RFP 6923G226R000002 USMMA FOOD SERVICES.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

722310

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR6923G2

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

1300 ET770-954-5976BRIAN WILEY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

6923G226R000002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 43OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

KINGS POINT NY 11024-1699

300 STEAMBOAT ROAD

USMMA PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$47

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

MARITIME ADMINISTRATION

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 04/01/2027 to 03/30/2032

00001 Food Services per Midshipmen Strength (FFP) 12 MO

Period of Performance: 04/01/2027 to 03/30/2028

00002 Fixed Management & ODCs (FFP) 12 MO

Period of Performance: 04/01/2027 to 03/30/2028

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

DURBA RAY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

7/17/2026

6/23/2026

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00003 Option year one -Food Services per Midshipmen 12 MO

Strength (FFP)

(Option Line Item)

03/30/2029

Period of Performance: 04/01/2028 to 03/30/2029

00004 Option year one -Fixed Management & ODCs (FFP) 12 MO

(Option Line Item)

03/30/2029

Period of Performance: 04/01/2028 to 03/30/2029

00005 Option year two -Food Services per Midshipmen 12 MO

Strength (FFP)

(Option Line Item)

03/30/2030

Period of Performance: 04/01/2029 to 03/30/2030

00006 Option year two -Fixed Management & ODCs (FFP) 12 MO

(Option Line Item)

03/30/2030

Period of Performance: 04/01/2029 to 03/30/2030

00007 Option year three-Food Services per Midshipmen 12 MO

Strength (FFP)

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 43

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

6923G226R000002

03/30/2031

Period of Performance: 04/01/2030 to 03/30/2031

00008 Option year three -Fixed Management & ODCs (FFP) 12 MO

(Option Line Item)

03/30/2031

Period of Performance: 04/01/2030 to 03/30/2031

00009 Option year four-Food Services per Midshipmen 12 MO

Strength (FFP)

(Option Line Item)

03/30/2032

Period of Performance: 04/01/2031 to 03/30/2032

00010 Option year four -Fixed Management & ODCs (FFP) 12 MO

(Option Line Item)

03/30/2032

Period of Performance: 04/01/2031 to 03/30/2032

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Section A: -- Government Contract Form Introduction:

The Department of Transportation(DOT), Maritime Administration(MARAD), and the U.S.

Merchant Marine Academy (USMMA) seeks a contractor to provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform full scale food services as defined in the Performance Work Statement and expressed in the vendor’s proposal per the Performance Work Statement (PWS). The contractor shall perform to the standards in this contract, in accordance with the Performance Requirements Summary and as recognized by industry standards, Center for Disease Control and Prevention guidelines, and the approved Transition-In Plan to be incorporated into the contract.

Section B: -- Supplies or Services - Prices / Cost / Options

The period of performance for this contract is one (1) 12-month Base Year, with four (4) 12-month option periods beginning April 1, 2027.

The CLINS will be structured as indicated below. Traditional rates shall be in effect until the Contracting Officer instructs otherwise.

CLIN Requirement Period of Performance NTE/Monthly in US Dollars

Extended Total Value in US Dollars

00001 Transition-In April 1, 2027 – April 30, 00002 Base Period – Food Services per Midshipmen Strength

April 1, 2027 – March 30, 00003 Base Period – Fixed Management & ODCs

April 1, 2027 – March 30, Total for the base year

00004 Option Year 1 – Food Services per Midshipmen Strength

April 1, 2028 – March 30, 00005 Option Year 1 – Fixed Management & ODCs

April 1, 2028 – March 30, Total Option year one

00006 Option Year 2 – Food Services per Midshipmen Strength

April 1, 2029 – March 30, 00007 Option Year 2 – Fixed Management & ODCs

April 1, 2029 – March 30, 6923G226R000002 Page 4 of 43

Traditional Service Rates per Midshipmen Strength:

Range of Cadets/Midshipmen

Strength

Price per Midshipmen

878-903 $ 852-877 $ 826-851 $ 800-825 $ 776-799 $ 751-776 $ 726-750 $ 701-725 $ 676-700 $ 651-675 $ 626-650 $ 601-625 $ 576-600 $ 551-575 $ 526-550 $ 501-525 $ 476-500 $

Total Option year two

00008 Option Year 3 – Food Services per Midshipmen Strength

April 1, 2030 – March 30, 00009 Option Year 3 – Fixed Management & ODCs

April 1, 2030 – March 30, Total Option year three

00010 Option Year 4 – Food Services per Midshipmen Strength

April 1, 2031 – March 30, 2032

00011 Option Year 4 – Fixed Management & ODCs

April 1, 2031 – March 30, Option year four total Grand total

Base plus four one-year options

6923G226R000002 Page 5 of 43

451-475 $ 426-450 $ 401-425 $ 376-400 $ 351-375 $ 326-350 $ 301-325 $ 276-300 $ 251-275 $ 226-250 $ 201-225 $ 1-200 $

Pricing for the 6-month option to extend services in accordance with FAR 52.217-8, shall be in accordance with the most current rates being used in the contract.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement and Statement of Work (PWS) for the Food Services requirement is hereby incorporated by reference. See Attachment I - Performance Work Statement.

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES-FIXED PRICE (AUG 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

6923G226R000002 Page 6 of 43

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

a. Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

b. Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may –

a. By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

b. Terminate the contract for default.

(End of Clause)

SECTION F- DELIVERIES OR P

ERFORMANCE

52.242-15 STOP WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either –

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts

6923G226R000002 Page 7 of 43 justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop- work order.

(End of Clause)

Performance of food services will be primarily located at:

U.S. MERCHANT MARINE ACADEMY (USMMA)

Delano Hall 300 Steamboat Road Kings Point, NY 11024

Performance will also include food service on other sites around the USMAA and at sea, including the vessel Kings Pointer, Patten Clinic Infirmary, on- campus special event dinners as detailed and other locations as in the Performance Work Statement (PWS), see section C.

Hours of Operation per the PWS:

⮚ Arrival of Midshipmen Trainer Meals - Buffet Style (Approximately 5 days)

Approximate Schedule:

Breakfast 0700 – 0730 Lunch 1200 – 1245 Dinner 1730 – 1815

⮚ Plebe Candidate Meals Approximate times for Family Style Service with the arrival of Plebe Candidates is as follows:

Breakfast 0645 – 0730 Lunch 1230 – 1315 Dinner 1800 – 1845

⮚ Hours of Operation (Standard Year-Round) The Academy is open 7 days; Monday through Sunday including Federal holidays except for when the Government facilities are closed due to local or national

6923G226R000002 Page 8 of 43 emergencies, administrative closings, or similar Government directed facility closings.

The contractor shall maintain hours of operation as necessary to meet the service schedule:

⮚ Delano Hall Meal Schedule - Standard Operating Hours (Subject to Change)

Breakfast Buffet Style Monday – Friday 0615 – 0730 Breakfast Buffet Style Saturday 0700 – 0800 Lunch Family Style Monday – Friday 1150 - 1230 Lunch Cafeteria Style Saturday 1130 - 1300 Dinner Cafeteria Style Monday – Friday 1730 – 1945 Dinner Cafeteria Style Saturday 1730 – 1900 Brunch Cafeteria Style Sunday 1030 – 1230 Dinner Cafeteria Style Sunday 1730 – 1900

⮚ Coffee and Tea will be available in the Library Sunday – Thursday evenings (5 days a week) at the following times:

o Delivered at 1900 (7PM)

Coffee containers to be returned to the commissary by 1000 (10AM) the following day.

Monday thru Sunday including Federal holidays with the exception of when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential. Any replacement of managerial/leadership staff shall be vetted through the COR and CO. Resume’s shall be provided for review and the contractor shall receive the government’s concurrence with the replacement.

Period of Performance:

Transition In – April 1, 2027 – April 30, 2027 Base Period –April 01, 2027 – March 30, 2028 Option Period 1 – April 1, 2028 – March 30, 2029 Option Period 2 – April 1, 2029 – March 30, 2030 Option Period 3 – April 1, 2030 – March 30, 2031 Option Period 4 – April 1, 2031 – March 30, 2032

SECTION G: -- CONTRACTING ADMINISTRATION DATA

6923G226R000002 Page 9 of 43

G.1 INVOICE REQUIREMENTS/INSTRUCTIONS

DOT utilizes the Delphi eInvoicing web portal for processing invoices. Access to Delphi eInvoicing web portal is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices or payment requests, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via www.login.gov.

Vendors must meet the following minimum requirements to submit invoices through the Delphi eInvoicing web-portal:

(d) Vendors shall have electronic internet access to register in the U.S. General Services Administration’s (GSA) Login.gov and to the Delphi eInvoicing web portal;

(e) The identity of system users will be verified prior to receiving access to the Delphi eInvoicing web-portal via registration with login.gov. Information required for Login.gov includes his/her email address, full name, phone number, and password;

(f) Once notified by their agency POC, system users shall register with and create an account with GSA Login.gov. System users will provide his/her email address and receive an email back to confirm. They will then create a password and input a telephone number and opt to receive either a personal call from Login.gov or text message with an authentication code;

(g) Once the user is authenticated in Login.gov, he/she shall work with their agency POC to request access to the Delphi eInvoicing web portal. The POC will complete a Delphi eInvoicing web-portal User Access Request (UAR) to include the users full name, contact phone number, work e-mail address. Additionally, the agency POC will include the vendor name, purchase order (contract) numbers (or supplier number) and agency doing business with to complete and electronically submit the UAR for processing;

(h) Once the UAR is submitted, it will be electronically approved by the Access Control Officer (ACO) assigned to OA associated with the contract award or grant and then forwarded to the Delphi eInvoicing helpdesk to create the account. Once the account is created an e-mail will be generated to the user with instruction on accessing their Delphi eInvoicing web portal account. An e-mail will also be sent to the agency POC who initiated the UAR.

A. Definition.

Payment request, as used in this subpart, means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation.

B. Electronic payment requests—invoices.

(a) Requirements. Contracts shall require the electronic submission of payment requests, except for—

(1) Purchases paid for with a Governmentwide commercial purchase card;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise classified information or national security; or

(3) As directed by the contracting officer to submit payment requests by mail.

6923G226R000002 Page 10 of 43

(b) Alternate procedures. Where a contract requires the electronic submission of invoices, the contracting officer may authorize alternate procedures only if the contracting officer makes a written determination that the Department of the Transportation (DOT) is unable to receive electronic payment requests or provide acceptance electronically and it is approved one level above the contracting officer.

For contractors/vendors who are unable to utilize DOT’s Delphi eInvoicing web-portal, waivers may be considered on a case-by-case basis. Vendors should contact the Contracting Officer’s Representative for assistance and reach out to the Accounts Payable department for review and approval.

(c) DOT electronic invoicing system. DOT utilizes the Delphi eInvoicing web portal to facilitate the electronic submission and approval of vendor invoices and certain grantee payment requests.

Except as provided in paragraphs (a) and (b) of this section, contracting officers and DOT finance officials shall process electronic payment submissions through the Delphi eInvoicing web portal. If the requirement for electronic submission of payment requests is waived under paragraph (a) or paragraph (b) of this section, the contract or alternate payment authorization, as applicable, shall specify the form and method of payment request submission.

C. Electronic authentication.

Access to Delphi eInvoicing is granted with electronic authentication of credentials (name & valid email address) utilizing the GSA credentialing platform login.gov. For vendors submitting invoices, they will be required to submit invoices via the Delphi eInvoicing web portal which is authenticated via login.gov.

D. Contract clause.

Contracting officers shall insert the clause provided in Section E. below, Electronic Submission of Payment Requests, in solicitations and contracts exceeding the micro-purchase threshold, except those for which the contracting officer has directed or approved otherwise under Section B. above, and those paid with a Governmentwide commercial purchase card.

E. Electronic Submission of Payment Requests.

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this

6923G226R000002 Page 11 of 43 clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi eInvoicing which is accessed and and authenticated via www.login.gov

(d) The following FAR section applies (32.905 Payment documentation and process). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(b) Content of invoices.

(1) A PROPER INVOICE MUST INCLUDE THE FOLLOWING ITEMS (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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

(e) Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

6923G226R000002 Page 12 of 43

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

POINTS OF CONTACT

PROCURING CONTRACTING OFFICER (PCO)

U.S. Department of Transportation- Maritime Administration Durba Ray, Contracting Officer 1200 New Jersey Avenue, S.E. – W26/444 Washington, D.C. 20590 Telephone: (202)855-4908 E-mail Address: durba.ray@dot.gov

CONTRACT SPECIALIST (CS)

Carmen Feliz, Contract Specialist 300 Steamboat Road Kings Point, NY 10024 Telephone: (516)726-6149 E-mail Address: felizc@usmma.edu

G.2 ADDRESS OF CORRESPONDENCE

All contract related correspondence except as otherwise specified, shall be directed to the Contracting Officer and Contract Specialist at durba.ray@dot.gov and felizc@usmma.edu.

G.3 CONTRACTING OFFICER'S REPRESENTATIVE

6923G226R000002 Page 13 of 43

a. The Contacting Officer's Representative (COR) is responsible for the technical aspects of the project and technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports and deliverables.

b. 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 expressed prior authorization of the Contracting Officer. The COR may designate assistant (COR(s) to act for him/her by naming such assistant in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

c. The COR for this contract is:

CDR McCarthyA@usmma.edu U.S. Merchant Marine Academy 300 Steamboat Road Kings Point, NY 10024 Office: (516)726-5659 Email: McCarthyA@usmma.edu

The alternate COR (ACOR) is:

LCDR Antoinette Waller, U.S. Merchant Marine Academy 300 Steamboat Road Kings Point, NY 10024 Office: (516) 726-5649 Email: WallerA@usmma.edu

d. The COR and ACOR may be changed by the Government at any time, but notification of the change, including the name and address of the successor COR will be promptly provided to the Contractor by the Contracting Officer in writing.

SECTION H: -- SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR TRAINING

The Contractor shall provide a work force properly trained (and certified, if required) to perform all tasking defined within the PWS. If tasking requires certification and/or periodic recertification, the Contractor is responsible for the costs of certification and, if required, periodic recertification.

H.2 SCHEDULE OF INSURANCE

a. The Contractor shall, at its own expense, provide and maintain during the entire

6923G226R000002 Page 14 of 43 performance period of this contract at least the kinds and minimum amounts of insurance required below:

Workmen’s Compensation and Employer’s Liability Insurance: $100,000 General Liability Insurance for Bodily Injury Liability Minimum Per Occurrence for Bodily Liability: $500,000 Minimum Per Each Accident for Property Damage: $100,000 Minimum Aggregate for Bodily Injury: $500,000 Automobile Liability Insurance Minimum Per Person $200,000 Minimum Per Occurrence for Bodily Injury $500,000 Minimum Per Occurrence for Property Damage $20,000

The contractor shall provide the required certification of insurance within 10 days of contract award unless otherwise authorized by the contracting officer.

b. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective (1) for such period as the laws of the state in which this contract is to be performed or prescribed, and

(2) until 30 days after the insurer of the Contractor gives written notice to the Contracting Officer.

c. The Contractor shall insert the substance of the clause entitled “Insurance Work on a Government Installation (FAR 52.228-5),” in subcontracts under this contract that require work on a Government Installation and shall require subcontractors to provide and maintain the insurance required above.

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Section I: -- Contract clauses; if clauses are referenced, read them from their original source.

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 address:

https://www.acquisition.gov/far/part-52

Clause Title Date 52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

NOV 2023

52.204-09 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2025 52.212-1 Instructions to Offerors—Commercial Products and Commercial

Services (Deviation) RFO April

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

OCT 2025

52.216-4 Economic Price Adjustment-Labor and Material Jan 2017

52.222-03 Convict Labor (Deviation) (RFO April 2026)

52.222-50 Combating Trafficking in Persons (Deviation) (RFO April 2026)

52.232-18 Availability of Funds (Apr 1984) APR 1984 52.232-19 Availability of Funds for the Next Fiscal Year APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023 52.243-01 Changes--Fixed Price OCT 2025 52.246-4 Inspection of Services – Fixed Price AUG 1996 52.249-08 Default (Fixed-Price Supply and Service) APRIL 1984 TAR 1252.223-73 Seat Belt Use Policies and Programs APR 2005 TAR 1252.239-70 Security requirements for unclassified information technology resources

APR 2005

TAR 1252.242-70 Dissemination of Information – Educational Institutions OCT 1994 TAR 1252.245-70 Government Property Reports OCT 1994 TAR 1252-242-72 Dissemination of Contract Information OCT 1994

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• 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (Deviation) (RFO April 20, 2026)

• a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

• (b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

• (1) Within a reasonable time after the defect was discovered or should have been discovered; and

• (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

• (c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

• (d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

• (e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

• (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine

6923G226R000002 Page 17 of 43 restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

• (1) Notify the Contracting Officer in writing as soon as possible;

• (2) Remedy the delay as quickly as possible; and

• (3) Notify the Contracting Officer when the occurrence is over.

• (g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

• (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

• (i) Payment—

• (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

• (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

• (3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

• (4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

• (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

• (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

• (B) Affected contract number and delivery order number, if applicable;

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• (C) Affected line item or subline item, if applicable;

• (D) Contractor point of contact; and

• (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

• (5) Interest.

• (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

• (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

• (iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

• (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

• (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

• (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

• (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

• (v) Amounts shall be due at the earliest of the following dates:

• (A) The date fixed under this contract.

• (B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

• (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

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• (A) The date on which the designated office receives payment from the Contractor;

• (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

• (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

• (vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

• (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

• (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

• (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

• (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

• (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

• (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and

6923G226R000002 Page 20 of 43 remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

• (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

• (o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

• (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

• (q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

• (r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

• (1) The schedule of supplies/services;

• (2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

• (3) Other contract clauses incorporated in the solicitation or contract;

• (4) Addenda to this solicitation or contract;

• (5) Solicitation provisions incorporated in the solicitation;

• (6) Other paragraphs of this clause;

• (7) Other documents, exhibits, and attachments; and

• (8) The specification.

• (s) Unauthorized obligations.

• (1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to

6923G226R000002 Page 21 of 43 indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

• (i) Any such clause is unenforceable against the Government.

• (ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

• (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

• (2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

• (t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

• (2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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• (u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

• (End of clause)

• FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the end of the base ordering period.

(End of clause)

• FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 3 months the period of time within which the Contracting Officer may exercise the option; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 (months).

(End of clause)

iii. TAR – INCORPORATED BY REFERENCE

TRANSPORTATION ACQUISITION REGULATION (TAR) CLAUSES

• TAR 1252.201-70 Contracting Officer’s Representative (Nov-22)

(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COR under the contract. (b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(b) The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

TAR 1252.237-73 KEY PERSONNEL (APR 2005)

(a) The personnel as specified below are considered essential to the work being

6923G226R000002 Page 23 of 43 performed under this contract and may, with the consent of the contracting parties, be changed from time to time during the course of the contract by adding or deleting personnel, as appropriate.

(b) Before removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the contracting officer, in writing, before the change becomes effective.