solicitation_EE133F-18-RQ-0132.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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DUNS__________________

Contractor shall perform all work in accordance with the statement of work and specifications.

0001 HAUL OUT VESSEL

1.00 JB

0002 CROP AND RENEW WASTED METAL

0003 INSPECT AND RECONDITION PROPELLER

0004 SERVICE PROPELLER SHAFT AND ASSOCIATED

COMPONENTS

0005 RENEW ZINCS

0006 CLEAN AND INSPECT PORT FUEL TANK

0007 CLEAN, INSPECT, AND PRESERVE FORWARD

WATER TANK

0008 RE-PLUMB BILGE PUMP SUCTION AND DISCHARGE

OPT

0009 OPTIONAL ITEM - PRESERVE METAL IN STEERING

ROOM (subject to availability of funds)

Period of Performance: 02/05/2018 to 03/27/2018

1.00 JB

OPT

0010 OPTIONAL ITEM - RENEW BOOM RIGGING (subject to availability of funds)

Period of Performance: 02/05/2018 to 03/27/2018

1.00 JB

OPT

0011 OPTIONAL ITEM-RENEW RUB RAILS (subject to availability of funds)

Period of Performance: 02/05/2018 to 03/27/2018

ADDITIONAL ITEM REQUIREMENTS (AIR): These items related 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 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 price offered.

OPT

0012 ADDITIONAL ITEM REQUIREMENT (AIR)/GROWTH

LABOR RATE. Estimated 50 Hours

Unit Price for regular time: $_______ per hour

Extended Price (50/hr x Rate): $________

Period of Performance: 02/05/2018 to 03/27/2018

1.00 LT

OPT

0013 ADDITIONAL ITEM REQUIREMENT (AIR)/GROWTH

MATERIALS MARKUP/Handling Fee

1.00 LT

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 49 EE133F18RQ0132

Unit Price is estimated at $2,000, Qty 1: Unit of Issue:

Percent increase ______%

Extended Price: [2,000 x percentage quoted]:

Period of Performance: 02/01/2018 to 06/01/2018

Table of Contents

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INSTRUCTION TO QUOTERS

INVOICE INSTRUCTIONS

STATEMENT OF WORK

Ombudsman Program Clause

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)24

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.271-73 SCHEDULE OF WORK (APR 2010)

1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010)

1352.271-76 PERFORMANCE (APR 2010)

1352.271-77 DELAYS (APR 2010)

1352.271-80 TITLE (APR 2010)

1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010)..25

1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)

1352.271-84 ACCESS TO THE VESSEL (APR 2010)

1352.271-85 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT (APR 2010)

1352.271-86 LAY DAYS (APR 2010)

1352.271-87 CHANGES - SHIP REPAIR (APR 2010)

1352.271-89 TEMPORARY SERVICES (APR 2010)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER

ANY FEDERAL LAW (FEB 2016)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (NOV 2017)

52.216-1 TYPE OF CONTRACT (APR 1984)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

52.237-1 SITE VISIT (APR 1984)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

1352.233-70 AGENCY PROTESTS (APR 2010)

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.237-75 KEY PERSONNEL (APR 2010)

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

Table of Contents

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1352.271-72 ADDITIONAL ITEM REQUIREMENTS (AIR) - GROWTH WORK (APR 2010)

1352.271-88 GUARANTEES (APR 2010)

1352.271-90 INSURANCE REQUIREMENTS (APR 2010)

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INSTRUCTION TO QUOTER

INSTRUCTION TO QUOTER

Government intends to award as a firm-fixed price requirement to a single offeror. The government intends to make a single award without discussions. This requirement is 100% set aside for small business.

NAICS: 336611 Ship Building and Repairing PRODUCT SERVICE CODE: J019 – Maintenance and Repair of Ships, Small craft, Pontoons and Floating Docks

SYSTEM FOR AWARD MANAGEMENT (SAM):

In accordance with FAR 52.212-1(k), unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall have an active registration in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov under Acquisition Systems or https://www.sam.gov/portal/SAM/##11 . See Addendum 1 for SAM registration information.

QUOTES:

Quotes must be submitted by electronic means for consideration of award. Electronic quotes may be transmitted by email to kelly.taranto@noaa.gov or by facsimile to 508-495-2004. It is the Offeror’s responsibility to ensure their electronic offer has been received. NOTE: When submitting your offer please ensure Block 11(f), and 13 through 16 are completed on the SF 1449. Quotes that are received missing required additional documentation as stated elsewhere within this document, and which are not submitted by electronic means may be found to be unresponsive and not considered for award. If you have any questions regarding the quoting process please contact Kelly Taranto at 508-495-2312.

ADDITIONAL DOCUMENTS TO BE SUBMITTED WITH THE QUOTE:

• Past Performance Documents. Provide three (3) references for similar/like requirement performed by your company within the last five (5) years. See Addendum 2 for Template.

BASIS FOR AWARD: Basis of award and evaluation criteria are identified as:

Award will be made to the responsive and responsible offeror whose quote conforming to the solicitation results in the best value to the Government, considering both price and non-price factors as specified in the solicitation. The following non-price factors will be used to evaluate offers: Technical and Past Performance. Non-cost factors (technical and past performance) will be weighted approximately equal to price.

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EVALUATION CRITERIA:

Technical is defined as locality. Contractor facility must be within 250 nautical miles of the vessels home port of Woods Hole, Massachusetts.

• ACCEPTABLE: Proposal clearly meets the minimum requirements of the solicitation.

• UNACCEPTABLE: Proposal does not clearly meet the minimum requirements of the solicitation.

Past Performance will be evaluated on an Acceptable/Unacceptable basis. The Government will evaluate the quality, timeliness, and management of the offeror’s past performance considering currency, relevancy, sources, context, and trends on recent (within the last 3 years) work performed under government and/or open market awards.

The contractor is required to provide a minimum of three (3) references for relevant projects within the last three (3) years that meet or exceed the scope of work necessary for this requirement.

Past Performance will be evaluated first (using all means available to include references, Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), etc.). An Offeror shall obtain an acceptable rating to continue in the competition. Offerors’ who are rated as unacceptable in Past Performance will be removed from further consideration for award. Price will be evaluated to determine reasonableness and realism of the proposed price. Unreasonable/Unrealistic Offers cannot be selected for award.

• ACCEPTABLE: Proposal clearly meets the minimum requirements of the solicitation.

• UNACCEPTABLE: Proposal does not clearly meet the minimum requirements of the solicitation.

WAGE DETERMINATION: Contract Work Hours and Safety Standards Act (formerly Service Contract Act of 1965) is applicable to this requirement. The appropriate (current at time of award) Wage Determination will be incorporated into the resulting award.

Rates can be found at: http://www.wdol.gov . Be advised that the current prevailing Wage Determination will be incorporated at the time of award. In the event the current prevailing Wage Determination is changed by the Department of Labor after the closing date of this solicitation, the updated Wage Determination will be incorporated by amendment and issued to all offerors that have not been eliminated from the competition. If applicable, these offerors will be given a reasonable opportunity to provide revised quotes solely to amend for Wage Determination changes. This does not constitute and shall not constitute as discussions if award without discussions is contemplated.

LIABILITY AND INSURANCE REQUIREMENT: The successful quoter must furnish an insurance certificate within five (5) calendar days after award in accordance with CAR Clauses 1352.271-79, Liability and Insurance, and 1352.271-90, Insurance Requirements.

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PRE-QUOTE SITE VISIT: Interested parties are highly encouraged to attend a site visit to inspect the vessel for full understanding of the expected work requirements. Contractors are authorized to take photographs of the specific work areas to support their quotes. Contractors are asked to schedule an appointment for their site visit based on the information below. Contractors are asked to arrive for the site visit 15 minutes before your scheduled time.

LOCATION: 166 Water Street, Woods Hole, MA 02543

DATES/TIMES: January 18th through 26th (excluding 20th & 21st) 8:00AM – 3:00PM (EST

POINT OF CONTACT: Andrew Reynaga Andrew.Reynaga@noaa.gov 774-392-2746

Questions will not be answering during the site visits. ALL questions must be submitted in writing via email to the Contracting Officer kelly.taranto@noaa.gov .

QUESTIONS: Cutoff date for government acceptance of questions is 12:00PM (EST) on January 29, 2018. All questions must be submitted in writing (email) to the Contracting Officer:

kelly.taranto@noaa.gov. Contacting anyone other than the contracting officer is not permitted, and the may result in delay or removal from the solicitation process. The government will make every effort to reply to the questions submitted in a timely manner and will post RFI Tracking Log with all questions and answers in the same manner (location) in which the solicitation was posted (FedBizOps).

QUOTE DUE DATE: Quotes are due no later than 2:00PM (EST) on 2 February 2018.

Electronic quotes may be transmitted by email to kelly.taranto@noaa.gov or by facsimile to 508-495-2004.

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INVOICE INSTRUCTIONS

Invoicing Instructions for Standard Form 1449

Please e-mail a copy of the invoice to: Kelly.Taranto@noaa.gov or mail the Original Invoice to the address specified in Block #9 of the SF1449/Purchase Order.

Invoicing. Contractor will provide a “proper” invoice on a monthly basis, in arrears, (no later than the 10th of each month) in accordance with the Prompt Payment Act. Proper invoices must include as a minimum:

a) Name and address of the contractor.

b) Name (where applicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

c) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission). Electronic submission of invoices is preferred.

d) Contract Number

e) Contract Line Item Number being billed, with description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed

Improper invoices will be returned and payment will not be made until receipt of a proper invoice.

Payments resulting from approved and accepted invoices will be made via Electronic Funds Transfer (EFT) in accordance with the businesses System for Awards Management (SAM) registration information.

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STATEMENT OF WORK

STATEMENT OF WORK

2018 Dry Dock NOAA R/V Gloria Michelle

1. BACKGROUND:

The contractor shall provide haul out and repair services for NOAA R/V Gloria Michelle (F7201). R/V Gloria Michelle is a Small Research Vessel owned and operated by the Northeast Fisheries Science Center, under the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA).

Vessel Characteristics:

− LOA: 72 feet − Beam: 20 feet − Draft: 9.5 feet − Gross Registered Tonnage: 96.2 GRT − Displacement Tonnage: 160 Tons − Hull Material: Steel − Permanent Crew: 2 Commissioned Officers − Homeport: 166 Water Street

Woods Hole, MA 02543

2. SCOPE/OBJECTIVE:

Contract will serve to preserve and repair metal external components to return the boat’s hull to original condition, service propeller and shaft bearings, repair bilge plumbing, and preserve tanks. Tasks required under this contract will be referred to from this point forward as “work”.

Contractor shall identify any plating beyond acceptable wastage limits IAW USCG NVIC 7-68 and submit a Condition Found Report. Newly installed or exposed steel shall be coated according to Attachment I, NOAA Standard Specification MOC-631-2D “Coating System for Steel Surfaces”. Maintenance is required and intended to increase the life cycle by addressing corrosion, adding strength and preserving wasting metal.

3. PRE-QUOTE SITE VISIT:

Bidders are strongly encouraged to inspect the vessel to understand the expected work requirements being requested. The vessel will be available for a pre-quote inspection in Woods Hole, MA. See Instruction to Quoters for additional information and site visit registration.

4. GOVERNMENT REPRESENTATIVE(S):

Contracting Officer (CO) is Kelly Taranto (508-495-2312), only individual authorized to make changes to the terms and conditions of the contract.

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Contracting Officer Representative (COR) is LT Andrew Reynaga (774-392-2746), individual authorized to provide oversight of services/workmanship performed. The COR keeps the CO informed of contractor’s work progress and matters relating to contract terms and conditions.

Onsite Technical Supervisor is LTJG Christopher Gallagher (860-701-6630), individual authorized to monitor the performance of the Contractor and keep the COR and CO informed of the contractor’s performance.

5. PLACE OF PERFORMANCE:

The place of performance shall be at the awarded contactors shipyard not more than 250 Nautical Miles from the vessels home port:

NOAA R/V Gloria Michelle Northeast Fisheries Science Center 166 Water Street Woods Hole, MA 02543

6. PERIOD OF PERFORMANCE:

The period of performance shall be no more than 40 days from time of award and shall be completed no later than March 27, 2018.

7. GOVERNMENT FURNISHED MATERIAL/EQUIPMENT:

The government will make the vessel available at the agreed place and time. The government shall not furnish any other materials, services, equipment, labor, or facilities to fulfill this contract, except as otherwise indicated.

8. GENERAL REQUIREMENTS:

8.1. Contractor shall furnish all trained labor, services, facilities, and associated materials, and remove and renew all interferences necessary to satisfactorily perform the work specified.

8.2. Contractors shall ensure all personnel performing under this contract are trained, certified and licensed (as necessary) in accordance with all local, state, and federal requirements. OSHA certificates must be made available to the COR and Contracting Officer upon request.

8.3. Contractor shall ensure work is performed in accordance with all local, state, and federal laws, complying with United States Coast Guard (USCG) and Occupational Safety and Health Administration (OSHA) standards are maintained.

8.4. Contractor shall ensure that the Contractors authorized Site Superintendent/Manager is on site and readily available while work is being performed under this contract.

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8.5. Contractor shall provide electrical power to the vessel (50 AMP, 220 VAC) 24 hours per day during the entire yard period.

8.6. Contractor shall remove any sand or loose paint chips on the deck or deck equipment at work completion (release of vessel back to NOAA).

8.7. Contractor shall provide NOAA Corps officers access to vessel during all work.

8.8. Contractor shall NOT make changes to any terms and conditions of this contract without prior written approval of the Contracting Officer.

9. DRAWINGS, PHOTOGRAPHS AND RELATED DOCUMENTS:

The following NOAA Standard Specifications apply to this project and shall be followed when applicable.

1) Attachment A: Ship Drawings

2) Attachment B: Audiogaging

3) Attachment C: Propeller and Rudder Image

4) Attachment D: Propeller Shaft and Bearing

5) Attachment E: Bilge Manifold

6) Attachment F: Boom Rigging

7) Attachment G: Vessel Photos

8) Attachment H: NOAA Standard Specification AMC-000-3C, “General Requirements for

Small Contract Ship Repairs”

9) Attachment I: NOAA Standard Specification MOC-631-2D “Coating System for Steel

Surfaces”

10) Attachment J: NOAA Standard Specification AMC-997-1A “Dry-docking and Routine

Dock Work”

11) Attachment K: NOAA Standard Specification MOC-631-3B “Underwater Body Ablative

System”

10. SUBMITTALS:

No less than five (5) business days prior to the start of work, the Contractor shall submit the below documents to the Contract Officer Representative (COR) and Contracting Officer. These documents must be maintained/updated/current during the lifecycle of this contract.

1) List of Subcontractors

2) List of Qualified Welders

3) List of Key Personnel

4) List of Emergency Phone Numbers

5) Certificate of Insurance

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11. CONDITION FOUND REPORTS (CFR):

The COR shall be notified in writing of any conditions found which may impact the performance of the work or administration of the contract, including a detailed description of the condition and any proposed or requested solutions. No changes to the statement of work are authorized without written approval from NOAA.

12. SMOKING:

Smoking aboard the vessel is prohibited.

13. APPROVAL FOR WELDING ON VESSEL:

Due to the presence of sensitive electronics onboard, WELDING SHALL NOT PROCEED until a NOAA field technician has made all equipment safe for welding and approval to proceed has been granted by the COR or a designated NOAA representative.

14. QUALITY CONTROL:

Quality assurance/control is the sole responsibility of the Contractor. The COR may delegate inspection responsibilities to designated NOAA personnel. The designated NOAA inspectors will monitor the progress of work done by the Contractor. If, during the performance of work the NOAA Inspectors witness work that fails to meet the specifications, work that is otherwise unsatisfactory, or conditions which may lead to an unsatisfactory end product, the inspectors will alert the COR who will advise the Contractor of the deficiency.

15. INTERFERENCES/OBSTRUCTIONS:

The Contractor shall remove all interferences and obstructions necessary to complete the required work without regard to whether interferences are indicated under specification work items. This may include the removal of machinery, piping, ducts, wiring, insulation, structure and anything else which interferes with the proper accomplishment of a work item. While awaiting reinstallation and restoration, the Contractor shall maintain and protect interferences.

Unless otherwise authorized by NOAA, upon completion of required work, the Contractor shall reinstall/restore interferences to their original configuration and condition.

16. DAMAGES:

Any damages caused by the Contractor in performance of this contract shall be repaired at the Contractors expense.

17. ENVIRONMENTAL IMPACT:

Work under this contract must be accomplished in such a way as to minimize the potential of environmental impact by operating in an environmentally responsible manner and to the extent possible through the use of environmentally friendly procedures, services, and products.

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18. TASKS:

Contractor shall renew metal beyond wastage limits in known areas. Identify and submit condition found report (CFR) for any other areas beyond acceptable limits. Remove existing bilge system and install new system to meet federal regulations. Perform maintenance on propeller and shaft. Preserve metal in identified areas. Complete identified tasks to restore seaworthiness of vessel to its original design condition using materials that are same as the original equipment manufacturer (OEM) product. All products and services shall be of commercial grade and meet or exceed OEM. Where OEM product is no longer available, the closest most similar product that meets or exceeds original design specifications and performance shall be approved in advance by the Contracting Officers Representative (COR).

Contractor shall:

18.1. CLIN 0001: HAUL OUT VESSEL

a) Vessel is to be evenly supported and securely braced per attached docking plan.

Dry dock, marine railway, or “travel lift” facilities are acceptable. The vessel shall not be lifted by a sling or crane that does not allow for even, vertical support of the entire vessel.

b) The vessel may be blocked after haul out. Blocking shall be 100% compliant with industry and USCG standards

c) The entire underwater hull shall be cleaned of marine growth, dirt, and loose paint using stiff brushes, scrapers, and high pressure (minimum 3000 psi) fresh water within 12 hours. All localized streaking of rust or grease shall be removed with appropriate chemical or mechanical treatment. The surfaces to be cleaned shall include sea strainer plates, sea chests, rudder, propeller, shaft, and all other underwater fittings and appendages.

18.2. CLIN 0002: CROP AND RENEW WASTED METAL (Attachment B)

a) Crop out areas identified in Attachment B – Audiogaging (frames 18 and 20 only!

Disregard cropped out areas in frames 38-40) and insert approximately 3’ x 6’ 5/16” steel plate.

b) Perform UT testing in Fish Hold’s shaft alley and provide results. A minimum of twenty (20) shots. Contractor shall contract the COR and CO for prior written approval if additional shots are required.

c) Renew cropped metal with new metal to match hull at 5/16” thickness.

1. Insert shall be fitted and welded in accordance with USCG NVIC 07-68.

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2. Weld procedure shall be provided in advance for NOAA representative approval prior to any welding.

3. Prior to welding insert, fit-up of new plate shall be inspected and approved prior to welding.

4. Upon completion of welding, all welds shall be 100% dye-penetrant tested in accordance with ASME Section V Article 6.

d) Prepare and paint new metal using the following ablative system.

1. 2 coats, 5 mils, minimum dry film thickness (MDFT) each, High Build Epoxy

2. Followed by 2 coats, 4 mils MDFT each, ablative copper antifoulant (Black)

− The approved ablative systems are: Devran 235 QC epoxy/Devoe ABC-3 (Black) antifoulant . The international “F” Series epoxy/International BRA antifoulant

18.3. CLIN 0003: INSPECT AND RECONDITION PROPELLER (Attachment C)

a) Remove rudder from vessel. Inspect rudder bearings, rudder, and rudder stock for condition and damage. Provide condition found report.

b) Remove propeller from vessel.

c) Repairs shall be made using American Bureau of Shipping (ABS), Guidance Manual for Bronze and Stainless Steel Propeller Castings Dated 1984, for guidance.

d) Propeller dimensions shall be repaired and returned to original specifications utilizing the following methods in declining order of preference (I to III):

I. straightening

II. material removal (grinding)

III. clad welding.

e) Material removal shall be limited to the minimum required to achieve the repair.

f) Reinstall propeller

18.4. CLIN 0004: SERVICE PROPELLER SHAFT AND ASSOCIATED

COMPONENTS (Attachment A and D)

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a) Remove propeller shaft and extensions from vessel

b) Shaft shall be inspected for wear and deflection. Submit Condition Found Report for any recommended maintenance

c) Blast and prepare shaft extension to SP 10/NACE No. 2 (near white metal).

d) Apply 1 coat, 2 mils MDFT each, 90% inorganic zinc primer followed by 2 coats, 5 mils MDFT each epoxy paint in accordance with manufacturer’s specification.

Temperature and humidity shall be recorded at the start time of painting and each hour thereafter until complete. Provide to NOAA representative.

e) Renew all bearings, including flange bearing at engine room bulkhead, pillow block bearing, and cutlass bearing

f) Install propeller shaft with reconditioned extensions.

g) Renew shaft packing with new flax material. Teflon packing shall not be used.

h) Install propeller onto shaft and secure nut in same welded manner as currently installed.

i) Reinstall rudder and new rudder flax packing. Teflon packing shall not be used.

Test for and correct any leaks at the packing

j) Finalize bearing alignment with vessel in water

18.5. CLIN 0005: RENEW ZINCS

a) Remove and renew zincs on three keel coolers using 1874S Fernstrum Zinc Set

b) Remove and renew 42 hull zincs using ZHC-23 6”x12” zincs with two bolt holes, no straps.

18.6. CLIN 0006: CLEAN AND INSPECT PORT FUEL TANK (Attachment A)

a) Remove fuel from port fuel tank. The Contractor shall remove tank cover(s) and clean tank interior surfaces free of all foreign materials, such as residual fuel or water, sediment, sludge, rust, or biological growth, taking care not to damage the coating system ( if applicable). Remove cleaning media and residues continuously during the washing process. Remove any residual wash media; and wipe up residual moisture with clean lint-free cloths.

b) Store diesel fuel in accordance with all applicable federal, state, and local regulations

c) Clean and gas-free port fuel tank “Safe for Personnel” in accordance with OSHA

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d) Inspect tank for condition of steel, stringers, welds, valves, piping, and thru-bulkhead transits

e) Submit Condition Found Report and perform any necessary repairs upon approval from Contracting Officer

f) Apply new gasket material to cover in accordance with Attachment H, AMC-000- 3C “General Requirements for Small Contract Ship Repairs”

g) Refill fuel tank with new or stored diesel fuel to original level. If stored diesel is returned to the vessel at shall be filtered at 10 micron minimum.

18.7. CLIN 0007: CLEAN INSPECT AND PRESERVE FORWARD WATER TANK

(Attachment A)

a) Clean and gas-free water tank safe for personnel.

b) Inspect tank welds, stringers, thru-bulkhead transits, piping, and valves.

c) Blast all surfaces to SP 10/NACE No.2 (near white metal)

d) Preserve metal using a coating approved for potable water storage. Coating system to be approved by NOAA representative prior to application. Temperature and humidity shall be recorded at the start time of painting and each hour thereafter until complete. Provide to NOAA representative.

e) Renew and install cover gasket

18.8. CLIN 0008: RE-PLUMB BILGE PUMP SUCTION AND DISCHARGE

(Attachment E)

a) Remove existing suction lines in Engine Room, Fish Hold, Lazarette, and Aft Steering. Fish Hold will require removal of concrete on deck aft of shaft alley.

b) Install new 1-1/2 galvanized steel schedule 40 pipe and all necessary fittings to Aft Steering, Lazarette, Fish Hold, and Engine Room. Each water tight compartment shall have an individual line leading to the manifold and must be installed in accordance with 46 CFR 182.510. Bulkheads shall retain watertight integrity.

c) Pour concrete to match deck aft of shaft alley in Fish Hold.

d) Expand manifold to allow for two new lines: Lazarette and Steering Room.

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e) Remove discharge line from bilge pump and remove thru-bulkhead fitting to restore watertight integrity of Fidley bulkhead. Insert circular 6” diameter ¼” steel insert.

Paint new welded patch to match house.

f) Install new discharge hardpipe, originating from Engine Room bilge pump.

Discharge line shall transit through bulkhead into Fish Hold, where it will continue to the starboard side and overboard. Penetration through hull shall be as high as practicable and above the vessel’s waterline.

g) Ensure check/stop valves are included to adhere to 46 CFR 182.510.

18.9. CLIN 0009: OPTIONAL ITEM (based on availability of funds) - PRESERVE

METAL IN STEERING ROOM

a) Cover and seal steering gear, wiring, piping, hoses, lighting fixtures and any other equipment in the vicinity of areas to be blasted and painted. Tarps or other protective coverings shall be furnished by the contractor.

b) Contractor is to ensure adequate ventilation and safe working area for paint application

c) Blast and prepare metal in Steering Room bilge (up to vertical bulkheads) to SP 10/NACE No. 2 (near white metal).

d) Apply 1 coat, 2 mils MDFT each, 90% inorganic zinc primer followed by 2 coats, 5 mils MDFT each epoxy paint in accordance with manufacturer’s specification.

Temperature and humidity shall be recorded at the start time of painting and each hour thereafter until complete. Provide to NOAA representative.

e) Coats shall be applied in accordance with the manufacturer’s instructions.

Contractor shall order paint directly from manufacturer or distributor.

18.10. CLIN 0010: OPTIONAL ITEM (based on availability of funds)- RENEW BOOM RIGGING (Attachment F)

a) Renew all wire rope and associated fittings used to support and stabilize boom.

New wire rope and fittings shall be a safety factor of 5 to the working load limit

b) Only new U.S. manufactured/rated hardware shall be used to affix load bearing equipment.

c) Fabricate/install new mounting pin and bracket for boom attachment to mast.

18.11. CLIN 0011: OPTIONAL ITEM (based on availability of funds) – RENEW RUB

RAILS

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a) Remove all fuel from Starboard day tank and both aft ballast tanks. All tanks shall be gas free “Safe for Hot Work”.

b) Store fuel in accordance with federal and local regulations. Ballast fuel shall be stored separate from service fuel.

c) Crop and renew wasted 5 inch schedule 80 piping along port and starboard side of vessel. Approximately 44ft on either side.

d) Prep, prime and paint rub rail to match existing hull paint.

e) Refill fuel tanks

18.12. CLIN 0012: OPTIONAL ITEM - ADDITIONAL ITEM REQUIREMENT

(AIR) – LABOR

a) This item relates to the Labor Rate for Growth Work.

b) 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.

18.13. CLIN 0013: OPTIONAL ITEM – ADDITIONAL ITEM REQUIREMENT

(AIR) – MATERIALS MARKUP

a) This item relates to the Materials Markup Rate for Growth Work.

b) 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.

19. TOP COAT PAINTING SCHEME:

− Hull below waterline – ablative copper antifoulant black

− Hull above waterline to cap rail – Devoe National Blue (229) epoxy paint Blue

− Cap & Rails – black high gloss enamel

− Decks to Cap Rails – light grey high gloss enamel

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− Decks – light grey high gloss enamel with anti–slip abrasive material imbedded in paint

− House – white gloss enamel or epoxy paint

− House Trim – black high gloss enamel

− House Overhead – light grey high gloss enamel with anti–slip abrasive material imbedded in paint

− Pilot House – white gloss enamel or epoxy paint

− Pilot House Overhead – light grey high gloss enamel with anti–slip abrasive material imbedded in paint

− Pilot House Trim – black high gloss enamel

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Ombudsman Program Clause

NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

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 withthe 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.

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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).

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 solicitation and contract language)

PAGE 24 OF 49 EE133F18RQ0132

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(es):

HTTP://FARSIDE.HILL.AF.MIL OR WWW.ACQUISITION.GOV

(End of Provision)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(Reference 52.203-18)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(Reference 52.203-19)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

(Reference 52.204-13)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(Reference 52.204-16)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2016)

(Reference 52.204-18)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(Reference 52.204-22)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-1)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (Reference 52.232-40)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

(Reference 52.245-1)

52.246-1 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

(Reference 52.246-1)

1352.201-70 CONTRACTING OFFICER´s AUTHORITY (APR 2010) (Reference 1352.201-70)

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1352.209-73)

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1352.209-74)

1352.271-73 SCHEDULE OF WORK (APR 2010)

(Reference 1352.271-73)

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

PAGE 25 OF 49 EE133F18RQ0132

1352.271-75 DELIVERY AND SHIFTING OF THE VESSEL (APR 2010)

(Reference 1352.271-75)

1352.271-76 PERFORMANCE (APR 2010)

(Reference 1352.271-76)

1352.271-77 DELAYS (APR 2010)

(Reference 1352.271-77)

1352.271-80 TITLE (APR 2010)

(Reference 1352.271-80)

1352.271-82 DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR SHIP REPAIR (APR 2010) (Reference 1352.271-82)

1352.271-83 GOVERNMENT REVIEW, COMMENT, ACCEPTANCE AND APPROVAL (APR 2010)

(Reference 1352.271-83)

1352.271-84 ACCESS TO THE VESSEL (APR 2010)

(Reference 1352.271-84)

1352.271-85 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT (APR 2010)

(Reference 1352.271-85)

1352.271-86 LAY DAYS (APR 2010)

(Reference 1352.271-86)

1352.271-87 CHANGES - SHIP REPAIR (APR 2010)

(Reference 1352.271-87)

1352.271-89 TEMPORARY SERVICES (APR 2010)

(Reference 1352.271-89)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this provision-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

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

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

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

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

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

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier`` followed by the unique entity identifier that identifies the Offeror`s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

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(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

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

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

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

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

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

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

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION

UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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, PAST PERFORMANCE AND PRICE

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(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).

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(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.