence of a quotation/price estimate for DBA insurance (CLIN 0002), from an authorized underwriter, that includes the scope of work described in this solicitation.

Vendors shall ensure that their quoted pricing accounts for the open market pricing of obtaining DBA insurance coverage. THERE WILL BE NO PRICE ADJUSTMENT AFTER AWARD. Vendors are responsible for knowing the coverage limits of their DBA insurance policy. The contractor will be required to have a DBA policy in place prior to the commencement of work.

The contractor shall purchase DBA insurance only from carriers that are authorized to provide such coverage by the United States Department of Labor (DOL). This requirement also applies to all subcontractors. The DOL maintains a website that contains a complete list of authorized insurance carriers at http://www.dol.gov/owcp/dlhwc/lscarrier.htm. Carriers authorized to provide DBA insurance are identified with the letters “DB” in the column titled “Acts Covered.” The following providers are for information only and do not represent an endorsement by the US Government. The list is NOT all inclusive.

1. Insurance Providers: Listed below are some companies that provide DBA insurance although there are many others. The providers listed below are for information purposes only and do not represent an endorsement by the US Government. Offerors/Contractors are encouraged to review the DOL website or to contact insurance brokers, in paragraph (2), to identify other companies that are authorized to provide DBA insurance coverage. This list is not all-inclusive.

AIG: http://www.aig.com/Defense-Base-Act_3171_417691.html

CNA:

https://eservices.europassistanceusa.com/sites/DBA/Anon/Pages/Welcome.aspx?ReturnUrl=/sites/DBA/_layouts/Au thenticate.aspx?Source=%2Fsites%2F DBA&regPrompt=1

Chubb: https://www2.chubb.com/us-en/business-insurance/federal-government-contractors.aspx

Zurich: http://www.zurich.com/

Allied World Insurance: https://www.alliedworldinsurance.com/usa-casualty-defense-base-act-and-foreign-voluntaryworkers-compensation

Starr Companies: http://www.starrcompanies.com/insurance/defenseoverview

2. Insurance Brokers. Insurance brokers are representatives of insurance providers and sell insurance to contractors. Listed below are some companies that provide this service, although there are many others. The brokers listed below are for information purposes only and do not represent an endorsement by the US Government. This list is not all inclusive and may NOT be current. Contractors should request the names of insurance brokers from the insurance provider to obtain DBA insurance coverage.

Global Underwriters: http://www.defensebaseact.com/

AON Corporation: http://www.aon.com/reinsurance/specialty_practices/accident_health_life.jsp

Marsh & McLennan: http://www.marsh.com

Lockton: http://dbainsuranceservices.com

Moody Insurance Worldwide: http://www.moodyinsurance.com/gov_defense_base.shtml

LMG International: http://www.lmg-intl.com/dba/

Attachment 1: Performance Work Statement

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition. The following additional FAR clauses cited in the clause are applicable to the acquisition:

The following additional FAR clauses are applicable to this acquisition and are incorporated by reference:

52.203-3 Gratuities (Apr 1984) 52.204-7 System for Award Management (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2020) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) 52.204-22 Alternative Line Item Proposal (JAN 2017) 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations--Representation (NOV 2015) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. (OCT 2015) 52.228-3 Workers’ Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021

The following additional DFARS provisions and clauses are applicable to the acquisition:

252.201-7000 Contracting Officer Representative (DEC 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (SEP 22) 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced (APR 2020) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (JAN 2023) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

(JAN 2021)

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 22) 252.204-7020 NIST SP 800-171 (DoD Assessment Requirements NOV 2020) 252.225-7041 Correspondence in English (JUN 1997) 252.232-7008 Assignment of Claims (Overseas) (JUN 1997) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JAN 2023 252.243-7001 Pricing of Contract Modifications (DEC 2012) 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DEC 2022) 252.246-7008 Sources of Electronic Parts (JAN 2023)

The following additional FAR clauses are applicable to this acquisition and are incorporated by full text:

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates "has" in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name:

(Do not use a "doing business as" name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates "yes" in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a "doing business as" name)

(End of provision)

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: .

(Do not use a "doing business as" name).

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance or Equipment

(NOV 2021)

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 Products or Commercial Services. 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) Representation. 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

(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)

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)(1) Representation. 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)

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.

(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 via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212- 1 Instructions to Offerors – Commercial Products and Commercial Services

INSTRUCTIONS TO OFFERORS

1.) Complete pricing for each CLIN/ELIN in the schedule as required without TAXES and include ALL shipping charges, FOB Destination to Port Moresby and Lae, Papua New Guinea.

2.) Complete the following provisions/clauses:

- FAR provision 52.204-17 “Ownership or Control of Offeror”

- FAR provision 52.204-20 “Predecessor of Offeror”

- FAR provision 52.204-24 “Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment”*

- FAR provision 52.204-26 “Covered Telecommunications Equipment or Services-- Representation”*

- FAR provision 52.212-3 (ALT I) “Offeror Representations and Certifications” * (Only complete paragraph (b) if you have an active SAM registration)

- DFARS provision 252.204-7016 “Covered Defense Telecommunications Equipment or Services- -Representation”*

- DFARS provision 252.204-7017 “Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation”*

- DFARS clause 252.229-7001 “Tax Relief”

- DFARS provision 252.247-7022 “Representation Of Extent Of Transportation By Sea”

*Offerors already registered in the System for Award Management (SAM) shall complete the annual representations and certifications electronically via the website at http://www.sam.gov.

4.) System for Award Management (SAM) Registration: The US Government prefers to award to contractors who are registered and have an active account at the SAM. All contractors, offering under this solicitation should attempt to register. Offers, where the contractor is not registered will also be considered.

The US Government prefers that contractors also be registered in Wide Area Workflow (WAWF) to facilitate electronic invoicing and payment. Manual Invoices will also be accepted if contractors are unable to register in SAM and WAWF.

Registered in SAM: Yes No (Make sure your registration status is ACTIVE and not expired.)

Registered in Wide Area Workflow (WAWF): Yes No (WAWF will not work when the SAM registration is inactive. This will cause payment delays!)

The following information must be provided/completed with your offer:

POC E-mail address:

DUNS Number:

CAGE Code:

TAX ID (US firms only):

Accepted Payment Methods: Electronic Funds Transfer (EFT) Yes Government Purchase Card (Credit) Yes Wide Area Workflow (WAWF) Yes

No No No

5.) Offerors shall submit a Section 889 Representation. Section 889 of the National Defense Authorization Act (NDAA) prohibits executive agencies from entering into, 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, on or after August 13, 2020, unless an exception applies or a waiver is granted. If the merchant has provided a negative response to the provision at 52.204-26 (or paragraph (v) of the provision at 52.212-3, the merchant shall not complete the 889 Representation Form. 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”. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) is strictly prohibited.

5.) Offerors shall submit an updated EFT Form to ensure a record is created by Finance for the purpose of fast payment unless offeror is registered in SAM.gov.

6.) In accordance with FAR 13.106-2, the Government will award a contract from this solicitation to the responsible offeror on a Comparative Evaluation basis. The Government reserves the right to award to an offeror with other than the lowest price.

7.) The offeror shall submit the following for evaluation as part of their quotes which will be evaluated in accordance with far 52.212-2 of this solicitation:

Factor 1: Relevant Past Experience

The contractor submits with their quote a maximum of two (2) relevant past experiences providing Ships Agent and Husbandry support – contractor submissions of past experience can include performance in more countries than Papua New Guinea. The depth and breadth of experience, and quantity up to the maximum of two, are evaluated using the following scale: Pass and Fail.

Factor 2: Contractor Capability and Approach

The contractor submits with their quote a no-more-than one-page synopsis of their capability and approach to satisfy the requirements found in the accompanying Performance Work Statement and Order Form. This may include existing facilities, workforce capabilities, assets, proximities, and so forth. The Government will assess the approach and capability for the best overall support to the USG Vessel. The contractor capability and approach are evaluated using the following scale: Pass and Fail.

Factor 3: Price

a. The total evaluated price shall be the sum of all CLIN/ELIN prices listed in the schedule. This amount will be the total evaluated price.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars. The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price quote. The offeror shall provide quoted amount without tax included.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3. Offerors are cautioned that an unrealistically low price, or unbalanced pricing of line items, as proposed initially or subsequently, may be a ground for eliminating a quote from consideration, either on the basis that the offeror does not understand the required services, or he/she has made an imprudent offer.

d. Both Factors 1 and 2, relevant past experience + contractor capability and approach are greater than price. All prices will be assessed by the USG for being fair, reasonable, and realistic. The Government shall weigh factors 1 and 2 against the price for the overall best value. In the event of a contractor tie in factors 1 and 2, the lowest price shall win the award.

e. Options. Not Applicable

f. This agreement is subject to the Defense Base Act (DBA) and as such the Contractor is required to purchase Worker’s Compensation Insurance in accordance with FAR 28.309(a) and FAR clause 52.228-3. This cost is reimbursable to the Contractor and will be paid upon receipt of invoice showing proof of purchase. The contractor is required to provide a price quote for DBA insurance with their offer. A list of authorized DBA insurance carriers can be found at https://www.dol.gov/agencies/owcp/dlhwc/lscarrier. An authorized DBA carrier must be utilized.

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.

This request does not commit the Government to pay any costs incurred in the preparation and submission of your quote or in making any necessary studies for the preparation thereof, or for any visit the Contracting Officer may request for the purpose of clarification of the quote or for preparation on negotiations.

All questions regarding this solicitation shall be submitted by e-mail to the Point of Contact stated in the Combined Synopsis / Solicitation (CSS) Letter. The applicable section and paragraph reference shall process questions. The Government requests that questions shall be requested no later than 31 JUL 2023 at 3:00pm Hawaii Standard Time to allow the Government sufficient time to respond prior to the closing date. The Contracting Officer may limit the number of questions answered. Answers to questions may be posted as a Solicitation Amendment and distributed to all interested parties. Offerors are responsible for monitoring e-mail for postings of amendments, answers to questions, and other instructions/information, if any.

Offerors are responsible to provide their quotes to this office before the specified date and time. Offerors shall submit offers via email. All email attachments SHALL BE labeled in the following format: CSS

NUMBER_CONTRACTOR NAME_DOCUMENT TITLE

Offers are to be provided with only 2-digit decimals after the Comma. More than 2-digits will need to be shortened by this office.

US Companies are encouraged to provide US Dollar offers only as otherwise serious payment problems may occur.

Offerors are required to provide their offers/comments in the English language. Non-compliance may result in rejection of quotes.

Please return ONLY those pages where entries have been made.

ADDENDUM TO PROVISION 52.212-1 – INSTRUCTION TO OFFERORS

The following shall apply to this solicitation in addition to those terms and conditions in FAR provision 52.212-1.

The specific paragraphs of FAR provision 52.212-1 affected are shown below:

Paragraph (a) - Small business size standard does not apply to this solicitation.

Paragraph (c) - Period for Acceptance of Offers is changed to read: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

Paragraph (h) - Multiple awards does not apply to this solicitation.

Paragraph (i) - Availability of Requirements document cited does not apply to this solicitation.

Paragraph (m) is added to incorporate the following with respect to the information and documents required for submission in response to this solicitation:

- 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 contract will be awarded to the contractor based on the best value to the Government, with equipment quality, schedule and price considered. The winning contractor may or may not be the lowest priced offeror. The following factors shall be used to evaluate offers: delivery time, equipment specifications and price. Award of this contract will be on the best value basis pursuant to the award criteria stated in FAR provision 52.212-2. Since it is the Government’s intent to award without discussions, per FAR provision 52.212-1(g), offerors are cautioned to examine this solicitation in its entirety and to ensure that their quote contains all necessary information, provides all required documentation, and is complete in all respects. However, the Government reserves the right to conduct discussions, if determined necessary.

52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

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 contract will be awarded to the contractor based on the best value to the Government, with equipment quality, schedule and price considered.

In accordance with FAR 13.106-2, the Government will award a contract from this solicitation to the responsible offeror on a Comparative Evaluation basis. The Government reserves the right to award to an offeror with other than the lowest price.

The following factors shall be used to evaluate offers:

Factor 1: Relevant Past Experience

The contractor submits with their quote a maximum of two (2) relevant past experiences providing Ships Agent and Husbandry support – contractor submissions of past experience can include performance in more countries than Papua New Guinea. The depth and breadth of experience, and quantity up to the maximum of two, are evaluated using the following scale: Pass and Fail.

Factor 2: Contractor Capability and Approach

The contractor submits with their quote a no-more-than one-page synopsis of their capability and approach to satisfy the requirements found in the accompanying Performance Work Statement and Order Form. This may include existing facilities, workforce capabilities, assets, proximities, and so forth. The Government will assess the approach and capability for the best overall support to the USG Vessel. The contractor capability and approach are evaluated using the following scale: Pass and Fail.

Factor 3: Price

a. The total evaluated price shall be the sum of all CLIN/ELIN prices listed in the schedule. This amount will be the total evaluated price.

b. Currency: Offers submitted in response to this solicitation shall be in terms of local currency or U.S. Dollars. The Government shall use the daily exchange rate of the solicitation closing date to convert local currency offers into U.S. Dollar for evaluation. Evaluation of foreign currency offers will be in accordance with FAR clause 52.225-17. All supporting documentation shall reflect the same currency established in the price quote. The offeror shall provide quoted amount without tax included.

c. Each offeror’s proposed price will be evaluated to determine whether it is fair and reasonable as per FAR 13.106-3. Offerors are cautioned that an unrealistically low price, or unbalanced pricing of line items, as proposed initially or subsequently, may be a ground for eliminating a quote from consideration, either on the basis that the offeror does not understand the required services, or he/she has made an imprudent offer.

d. Both Factors 1 and 2, relevant past experience + contractor capability and approach are greater than price. All prices will be assessed by the USG for being fair, reasonable, and realistic. The Government shall weigh factors 1 and 2 against the price for the overall best value. In the event of a contractor tie in factors 1 and 2, the lowest price shall win the award.

g. Options. Not Applicable

h. This agreement is subject to the Defense Base Act (DBA) and as such the Contractor is required to purchase Worker’s Compensation Insurance in accordance with FAR 28.309(a) and FAR clause 52.228-3. This cost is reimbursable to the Contractor and will be paid upon receipt of invoice showing proof of purchase. The contractor is required to provide a price quote for DBA insurance with their offer. A list of authorized DBA insurance carriers can be found at https://www.dol.gov/agencies/owcp/dlhwc/lscarrier. An authorized DBA carrier must be utilized.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO PROVISION 52.212-2

OFFERORS EARLIEST POSSIBLE PERFORMANCE START DATE

Performance will commence within calendar days upon receipt of the order.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that—

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture…