DTMA91Q1600052_Combo_Syn_Sol.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

00091

Washington DC 20590-0001

1200 New Jersey Avenue, SE

MAR-380

Office of Acquisition U.S. DOT/Maritime Administration

00092-TS EMPIRE STAT CODE 16. ADMINISTERED BYCODE

X

X

X

541330

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR00091

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/26/2016 1400 ET

08/11/2016

202-366-1932Erika Matthews (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

DTMA91Q1600052

5. SOLICITATION NUMBER

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

1 18 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Mail Stop W-28-201

TELEPHONE NO.

17a. CONTRACTOR/

Bronx NY 10465 6 Pennyfield Avenue SUNY Maritime College

TS EMPIRE STATE

15. DELIVER TO

WASHINGTON DC 20590-0001

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

Office of Acquisition MAR-380

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$38.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

U.S. DOT/ Maritime Administration

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this solicitation is to procure services to determine and assess the material condition of the TS EMPIRE STATE’s steel structure and identify any necessary steel repairs needed to extend the service life of the vessel until December 2024. See Statement of Work for details.

Delivery: 180 Days After Award

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Erika F. Matthews

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 The Contractor shall provide all labor and materials necessary to perform a Material

Condition Assessment Survey of the TS EMPIRE

STATE, as described in the attached Statement of

Work.

0002 Reimbursable Travel - The Contractor shall travel as necessary to complete the work in CLIN 0001.

All travel must be in accordance with the Federal

Acquisition Regulation (FAR) travel cost principle located at FAR 31.205-46.

In order for an invoice to be processed for payment, it must include your Federal ID Number, Purchase Order Number, and Invoice Number.

Without these numbers, your invoice will be returned and payment will be delayed.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

18 2 of

Statement of Work (SOW) for Material Condition Assessment Survey of

TS EMPIRE STATE VI

1. Introduction

The United States Maritime Administration (MARAD) owns eight (8) training vessels.

MARAD supports the State Maritime Academies (SMAs) and the U.S. Merchant Marine Academy (USMMA) by providing or loaning these training ships to these entities. These training ships provide at-sea laboratories and hands-on training for maritime academy cadets to satisfy USCG and STCW requirements for at-sea training and to prepare students and cadets for careers at sea and within the U.S. Maritime Industry. All of these training ships are part of the National Defense Reserve Fleet (NDRF). They are USCG inspected, ABS classed, and meet all IMO/International regulations to the maximum extent practicable. As these vessels age, MARAD desires to maintain these ships in the safest material condition possible. This effort includes obtaining accurate material condition and remaining service life data. One of these training ships is nearly 55 years old (TS EMPIRE STATE), the oldest ship in the training ship fleet. The TS EMPIRE STATE is owned by MARAD and operated by the State University of New York Maritime College (SUNY MC), located in the Bronx, NY.

2. Scope

MARAD desires to determine and assess the material condition of the TS EMPIRE STATE’s steel structure and identify any necessary steel repairs needed to extend the service life of the vessel until December 2024, the due date of the ship’s 12th Special Survey.

From September through November 2016, the vessel will be in drydock to satisfy the ABS Intermediate Hull Survey requirements. During this same time period, MARAD intends to hire a naval architecture/marine engineering design company (through this solicitation) to conduct a top-to-bottom, bow-to-stern Material Condition Assessment Survey of the TS EMPIRE STATE, focusing on the vessel’s steel condition, including hull structure, internal structure, and watertight integrity. The vessel’s machinery, piping systems, navigation, communications, and accommodations condition assessments are not part of this tasking. The contractor shall inspect the entire ship, including the internal and external hull structure, all tanks and voids open and gas-freed, all hull appendages, watertight fixtures, sea chests, port lights, watertight doors, tank vents & overflow pipes, kick pipes & stuffing tubes, downflooding points, weather decks, superstructure, walkways with ladders and railings, internal steel structure, cargo holds, all tank tops and double bottoms, accommodations, machinery spaces, classrooms, etc. Please note that opening and (marine chemist-certified) gas-freeing the tanks and voids will be provided by the ship and/or shipyard, and are not a responsibility of this contract.

The contractor shall interview key MARAD personnel (MARAD HQ & MARAD Norfolk, VA) and SUNY MC personnel and crew during the shipyard drydock period to understand the areas of concern of both the ship owner and operator. These interviews shall be conducted aboard the vessel.

The contractor shall review ship’s logbooks, gauging reports, drawings, USCG and ABS regulatory body certificates and reports (to be provided as GFI).

Deliverables will include a detailed and comprehensive Material Condition Assessment Survey report of the vessel. In addition to the material condition assessment survey, specific recommendations shall be provided in this survey report to the vessel owner (MARAD) for repairs, upgrades, and modifications necessary to address any and all noted concerns and deficiencies in order to maintain the TS EMPIRE STATE in full class with ABS, certified with the USCG, and fully & safely operable and in good marine condition, through and including December 2024.

3. Material Condition Assessment Survey

3.1 Visual Survey of Vessel

The contractor will inspect and conduct close-up surveys of the entire vessel while in drydock in the Fall of 2016 (expected time in drydock from approximately early-September to mid-November). The location of drydocking will be in the U.S. Northeast region. The contractor shall coordinate all ship visits with the MARAD contract COR. The estimated number of days that the contractor’s representatives will be expected to be physically in attendance in the shipyard is 20 working days, not counting travel. Note that this is only an estimate, and the total number of contractor working days in the shipyard may be greater or fewer.

The contractor will be required to closely inspect tanks, voids, and double bottoms, which may involve a degree of strenuous physical activity in confined spaces.

3.2 Analysis of Gaugings

The contractor shall review UT (ultrasonic thickness) gaugings of the vessel’s structure from the past five years (to be provided by MARAD as GFI) and review and compare these to the gaugings from the Seaward Marine Lamp Ray survey of the underwater hull structure (to be completed in late August 2016) and UT gaugings performed while the vessel is in drydock in the Fall of 2016. The contractor shall analyze and review these gaugings in accordance with ABS Rules. The contractor shall provide a detailed analysis of these gaugings, identify any trends, problems, or areas of concern, and provide recommendations for future UT gaugings of the vessel. Specifically, the contractor shall calculate the average corrosion rates for the gauged portions of the vessel and predict the following corrosion states in two and a half (2.5) year increments out to December 2024:

1. When substantial corrosion is reached (i.e. 75% of the corrosion allowance is reached)

2. When steel must be renewed (i.e. 100% of the corrosion allowance is reached)

3.3 Material Condition Assessment Report

Based upon the data collected during the ship inspection (SOW Section 3.1) and the analysis of gaugings (SOW Section 3.2), the contractor shall develop a Material Condition Assessment Survey report to document observations, findings and recommendations. The overarching objectives of the Material Condition Assessment Survey are (1) to assess and document the current material condition of the vessel with regard to hull structure, internal structure, and watertight integrity and (2) to make specific recommendations to the vessel owner (MARAD) to maintain the TS EMPIRE STATE in full class with ABS, certified with the USCG, and fully & safely operable and in good marine condition, through and including December 2024.

The Final Material Condition Assessment Survey Report shall include, at a minimum:

• Executive Summary of findings and recommendations

• Detailed supporting data, information, analysis, and conclusions regarding the findings and recommendations noted in the Executive Summary

• Details of all observations

• Results, findings, and recommendations, regarding the current material condition of the

TS EMPIRE STATE

• Detailed descriptions of any and all areas needing repair, including exact locations and photographs as well as the required quantity of steel to be replaced. This repair list shall be provided in a list format as an appendix to the report, along with recommended quantities of steel replacements.

• Detailed analysis of vessel’s hull and structural UT gauging reports as noted in Section 3.2, identifying all areas of noted steel wastage and wastage trending, and making recommendations for future gaugings of the vessel. Gauging analysis calculations shall be provided as an appendix to the report.

• Detailed recommendations for addressing future gaugings, with recommended locations for future gaugings

• Specific recommended repairs, upgrades, and modifications necessary to address these noted concerns and deficiencies in order to maintain the TS EMPIRE STATE in full class with ABS, certified with the USCG, and fully & safely operable and in good marine condition, through and including December 2024

• References, annexes, and a review of all available ship’s records that pertain to the material condition of the ship and its equipment. These records include but are not limited to:

o Pertinent vessel drawings o Vessel certificates and reports o Deck and Engine logbooks o Recent shell plating and internal structural thickness measurements (gaugings) o Recent drydocking reports o Documented interviews with attending MARAD representatives and ship’s crew, who have knowledge of the material condition of the ship

4. Contract Requirements/Contract Deliverables/Progress Reports/Invoicing:

4.1 Kick-Off Meeting

The contractor shall conduct a Kick-Off Meeting with the COR and other designated representatives within three (3) business days after award of the contract. This will be accomplished via a telephone conference call or Skype. The purpose of this meeting is to discuss project timelines, milestones, Government Furnished Information, vessel access, Contract Deliverables, and other contract objectives. The Contractor shall record the meeting minutes and submit them via e-mail to the CO and the COR within three (3) business days of the Kickoff Meeting. The contractor will be expected to be onboard the vessel to meet with MARAD & ship’s personnel and to begin the ship survey within ten (10) business days after award of the contract.

4.2 Progress Reports

The contractor shall provide bi-weekly progress reports to the CO and the COR, via electronic copy/email and telephone call, commencing two weeks after the date of the award of this contract. Invoicing shall be submitted monthly and will be approved based on acceptance by the MARAD COR and CO of the progress attained in the bi-weekly progress reports.

4.3 Final Report Submittal

The final report shall be provided to the CO and the COR via 10 electronic copies on 10 separate CD-ROMs. The report shall be submitted electronically in Microsoft Office 2010 and PDF formats. In addition, three (3) copies of the Final Report shall be submitted as bound hard copies.

The Material Condition Assessment Survey report of the vessel shall include the following at minimum:

• Executive Summary of findings and recommendations

• Detailed supporting data, information, analysis, and conclusions regarding the findings and recommendations noted in the Executive Summary

• Details of all observations

• Results, findings, and recommendations, regarding the current material condition of the

TS EMPIRE STATE

• Detailed descriptions of any and all areas needing repair, including exact locations and photographs as well as the required quantity of steel to be replaced. This repair list shall be provided in a list format as an appendix to the report, along with recommended quantities of steel replacements.

• Detailed analysis of vessel’s hull and structural UT gauging reports as noted in Section 3.2, identifying all areas of noted steel wastage and wastage trending, and making recommendations for future gaugings of the vessel. Gauging analysis calculations shall be provided as an appendix to the report.

• Detailed recommendations for addressing future gaugings, with recommended locations for future gaugings

• Specific recommended repairs, upgrades, and modifications necessary to address these noted concerns and deficiencies in order to maintain the TS EMPIRE STATE in full class with ABS, certified with the USCG, and fully & safely operable and in good marine condition, through and including December 2024

• References, annexes, and a review of all available ship’s records that pertain to the material condition of the ship and its equipment. These records include but are not limited to:

o Pertinent vessel drawings o Vessel certificates and reports o Deck and Engine logbooks o Recent shell plating and internal structural thickness measurements (gaugings) o Recent drydocking reports o Documented interviews with attending MARAD representatives and ship’s crew, who have knowledge of the material condition of the ship

5. Other

5.1 Period of Performance

The period of performance (POP) shall be no more than 180 calendar days starting from the award date of this contract. The draft Material Condition Survey Assessment report shall be provided to MARAD for review and comment by December 15, 2016; comments will be provided by MARAD within four weeks of receipt of the Draft Report; and the Final Material Condition Survey Assessment report shall be submitted to MARAD no later than 180 calendar days from the date of award of this contract.

5.2 Travel

The contractor is required to perform the following travel to support this effort: a trip for up to three (3) persons to inspect the vessel in a shipyard during the Fall of 2016; location is TBD. All travel by the contractor will be reimbursable and shall be in accordance with the Federal Acquisition Regulation (FAR) travel cost principle located at FAR 31.205-46, to include all costs. Contractor shall submit copies of invoices of airfares, hotels, rental cars, etc. to the CO for review and approval.

5.3 Government Furnished Information (GFI)

The following GFI will be made available after contract award for use in developing the contract deliverables. All GFI will be provided as soon as possible:

• Recent drydocking reports

• Recent ultrasonic thickness measurement (a.k.a. UT gauging) reports of hull plating and internal structure

• Ship’s drawings (general arrangement, scantling plans, etc.)

• Ship’s regulatory certificates, regulatory body reports, logbooks and records (where available) that pertain to the material condition of the ship

Some GFI drawings may only be available in paper version onboard the vessel. In these cases, the contractor may be required to scan these drawings into electronic PDF format.

GFI remains the property of the U.S. Government, and all GFI (electronic and paper copies) shall be returned to MARAD at the conclusion of this contract.

5.4 Security

All information and deliverables under this contract are Unclassified.

5.5 Contracting Officer’s Representative (COR)

The MARAD COR for this task order is Anthony Margan. Contact information is as follows:

• Phone: work: 202-366-0433

• Phone: cell: 202-309-4613

• Email: Anthony.Margan@dot.gov

5.6 Assistant Contracting Officer’s Representative (ACOR)

The MARAD ACOR for this task order is Paul Gilmour. Contact information is as follows:

• Phone: work: 202-366-1882

• Phone: cell: 202-309-4609

• Email: Paul.Gilmour@dot.gov

5.7 Intellectual Property

All deliverables and work products covered under this contract become the property of the U.S. Government. There must be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval of the Contracting Officer.

DTMA91Q1600052

TS EMPIRE STATE – Material Condition Assessment Survey Applicable Provisions and Clauses

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, as supplemented with the additional information included in this notice. This solicitation is advertised as a 100% small business set-aside. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted to FEDBIZOPPS (https://www.fbo.gov/ ). The RFQ number is DTMA92Q1600052. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-89 effective July 14, 2016. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The FAR clauses may be accessed in full text at these addresses http://www.acquisition.gov/far/.

The NAICS code is 541330 – Marine Engineering and Naval Architecture and the Small Business Standard is $38.5 million.

The Department of Transportation’s Maritime Administration (MARAD) intends to award a firm fixed price order to procure services to determine and assess the material condition of the TS EMPIRE STATE’s steel structure and identify any necessary steel repairs needed to extend the service life of the vessel until December 2024. The expected Period of Performance is 180 calendar days from contract award.

The following FAR provisions apply to this solicitation:

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address: https://www.acquisition.gov/far 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 Ownership or Control of Offeror (Jul 2016) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are (__) are not (__) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have (__) have not (__), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are (__) are not (__) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have (__), have not (__), within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial https://www.fbo.gov/ http://www.acquisition.gov/far/ https://www.acquisition.gov/far https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1144964 challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has (__) has not (__), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.212-1 Instructions to Offerors—Commercial Items (Oct 2015)

52.212-2 Evaluation—Commercial Items (Oct 2014)

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

The following factors shall be used to evaluate offers:

Technical Acceptability Past Performance Price

Technical Acceptability is more important than Past Performance. Non-price factors, when combined, are more important than Price.

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

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

52.212-3 Offeror Representations and Certifications—Commercial Items (Apr 2016) - The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov.

If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

52.219-1 Small Business Program Representations (Oct 2014) (Offerors are required to include a completed copy of this provision with their quote or a statement stating that it is available via the SAM’s website, https://www.sam.gov/portal/public/SAM/#1) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) The offeror represents that—

(a) It (__) has, (__) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It (__) has, (__) has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

52.222-25 Affirmative Action Compliance (Apr 1984) The offeror represents that—

(a) It (__) has developed and has on file, (__) has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2);

or

(b) It (__) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer by obtaining written and dated acknowledgment of receipt from:

Ms. Erika Faith Matthews, Contracting Officer US Department of Transportation, Maritime Administration 1200 New Jersey Avenue SE, W26-319 Washington, DC 20590

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

http://www.acquisition.gov/ https://www.sam.gov/portal/public/SAM/#1 https://acquisition.gov/far/current/html/Subpart%2033_1.html#wp1088681

The following FAR clauses apply to this solicitation:

52.252-2 Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://www.acquisition.gov/far/ 52.204-13 System for Award Management Maintenance (Jul 2013) 52.212-4 Contract Terms and Conditions—Commercial Items (May 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

(Jun 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved] __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). NOTE: If “has” is checked in paragraph (b) of 52.209-7, then 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313), also applies.

__ (10) [Reserved] __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved] X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

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__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf item8.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(45) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

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__ (46)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.25-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (48) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (54) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631).

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

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum…