D1 - 25QQ002 Final.pdf

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Barge Service in Palau 30 March 2025 to 11 April 2025
Solicitation number
M68450-25-Q-Q002
Issued by

About this file

This is a Request for Quotation (RFQ) solicitation for barge transportation services from Koror, Palau to Peleliu, Palau, issued by the United States Marine Corps' 1st MLG Expeditionary Contracting Platoon. The contractor must transport 23 containers, one grader heavy equipment, and one roller heavy equipment from the Port of Malakal in Koror to Peleliu airfield between March 30 - April 11, 2025.

The solicitation (M68450-25-Q-Q002) is unrestricted and uses NAICS code 488510 with a $20 million size standard. Quotes are due by March 10, 2025 at 10:00 AM PST. The contractor's scope includes all loading/unloading, securing cargo, providing material handling equipment, operators, and any required storage. The cargo will arrive at Port of Malakal between March 30 - April 11, 2025, and must be moved in a single trip to Peleliu. The contractor must first transport the cargo to North Port of Peleliu, then to the southern end of Peleliu airfield. Contract completion occurs when all equipment safely arrives at the airfield. The solicitation includes a possible 6-month extension option and exempts the contractor from the Palau Good and Service Tax (PGST) rate of 10%.

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SEE ADDENDUM

(No Collect Calls)

M6845025QQ002 28-Feb-2025

b. TELEPHONE NUMBER

760-763-1166

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Mar 2025

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M684509. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HANNA L. TILLEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M935195708178

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

1ST MLG

EXPEDITIONARY CONTRACTING PLATOON

P.O. BOX 555607, BLDG 140127

CAMP PENDLETON CA 92055-5607

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE M93519 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

7TH ENGINEER SUPPORT BATTALION

MSGT ZARIO COLLIE

PELELIU AIRFIELD

PELELIU, PALAU 96940

TEL: (680) 770-1171 FAX:

FAX:

TEL: (760)725-681 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$20,000,000

NAICS:

488510

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF37

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6845025QQ002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Barge Transportation Services

FFP

IAW the PWS this CLIN is for the transportation of all gear to support of MCED-P 25.

All equipments will arrive at the Port of Malakal in Palau sometime between 30 March 2025 to 11 April 2025. Once all equipments arrive, the contractor will make one movement to deliver all equipments to Peleliu airfield. The period of performance will end once all equipment has safely arrived at Peleliu airfield, as determined by technical point of contact.

Incidental service includes but not limited to, operating, providing, maintaining, material handling and transportation equipment, providing equipment necessary for securing loads, providing competent operators for supporting equipment and refueling equipment, and storage as needed.

FOB: Destination

MILSTRIP: M935195708178

PURCHASE REQUEST NUMBER: M935195708178

PSC CD: V124

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination N/A Destination N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-MAR-2025 TO

11-APR-2025

N/A 7TH ENGINEER SUPPORT BATTALION

MSGT ZARIO COLLIE

PELELIU AIRFIELD

PELELIU, PALAU 96940

(680) 770-1171 FOB: Destination

M93519

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

TRANSPORTATION OF EQUIPMENT BETWEEN KOROR, PALAU AND PELELIU’S AIRFIELD

1.0 BACKGROUND

The purpose of this performance work statement is to outline the requirement to transport equipment and misc.

included in Table 1, from the island of Koror to the airfield located on the island of Peleliu. Contractor is responsible for all supporting functions to transport equipment, to include, but not limited to, operating, providing, maintaining, material handling and transportation equipment, providing equipment necessary for securing loads, providing competent operators for supporting equipment and refueling equipment, and storage as needed.

2.0 PLACE OF PERFORMANCE

All services shall be performed in the Republic of Palau.

3.0 PERIODS OF PERFORMANCE

The period of performance will be from 30 March 2025 to 11 April 2025.

This contract is in place to receive large parts/equipment at the Port of Malakal in Palau. All equipments will arrive at the Port of Malakal in Palau sometime between 30 March 2025 to 11 April 2025. Once all equipments arrive, the contractor will make one movement to deliver all equipments to Peleliu airfield. The period of performance will end once all equipment has safely arrived at Peleliu airfield, as determined by technical point of contact.

Refer to MOVEMENT TASKs below for specific tasks.

4.0 SCOPE OF WORK

4.1 Barging Services:

4.1.1 Contractor shall provide barge services (also referred to as a floating pier, a jetty or platform pontoon or dock) on the island of Koror during the period of performance to transport US equipment, parts and life sustaining resources to the airfield located on the island of Peleliu within the republic of Palau.

4.1.2 Contractor shall provide a barge capable of transporting all equipment, identified within Table 1.

4.1.3 Contractor shall provide a barge that meets license/registration/permit/insurance requirements as per the host country regulations.

4.1.4 Contractor shall provide port service crane, tugboat, and push boat for repositioning as required.

4.1.5 Contractor shall provide standby tug for use during installation and removal of Barge if required to perform the service.

4.2 Material Handling/Loading/Offloading Equipment:

4.2.1 Contractor shall provide all material handling equipment with qualified operators capable of safely and efficiently loading and offloading all US Government equipment, included in Table 1, as required for transportation.

4.2.2 Contractor shall provide material handling/loading/offloading equipment that meets license/registration/permit/insurance requirements as per the host country regulations.

4.3 Tractor Trailer Transportation Services:

4.3.1 Contactor shall provide tractor trailers, prime movers, and qualified operators capable of safely transporting equipment, as required to the Port of Embarkation on the island of Koror and the Airfield located on the island of Peleliu.

4.3.2 Contractor shall provide tractor trailers that meet license/registration/permit/insurance requirements as per the host country regulations.

4.4 Lowboy Tractor Trailers:

4.4.1 Contactor shall provide lowboy tractor trailers, prime movers, and qualified operators capable of safely transporting equipment, as required.

4.4.2 Contractor shall provide lowboy tractor trailers that meet license/registration/permit/insurance requirements as per the host country regulations.

4.5 Potential Storage:

4.5.1 Contractor will provide storage in the case of any delays throughout the transportation of equipment between the port of Embarkation on Koror and Peleliu Airfield.

5.0 MOVEMENT TASK

Task 1. Loading of Barge and Equipment Transportation from Port of Embarkation on Koror, Palau to the North Port of Peleliu.

1. Contractor is responsible for loading barge in an efficient manner in order to optimize bed space and reduce number of trips.

2. If barge is loaded at the location other than the Port of Embarkation on Koror, Palau, then the contractor is responsible for the safe transportation of all equipment to that location.

3. Contractor is responsible for the safe transportation of equipment while loaded on barge.

4. Contractor is responsible for employing barge, material handling, transportation, and all supporting equipment within their capabilities.

5. Contractor is responsible for ensuring permissible sea state and tide conditions for safe travel from

Koror, Palau to North Port of Peleliu.

Task 2. Equipment Transportation from North Port of Peleliu to Southern End of Peleliu Airfield.

1. Contractor is responsible for safely transporting all equipment from the North Port of Peleliu to the

Southern End of the airfield on Peleliu.

2. Contractor is responsible for providing operators to competently employ all supporting equipment, to include material handling and transportation equipment, within their capabilities.

6.0 CONTRACTOR RESPONSIBILITY

6.1 Maintenance: The contractor shall be responsible for the maintenance of the supporting equipment to ensure performance of the service. The vessel and all associated equipment shall be, insofar as due diligence can make them so, seaworthy, properly and efficiently manned, equipped, supplied, and, in every way adequately prepared to perform the service required.

Safety Items: The Contractor must maintain equipment pursuant to local city and country safety requirements. In addition, equipment shall have the following operational safety features: seatbelts for the driver, headlights, reverse back-up alarm, windshield wipers, and horn.

The contractor is responsible for all scheduled and unscheduled maintenance of supporting equipment. The contractor shall provide all parts and labor necessary to complete required maintenance tasks at no additional cost to any already agreed upon/negotiated lease rate. Maintenance shall be performed according to the manufacturer’s recommended maintenance schedule. If the contractor’s scheduled or unscheduled maintenance results in Government losing use of equipment for more than 24 hours, the contractor shall provide replacement equipment of a comparable make and model in order to fulfill requirements outlined in performance work statement.

6.2 Contractor-Furnished Supply, Service, And Equipment: Contractor shall be responsible for providing all supplies, services, and equipment necessary to safely and efficiently perform the tasks outlined in the task order.

Government-furnished equipment shall not be made available to support contractor tasks.

6.3 Local Procedures, Laws, And Regulations: Contractor shall act in accordance with local procedures and regulations applicable in the region.

6.4 Health Protection: Contractor shall ensure strict compliance to the rules and procedures in the region regarding the health protection of all personnel. Contractor shall provide all necessary consumables, materials or equipment to ensure compliance to health protection order within the region.

6.5 Holidays: The contractor may be required to work during local and/or United States holiday periods.

6.6 Remedy and Re-Performance: The contractor shall, if any of the services do not conform to the contract requirements, be required by the Government to re-perform the services in conformity with the contract requirements, at no additional expense to the Government.

6.7 Equipment Operators: All equipment operators shall have at a minimum, as basic understanding of the

English language and must be able to understand and/or translate directions/instructions from the passengers in which they are servicing at any given time. Operators are required to act in a professional manner throughout the duration of the lease agreement. Operators shall represent themselves and the company they are employed by in a professional manner. Operators shall adhere to local laws such as speed limits and safe driving requirements. All operators will possess on their person, at all times, a valid license, or equal documentation, that may be required by the host nation for legal operation of the equipment in which they are assigned to operator.

The Government will not be providing hotel accommodations or meals to any operators throughout the duration of this requirement.

6.8 Contractor notice regarding late delivery: In the event the contractor anticipates or encounters difficulty in complying with the delivery schedule, the contractor shall immediately notify the Contracting Officer telephonically giving full detailed reasons for the delay. Receipt of contractor’s notice does not constitute acceptance of an alternative delivery schedule waiver of the U.S. Government’s rights under this contract or at law.

Table 1

Cargo Type Length (in)

Width (in)

Height (in)

Weight (lbs.)

Weight

(ST)

Area (sqft) Volume (cuft)

Container 82 58 96 3970 1.99 32.99 263.91 Container 82 58 96 3626 1.81 32.99 263.91 Container 82 58 96 4540 2.27 32.99 263.91 Container 82 58 96 3330 1.67 32.99 263.91 Container 82 58 96 2940 1.47 32.99 263.91 Container 82 58 96 3150 1.58 32.99 263.91 Container 82 58 96 3040 1.52 32.99 263.91 Container 82 58 96 3040 1.52 32.99 263.91 Container 82 58 96 2350 1.18 32.99 263.91 Container 82 58 96 2340 1.17 32.99 263.91 Container 82 58 96 2330 2.13 32.99 263.91 Container 82 58 96 4250 2.12 32.99 263.91 Container 82 58 96 4420 2.21 32.99 263.91 Container 82 58 96 6190 3.1 32.99 263.91 Container 82 58 96 3295 1.65 32.99 263.91 Container 82 58 96 3800 1.9 32.99 263.91

7.0 QUALITY ASSURANCE:

Customer will jointly inspect the equipment before accepting them at point of destination. If the equipment has been damaged during transportation, then there may be an additional fee as determined by the contracting officer.

1.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

8.0 SAFETY

The contractor and his/her hired employees shall be responsible for ensuring all safety requirements are adhered to.

9.0 POINTS OF CONTACTS AND AUTHORITIES

The U.S. Government (Contracting Officer) retains the right to make changes to this Performance Work Statement, prior to contract award, based on factors that are unknown at this time (e.g. funding is formally decreased, direction from U.S. Pacific Command due to changing political conditions, etc.). The contracting officer is the only person authorized to approve any changes to the requirements of the contract and not withstanding provisions contained elsewhere in this contract, the authority remains solely with the contracting officer. In the event the contractor effects any change at the direction of any person other than the contracting officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price as a result of the change. Customer points of contact will be provided after contract award.

10.0 CONTRACTUAL RELATIONSHIPS

Contractor personnel shall be under the supervision of the government officer of the project at all times while on site. The contracting officer will bring discrepancies or noncompliance with the contract clauses, specifications, or Statement of Work to the attention of the contractors’ supervisor for necessary corrective action.

11.0 LIABILITY

The U.S. Government accepts no liability for the actions of the contractor or his employees and agents.

Container 82 58 96 3800 1.9 32.99 263.91 Container 82 58 96 3800 1.9 32.99 263.91 Container 240 58 102 10230 5.12 160 1169 Container 81 49 44 2170 1.09 27.58 101.16 Container 81 49 44 1440 1.09 27.58 101.16 Container 81 49 44 1430 1.09 27.58 101.16 Container 81 49 44 995 1.09 27.58 101.16

Grader Heavy

Equipment

352 105 129 44,000 22.00 256.67 2753.33

Roller Heavy

Equipment

247 108 123 26,931 13.46 185.25 1895.38

Task Performance Standard

Acceptable Quality

Level (AQL)

Inspection Level

Incentive

Transportation of Table 1 Equipment

The contractor picks up and drops off all equipment per the schedule.

80% Each job

Consequences of Non-Compliance:

- Unsatisfactory past performance

12.0 INVOICING

The Contractor shall invoice at the end of the contract period for the entire period of performance. The Contractor shall e-mail or hand-deliver invoices to the Contracting Officer. The Contracting Officer will forward the invoice to the Finance Office for payment processing. The contractor shall list contract line items as in the delivery order and shall not exceed the obligated amount as identified within the contract agreement.

(End of Performance Work Statement)

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Vendor Threat Mitigation 13-FEB-2025

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

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

FEB 2016

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

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2024) Alternate I

FEB 2024

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or

Assembled by American Security Drone Act--Covered Foreign Entities

NOV 2024

52.247-34 F.O.B. Destination JAN 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 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders OCT 2024 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024 252.247-7025 Reflagging or Repair Work OCT 2024 252.247-7027 Riding Gang Member Requirements MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

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.

(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)

ADDENDUM TO 52.212-1: INSTRUCTIONS TO QUOTERS--COMMERCIAL ITEMS

1. SUBMISSION OF QUOTATIONS: Quotations must be received no later than 10 March 2025, 10:00AM Local Pacific Standard Time (PST). Quotation shall be submitted via email. Please respond to SSgt Hanna Tilley at hanna.bolduc@usmc.mil and Sgt Jacie Liu at jacie.liu@usmc.mil directly with quotation.

2. QUESTIONS: Questions shall be submitted by email no later than 4 days after issuance of the solicitation to the email address listed below. No phone questions will be accepted. The deadline is necessary to ensure timely award, and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. All questions will be reviewed and responded to by an amendment to the solicitation. Email questions SSgt Hanna Tilley at hanna.bolduc@usmc.mil and Sgt Jacie Liu at jacie.liu@usmc.mil.

3. PAYMENT TERMS: Invoices must be submitted via the Electronic Funds Transfer in accordance with DFARS 252.232-7003. Invoices MUST be submitted via the customer and Contracting Officer to be processed for payment.

4. SUBCONTRACTING PLAN: In accordance with FAR 52.219-9 and DFARS 252.219-7003, large business offerors shall submit a Small Business Subcontracting Plan with their proposal. Offerors shall ensure that they submit a Small Business Subcontracting Plan with all of the information required by FAR 52.219-9.

In preparing the Small Business Subcontracting Plan, offerors should note that historical compliance with FAR 52.219-8 and FAR 52.219-9 may be evaluated as part of past performance in future source selections.

A subcontracting plan is NOT REQUIRED from small business concerns and will not be evaluated.

5. VESSEL SUBSTITUTION (Tailored): No proposed substitution will be permitted by Charterer during the procurement solicitation process after the date and time for offers has passed except when such substitution is made as part of a revised offer during a period in which the solicitation is reopened or when such substitution is made as part of a final proposal revision.

6. DELIVERABLES: Prospective contractors shall provide the following documents to be considered for award--- To ensure technical compliance:

I. Quote Cover Letter. The following information shall be provided in the cover letters:

i. Solicitation number: M6845025QQ002

ii. Company Information. The name, address, Unique Entity ID (UEI), CAGE Code, NCAGE telephone number and Tax Identification Number (TIN) for the Quoter.

iii. Authorized Personnel. Provide the name, title, telephone number, and e-mail address of the company/division point of contact who can obligate your company contractually. Also, identify those individuals authorized to negotiate with the Government.

iv. Terms of any express warranty.

v. “Remit to” address, if different than mailing address.

vi. Acknowledgment of Solicitation Amendments (if applicable).

vii. Agreement with terms. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quoters are to clearly detail any exceptions taken and the rationale for the exceptions taken to the RFQ. Please note that exceptions taken to the RFQ may render the quote unacceptable to the Government.

viii. Quote expiration date must be valid for at least 90 days.

II. Vessel Information. The following information shall be provided along with the cover letter.

i. Full Style of vessel and vessel owners/operators, and load/discharge port agents’ contact information.

ii. Vessel’s INMARSAT #:

iii. Vessel’s Call Letters:

iv. Vessel’s Official Number:

v. Year of Vessel:

vi. Flag of Vessel:

vii. Proposed lay days:

viii. Lump sum and demurrage:

ix. Compliance with/acknowledgements pursuant to Part V(c) below: Yes/ No

x. Acknowledgement of all terms and conditions of RFQ: Yes/ No

xi. Name and email address for Contractor Performance Assessment Reporting

a. System (CPARS):

III. Completed Standard Form 1449 (SF1449).

i. Contractor shall ensure to review the document in its entirety and complete all fillable blanks

(including SF1449 Cover Page Blocks 17a and 30a-c, signed and dated).

ii. The contractor shall provide prices (unit price and total price) for each contract line item

(CLIN). CLINs are fixed-fixed price (FFP). Unit price and total price must be in United States Dollar (USD) as currency.

iii. Completed Vendor Threat Mitigation Form (Attachment 1) IV. Technical Capability.

i. Contractor shall submit a Capabilities Plan that explains what the contractor plans to do to complete the tasks. Capabilities Plan shall provide evidence that the Contractor can meet the PWS requirements.

V. Representations and Certifications – Completion of all solicitation provisions, as required. If information is “None” or “Not Applicable “then so state. Note: Not required to complete 52.212-3 if registered in http://www.sam.gov.

52.204-26 252.204-7016

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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 factors in 52.212-2 ADDENDUM for the EVALUATION shall be used to evaluate offers.

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

(End of provision)

52.212-2 ADDENDUM

Expeditionary Contracting Platoon, Camp Pendleton, CA, is issuing a Request for Quotation (RFQ) to procure a Barge from Koror, Palau to Peleliu, Palau. This procurement is conducted in accordance with FAR Part 12 (Acquisition of Commercial Items) utilizing FAR Part 13.5 (Simplified Acquisition Procedures).

Incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-03, effective 17 January 2025 and DFARS Change Notice (DCN) 20250117, effective 17 January 2025.

BASIS FOR AWARD. The award basis will be based on best value quoter. The resulting award will be a Firm- Fixed Priced purchase order, to provide Barge services from Koror, Palau to Peleliu, Palau. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.

In compliance with Cargo Preference, the Contracting Officer may elect to only evaluate U.S. flag vessels, to include current U.S. flag vessels and vessels to be U.S. flag upon delivery.

EVALUATION. The Government intends to make a single Firm Fixed Price award, to satisfy this requirement. The award will be made on the initial evaluation of quotes received in response to this RFQ.

The following ratings/definitions will be utilized for the Technical Capability factor:

RATING DESCRIPTION

ACCEPTABLE Quotation meets the requirements of the solicitation.

UNACCEPTABLE Quotation does not meet the requirements of the solicitation.

The following ratings/definitions will be utilized for the Past Performance factor:

RATING DESCRIPTION

SATISFACTORY Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter’s performance record is unknown. (See note below.)

UNSATISFACTORY Based on the quoter’s performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Note: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have “Neutral” past performance. In the context of satisfactory/unsatisfactory, “Neutral” shall be considered “Satisfactory.”

The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), SPRS, and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

The following factors shall be used to evaluate Quotes:

1. Vendor Threat Mitigation Form All interested vendors are required to submit with their quote/proposal the attached US INDOPACOM Foreign Vendor Information Sheet (Attachment 1). If the vendor fails to provide all the requested information, they will not be considered for contract award. Results from the Vendor Threat Mitigation (VTM) process may deem a vendor/offeror ineligible to receive a contract award. Provide all requested information on the attached Foreign Vendor Info Form. All data fields within the Foreign Vendor Info Form must be filled in to be considered a completed submission. If there are questions concerning on how to properly complete this document, please reach out to the Contracting Specialist/Contracting Officer.

2. Technical Technical Capability of the contractor to conform to all matters with respect to the solicitation and must provide the required service within the required specifications listed in Addendum 52.212-1(5).

Capability Plan: All interested vendors must submit their Capability Plan along with their quote. Failure to submit a Capability Plan will result in being technically unacceptable.

Subcontracting Plan (if required): For large businesses, the Government will evaluate the Small Business Subcontracting Plan in accordance with FAR 52.219-9. Failure to submit and negotiate a subcontracting plan acceptable to the Contacting Officer will make the offeror ineligible for award of a contract.

3. Delivery The contract must meet the required delivery schedule needed. Contractors unable to meet the 30 March 2025 deadline will not meet the “Delivery” performance evaluation criteria.

4. Past Performance The apparent successful, prospective contractor shall have satisfactory past performance. Prospective vendor’s past performance will be reviewed using Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov, SPRS, DoD PPIRS, and the FAPIIS data available from Government sources. Prospective contractors with a Past Performance record that gives the Government a reasonable expectation that the quoter will successfully perform the required effort shall be rated as SATISFACTORY. Prospective contractors with a Past Performance record that does not give the Government a reasonable expectation that the quoter will be able to successfully perform the required effort shall be rated as UNSATISFACTORY. Prospective contractors without recorded past performance or for whom information on past performance is not available or so sparse that no meaningful past performance determination can be reasonably made, will be rated as NEUTRAL and will not be disqualified or viewed unfavorably. In the context of satisfactory/unsatisfactory, “neutral” shall be considered “satisfactory.” Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106-2(b)(i).

5. Price In accordance with FAR 13.106-3(a), before making the award, the Contracting Officer will determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

PRICING.

An adjectival rating will not be given to Pricing; rather, the Government will evaluate the unit pricing proposed by Quoters and the “Total Evaluated Price”. Quotes will be evaluated on completeness, accuracy, and reasonableness.

Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques deemed appropriate.

Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements.

Normally, adequate price competition establishes a fair and reasonable price.

Completeness and Accuracy. The Government will review the contractors quote for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the CLIN’s pricing.

The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly

The Government reserves the right to award no contract, depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the Offerors will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and request quote revisions.

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023) (Tailored Tursuant to FAR 12.302(a))

* Indicates that the clause is not tailorable.

^Indicates that the clause has not been tailored.

(a) Inspection (tailored)

(1) In General. The Vessel and her hull; machinery; boilers; all holds, voids, tanks, spaces, and equipment whatsoever shall be subject to Charterer's inspection as to suitability for the required service prior to acceptance of the Vessel and at any time during the period of this Charter Party. The Owner shall instruct the Vessel's Master to give every assistance so as to enable Charterer's inspector(s) properly to observe operations throughout the Vessel.

(2) Charterer's Rights. If in the opinion of the Charterer's inspector a deficiency or condition renders the Vessel inadequate for the required service, the Charterer shall have the option to cancel this Charter Party at no cost to the Government or to require any necessary corrective actions at the Vessel's expense and to the Charterer's satisfaction.

(3) Limitation of Charterer's Liability. Except as otherwise specifically provided herein, the Charterer shall not be liable for any loss, damage, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Vessel or which are imposed upon Owner by operation of law.

(4) Cooperation of Master. The Charterer or designated representative(s) shall have the right at loading and/or discharging port(s) or place(s) to inspect the Vessel and observe operations. The Owner shall instruct the Master to give every assistance so as to enable said representative(s) to observe operations throughout the Vessel properly.

Charterer’s representative(s) shall not interfere with the Vessel’s operations. Any delay to the Vessel resulting from the Charterer’s inspections shall count as laytime or, if the Vessel is on demurrage, as time on demurrage.

(5) Surveyors and Consultants. Surveyors or consultants as mutually agreed may be retained under this Charter in order to facilitate fact-finding in respect of actual or potential claim actions or for inspections or surveys generally; the costs therefor shall be as mutually agreed and, if for Charterer's account, said costs shall be incurred only after prior written approval from the Contracting Officer.

*(b) Assignment

The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government-wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes (tailored)

Changes within the general scope of any of the terms and conditions of this Contract may be ordered by the Contracting Officer. If any such change causes an increase or decrease in the cost of performance, such change shall be the subject of a bilateral modification to the Contract. However, nothing in this paragraph shall excuse the Contractor from proceeding with the Contract as changed.

*(d) Disputes

This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions (tailored)

The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. Additional definitions are listed in Part IV.

(f) Excusable Delays (tailored)

(1) Excepted events. Neither the Vessel, her Master, the Owner, nor the Charterer shall, unless otherwise in this Charter Party expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder arising or resulting from any act of God; act of public enemies, pirates, or assailing thieves; arrest or restraint of princes, rulers, or people; seizure under legal process provided bond is promptly furnished to release the Vessel; flood; fire; blockade; riot, insurrection, or civil commotion; earthquake; or explosion. The Vessel shall have the liberty to sail with or without pilots, to tow and to be towed, to assist Vessels in distress, and to deviate for the purpose of saving life or property, or to go into dry dock or into ways with or without cargo, passengers, or other personnel, as applicable, onboard.

(2) Notification. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(3) Reservation. The exceptions identified in subparagraph (1) above shall not be such as to affect the Owner's warranties respecting the condition of the Vessel, or the Owner's obligations respecting the services specified under this Charter. Defaults of subcontractors at any tier or the Owner’s failure to perform due to a labor disruption, labor dispute, or strike shall not constitute excepted events under subparagraph (1).

*(g) Invoice

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line-item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

^(h) Patent Indemnity

The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

*(i) Payment

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss (tailored)

(1) Carriage of Goods by Sea Act (COGSA). Except as otherwise specified herein, the Owner, Vessel, and Charterer in all matters arising under this Charter Party shall be entitled to the like privileges, rights, and immunities (from the time the cargo is loaded until the time it is discharged from the Vessel) as are contained in 46 U.S.C. App.

1300-1315. However, any references in COGSA to (a) notices of loss or damage or (b) limitation-of-action periods shall not apply to this Charter Party. For purposes of this Charter Party, the term "carrier" as used in COGSA shall mean "the Owner" and the term "shipper" shall mean "the Charterer."

(2) Containers. For purposes of the application of the COGSA, goods shipped in containers that are stowed on deck shall be deemed shipped under deck. With respect to the limitation of liability provisions of COGSA, a container shall be considered a single package only if bulk cargo is stored therein. For non-bulk cargo shipped in containers, the limitation of liability provisions of COGSA shall apply to each package within a container or, for non-packaged cargo, to each measurement ton of cargo within the container. See also III(r) (Deck Cargo).

(3) Package Limit. Except in the case of containerized cargo, for purposes of the application of COGSA, in the case of any loss or damage to or in connection with goods exceeding an actual value $500 per package, or in the case of goods not shipped in packages, per measurement ton, the value of the goods shall be deemed to be $500 per package or per measurement ton, and the Owner's liability, if any, shall be determined on the basis of the value of $500 per package or per measurement ton, unless the nature of the goods and a valuation higher than $500 shall have been declared in this Charter Party and, in such case, if the actual value of the goods per package or per measurement ton shall exceed such…

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