EA-133M-18-RP-01771.pdf

SOLICITATION, OFFER AND AWARD

1. This Contract is a Rated Order Under

DPAS (15 CFR 700)

Rating Page of pages 1 39

2. Contract No. 3. Solicitation No. 4. Solicitation Type 5. Date Issued 6. Requisition/Purchase No.

EA-133M-18-RP-01771

Sealed Bid (IFB) 07/18/2018 X Negotiated (RFP)

7. Issued By Code AJ930073 8. Address Offer To (If other than item 7) Department of Commerce/NOAA Eastern Region Acquisition Division (ERAD) 200 Granby Street, 8th Floor Norfolk, Virginia 23510-1811 NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in 200 Granby Street, Norfolk, VA 23510 until 12:00 p.m. (hour) local time August 17, 2018 CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. For Information Call:

A. Name B. Telephone No. (NO COLLECT CALLS) C. E-Mail Address Alex Cooper (757) 441-3409 alexander.cooper@noaa.gov

11. TABLE OF CONTENTS

(x) Sec Description Page(s) (x) Sec Description Page(s) Part I – The Schedule Part II – Contract Clauses X A Solicitation/Contract Form/Table of Contents 1 X I Contract Clauses 21-25 X B Supplies or Services and Prices/Costs 2-4 Part III – List of Documents, Exhibits and Other Attachments X C Description/Specs./Work Statement 5 X J List of Attachments 26-27 X D Packaging and Marking 6 Part IV – Representations and Instructions X E Inspection and Acceptance 7 X K Representations, Certifications and Other Statements of Offerors 28-33 X F Deliveries or Performance 8 X G Contract Administration Data 9-10 X L Instr., Conds., and Notices to Offerors 34-37

X H Special Contract Requirements 11-20 X M Evaluation Factors for Award 38-39 OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within _______________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the data for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. Discount for Prompt Payment (See Section I, Clause No. 52.232-8)

10 Calendar Days 20 Calendar Days 30 Calendar Days _____ Calendar Days

14. Acknowledgment of Amendments The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated.

Amendment No. Date Amendment No. Date

15A. Name Code Facility 16. Name and Title of Person Authorized to Sign Offer (Type or print) and

Address of Offeror 15B. Telephone No. (Include area code) 15C. Check if Remittance Address is different from above. Enter such address in Schedule.

17. Signature 18. Offer Date

AWARD (To be completed by Government)

19. Accepted as to Items Numbered 20. Amount 21. Accounting and Appropriation

22. Authority for Using Other Than Full and Open Competition: 23. Submit Invoices to Address Shown in Item

10 U.S.C. 2304 (c)( ) 41 U.S.C. 253 (c)( ) (4 copies unless otherwise specified)

24. Administered By (If other than Item 7) Code Payment Will be Made By Code

26. Name of Contracting Officer (Type or print) 27. United States of America (Signature of Contracting Officer) 28. Award Date

IMPORTANT – Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97) Prescribed by GSA – FAR (48 CFR) 52.214 (c)

SECTION B

SUPPLIES OR SERVICES AND PRICES

EA-133M-18-RP-01771

Page - 2

B.1 SCHEDULE OF PRICES

BASE ITEMS

CLIN

SPECIFICATION WORK ITEM TITLE QTY UNIT

UNIT

PRICE

EXTENDED

PRICE

Misc. Steel Repairs

JOB

Engine Overhaul

JOB

Misc. Valves and Piping Repairs

JOB

Misc. Electrical Repairs

JOB

Misc. HVAC Repairs

JOB

Fire Fighting Systems Certification

JOB

Annual Lifesaving Equipment Inspections

JOB

Cargo Lift Maintenance and Testing

JOB

Door Renewals and Maintenance

JOB

Temporary Services

JOB

0011 Generator Vibration Mount Renewals

JOB

0012 Generator Controls Upgrade (RESERVED)

JOB

0013 Fire Detection System Renewal

JOB

0014 Fire Damper Renewals

JOB

0015 Heavy Lift Cranes Refurbishment

JOB

0016 Staging Bay Roller Door Renewal

JOB

0017 Bridge Window Wiper Renewals

JOB

SUBTOTAL CLINS 0001 – 0017: $ _____

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ADDITIONAL ITEM REQUIREMENTS (AIRs): These items relate to Growth Work. The Unit Price column will be used throughout the life of the contract if growth work is added to the scope of the contract [reference Commerce Acquisition Regulation (CAR) clause 1352.271-72]. If AIRs are issued, these items will be awarded at the quantities needed via a contract modification. The quantity shown is an estimate only and may be exceeded at the unit prices offered.

0018 N/A

AIRS/Growth (estimated)

**Provide breakdown, as follows:

AIRs/Growth Labor Rate Unit Price: $ _____; Quantity: 1,800 Unit of Issue:

Hour; Extended Price: $ ______

AIRs/Growth Material Markup/Handling Fee Unit Price: $200,000.00; Quantity: _1_; Unit of Issue: Percent %;

Extended Price: $200,000.00 + percentage quoted]:

1 LT

0019 N/A LAYDAYS (SEE CAR CLAUSE 1372.271-86)

EST.

DAY

0020 N/A ADDITIONAL TEMPORARY SERVICES (SEE

CAR CLAUSE 1372.271-89)

EST.

DAY

SUBTOTAL CLINS 0018 – 0020: $ _______

OPTIONAL

ITEMS SPECIFICATION WORK ITEM TITLE

QTY UNIT UNIT

PRICE

EXTENDED

PRICE

0021 Weather Deck. Pres. 1 JOB

SUBTOTAL CLIN 0021: $

Page - 4

B.2 SPECIFICS:

1. The contractor shall perform all work in accordance with the specification titled, “NOAA SHIP RONALD H. BROWN. (R-104) FY’ 18 Dock Side Work Package REVISION “-”” (See Section J).

2. The Government anticipates award of all Base Items.

3. The successful offeror shall furnish an insurance certificate within five (5) days after award of a contract in accordance with Commerican Acquisition Regulatino (CAR) Clauses 1352.271-79, Liability and Insurance, and CAR 1352.271-90, Insurance Requirements.

4. The NOAA Ship RONALD H. BROWN’S home port is located in CHARLESTON, SC. The PLACE OF PERFORMANCE for the work specified herein shall be the CONTRACTOR’s FACILITY. The prime contractor must own their own facility.

5. This is a Request for Proposals (RFP). See Sections L and M, respectively, for instructions for submission of offers and the evaluation factors for award.

6. This acquisition is being solicited on an unrestricted basis. The applicable NAICS code is 336611, which has a corresponding size standard of 1,250 employees.

7. Federal Acquisition Regulation (FAR), CAR, and NOAA Acquisition and Grants Office (AGO) or Eastern Region Acquisition Division (ERAD) provisions and clauses that are included in this solicitation are annotated by the applicable acronym.

END OF SECTION B

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Page - 5

SECTION C

C.1 NOAA/ERAD -- STATEMENT OF WORK/SPECIFICATIONS (APR 2010)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work/Specifications referenced as an attachment in Part III – List of Documents, Exhibits, and Other Attachments, Section J, Attachment J.1. “The Specifications and Drawings” contained in Section J (whether by attachment or otherwise) are incorporated by reference herein at Statement of Work (SOW) Section C.1, as if fully set forth below.”

(End of clause)

END OF SECTION C

SECTION D

PACKAGING AND MARKING

Page - 6

SECTION D

There are no clauses for this section.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

Page - 7

SECTION E

E.1 FAR 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

E.2 FAR 52.246-4 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

E.3 FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

E.4 CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be on board the NOAA Ship RONALD H.

BROWN.

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

Page - 8

SECTION F

F.1 FAR 52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 FAR 52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $9,130.08 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.

(End of clause)

F.4 CAR 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The period of performance for work to be conducted on board NOAA ship RONALD H. BROWN will be 93 calendar days, beginning October 23, 2018 through January 23, 2019, not including the ship’s transit time from its homeport in Charleston, SC to and from the contractor’s facility. Anticipated award date and Notice to Proceed is on or about September 7, 2018.

(b) The NTP may be issued orally, by e-mail, or in writing by the Contracting Officer after receipt of the Contractor's Performance and Payment bonds and insurance certificate. In no event will a delay in providing the bonds and insurance certificate constitute a waiver of the completion date. Oral notification will be confirmed in writing by the Contracting Officer.

F.5 CONTRACT DELIVERABLES

ITEM DESCRIPTION QTY DUE DATE DELIVER

TO REFERENCE

1 Insurance Certificate 1 Within 5 days of contract award

See Block #7 of SF33

CAR clause 1352.271-79 and CAR clause 1352.271-

Specification Deliverables (List Not Inclusive)

Various See SOW/Specification COR Specification

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

Page - 9

G.1 CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2 CAR 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (COR)(APR 2010)

(a) (TBD) is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

(TBD)

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

G.3 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the Contractor:

- Engine Lube Oil and Jacket Water

- Two (2) each plate heat exchangers. Ameridex Plate Exchanger, Model X-05.

- Battery Charger, LaMarche A41F-30-24V-A1-12LR-10055– $2,800

- Fiberglass battery stowage boxes, two each - $500

- Five (5)each Class A fire doors with frames. - $24,000

- Six (6) each damper Assemblies - $30,000

- One each 6 ft. x 15 ft. stainless steel roller door, chain operated. $15,000

- One each 10 ft. x 15 ft. stainless steel roller door, chain operated $18,000

- Wyn Type C Single Bladed Straight Line Marine Window Wiper Assemblies, 18 Each. $125,000

The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract.

G.4 CAR 1352.271-71 METHOD OF PAYMENT AND INVOICING INSTRUCTIONS FOR SHIP

REPAIR (APR 2010)

CONTRACT ADMINISTRATION DATA

Page - 10

(a) The Government will make payment under this contract based on a percentage of completion. The contractor may invoice for the percentage completed for each work item as work progresses. The amount invoiced shall be calculated based on prices stated in the Schedule, as follows: A work item may not be invoiced until the percentage complete reaches 25 percent. Future invoices for that work item have no limitation as to the percentage of completion required before invoicing, but in no event may invoices be submitted more frequently than every 2 weeks, or for amounts less than $10,000, unless it is the final payment. The minimum percentage of completion (25%) to be reached prior to billing each work item may be waived by the Contracting Officer for large dollar work items on a case-by-case basis.

(b) Invoices submitted by the contractor which are deemed not proper, in accordance with FAR 52.232-25, will be returned. Invoices shall include:

(1) Name and Address of the contractor;

(2) DUNS Number;

(3) Invoice Date;

(4) Contract Number/Modification Number;

(5) CLIN/Work Item Number, to include: Description, Quantity, Unit of Measure, Unit Price and Extended Price;

(6) Shipping and Payment Terms; and,

(7) Contractor Point of Contact, including: Name, Title, Phone Number, and Mailing Address;

(8) The percentage of completion for each CLIN/work item identified;

(9) Name of the Contracting Officer;

(10) Ship name;

(11) The overall percentage and dollar amount previously billed, currently billed and unbilled.

(c) When invoicing for changed work, the contractor shall identify it as a contract change and shall identify the modification authorizing the change, and the CLIN/Work Item associated with the change.

(d) All items of work invoiced under this contract will be verified and confirmed by the Contracting Officer's Representative as accurate and complete and approved by the designated billing office before payment will be made.

(e) Invoices may be submitted electronically to the COR at kenyon.zitzka@noaa.gov or by mail to the following address:

Department of Commerce

NOAA/OMAO/MOCA

1050 Register St.

Charlteston, SC 29405

The contractor shall simultaneously mail a hard copy of the invoice to:

DOC, NOAA, EAD

200 Granby Street, Suite 815 Norfolk, VA 23510

Payment will be made by the Department of Commerce/NOAA Finance Systems Admin Branch/Rm. 1204, 20020 Century Blvd., Germantown, MD 20874.

(f) The contractor's final invoice submitted under the contract must be marked as follows: “THIS INVOICE

CONSTITUTES THE FINAL INVOICE - UPON PAYMENT OF THIS INVOICE NO OTHER MONIES

ARE DUE UNDER CONTRACT NUMBER (to be assigned at contract award)."

Note: Electronic submission of invoices and associated documentation via e-mail and/or fax is authorized and encouraged.

END OF SECTION G

mailto:kenyon.zitzka@noaa.gov

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Page - 11

DEPARTMENT OF COMMERCE (DOC) ACQUISITION REGULATION (CAR) 48 CFR

CHAPTER 13 CLAUSES

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 address: http://www.gpo.gov

(End of Clause)

H.1 CAR 1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

H.2 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

H.3 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

H.4 CAR 1352.237-73 FOREIGN NATIONAL VISITOR AND GUEST ACCESS TO

DEPARTMENTAL RESOURCES (APR 2010)

H.5 CAR 1352.271-70 INSPECTION AND MANNER OF DOING WORK (APR 2010)

H.6 CAR 1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010)

H.7 CAR 1352.271-77 DELAYS (APR 2010)

H.8 CAR 1352.271-78 MINIMIZATION OF DELAY DUE TO GOVERNMENT FURNISHED

PROPERTY (APR 2010)

H.9 CAR 1352.271-79 LIABILITY AND INSURANCE (APR 2010)

H.10 CAR 1352.271-80 TITLE (APR 2010)

H.11 CAR 1352.271-81 DISCHARGE OF LIENS (APR 2010)

H.12 CAR 1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND

HEALTH STANDARDS FOR SHIP REPAIR (APR 2010)

H.13 CAR 1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL

(APR 2010)

H.14 CAR 1352.271-84 ACCESS TO THE VESSEL (APR 2010)

H.15 CAR 1352.271-85 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT

(APR 2010)

H.16 CAR 1352.271-86 LAY DAYS (APR 2010)

H.17 CAR 1352.271-87 CHANGES – SHIP REPAIR (APR 2010)

H.18 CAR 1352.271-89 TEMPORARY SERVICES (APR 2010)

http://www.gpo.gov/

Page - 12

H.19 CAR 1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK (APR

2010)

(a) This clause applies to Additional Item Requirements (AIR), also known as growth and emergent work ordered by the Contracting Officer pursuant to the Changes - Ship Repair clause or mutually agreed upon by the parties. The contractor shall perform AIR at the labor billing rates designated in the Schedule, as described in paragraph (c) of this clause. The AIR handling fee designated in the Schedule shall be the sole fee used for direct material purchases and subcontractor handling. The estimated quantity of labor hours and handling fees represent the Government's best estimate for growth that may be required throughout the contract performance period. All growth work shall be paid at the prices stated in the Schedule.

(b) The contractor shall take into account the potential for ordering all estimated AIR quantities in developing the Production Schedule. The ordering of any portion of the AIR quantities does not in itself warrant an extension to the original contract completion date; however, for planning purposes, the Government anticipates ordering AIR in accordance with the following schedule:

(1) No more than 75% of the hours during the first half of the contract period of performance.

(2) No more than 50% of the hours during the third quarter of the contract period of performance.

(3) No more than 30% of the hours during the fourth quarter of the contract period of performance.

(c) The AIR labor rate shall be a flat, hourly rate to cover the entire effort and shall be burdened to include:

(1) Direct production labor hour functions only. Direct production labor hours are hours of skilled labor at the journeyman level expended in direct production. Direct production is defined as work performed by a qualified craftsman that is directly related to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. The following functions are identified as direct production: Abrasive Cleaning/Water Blasting, Tank Cleaning, Welding, Burning, Brazing, Blacksmithing, Machining (inside and outside), Carpentry, Electrical/Electronic Work, Crane Operation, Shipfitting, Lagging/Insulating, Painting, Boilermaking, Pipe Fitting, Engineering (Production), Sheetmetal Work, Staging/Scaffolding, and Rigging.

(2) Non-production labor hours (whether charged directly or indirectly by contractor's accounting system) shall be for labor in support of production functions. For purposes of this clause, support functions are defined as functions that do not directly contribute to the alteration, modification, or repair of the item or system identified as needing alteration, modification, or repair. Necessary support functions should be priced into the burdened rate for production labor hours. Examples of support functions include: Testing, Quality Assurance (inspection), Engineering (support), Planning (including involvement of craft foreman/journeyman in planning a task), Estimating (including determination of necessary materials and equipment needed to perform a task), Material Handling, Set-up (moving tools and equipment from shop to ship to perform a task), Fire Watch, General Labor (including general support of journeyman tasks), Cleaning (including debris pickup and removal), Surveying, Security, Transportation, Supervision, and Lofting (sail/pattern making).

(d) Additional Item Requirements do not include replacement work performed pursuant to the Inspection and Manner of Doing Work or Guarantees clauses.

(e) It is the Government's intention to award any growth work identified during the repair to the contractor, if a fair and reasonable price can be negotiated for such work, based upon Schedule rates. If a fair and reasonable price cannot be negotiated, the Government may, at its discretion, obtain services outside of the contract. Such services may be performed while the ship is undergoing repair in the contractor's facility pursuant to the Access to Vessels clause.

(f) The contractor shall submit to the Contracting Officer the following information in all AIR proposals:

(1) Number of labor hours estimated; broken down by specific direct production labor category.

(2) Material estimates, individually broken out and priced. When requested by the Contracting Officer, material quotes shall be provided.

(3) Subcontractor estimates, individually broken out and priced along with the actual subcontractor quotes.

The requirement to submit subcontractor quotes may be waived if deemed appropriate by the Contracting Officer.

(4) Material/subcontractor handling fee and the basis for the fee.

(g) The contractor shall not be entitled to payment for any hours ordered pursuant to this clause until such time as a written contract modification is executed.

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H.20 CAR 1352.271-73 SCHEDULE OF WORK (APR 2010)

(a) Notwithstanding other requirements specified in this contract, the contractor shall provide to the Contracting Officer and COR the following documents within five (5) working days of the vessel's arrival at the contractor's facility:

(1) Production Schedule

(2) Work Package Network

(3) Total Manpower Loading Curve

(4) Trade Manning Curves

(5) Subcontracting List

(b) The Production Schedule shall list the earliest, latest, and scheduled start and completion date for each work item awarded and shall identify the critical path. The Work Package Network shall show the work items, milestones, key events, and activities and shall clearly identify the critical path. The Total Manpower Loading Curve shall show the required manning for the duration of the contract. The Trade Manning Curves shall show the required manning for each trade for the duration of the contract. The Subcontracting List shall show work items, milestones, key events, and activities to be accomplished by subcontractors.

(c) Additional Item Requirements ordered and agreed upon, whether or not yet formalized via a change order (contract modification), shall be added to the Production Schedule, Trade Manning Curves, and Subcontracting List and submitted to the Contracting Officer and COR at each weekly Progress Meeting. Any anticipated or unanticipated deviation (greater than five (5) calendar days) from the Production Schedule shall be immediately brought to the attention of the Contracting Officer and COR.

(d) Any unauthorized deviation in the Production Schedule which results in a delay in the completion of work on a vessel past the established performance period completion date may entitle the Government to remedies for late performance, including, but not limited to, liquidated damages.

(End of clause)

H.21 CAR 1352.271-74 Foreseeable cost factors pertaining to different shipyard locations. (APR 2010)

(a) The Contracting Officer will evaluate certain foreseeable costs that will vary with the location of the commercial shipyard to be used by bidders/offerors under this solicitation. Costs will be calculated based on the bidder's/offeror's shipyard location and these costs will be added, for the purposes of evaluation only, to the bidder's/offeror's overall price.

(b) These elements of foreseeable costs consist of the following:

(1) Vessel Transit: (i) Vessel delivery costs will be based on one round trip from the vessel's homeport of North Charleston, SC to the contractor's facility at a cruising speed of 10 knots. Distances will be based on the NOAA publication, “Distance Between U.S. Ports”.

(ii) Daily vessel operational cost to navigate the vessel between its homeport and the contractor's offered place of performance is $11,873.63 per day. The number of days to transit to the contractor's offered place of performance from the vessel's homeport will be multiplied by the per-day operational cost.

(iii) No operational costs will be applied if the ship can be delivered to the contractor's facility from its homeport within eight (8) hours port-to-port. If the delivery time exceeds eight (8) hours, but is less than 24 hours, it will be considered one full day. Any fraction of subsequent day(s) will be considered as a full day.

(2) Shore Leave Costs: If the contractor's facility is outside of a 50-mile radius of the vessel's homeport—

(i) An assessment of $75,000.00 for each 15-day period or portion thereof, beginning with the vessel's departure from the homeport and concluding with the vessel's return to homeport.

Page - 14

(ii) There will be an additional transportation cost for seventeen (17) vessel crew members for one (1) round trip(s) between the contractor's offered place of performance and the vessel's homeport at the cost of coach-type airfare.

(3) Travel and Per Diem Costs: If the contractor's facility is outside of a 50-mile radius of the vessel's homeport—

(i) There will be a transportation cost for one (1) Contracting Officer's Representative (COR) for six (6) round trip(s) between the contractor's offered place of performance and the COR's official duty station at the cost of coach-type airfare.

(ii) There will be a per diem expense for sixty (60) calendar days to support one (1) COR while in the city of the place of contract performance, to be determined in accordance with the Joint Federal Travel Regulations (JFTR). The cost of car rental for the estimated performance period will also be included.

(iii) There will be a transportation cost for one (1) Contracting Officer for three (3) round trip(s) between the Contracting Officer's official duty station and the contractor's offered place of performance at the cost of coach-type airfare, plus per diem expenses and a rental car.

H.22 CAR 1352.271-76 PERFORMANCE (APR 2010)

(a) The contractor shall not commence work until a notice to proceed has been issued by the Contracting Officer.

(b) The Government shall deliver the vessel described in the contract at such time and location as may be specified in the contract. Upon completion of the work, the Government shall accept delivery of the vessel at such time and location as may be specified in the contract.

(c) Without additional charge to the Government, and without specific requirement in the contract, the contractor shall:

(1) Make available, at the facility, to personnel of the vessel, sanitary facilities adequate for the number of personnel using them and acceptable to the Contracting Officer;

(2) Supply and maintain, in such condition as the Contracting Officer may reasonably require, suitable brows and gangways from the pier, dock or marine railway to the vessel;

(3) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the contractor of any of the vessel's machinery, equipment or fittings, including, but not limited to, winches, pumps, riggings, or pipe lines; and

(4) Furnish suitable offices, office equipment and telephones at or near the site of the work as the Contracting Officer reasonably requires for personnel designated by the Government.

(d) Except as otherwise provided in the contract, the contractor shall furnish all necessary material, labor, supervision, services, equipment, tools, supplies, power, accessories, facilities, and other things and services necessary for accomplishing the work.

(e) The contractor shall conduct dock and sea trials of the vessel as required by the contract. Unless otherwise expressly provided in the contract, during the conduct of these trials the vessel shall be under the control of the vessel's commander and crew with representatives of the contractor and the Government on board to determine whether the work provided by the contractor has been satisfactorily performed. Dock and sea trials not specified which the contractor requires for its own benefit shall not be undertaken by the contractor without prior notice to and approval of the Contracting Officer; any such dock or sea trial shall be conducted at the risk and expense of the contractor. The contractor shall provide and install all fittings and appliances which may be necessary for the dock and sea trials to enable the representatives of the Government to determine whether the requirements of the contract plans and specifications have been met. The contractor shall also be responsible for the care, installation and removal of any instruments and apparatus furnished by the Government for such trials.

Page - 15

H.23 CAR 1352.271-88 GUARANTEES (APR 2010)

(a) In the event any work performed or materials furnished by the contractor under this contract prove defective or deficient within 90 days from the date of redelivery of the vessel, the contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.

(b) The Government shall be entitled to rely upon any guarantee secured by the contractor or any sub-contractor covering work done or materials furnished which exceeds the 90-day period until its expiration.

(c) With respect to any individual work item identified and listed as incomplete at the redelivery of the vessel, the guarantee period shall run from the date of completion of such item.

(d) If and when practicable, the Government shall afford the contractor an opportunity to effect such corrections and repairs.

(1) If the Contracting Officer determines it is impracticable or is otherwise not advisable to return the vessel to the contractor, or the contractor fails to proceed promptly with any such repairs as directed by the Contracting Officer, the Contracting Officer may direct that the repairs be performed elsewhere, at the contractor's expense.

(2) Where corrections and repairs are to be made by other than the contractor due to nonreturn of the vessel to the contractor, the contractor's liability may be discharged by an equitable deduction in the price of the contract.

(e) The contractor's liability shall only extend for an additional 90-day guarantee period on those defects or deficiencies which it corrected. However, this clause does not limit the responsibility or relieve the liability of the contractor under the Liability and Insurance clause.

(f) At the Contracting Officer's option, defects and deficiencies may be left in their uncorrected condition. In that event, the contractor and the Contracting Officer shall agree on an equitable deduction in the contract price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this contract.

(g) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. If a defect or deficiency that exists at the time of redelivery of the vessel was not discovered by a reasonable inspection and is discovered after the expiration of the time frame stated in this clause, it is not subject to the time limitations stated in this clause.

(End of clause)

H.24 CAR 1352.271-90 INSURANCE REQUIREMENTS (APR 2010)

(a) The contractor shall procure and thereafter maintain the following insurance:

(1) Ship contractor's legal liability insurance to insure the risks described in paragraph (b) of clause 1352.271-79. This insurance shall be for $1,000,000.00.

(2) Comprehensive general liability insurance and automobile insurance to insure the risks described in paragraph (c) of clause 1352.271-79. This insurance shall be for $1,000,000.00 on account of any one accident or occurrence with respect to each vessel, boat, and/or barge upon which work is performed. The contractor shall cause the Government to be named as an additional insured under any and all liability insurance policies.

(3) Full coverage in accordance with the State Worker's Compensation law; and

(4) Full coverage in accordance with the United States Longshoremen's and Harbor Worker's Act.

(b) As evidence that it has obtained the insurance specified in paragraph (a) of this clause, the contractor shall furnish the Contracting Officer with a certificate or certificates executed by an agent of the insurer authorized to execute such certificates. Such certificates shall be furnished prior to commencement of the work. Each certificate shall state that (name of insurer) has insured (name of contractor) awarded contract number (to be provided at the time of award) for repair/alteration of NOAA SHIP RONALD H.

BROWN in accordance with the Liability and Insurance clause and the Insurance Requirements clause contained herein. Each certificate shall set forth that each policy of insurance represented thereby will expire on (date) and that each such policy contains the following clause:

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"It is agreed that in the event of cancellation or any material change in the policy adversely affecting the interest of the Government in this insurance, 30 days prior written notice will be given to the Contracting Officer."

H.25 NOAA/ERAD REPRESENTATION, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFEROR

In accordance with FAR 14.201-1(c), the completed and submitted "Representations, Certifications, and Other Statements of Offeror" are hereby incorporated by reference in this resulting contract.

H.26 NAM 1330-52.222-70 NOAA SEXUAL ASSAULT AND SEXUAL HARASSMENT

PREVENTION AND RESPONSE POLICY (MAY 2018)

In accordance with NOAA Administrative Order (NAO) 202-1106, NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy, it is the policy of NOAA to maintain a work environment free from sexual assault and sexual harassment. NOAA prohibits sexual assault and sexual harassment by or of any employee, supervisor, manager, contractor, vendor, affiliate, or other individual with whom NOAA employees come into contact by the virtue of their work for NOAA.

(a) Definitions.

Contractor Employees - The term “contractor employees,” as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.

Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the U.S. Code (sexual abuse), and assaults committed both by offenders who are strangers to the victim and by offenders who are known or related by blood or marriage to the victim.

Sexual Harassment - As defined by the Equal Employment Opportunity Commission, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

It includes unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature when any of the following are true:

• Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment;

• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

• The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient’s sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures.

(b) Requirements.

1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this, NOAA urges its contractors to develop and enforce comprehensive company policy addressing sexual assault and sexual harassment.

2. The contractor shall include wording substantially the same as this solicitation and

Page - 17 contract language in every subcontract so that it is binding upon each subcontractor.

3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer’s Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6, .07, Reporting from Remote Locations.

i. Swift reporting allows NOAA and the contractor to take the appropriate measures to ensure that offensive behavior stops and the complainants’ needs are addressed.

ii. The COR (if assigned), CO, and contractor, where applicable, will work together to ensure appropriate action is taken in accordance with applicable laws and regulations, contract terms and conditions, and the contractor’s written policy (where applicable).

4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within ____ business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.

Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.

Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than March 1st of each calendar year of contract performance.

i. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by NOAA’s Workplace

Violence Program Manager. A link to the website including the required elements of the training is provided at:

http://www.ago.noaa.gov/quicklinks/harassment_training.html. The website will also provide training materials and resources to assist the contractor in conducting the training. The contractor may provide training that solely addresses the NOAA required elements or may supplement existing company sexual assault and sexual harassment training in a manner that ensures all of the elements are adequately addressed.

ii. The required elements of the training and resources available to the contractor for the training may be updated by NOAA periodically. The contractor is responsible for monitoring the website and incorporating any changes to the NOAA required elements into the contractor provided training.

iii. NOAA’s Workplace Violence Program Manager, COR, or CO may periodically review the contractor’s training outline to ensure all required elements are included and, if necessary, any appropriate adjustments are made to the training by the contractor.

iv. Contractor employees performing on assignments in a remote location, such as at a field camp or other isolated locations, are subject to receiving the same briefing on the parameters of the order provided to NOAA employees as set forth in Section 6 of

NAO 202-1106.

5. The contractor shall provide a copy of this solicitation and contract language and NAO

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202-1106 to contractor employees.

(c) Sexual Assault/Sexual Harassment (SASH) Helpline.

For NOAA employees, affiliates, and contractors who have experienced sexual assault or sexual harassment, NOAA has established the NOAA Sexual Assault/Sexual Harassment (SASH) helpline. This helpline is designed to provide crisis intervention, referrals, and emotional support to those who are victims and/or survivors of sexual harassment or sexual assault within the workplace. Contractor employees may use the helpline to receive live, confidential, one-on-one support in an occurrence of sexual harassment or assault by a Federal Government employee.

All services are anonymous, secure, and available worldwide, 24 hours a day, seven days a week.

The NOAA SASH helpline is accessible through a variety of channels, including:

● Phone: 1-866-288-6558

● Website & Online Chat: http://NOAASASHHelpline.org

● Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores)

● Text: (202) 335-0265

(d) Confidentiality.

Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. “Confidentiality” means that the information shall only be shared with others who have a need to know the information to conduct their official duties.

(e) Remedies.

In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:

1. Requiring the Contractor to remove a contractor employee or employees from the performance of the contract;

2. Requiring the Contractor to terminate a subcontract;

3. Suspension of contract payments until the Contractor has taken appropriate remedial action;

4. Termination of the contract for default or cause, in accordance with the termination clause of this contract;

5. Suspension or debarment; or

6. Other appropriate action.

H. 27 NAM 1330-52.242.70 SUBMITTAL OF INVOICES

The Contractor shall prepare and submit an invoice to the COR for approval [with a copy to the contracting officer for information]. All invoices shall be submitted by the 10th day of the subsequent month.

To constitute a proper invoice, the contractor’s invoice shall be prepared in accordance with, and contain all elements specified in, the paragraph titled, “Contractor’s Invoice,” of the applicable prompt payment provision of the contract (e.g., FAR 52.232-25, Prompt Payment; FAR 52.232-26, Prompt Payment for Fixed-Price Architect Engineer Contracts; or FAR 52.232-27, Prompt Payment for Construction Contracts). For contracts and orders for commercial items and services, paragraph (g) of FAR 52.212-4, titled, “Invoices,” applies.

If the invoice does not comply with the applicable prompt payment provision of the contract, the COR will return it to the contractor within seven days after the date the designated office received the invoice along with a statement as to the reasons why it is not a proper invoice.

H.28 NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN

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a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. Allow contractors to better prepare for and propose on business opportunities.

2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

3. Identify constraints in transparency and process.

b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns,issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

d. There are several constraints to the scope of the AGO Ombudsman’s authority, for instance:

1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the

Department of Commerce, or the U.S. Government.

7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

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e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

g. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov.

END OF SECTION H

mailto:Rafael.Roman@noaa.gov

SECTION I

CONTRACT CLAUSES

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I.1 FAR 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(es): https://www.acquisition.gov/Far/ and http://www.gpo.gov (End of clause)

I.2 FAR 52.202-1 DEFINITIONS (NOV 2013)

I.3 FAR 52.203-3 GRATUITIES (APR 1984)

I.4 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

I.5 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(SEP 2006)

I.6 FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

I.7 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL

OR IMPROPER ACTIVITY (MAY 2014)

I.8 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014)

I.9 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (OCT 2010)

I.10 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF…