Redlined_Parts_IV_(with_revised_SF1449)_V_and_VI_(excluding_new_sample_services_contract).pdf

Ship Disposal Solicitation Part IV –Ship Disposal Services Solicitation (Amendment 0002) 30 JulyAug 2013 RFQ DTMA-91-Q-2013-0013 Page IV-1

PART IV

SHIP DISPOSAL SERVICES SOLICITATION

RFQ DTMA-91-Q-2013-0013

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

DTMA-91-Q-2013-0013

Marcus Moses, Contracting Officer 202-366-4118

Marcus Moses via email marcus.moses@dot.gov

Same as Blk 9.

1 The Maritime Administration (MARAD) Office of Ship 1 EA Disposal (OSD) is soliciting revised price quotations for the towing of MARAD and other Federal agency obsolete vessels to qualified facilities to completely dismantle, recycle, and remediate all materials and components on and attached to the vessel, including the vessel's superstructure and hull, in accordance with terms of this solicitation.

07/30/2013

Open

US DEPARTMENT OF TRANSPORTATION/MARAD

OFFICE OF ACQUISITION (MAR-380)

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590-0001

Ship Disposal Solicitation (Amendment 0002) 30 Aug 2013

Part IV - Ship Disposal Services Solicitation

Page IV-2

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Ship Disposal Solicitation (Amendment 0002) 30 Aug 2013

Part IV - Ship Disposal Services Solicitation

Page IV-3

Ship Disposal Solicitation Part IV – Ship Disposal Services Solicitation

Page IV-4

A. INTRODUCTION

A.1 POOL OF QUALIFIED FACILITIES

Offerors whose General Technical Proposals (GTPs) are found technically acceptable under PART I of this solicitation will form a pool of qualified facilities eligible to compete to purchase obsolete vessels for disposal under this Ship Disposal Sales Solicitation. Section 6(c)(1) of the National Maritime Heritage Act of 1994, as amended (16 U.S.C. §5405),1 and section 3502 of the National Defense Authorization Act, Fiscal Year 2001, regarding the Scrapping of National Defense Reserve Fleet Vessels, as amended,2 limits scrapping to qualified ship recycling facilities.

A.2 AUTHORITY

This RFQ will be used to obtain revised price quotations for Ship Disposal Services from Offerors in the pool for obsolete vessels that receive no sales offers under Part III, Ship Disposal Sales Solicitation. The simplified acquisition process authorized in Federal Acquisition Regulations (FAR) Part 13 provides, at FAR 13.103, for the use of standing quotations, a competitive process that will facilitate the disposal of MARAD's obsolete vessels through recycling. Use of simplified acquisition procedures for these commercial services is authorized under FAR 13.5, Test Program for Certain Commercial Items; therefore no contract awarded under the standing quotation process will exceed $6,500,000. This RFQ will be used to solicit ship-specific revised price quotations with the intent to award contracts for ship disposal services. This RFQ may be used to award contracts over the simplified acquisition threshold up to the $6,500,000 limit established by the Test Program which expired December 31, 2015.

After that, contracts for ship disposal services can only be awarded if the amount is under the simplified acquisition threshold. If the Test Program is extended, an amendment to this RFQ will be issued.

Selections will be made on a best value basis consistent with the Federal Acquisition Regulation, pursuant to section 6(c)(1) of the National Maritime Heritage Act of 1994, as amended (16

1 Section 6(c)(1) of the National Maritime Heritage Act of 1994 was originally enacted in Section 6(c)(1) of Pub. L. 103-451, November 2, 1994, 108 Stat. 4777. It has been amended by Section 1026(c) of the National Defense Authorization Act for FY 1998, Pub. L. 105-85, November 18, 1997, 111 Stat. 1878;

Section 3502(a) of the National Defense Authorization Act for FY 2001, Pub. L. 106-398, October 30, 2000, 114 Stat. 1654A-490; and Section 3514 of the National Defense Authorization Act for FY 2008, Pub. L. 110-181, January 28, 2008, 122 Stat. 594.

2 Section 3502 is set forth in 16 U.S.C.A. §5405, note. The original statute was section 3502(b) to (f) of Pub. L. 106-398, October 30, 2000, 114 Stat. 1654. It has been amended by Section 3505(a) of the National Defense Authorization Act of FY 2006, Pub. L. 109-163, Jan. 6, 2006, 119 Stat. 3551; Section 3504 of the National Defense Authorization Act of FY 2012, Pub. L. 112-81, December 31, 2011, 125 Stat. 1717; and Section 3502 of the National Defense Authorization Act of FY 2013, Pub.L. 112-239, January 2, 2013, 126 Stat. 2222.

Page IV-5

U.S.C. §5405), and Section 3502, Scrapping of National Defense Reserve Fleet Vessels, of the National Defense Authorization Act, Fiscal Year 2001, as amended.3

B. REQUEST FOR REVISED PRICE QUOTATIONS

The Maritime Administration will periodically identify specific vessel(s) for disposal via an electronic Announcement containing both a Request for Sales Offers under Ship Disposal Sales Solicitation (SDPEXC-13001) and a Request for Price Quotations under this RFQ.

Announcements shall only be sent to Offerors in the pool of qualified facilities, which have also complied with the requirements of PART I, paragraph B.3., ADDITIONAL REQUIREMENTS

FOR CONTRACTS AWARDED UNDER PART IV, RFQ DTMA-91-Q-2013-0013 (RFQ):

submission of a standing quotation (B.3.a.) and submission of Electronic annual representations and certifications (B.3.b).

B.1. IDENTIFICATION OF VESSELS. The Announcement will identify the obsolete vessels from the non-retention vessels currently located in the Maritime Administration’s Reserve Fleet sites; Suisun Bay Reserve Fleet (SBRF), Beaumont Reserve Fleet (BRF), James River Reserve Fleet (JRRF), the Navy Inactive Ship Maintenance Facilities (NISMF) in Philadelphia PA (NISMF-PA) and Pearl Harbor, HI (NISMF-HI) and/or other locations as identified in the Announcement. Generally MARAD shall dispose of its high priority vessels first. The Announcement will identify the fleet at which the vessel is located and the price offered shall include all of the work required for preparation of the vessel in that fleet for transit to their facility. When applicable, MARAD will take into consideration and minimize the geographic distance that a vessel must be towed when towing a vessel poses a serious threat to the environment.

In the event an obsolete vessel or vessels listed in the Announcement is/are not sold, MARAD will notify the qualified facilities which vessels in the Announcement did not receive sales offers and on which revised price quotes may be submitted.

B.2. AS-IS, WHERE-IS.

The obsolete vessels are offered for sale on an “AS-IS, WHERE-IS” basis, with no warranty, express or implied, at their current fleet mooring site, or in the case of SBRF vessels, at the delivery location at the Shipyard after undocking. The Government makes no guarantees or warranties, express or implied, regarding the condition of any obsolete vessel and does not guarantee, by expression or implication, or the size, tonnage, or other descriptions of the Obsolete Vessel. The Offeror relies solely on its own inspection with respect to the particulars of the Obsolete Vessel. That if Government furnished information is provided to the Offeror in the course of offer preparation, proposal submittal or ship checks, the Government makes no guarantees or warranties that any documentation provided is current, accurate or complete or in any way represents the "AS-IS" condition of the vessel. If a Government estimate of hazardous material/waste is contained in any such documents, the Government does not guarantee the

3 See footnotes 1 and 2, above.

Page IV-6 currency, accuracy or completeness of amounts of hazardous material/waste or any other information contained in such documents. The Government is not responsible for nor will the Government reimburse the awardee for any costs it may incur associated with the disposal the vessel or the remediation, including but not limited to, costs associated with the remediation, removal or disposal of hazardous materials/wastes found on the vessel or generated as a result of remediation, dismantling or recycling processes or procedures.

B.3. Due Date for Revised Price Quotations. In the event an obsolete vessel is not sold, MARAD will notify the qualified facilities which vessels did not receive sales offers and on which quotes may be submitted. The due date for quotes will be specified in the Notification and it will generally be one week after the due date of sales offers, unless extended by the Contracting Officer or a new date specified in the Notification. MARAD reserves the right not to request quotes for some or all of the vessels for which sales offers were not received.

B.4. SHIP DISPOSAL SERVICES CONTRACTS. The resulting Contracts awarded under this solicitation will be comprised of the following:

The Standard form for acceptance of a price quotation and the firm fixed price and continuation of any block from the SF 1449.

The content in V.C.2., COMMERCIAL ITEM CLAUSES, below:

- 52.212-4, Contract terms and conditions - Commercial items, by reference (see SF 1449 block 27a)

- Any addendum to 52.212-4

- 52.212-5, Contract terms and conditions required to implement statutes and executive orders

The content in the remainder of this Subpart V.C, CLAUSES APPLICABLE TO SERVICE

CONTRACTS.

The content in SUBPART V.A, CONTRACT CLAUSES AND REQUIREMENTS

(APPLICABLE TO SALES AND SERVICE CONTRACTS).

The documents from PART VI, SUPPORTING DOCUMENTS, of the solicitation referenced in the above Sections.

Documents incorporated by Reference:

- The qualified facility’s approved General Technical Proposal, inclusive of its Technical Compliance Plan, incorporated by reference and date.

- The offeror’s representations and certifications under FAR 52.212-3—OFFEROR

REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUL

2013), incorporated by reference.

- The applicable DOL Wage Determination applicable for the location of the qualified facility.

Note: Pursuant to IV.C.5, by submitting a price quotation Contractor is confirming that the representations and certifications posted electronically at FAR 52.212-3 Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to the Ship Disposal Services Solicitation as of the

Page IV-7 date of its price quotation, and are incorporated into its price quotation.

B.5. CONTRACT FINANCING PAYMENTS. Contract financing payments are available to Contractor as detailed in Clause C.8.a and C.8.b of Subpart C, Clauses (Applicable to Ship Disposal Services Contracts) in Part V of this solicitation.

C. INSTRUCTIONS FOR SUBMISSION OF PRICE QUOTATIONS.

C.1. 52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/far/current/html/FARTOCP52.html

52.212-1— INSTRUCTIONS TO OFFERORS—INSTRUCTIONS TO OFFERORS—

COMMERCIAL ITEMS (JUL 2013).

If the price quotation submitted exceeds $500,000, then the following provision applies:

52.209-9— UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2013).

C.2. SUBMISSION VIA ELECTRONIC MAIL. Quotes must be submitted via email to the email address specified in the Announcement at the date and time specified, unless amended.

All sales offers shall remain valid for a period of 90 days from the date of submittal. MARAD reserves the right to request a 30 day extension from an offeror or offerors.

C.3. SHIP-SPECIFIC REVISED PRICE QUOTATIONS. The single-ship fixed revised price quotations for each vessel shall be based on the terms of the Announcement, as amended, this RFQ, as amended, the Ship Disposal Solicitation, and the Ship Disposal Services Contract, as specified in paragraph B.4, above.

C.3.a. Single-Ship Fixed Pricing. Price quotes will be based on a single-ship price for each vessel and shall not include economies of scale, multiple ships or group combinations of various ships or contingency offers unless specifically requested by MARAD in the request for pricing.

C.3.b. Service Contract Act. The Service Contract Act applies to recycling service contracts. Wage determinations applicable to the qualified facilities in the pool will be incorporated in service contracts awarded in response to each Announcement. MARAD will include information regarding applicable wage determinations in each Announcement.

http://acquisition.gov/far/current/html/FARTOCP52.html

Page IV-8

C.4. REQUIRED DOCUMENT SUBMITTALS. In addition to the Ship-Specific Revised Price Quotation, the documents identified below are required for each and every vessel on which a Price Quotation is submitted. Offeror’s are cautioned that failure to submit any of the following documents may result in rejection of a Price Quotation.

C.4.a. General Technical Proposal Updates. Updates to original general technical proposals including any and all changes to the Technical Compliance Plan and changes affecting the requisite Environmental Compliance Plan, Operational Plan, Business Plan, and Health and Safety Plan.

C.4.b. Scaled Facility Diagram. A scaled facility diagram shall be provided that clearly indicates the location of existing work, the placement of the vessel(s) included in the price quote upon their arrival at the Buyer’s facility and the proposed sequence of the vessel(s) into the dismantling slip. Vessels awarded must be moored at the contractor’s qualified facility, not at off-site locations where access to the vessel precludes active contract performance.

C.4.c. Underwater Hull Cleaning. If underwater hull cleaning is required for a specific vessel, and MARAD requires the offerors to contract with a MARAD qualified underwater hull cleaning contractor to perform the underwater hull cleaning as part of the contract, the offerors shall include in their price quote copy the quotation from the contractor for cleaning the underwater hull.

C.4.d. Initial Single-Ship Integrated Schedules. Offerors shall submit single-ship integrated performance schedules for each vessel on which a price quote is submitted.

Each individual ship shall be integrated with all other MARAD, Navy and commercial work at or expected to be at the offerors recycling facility during the proposed vessel dismantling period to determine the offerors reasonable performance period duration for each vessel based on a single-ship award. See Part VI. Supporting Documents, Sections F(1) through F(3) Performance Schedule Milestones, for requirements for performance schedules.

1) Required Content for Integrated Performance Schedules. Performance schedules, whether single-ship integrated or multi-ship integrated, shall utilize the notional contract start date included in the request for pricing announcement. Performance schedules shall indicate a logical sequence of events for vessel dismantlement and shall include all the major milestones as listed in Part VI. Supporting Documents, Sections F(1) through F(3) Performance Schedule Milestones, posted on FedBizOps and located in the VOA Ship Disposal technical library. Single-ship or multi-ship integrated performance schedules shall include all other awarded Maritime Administration, Navy and commercial work in process and expected to be in process during the schedule recycling period for the individual vessels.

Offerors shall factor into the schedule the interface, impact and sequencing of existing dismantlement projects with the dismantlement of the individual vessels included in the sales offer or revised price quotation. Performance schedules

Page IV-9 submitted in support of sales offers for vessels departing from the JRRF, BRF, and NISMF shall have their calendar day period of performance calculated based on the difference between the following two notional milestones: 1) Contract Start Date and 2) the Final Close-Out Report Submittal Date. Performance schedules submitted in support of sales offers for vessels departing from the SBRF shall have the calendar day period of performance calculated based on the difference between the following two notional milestones: 1) Undocking Date and 2) the Final Close-Out Report Submittal Date. MARAD will request in the price announcement the inclusion in all vessel performance schedules a specific activity with calendar day duration for the performance of the underwater hull cleaning or the dry-docking for hull cleaning activities. Performance schedules shall be submitted in support of the price offer and requested multi-ship combinations.

The performance schedules shall be submitted in MS Project 2010.

2) Sequencing Narrative. A narrative description outlining single-ship integrated or multi-vessel sequencing and scheduling shall accompany the price quote. The narrative shall clearly describe the offeror’s intended plan for the movement of the vessels through the offeror’s facility during the dismantlement process, clearly integrating newly awarded vessels into the dismantlement sequence with existing MARAD and Navy dismantlement projects. Offerors shall indicate the placement of the vessel(s) upon arrival at their facility and planned placement into the dismantlement slip.

C.5. REPRESENTATIONS AND CERTIFICATIONS.

C.5.a. 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision-- "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror

Page IV-10 will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Clause)

C.5.b. As qualified facilities eligible to compete under this RFQ are required to complete and maintain annual representations and certification electronically via http://www.acquisition.gov https://www.acquisition.gov/ http://www.acquisition.gov/

Page IV-11

(see PART I, Paragraph B.3 and PART V, Paragraph C.2.d), only paragraph (b) of the provision at FAR 52.212-3—OFFEROR REPRESENTATIONS AND CERTIFICATIONS— COMMERCIAL ITEMS (JUL 2013), set forth below, shall be completed by the Offeror and submitted with its price quotation.

For full text of the provision see:

http://acquisition.gov/far/current/html/FARTOCP52.html

52.212-3—OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JUL 2013).

Paragraph (b) is set forth in full below:

52.212-3—OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (JUL 2013).

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov.

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

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

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

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

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

C.5.c. The NAICS Code for this certification is 336611, Ship dismantling at shipyards.

http://www.acquisition.gov/

Page IV-12

C.6 MULTI-VESSEL INTEGRATED PERFORMANCE SCHEDULES. After the initial evaluation of the price quotes and establishment of the competitive range, MARAD may request performance schedules for specific multi-ship combinations that require offeror(s) to submit additional integrated performance schedules. The integrated performance schedules shall identify the offeror’s proposed vessel sequencing, integrated vessel performance periods and the performance period for each of the requested vessels in the multi-ship combination. MARAD will not request and will not accept any changes to the initial single-ship price quotations.

D. EVALUATION AND AWARD OF SHIP DISPOSAL SERVICES CONTRACTS

D.1. EVALUATION OF ALL VESSELS IN THE ANNOUNCEMENT(S). For each Announcement the award decision will consider all of the vessels together.

D.1.a. Threshold Evaluation.

D.1.a.1) Continued Technical Acceptability of GTP - Updates to the GTP will be evaluated to determine whether the proposal remains technically acceptable. The updated GTP must continue to demonstrate that the offeror has the approach, capacity, productivity, facilities, and experience to dispose of obsolete vessel(s) in a cost effective, timely manner that is environmentally sound and satisfactorily takes into account worker health and safety. The same criteria specified in PART I, Qualification of Recycling Facilities, will be utilized in evaluating any updates submitted. If the updated general technical proposal is no longer technically acceptable, the sales offer will not be considered for award.

D.1.a.2) EXCEPTION(S) TO TERMS. Ship-Specific Price Quotations, including all of the required documentation and cover letter, that take exception to, unilaterally change, or are contrary to the terms and conditions in the Ship Disposal Services Solicitation RFQ DTMA- 91-Q-2013-0013, any Announcement, or the Ship Disposal Services Contract, as identified in paragraph B.4, above, will not be considered for award.

D.1.b. Establishment of the Competitive Range. MARAD will evaluate the initial price quotations and may establish a competitive range of the most highly rated offers using the evaluation factors set forth in paragraph D.3 below.

D.1.c. Request for Multi-Ship Integrated Schedules. Once the competitive range has been established, MARAD may request multi-ship integrated schedules (see C.6) from offerors in the competitive range that are being considered for award of more than one vessel. MARAD will specify the ship combinations.

Page IV-13

D.2. BASIS FOR AWARD. Award will be made on a best value basis4, to the Offeror with a technically acceptable proposal whose offer(s), in conformance with this solicitation, is (are) evaluated to be most advantageous to the Government, price and non-price factors considered.

Awards will be made on a “best value” basis consistent with the Federal Acquisition Regulation (FAR). Awards will be made on a “best value” basis consistent with the Federal Acquisition Regulation (FAR). Part 13 of the FAR is applicable as this procurement is a simplified acquisition. “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement.

Award on the basis of “best value” allows the trade-off of price and non-price factors to achieve the greatest overall benefit to government for each group of vessels. Here, a trade-off is appropriate when it may be in the best interest of the Government to consider award to other than the lowest priced quote because of differences in schedule, capacity and/or past performance.

No dollars for day’s formula or fixed ratio are used when a tradeoff is appropriate. MARAD reserves the right not to award any contracts under this solicitation if it determines that no offer is advantageous to the government.

D.3 EVALUATION FACTORS. Three evaluation factors are considered when making the best value selection decision. The factors are not listed in any particular order of priority or importance, as permitted by the simplified acquisition procedures of the FAR. Historically, however, since the agency began awarding recycling contracts on the basis of best value using the three evaluation factors, a majority of the contracts have been awarded to the highest sales offer or, when no sales offer was received, were awarded to the lowest price quoted. The evaluation criteria for award are as follows:

Performance Schedule and the Vendor's available capacity (non-price factor).

Price Factor - The price and, when applicable, the cost to dry-dock an SBRF vessel or the cost to perform underwater hull cleaning. (See Price and Price-Related Factor below.)

Past Performance (non-price factor).

D.3.a. Price and Price-Related Factor. The agency has determined that the total cost to the government of any given award must be considered. Consequently, when awarding a SBRF vessel the agency will consider, as a price-related factor, the cost to the Government of dry-docking a vessel that is being recycled outside the San Francisco Bay area. The agency will utilize actual award prices for dry-docking that specific vessel. Therefore, for vessel-specific price quotations, the actual cost of dry-docking the vessel will be added to each vessel quote5 to arrive at the total evaluated price that will be used in the best value determination.

D.3.b. Past Performance. Under this factor, MARAD evaluates an offeror’s performance under prior MARAD contracts consistent with FAR 42.1501 Contractor Performance Information:

4 Selection based on best value utilizing non-price and price factors is consistent with 16 U.S.C.

5405(c)(1)(b) and section 3502(b) of the 2001 National Defense Authorization Act, as amended. See footnotes 1 and 2, above.

5 The dry-dock cost adjustment factor will be added to each SBRF price quote except for those submitted by Mare Island Shipyard (formerly Allied Defense Recycling).

Page IV-14

1) Adherence to contract schedules, including the resources and ability to actively and productively working vessels awarded

2) Record of conforming to contract requirements

3) Standards of good workmanship

4) History of reasonable and cooperative behavior

5) Commitment to customer satisfaction

6) Record of integrity and business ethics

7) Business-relations with the customer

A positive record in each of the past performance elements listed above is advantageous to the government.

D.4. DRY DOCKING SOLICITATION. Recycling announcements and dry-dock solicitations are advertised concurrently for the same SBRF vessels. The qualified recycling facility in California may respond to both recycling and dry-docking announcements. If the California facility submits offers/quotes for the same vessels in response to both the recycling announcement and the dry-docking solicitation, MARAD will make the apparent best value determinations separately amongst all competing offerors under the selection criteria for each announcement/solicitation. However, if the California facility's recycling offer/quote or dry-docking quote for the same vessel is the apparent best value under both of the recycling announcement and the dry-docking solicitation, MARAD will, at its sole discretion, choose which competing offer or quote from the California facility represents the overall best value to the Government. Overall best value is based on the price and non-price factors used in both the dry-docking and recycling solicitations. If MARAD selects the recycling offer/quote as the overall best value and the California facility subsequently withdraws that offer, MARAD may, at its sole discretion, refuse to consider the California facility's dry-docking quote for the same vessel even though that quote may still represent the best value under the award criteria for the dry-docking solicitation. If MARAD selects the dry-docking quote as the overall best value and that quote is subsequently withdrawn by the California facility, MARAD may, at its sole discretion, refuse to consider the California facility's recycling offer/quote for the same vessel even though that offer may still represent the best value under the award criteria for that announcement.

D.5. AWARD NOTIFICATION AND DEBRIEFING. After the best-value selections are made, the agency will notify unsuccessful offerors that their offer/quote was not selected and finalize the awards with the selected best-value offerors. After all the awarded contracts from that announcement, or group of announcements, are posted on MARAD’s Virtual Office of Acquisition (VOA), the number of offers received and the name of each awardee including the awarded price and the schedule in the contract will be posted on the Awards page of the Ship Disposal’s VOA website and notice will be sent informing offerors of the posting. Offerors then have the opportunity to request information through a debriefing regarding the reason their price quotation was not accepted, if the reason is not readily apparent in the prices and schedules in the awarded contracts.

Ship Disposal Solicitation PART V – Contract Clauses and Requirements (Amendment 0002) 30 JulyAug 2013 Page V-1

PART V

CONTRACT CLAUSES AND REQUIREMENTS

The resulting contracts awarded under this solicitation will be comprised of the following:

SHIP DISPOSAL SALES CONTRACTS

(see Part VI, Section K for a sample ship disposal sales contract)

The content in SUBPART V.B, CLAUSES APPLICABLE TO SALES CONTRACTS.

The content in SUBPART V.A, CONTRACT CLAUSES AND REQUIREMENTS

(APPLICABLE TO SALES AND SERVICE CONTRACTS).

The documents from PART VI, SUPPORTING DOCUMENTS, of the solicitation referenced in the above Sections.

The qualified facility’s approved General Technical Proposal, inclusive of its Technical Compliance Plan, incorporated by reference and date.

Bill of Sale

SHIP DISPOSAL SERVICES CONTRACTS

(A see Part VI, Section L for a sample ship disposal services contract will be added to Part VI when available)

The Standard form for acceptance of a price quotation and the firm fixed price and continuation of any block from the SF 1449.

The content in V.C.2., COMMERCIAL ITEM CLAUSES, below:

- 52.212-4, Contract terms and conditions – Commercial items, by reference (see SF 1449 block 27a)

- Any addendum to 52.212-4

- 52.212-5, Contract terms and conditions required to implement statutes and executive orders The content in the remainder of SUBPART V.C, CLAUSES APPLICABLE TO SERVICE

CONTRACTS.

The content in SUBPART V.A, CONTRACT CLAUSES AND REQUIREMENTS

(APPLICABLE TO SALES AND SERVICE CONTRACTS).

The documents from PART VI, SUPPORTING DOCUMENTS, of the solicitation referenced in the above Sections.

Documents incorporated by Reference:

- The qualified facility’s approved General Technical Proposal, inclusive of its Technical Compliance Plan, incorporated by reference and date.

- The offeror’s representations and certifications under FAR 52.212-3 – OFFEROR

REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC

2012), incorporated by reference.

- The applicable DOL Wage Determination applicable for the location of the qualified facility.

(Amendment 0002) 30 JulyAug 2013 Page V-2

Note: Pursuant to IV.C.5, by submitting a price quotation Contractor is confirming that the representations and certifications posted electronically at FAR 52.212-3 Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to the Ship Disposal Services Solicitation as of the date of its price quotation, and are incorporated into its price quotation.

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SUBPART V.A.

CLAUSES AND REQUIREMENTS

(APPLICABLE TO SALES AND SERVICE CONTRACTS)

The contract clauses listed below are specific to the Maritime Administration (“MARAD” or “the Agency” or “the Government”) and are applicable to both sales and service contracts for the disposal of obsolete MARAD, U.S. Navy and other Federal Agency vessels.

DEFINITIONS.

The following terms used in this Contract are defined as follows:

Dismantlement. The term “dismantlement” means, with respect to the Obsolete Vessel, the reduction of all materials, components, and structures of the Obsolete Vessel to its basic material and/or recyclable content. To dismantle the Obsolete Vessel means to deconstruct, dismember, or destroy the hull and superstructure and all component parts thereof in such a manner that no considerable part of the material is left intact or undisturbed to the extent that it can be readily identified as an existing portion of the original hull or superstructure. Dismantlement includes the complete removal from the slip of all portions of the Obsolete Vessel including, but not limited to, the hull, inner bottom, bulkhead, deck and deck house materials, as well as all floors, longitudinals, webs, girders and other framing.

Day. Unless otherwise specified in the Contract, all references to “day” are references to calendar days and all time periods set forth herein shall be calculated with calendar days specifically including weekends and holidays.

Disposal. The term “disposal”, with respect to the Obsolete Vessel, includes the remediation of hazardous materials and dismantlement of the Obsolete Vessel.

Hazardous Materials. The term “hazardous materials” is defined in paragraph A.2.e.2) of this Contract.

Hull. The term “hull” means the framework of a vessel, including the keel, together with all decks, deck houses, tanks, the inside and outside plating and all steel bulkheads, but exclusive of masts, yards, rigging, machinery, outfit and equipment.

Obsolete Vessel. The term “Obsolete Vessel” means the vessel identified in the Contract, including any equipment and components on or attached thereto.

Remediation. The term “remediation" includes, with respect to hazardous materials, the removal, shipping or transporting, and disposal of hazardous materials taken from the

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Obsolete Vessel or generated by the Contractor during the disposal of the Obsolete Vessel.

A.1 GENERAL TERMS AND CONDITIONS

A.1.a. NO WARRANTY BY THE GOVERNMENT

The Contractor acknowledges and agrees that:

The Obsolete Vessel is awarded on an "AS IS, WHERE IS" basis, with no warranty, expressed or implied, at its current fleet mooring site, or in the case of SBRF vessels, at the delivery location at the Shipyard after undocking. The Government makes no guarantees or warranties, express or implied, regarding the condition of any obsolete vessel and does not guarantee, by expression or implication, or the size, tonnage, or other descriptions of the Obsolete Vessel. The Contractor relies solely on its own inspection with respect to the particulars of the Obsolete Vessel. That if Government furnished information is provided to the Contractor in the course of offer preparation, proposal submittal or ship checks, the Government makes no guarantees or warranties that any documentation provided is current, accurate or complete or in any way represents the "AS-IS" condition of the vessel. If a Government estimate of hazardous material/waste is contained in any such documents, the Government does not guarantee the currency, accuracy or completeness of amounts of hazardous material/waste or any other information contained in such document. The Government is not responsible for nor will the Government reimburse the Contractor for any costs the Contractor may incur associated with the disposal of the vessel, including but not limited to, costs associated with the remediation, removal or disposal of hazardous materials/wastes found on the vessel or generated as a result of remediation, dismantling or recycling processes or procedures.

A.1.b. RESTRICTIONS ON THE USE OR SALE OF THE OBSOLETE VESSEL

1) The Contractor is awarded the Obsolete Vessel for the sole purpose of preparing the Obsolete Vessel for inland and ocean towing, towing the Obsolete Vessel to and disposing of the Obsolete Vessel at the Contractor’s facility specified in the Contract.

2) The Contractor shall not at any time operate the Obsolete Vessel, or cause or permit the same to be operated, and shall not carry on the Obsolete Vessel, or cause or permit to be carried on the same, any cargo or passengers for its own account or for the account of others, or use the Obsolete Vessel's hull, superstructures or any part thereof, or cause or permit the same to be used for any commercial purpose whatsoever, while moving the Obsolete Vessel from its present location to the plant or yard at which the Obsolete Vessel is to be disposed of, or at any other time. In the event the Contractor shall at any time operate or use the whole of the Obsolete Vessel’s hull, superstructure, structural components, or portions thereof, or cause or permit same to be operated or used as a means of, or as an aid in, the transporting of passengers or cargo, the Contractor shall pay to the Contracting Officer, as liquidated damages and not as a penalty, in addition to any other sum or sums payable hereunder, the

(Amendment 0002) 30 JulyAug 2013 Page V-5 sum of one thousand dollars ($1,000) for each calendar day such Obsolete Vessel is in operation or use.

3) Restrictions of the Sale of the Obsolete Vessel. The Contractor shall neither sell nor assign any of its rights or obligations hereunder, nor resell the Obsolete Vessel, without the prior written consent of the Contracting Officer. Only resale of the Obsolete Vessel to a facility already qualified under Part I of this solicitation will be considered. For service contracts awarded under the RFQ, the Contractor 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), consistent with paragraph (b) C.6 52.212-4 -- Contract Terms and Conditions -- Commercial Items in PART V.C.

A.1.c. PERFORMANCE BOND.

The Contractor must furnish to the Contracting Officer a performance bond to secure the faithful performance and observance of all the agreements, covenants and conditions to be performed and observed by the Contractor hereunder. The aforesaid bond may be in the form of a United States commercial surety company bond on SF 1418, Performance Bond, U.S. Government securities, irrevocable letter of credit issued by a U.S. citizen financial institution, the written guaranty of the Government of which the Contractor is a National, or other form of United States security satisfactory to the Contracting Officer. Such bond shall be in the amount of $

_____________ [INSERT APPLICABLE AMOUNT PER PART VI. SUPPORTING

DOCUMENTS, SECTION D. PERFORMANCE BOND GUIDELINES.] and shall remain in full force and effect until the Contractor submits the Final Close-Out Report inclusive of the Certificate of Destruction to satisfactorily establish full and complete performance and observance of all the terms and conditions set forth in this Contract and the Contracting Officer accepts that Report in writing.

A.1.d. CONTRACTOR'S GUARANTEE AND INDEMNITY.

1) The Contractor agrees to hold the Government and the Maritime Administration, its officers, employees, agents, attorneys, heirs, successors and assigns free and harmless from and against any and all claims and to indemnify, protect, and defend the Government and MARAD against any claims in excess of the insurance coverage required under the Contract.

2) Contractor Agrees to Hold MARAD Harmless.

The Contractor hereby absolutely, irrevocably and unconditionally guarantees that in the event any claim against MARAD is filed by any governmental unit, national, state or local, or any private party in a qui tam action or otherwise, for any fee, fine, penalty or monetary award, in connection with disposal of the Obsolete Vessel, the Contractor shall promptly take any and all actions needed to ameliorate, defend and pay the fee, fine, penalty or monetary award.

3) No Discharge or Setoff.

(Amendment 0002) 30 JulyAug 2013 Page V-6

The Contractor hereby consents and agrees that its obligations under this Contract will not be discharged by any act or omission by MARAD. Except as expressly authorized in A.3.g.6), B.7.b (for sales contracts only), and FAR Clause 52.212-4(l) Termination for the Government’s Convenience (for service contracts only) the Contract, Aany amount payable by the Contractor hereunder shall not be subject to any reduction by reason of any counterclaim, set-off, deduction, abatement or otherwise.

4) Contractor Responsible for all Costs for Obligations Under this Contract.

The Contractor shall pay all reasonable costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with the enforcement of the obligations of the Contractor under this Contract. It is expressly agreed that the liability of the Contractor for the payment of the obligations guaranteed herein shall be primary and not secondary.

a) This guarantee of payment on the part of Contractor shall:

i. Remain in full force and effect so long as any obligation of the Contractor exists under this Contract;

ii. Be binding upon the Contractor, its successors and assigns;

iii. Be executed and issued for the sole and exclusive benefit of the United States, and no other party shall be permitted to claim any benefit, direct or indirect, there from; and

iv. Inure to the benefit of, and be enforceable by MARAD, its successors and assigns.

A.1.e. CONTRACTOR REPRESENTATIONS

The Contractor represents as follows:

1) The Contractor has full power and authority (corporate, legal and other) to execute, deliver and carry out the terms of this Contract;

2) This Contract has been duly authorized, executed and delivered by the Contractor and constitutes the legal, valid and binding obligation of the Contractor enforceable against the Contractor in accordance with its terms;

3) The execution, delivery and performance by the Contractor of this Contract does not require the approval or consent of its shareholders or of any governmental authority and does not contravene the Contractor's Articles or Certificate of Incorporation or other governing documents, or any mortgage, indenture or other agreement binding upon it, or any law, regulation, order, judgment or decree applicable to the Contractor; and

4) The Contractor has fully adequate financial resources, funds, and assets to satisfy their obligations under this Contract, and the Contractor will in the future retain financial resources, funds, and assets to fully satisfy its obligations under this Contract.

A.1.f. INSURANCE.

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1) Insurance requirements.

The Contractor shall at its expense, provide and maintain the following types of required insurance and minimum coverage throughout the disposal of the Obsolete Vessel:

a) Insurance Certificates for Workmen's Compensation, including Longshoremen & Harbor

Worker's…