Final_DTMA92Q1600018_CombinedSynSol.pdf

This is a COMBINED SYNOPSIS/SOLICITATION for commercial service 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 small business set-aside in accordance with FAR Subpart 13.5 – Test Program for Certain Commercial Items. 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 DTMA92Q1600018. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-87-1 effective 16 March 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/. Full text of the U.S. Maritime Administration Provisions and Clauses (MCL) can be found at: https://voa.marad.dot.gov/Solicitation_Awards/docs/mar- 380/MARAD%20Clauses%20MCL%20for%20HTML.htm. The NAICS code is 336611 and the Small Business Standard is 1250 employees.

The U.S. Maritime Administration (MARAD), Norfolk, VA intends to award a firm fixed price purchase order for service and material to perform the FY16 Drydock services on the Training Ship Empire State located at the SUNY Maritime College, 6 Pennyfield Ave, Bronx, NY 10465 for a period beginning September 1, 2016 through November 15, 2016 in accordance with the technical specifications work statement - Attachment 1. Attachment 2 is the Harding drawing and attachment 3 is the vendor pricing sheet.

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/?q=browsefar

52.204-7 System for Award Management (SAM’s) (Jul 2013) 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 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.

SOLICITATION DTMA92Q1600018 TRAINING SHIP EMPIRE STATE FY16 DRYDOCK

PROVISIONS AND CLAUSES

(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 o has not o , 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.

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

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

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

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

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

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

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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 and past performance, when combined, are approximately equal to 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 (Mar 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.

52.219-1 Small Business Program Representations (Oct 2014) (Quoters 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— It ( ) has, ( ) has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

It ( ) has, ( ) has not filed all required compliance reports; and 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. Tina M. Gillespie-Lucas Contracting Officer, US Department of Transportation, Maritime Administration Building 19, Suite 300 7737 Hampton Blvd Norfolk, VA 23505

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

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 2014) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items.

(Mar 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)).

__ (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.

__ (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—Subcon-tracting 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).

__ (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 items.)

__ (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)(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.

__ (37)(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.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(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.

__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

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

__ (42)(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.

__ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 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).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(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:

[Contracting Officer check as appropriate.] __ (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).

__ (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).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

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

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

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

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

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

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

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

(xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xii) 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).

(xiii) 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).

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

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 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).

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

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

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause) 52.222-49 Service Contract Labor Standards—Place of Performance Unknown (May 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION: The Service Contact Act wage determination applicable to this requirement, depending on the dry dock location, is available online at the following address:

http://www.wdol.gov/wdol/scafiles/std/15-4187.txt?v=2 Bronx, NY, http://www.wdol.gov/wdol/scafiles/std/15-2451.txt?v=2 Erie, PA http://www.wdol.gov/wdol/scafiles/std/05-2449.txt?v=17 Philadelphia, PA http://www.wdol.gov/wdol/scafiles/std/05-3027.txt?v=16 Fairfield, CT http://www.wdol.gov/wdol/scafiles/std/15-4183.txt?v=1 Passaic county, NJ http://www.wdol.gov/wdol/scafiles/std/15-4341.txt?v=2 Norfolk, VA

The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by 1630 on 13 May 2016.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

52.232-18 Availability of Funds (Apr 94) 52.232-23 Assignment of Claims (May 2014)

The following Maritime Administration (MCL) apply to this requirement

MCL.E.-1 Delegation of Inspection and Acceptance (Aug 2005) MCL.F-3 Dry-Docking and Berthing (Aug 2005) MCL.G-2 Schedules and Schedule Updates for Ship Repair (Aug 2005) MCL.H-2 Supplemental Work Requests (Subparagraph (d)(10) is $5,000.00) (Aug 2005) MCL.H-3 Indemnity and Insurance (Aug 2005) MCL.H.4 Indemnity and Insurance (Additional) (All limits up to $5,000,000.00 are revised to $1,000,000.00 for this solicitation) (Aug 2005) MCL.H-6 Standards of Employee Conduct (Aug 2005) MCL.H-7 Environmental Concerns/Asbestos Related/Hazardous Materials/Petroleum and Petroleum Products:

Environmental Compliance (Aug 2005) MCL.H-10 Supplemental Growth Requirements (Aug 2005) MCL.H-11 Disposition of Removed Equipment and Scrap (Aug 2005) MCL.H-12 Maritime Liens, No Authority to Incur (Aug 2005) MCL.L-2 Agency Protests (Aug 2005)

Full text of the above solicitation provision and clauses can be found at:

https://voa.marad.dot.gov/Solicitation_Awards/docs/mar- 380/MARAD%20Clauses%20MCL%20for%20HTML.htm

SHIP CHECK – SITE VISIT

A site visit will be conducted onboard the T.S. Empire State on Monday April 25 at 0930 located at SUNY Maritime College, 6 Pennyfield Ave., Bronx, NY 10465. The point of contact will be Leon Suty, Marine Surveyor, US DOT

– MARAD, Division of Atlantic Operations, New York office located at One Bowling Green, Room 418, New York, NY 10004. He can be reached at is office, number is 212-668-3338, mobile number 202-236-0580 or via e-mail at leon.suty@dot.gov . All firms planning to submit a quote should plan on attending the site visit. In order to make the site visit as productive as possible, quoters are requested to submit any questions from the review of the solicitation package or as a result of visiting the site in writing via e-mail to the Contracting Officer, Tina Gillespie- Lucas via e-mail at tina.gillespielucas@dot.gov . Responses to the questions will be answered in the form of an amendment to this solicitation and published to FEDBIZOPPS. The cut-off date for questions related to this solicitation is Monday, 20 May 2016 at 1630.

QUOTATION SUBMISSION INSTRUCTIONS: In addition to the referenced provision 52.212-1, Instructions to Offeror – Commercial Items, quoters shall provide the following information.

1. Technical

A. Provide a Gantt chart or similar illustrating your proposed project schedule for the drydock availability with start and finish dates for the individual work items. The availability window must start on or after 9/1/2016 and end on or before 11/15/2016. Indicate workforce numbers and classifications throughout the period of performance.

B. Provide a listing of subcontractors who are expected to provide services onboard TS Empire State at a subcontract price equal to or great than $10,000. Include the name of the company and their address.

C. Provide a technical approach narrative addressing how the individual work items will be accomplished.

The narrative shall not exceed six (6) 8 ½ x 11 single sided typewritten pages using Times New Roman Font, 10 pitch.

D. Provide a listing of key personnel who are expected to be utilized during the availability and their resumes. Example of key personnel: Ship Superintendent, Quality Assurance Manager, Sub-contractor Superintendent, etc. and provide organization chart for the shipyard.

2. Past Performance

A. Provide a listing of drydocking work completed within the past 3 years involving vessels of similar characteristics to those of the TS Empire State or larger (e.g., commercial , Navy, Coast Guard and MARAD Ready Reserve Force Vessels).

B. Include with the listing contact information for the owner/operator of the vessel and/or the Contracting Officer for Public Vessels.

C. Provide contract total value and contract type.

3. Certifications - Provide a certification by a recognized third party (other than the owner/operator) for the drydock and crane to be used during the availability. The certification shall address that the drydock and crane are safe to use and in good working condition. The third party organization shall have at a minimum, 20 years of experience inspecting and certifying the equipment being inspected and/or licensed by the state the equipment is located.

4. Price – Complete pricing using the vendor pricing sheet - Attachment 2 as stated below.

For sections 100, 200 & 300, quoter shall provide a firm fixed price, in accordance with the statement of work, and place the total firm fixed price in the column entitled “Total Price”. The “N/A” in section 100 total price column will not require a quoted price. In addition, the quoter shall provide a total sum of the prices in the rows entitled “section 100 total, section 200 total, section 300 total and section 400 total”.

For Section 300, Optional Items, quoter shall provide pricing as follows:

Items 301 – 305 are various options that the quoter may select for transporting the vessel to the drydock location. The quoter shall provide a firm fixed price in the column entitled “total price” Item 306- Supplemental Labor – This is an optional CLIN and the Government has authorized a not to exceed amount of 4000 hours. The quoter shall provide their hourly labor rate in the column entitled “Rate” and the price consisting of the total amount of hours X the labor rate in the column entitled “Total Price”.

Item 307 – Supplemental Material – This is an optional CLIN and the Government has authorized a not to exceed amount of $300,000.00. The quoter doesn’t need to provide a material cost for this line item.

Item 308 – Supplemental Steel – This is an optional CLIN.

For item 308AA, the quoter shall provide a unit price in the column entitled “unit” X

10,000lbs for a total in the “total price column” for the flat steel.

For item 308AB, the quoter shall provide a unit price in the column entitled “unit” X

10,000lbs for a total in the “total price column” for the rolled steel.

For item 308AC, the quoter shall provide a firm fixed price in the column entitled “total price” to weld 20 rivets For item 308AD, the quoter shall provide a firm fixed price in the column entitled “total price” to renew 20 rivets For item 308AE, the quoter shall provide a firm fixed price in the column entitled “total price” to prep and re-weld 100’ of external hull seams Item 309 – Audio Gaugings – This is an optional CLIN. The quoter shall provide a firm fixed price in the column entitled “total price”. In accordance with the statement of work, the gauging reading will be based on 15000 readings (shots).

In addition to the pricing above, in the section entitled “grand total section”, the quoter shall provide the total amounts for sections 100, 200, 300 and 400 and annotate in the column entitled “total”. In the column entitled “grand total”, the quoter shall provide the grand total requested to complete this service.

EVALUATION FACTORS: The factors listed below shall be used to evaluate quotes. Non-price factors will be evaluated on an acceptable/unacceptable basis:

1. Technical Acceptability - Technical information will be evaluated to determine if the quoter’s technical approach, schedule, subcontractors, and key personnel are sufficient to meet the requirements described in the Statement of Work.

2. Certifications – Certifications will be evaluated to determine if the quoter’s drydock and crane are safe to use and in good working condition.

3. Past Performance - Past performance information will be evaluated to determine the quoter’s ability to perform the contract successfully and degree of performance risk associated with a quoter. MARAD will use its discretion to determine the sources of past performance information, and the information may be obtained from references provided, MARAD’s knowledge of contractor performance, other government agencies or commercial entities, or past performance databases. A quoter with no past performance for drydocking work completed within the past 3 years involving vessels of similar characteristics of those of the TS Empire State or larger will be evaluated as acceptable.

4. Price - Total evaluated price will be the sum of quotes for all contract line items, including optional items.

BASIS FOR AWARD – The Government plans to evaluate quotes and make award without conducting discussions. Quoters may be given the opportunity to clarify certain aspects of their quote or resolve minor or clerical errors. Award will be made to the responsible quoter with the lowest total evaluated price whose quote is acceptable for all non-price evaluation factors.

Responsible sources shall provide the following:

1. Attachment 3 – Completed vendor pricing sheet including the information regarding company information

2. Required responses to the FAR provisions of 52.209-7(b), 52.222-22 and 52.222-25(a) or (b)

3. Provide all information as requested in the QUOTATION SUBMISSION INSTRUCTIONS.

4. Prompt Payment Terms

Responses to this solicitation are due not later than June 10, 2016 at 4:30 p.m. Eastern Standard Time.

NOTE: LATE QUOTATION MAY NOT BE CONSIDERED FOR EVALUATION. Quotes may be emailed to tina.gillespielucas@dot.gov (preferred method) or faxed to 757-322-5858 Attn: Tina Gillespie-Lucas. PLEASE REFERENCE THE SOLICITATION NUMBER OF DTMA92Q1600018 on the quote.

INVOICE SUBMISSION INSTRUCTIONS – MARAD

The Contractor may submit invoices in either electronic or paper format. Electronic submission is preferred.

(1) Electronic invoices shall be addressed to MARADInvoices@faa.gov, with copy to MARADSARInvoices@dot.gov

Electronic invoices shall conform to the following criteria, or be subject to rejection:

a. Invoice and supporting documentation shall be in Adobe Acrobat (pdf) format.

b. The e-mail subject shall include the contract/purchase order number and invoice number.

c. The transmitting e-mail shall include the following information: Name of the Contractor; Invoice date and number; Invoice amount; Contract number and, if applicable, the order or modification number; Terms of any discount for prompt payment offered; Payment instructions (i.e., financial institution, ABA routing #, account #)

(2) Paper invoices shall be submitted to one of the following addresses. Multiple copies are not required.

MARAD A/P SAR Invoices Branch

AMZ-160

PO Box 25710 Oklahoma City, OK 73125

If a street address is required for delivery (i.e., Federal Express), the following address may be used in lieu of the post office box:

MARAD A/P SAR Invoices Branch

AMZ-160

6500 S MacArthur Blvd.

Oklahoma City, OK 73169

ATTENTION: Minority, Women-Owned, and Disadvantaged Business Enterprises (DBEs). The Department of Transportation (DOT), Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts. Maximum line of credit is $750,000 with interest at the prime rate, as published daily in the Wall Street Journal, plus 1.75 percent. For further information, call (800) 532-1169 or e-mail stlpinfo@dot.gov.