ATT3_TNC_RFP.docx

DTMA94Q20130007 tow Suisun bay

ATTACHMENT 2 - TERMS and CONDITIONS Page | 1

Solicitation and are incorporated by reference.

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 the following Internet addresses:

Federal Acquisition Regulations (52.) https://www.acquisition.gov/comp/far/current/html/FARTOCP52.html Transportation Acquisition Regulations (1252.) http://www.dot.gov/ost/m60/tamtar/part1252.htm U.S. Maritime Administration Provisions and Clauses (MCL) https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm 52.204-7 Central Contractor Registration;

52.212-1 Instructions to Offerors-Commercial Items;

52.212-3 Alt I Offeror Representations and Certifications - Commercial Items (Offerors are required to include a completed copy of this provision with their offer or a statement stating that it is available via the ORCA website, http://orca.bpn.gov.)

52.212-4 Contract Terms and Conditions-Commercial Items;

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items; within FAR Clause 52.212-5(b) and (c), the following Items are designed by the Contracting Officer to apply to the solicitation:

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation 52.222-3 Convict Labor, 52.222-19 Child Labor - Cooperation with Authorities and Remedies, 52.222-21 Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 52.222-36 Affirmative Action for Workers with Disabilities 52.225‐3 Buy American Act‐‐Free Trade Agreements‐‐Israeli Trade Act 52.225-13 Restrictions on Certain Foreign Purchases, and 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration 52.222-41 Service Contract Act 52.222-50 Combating Trafficking in Persons 52.215-5 Facsimile Proposals: (757) 322-5858 52.223-18 Contractor Policy to Ban Text Messaging While Driving 52.232-18 Availability of Funds (APR 1984) 1252.223-73 Seat Belt Use Policies and Programs

A. The coverage below shall be in effect while the Vessels are being towed:

1. Tower's Liability - When the Obsolete Vessel(s) is being moved it must have full form tower's liability with the United States of America being named and waived.

Minimum Coverage Requirements: $5 million limit.

2. Hull and Machinery, Minimum Coverage Requirements:

The Contractor shall ensure that any tower of the Vessel(s) shall maintain broad form collision tower's liability with a limit of $5 million. The tower shall also insure each tug performing under this contract with Protection and Indemnity Insurance with a minimum limit of $5 million and Hull & Machinery Insurance covering the value of each tug.

3. Marine Protection and Indemnity (P&I), including, but not limited to, sudden and accidental pollution liability, full collision liability, and removal of wreck. This coverage shall include insurance for damage to third parties however caused arising out of movement of the Obsolete Vessel(s).

Minimum Coverage Requirements: $10 million per occurrence

B. CONFIRMATION FORMS AND INFORMATION

Such policies shall contain a clause statement that there is no recourse against the United States of America for payment of premium. All such insurance shall be subject to the approval of the Division of Marine Insurance and must contain thirty (30) calendar days advance notice of cancellation (without disclaimer) or of any non-renewal which is the option of the insurer, said notice to be provided to the:

U.S. Department of Transportation, Division of Marine Insurance, MAR-575, Room 8117, 1200 New Jersey Ave, S.E., Washington, DC 20590.

The Contractor shall have its insurance broker provide a detailed certificate of insurance, cover note or policy confirming the above required coverages. The confirmation shall name the Contractor as an assured and confirm the types of coverage, policy forms, policy periods, deductibles (if any) and underwriters with their percentage of participation. The N.Y. Suable Clause or Service of Suit USA Clause must be confirmed for any London or other approved foreign underwriter placements. The policy amounts, terms and conditions, deductibles and underwriters shall at all times be satisfactory to the Maritime Administration.

CONTRACT INSURANCE REQUIREMENT:

To the extent provided in clause TOW INSURANCE the Contractor shall indemnify and save and keep harmless the Government against any or all loss, cost, damage, claim, expense or liability whatsoever because of accident or injury to persons or property of others occurring in connection with the operations under this contract. The Contractor shall secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance. Such insurance to specifically include liability assumed by the Contractor under this contract.

Each policy of insurance shall contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor gives written notice of cancellation or change as required to the Contracting Officer. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Administrative Contracting Officer's prior approval.

A certificate of each policy of insurance shall be furnished to the Contracting Officer upon notice of award certifying, among other things, that the policy contains the aforesaid endorsement. The insurance companies providing the above insurance shall be satisfactory to the Government. Notices of policy changes shall be furnished to the Contracting Officer.

The contractor shall provide at the Contractor's expense, upon 2 work days after notification by the Contracting Officer a copy of all original insurance policies. These may be sent by mail or facsimile machine.

B. CONFIRMATION FORMS AND INFORMATION

Such policies shall contain a clause statement that there is no recourse against the United States of America for payment of premium. All insurance shall be subject to the approval of the Director, Office of Subsidy and Insurance, Maritime Administration, and must contain a thirty (30) calendar days advance notice of cancellation (without disclaimer) or of any nonrenewable which is the option of the insurer, said notice to be provided to the Contracting Officer and COTR.

The Contractor shall have its insurance broker provide a detailed certificate of insurance, cover note or policy confirming the above required coverages. The confirmation shall name the Contractor as an assured and confirm the types of coverage, policy forms, policy periods, deductibles (if any) and underwriters with their percentage of participation. The N.Y. Suable Clause or Service of Suit USA Clause must be confirmed for any London or other approved foreign underwriter placements. The policy amounts, terms and conditions, deductibles and underwriters shall at all times be satisfactory to the Maritime Administration.

MCL.L-2 Agency Protests

52.212-2 EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(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

PROPOSAL SUBMISSION INSTRUCTIONS

In additional to the referenced 52.212-1 Instructions to Offerors-Commercial Items, offerors shall provide the following information to establish the Technical Acceptability and Satisfactory Past Performance for their proposal.

1. Technical Acceptability

a. license

BASIS FOR AWARD

Award will be made to the technically acceptable offeror and whose offer, conforming to the solicitation, with the offer being the low price.

52.233-2 Service of Protest (Sept 2006)

(a) Protests, as defined in section 31.101 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 (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Ms. Kathryn rato Contracting Officer 201 Mission Street, Suite 1800 San Francisco, CA 94105

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

APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION: The Service Contact Act wage determination applicable to this requirement the wage determination solono Co. . go to DOL wage determination web site.