RFP 693JF725R000004.pdf

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10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

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SMALL BUSINESS

01/13/2025 1500 ET

12/11/2024

202-366-2861Denise Clarke (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

693JF725R000004

5. SOLICITATION NUMBER

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

1 93 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

WASHINGTON DC 20590-0001

MAIL STOP W-28-201

1200 NEW JERSEY AVENUE SE

OFFICE OF ACQUISITION MAR-380

9. ISSUED BY

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(FOB) DESTINATION UNLESS

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PRIORITIES AND ALLOCATIONS

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SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

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HUBZONE SMALL

BUSINESS

8(A)

US DOT MARITIME ADMINISTRATION

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BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

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UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00001

The contractor shall provide all services pursuant to the attached Statement of Work - Section C.

SIX YEAR BASE PERIOD of 03/01/2025 to 02/28/2031:

Vessel response plan FFP per vessel

Period of Performance (POP)-03/01/2025 to 02/28/2031 Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Denise Clarke

. 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

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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)

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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.

00002

00003

00004

00005

00006

00007

Tactical response plan FFP per fleet site

Period of Performance: 03/01/2025 to 02/28/2031

Inspection, audit, exercises FFP per fleet site

Period of Performance: 03/01/2025 to 02/28/2031

TTX exercises FFP per site

Period of Performance: 03/01/2025 to 02/28/2031

Training sessions and drills FFP per session

Period of Performance: 03/01/2025 to 02/28/2031

SMT cost reimbursable: POP 03/01/2025-02/28/2031

OPTION PERIOD ONE of 03/01/2031 – 02/28/2033:

Vessel response plan FFP per vessel

Option Line Item - POP 03/01/2031 to 02/28/2033

00008 Tactical response plan FFP per fleet site

Option Line Item - POP 03/01/2031 to 02/28/2033

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

93 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

693JF725R000004

00009 Inspection, audit, exercises FFP per fleet site

Option Line Item-POP 03/01/2031 to 02/28/2033

00010 TTX exercises FFP per site

Option Line Item - POP 03/01/2031 to 02/28/2033

00011 Training sessions and drills FFP per session

Option Line Item-POP 03/01/2031 to 02/28/2033

00012 SMT cost reimbursable

Option Line Item - POP 03/01/2031 to 02/28/2033

00013

OPTION PERIOD TWO of 03/01/2033 – 02/28/2035:

Vessel response plan FFP per vessel

Option Line Item - POP 03/01/2033 to 02/28/2035

00014 Tactical response plan FFP per fleet site

Option Line Item - POP 03/01/2033 to 02/28/2035

00015 Inspection, audit, exercises FFP per fleet site

Option Line Item- POP 03/01/2033 to 02/28/2035

00016 TTX exercises FFP per site

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 93

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

693JF725R000004

Option Line Item - POP 03/01/2033 to 02/28/2035

00017 Training sessions and drills FFP per session

Option Line Item - POP 03/01/2033 to 02/28/2035

00018 SMT cost reimbursable

Option Line Item - POP 03/01/2033 to 02/28/2035

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

Sponsored by GSA

FAR (48 CFR) 53.110

U.S. Department of Transportation, Maritime Administration Services of a Spill Management Team to manage the clean-up activity in the event of an Oil Spill from MARAD-owned vessels RFP No. 693JF725R000004

1.0 Introduction

The Maritime Administration, U.S. Department of Transportation (MARAD) requires the services of a Spill Management Team (SMT) to manage the clean-up activity in the event of an Oil Spill from MARAD-owned vessels of the RRF, RRF-like vessels, School ships, and vessels for which MARAD has either title or custody, such as, but not necessarily limited to, vessels departing a MARAD National Defense Reserve Fleet (NDRF) site for a shipyard or ship recycling facility or Title XI vessels returned to MARAD that are located at a non-MARAD site at time of turnover to MARAD.

Section C. Statement of Work

C.1 OBJECTIVE

MARAD requires the Contractor to, as more fully detailed below, perform the following tasks: (i) prepare vessel response plans for each Vessel; (ii) prepare tactical response plans for Fleet Sites; (iii) inspect, audit, and test Vessels and National Defense Reserve Fleet (NDRF) Fleet locations for readiness; (iv) conduct up to six training sessions and drills per year for MARAD field personnel as requested by the Contracting Officer’s Representative (v) arrange and participate in tabletop oil spill response exercises; and (vi) provide the service of a Spill Management Team (SMT) to manage the clean-up activity in the event of an Oil Spill from a Vessel or a Fleet Site. Currently, the Vessels are non- tank vessels, but MARAD reserves the right to add tank vessels in the future. Most Vessels are not operating but are to be maintained in a status to be ready for expedited operation.

Vessels are operated as required on missions or to test for readiness.

CLIN STRUCTURE

The Contractor is to provide the services of a SMT to manage the clean-up activity in the event of an Oil or Hazardous Material Spill at a MARAD (NDRF site or from MARAD-owned vessel of the Ready Reserve Force (RRF), NDRF, Special Mission ships, training ships, National Security Multi-Mission Vessels (NSMV) and RRF-like vessels for which MARAD has either title or custody in accordance with the Section C - Statement of Work.

During the six-year base period of 03/01/2025 to 02/28/2031 the Contractor shall provide Spill Management Team planning services and a vessel response plan update (up to two per year); Conduct inspections, audits, and tests at NDRF locations or vessels (Up to three per year) in accordance with IAW Section C - Statement of Work with the following Contract Line Items (CLIN):

CLIN 00001 Vessel response plan – FFP per vessel

CLIN 00002 Tactical response plan – FFP per fleet site

CLIN 00003 Inspection, audit, exercises – FFP per fleet site

CLIN 00004 TTX exercises – FFP per site

CLIN 00005 Training sessions and drills – FFP per session

CLIN 00006 SMT – cost reimbursable

During Option Period One of 03/01/2031 – 02/28/2033 the Contractor shall provide Spill Management Team planning services and a vessel response plan update (up to two per year). Conduct inspections, audits, and tests at NDRF locations or vessels (Up to three per year) in accordance with Section C - Statement of Work with the following CLINS:

CLIN 00007 Vessel response plan – FFP per vessel

CLIN 00008 Tactical response plan – FFP per fleet site

CLIN 00009 Inspection, audit, exercises – FFP per fleet site

CLIN 00010 TTX exercises – FFP per site

CLIN 00011 Training sessions and drills – FFP per session

CLIN 00012 SMT – cost reimbursable

During Option Period Two of 03/01/2033 – 02/28/2035 the Contractor shall provide Spill Management Team planning services and a vessel response plan update (up to two per year. Conduct inspections, audits, and test on at NDRF locations or Vessels (up to 3 per year) in accordance with Section C - Statement of Work with the following CLINS:

CLIN 00013 Vessel response plan – FFP per vessel

CLIN 00014 Tactical response plan – FFP per fleet site

CLIN 00015 Inspection, audit, exercises – FFP per fleet site

CLIN 00016 TTX exercises – FFP per site

CLIN 00017 Training sessions and drills – FFP per session

CLIN 00018 SMT – cost reimbursable

C.2 DEFINITIONS

2.1. “ACO” refers to Administrative Contracting Officer. The “ACO” is the contracting officer who is administering contracts.

2.2. ADCON” means administrative control, including the authority to take all necessary actions with respect to vessel activation, crewing, training, logistics support, equipping, maintenance, and repair of funded requirements to support vessel readiness.

2.3. “DOD” means Department of Defense.

2.4. “EPA” means Environmental Protection Agency.

2.5. “Federal Entities” means Federal agencies and their instrumentalities, including, but not limited to USCG, DOD, National Oceanic and Atmospheric Administration, and the Department of Interior and Federal Trustees for sanctuaries or otherwise.

2.6. “Fleet Site” or “Fleet Sites” means the NDRF fleet sites identified on Attachment J-3.

2.7. “FTR” means Federal Travel Regulations.

2.8. “Hazardous Substance” means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. § 5103).

2.9. “ICS/UCS” means Incident Command System/Unified Command System.

2.10. "NDRF” means the National Defense Reserve Fleet.

2.11. “NPREP” means the National Preparedness for Response Exercise Program.

2.12. “Oil” means liquid hydrocarbons regardless of specific gravity, of any kind or in any form, including, but not limited to, petroleum, fuel oil, crude oil, sludge, oil refuse, hydraulic oil, lube oil, and oil mixed with wastes other than dredged spoil.

2.13. “Oil Spill” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of Oil or any Hazardous Substance or a reasonable threat of a discharge of Oil or any Hazardous Substance from a Vessel, into or upon navigable waters, including geographically adjacent locations, either on land or water, including shoreline, that may be affected by the Oil Spill, anywhere in the world.

2.14. “OPA 90” means Oil Pollution Act of 1990, 33 U.S.C. § 2701 et. Seq.

2.15. “OPCON” means operational control.

2.16. “OSRO” means Oil Spill Removal Organizations.

2.17. “PCO” refers to Procuring contracting officer. If the same individual will serve as the contracting officer for the pre-award and post-award functions, then there is no distinction between PCO/ACO.

If the Contracting Officer will change then the terminology PCO/ACO may become applicable.

2.18. “SMT” means Spill Management Team.

2.19. “Tactical Response Plan” means the tactical response plan described in C.5.

2.20. “SOMO” means Ship Operations and Maintenance Officer.

2.21. “USCG” means United States Coast Guard.

2.22. “Vessel” or “Vessels” means MARAD-owned vessels of the NDRF. The Vessels are identified on Attachment J-1. MARAD may modify Attachment J-1 from time to time by adding or deleting Vessels.

2.23. “Vessel Response Plan” means the vessel response plan meeting the requirements set forth in

C.3 LEGAL STATUS OF MARAD, VESSELS, SHIP MANAGERS, AND GENERAL AGENTS

3.1. MARAD is an agency of the United States Government. Vessels owned by MARAD are required to be placed in the NDRF. 46 U.S.C. § 57101(a). NDRF vessels are public vessels of the United States. See 46 U.S.C. § 57100(a). Public vessels are protected from suit by the principles of sovereign immunity that applies to property owned by the United States Government.

3.2. Any lawsuit against MARAD, its general agents, ship managers, and Vessels arising out of the operation of the Vessels is governed by the principles of sovereign immunity. Such lawsuits must be brought in conformity with statutory waivers of sovereign immunity, such as the Suits in Admiralty Act, 46 U.S.C. § 30901 et seq., the Public Vessels Act, 46 U.S.C. § 31101 et seq., the Admiralty Extension Act, 46 U.S.C. § 30101, the Federal Tort Claims Act, 28 U.S.C. §§ 1291, 1346, 1402, 2401, 2402, 2411, 2412, 2671-2680, and the Clarification Act, 50 U.S.C. § 4701, among others.

3.2.1 Under the Public Vessels Act and the Suits in Admiralty Act, MARAD’s ship managers and general agents are “agents” of the United States and exclusive jurisdiction for any legal actions in admiralty against such ship managers and general agents and their agents, servants, and employees is solely against the United States.

3.2.2 The Federal Tort Claims Act, the Admiralty Extension Act, and the Clarification Act, all require administrative claims be filed with MARAD before a lawsuit can be filed. See 46 C.F.R. Part 327; 46 C.F.R. Part 204.

3.2.3 The responsibility for deciding such claims is a sovereign function that will not be delegated by MARAD to the Contractor or an insurance provider. MARAD determines the validity of administrative claims.

3.3. Public vessels and the United States are not liable for their Oil Spills under OPA 90. Public vessels are not required to have USCG Certificates of Financial Responsibility Compliance. Neither the United States nor the Maritime Administration is a “responsible party” under OPA 90. Federal Entities cannot sue MARAD for any of their costs and damages, including those costs and damages arising out of Oil Spills. However, it is MARAD’s policy to take commercially reasonable action to protect against Oil Spills and their consequences.

MARAD complies with USCG requirements with respect to Vessel Response Plans.

3.4. All litigation against the United States acting through MARAD is required by law to be handled by the Department of Justice. Private counsel provided by an insurance provider will be acting as counsel for the United States and handling such litigation as monitored and approved by the Department of Justice. The Department of Justice will make the final decisions regarding the handling of such litigation.

3.5. Different parts of the United States may not sue each other. For example, the United States Coast Guard, which operates the Oil Pollution Insurance Fund, cannot sue MARAD for its clean-up costs or damages arising out of an oil spill from an NDRF vessel. However, MARAD has the responsibility to see that the United States Coast Guard is repaid for such costs.

C.4 VESSEL RESPONSE PLAN

4.1. On a firm-fixed price per Vessel basis, Contractor shall develop a Vessel Response Plan for each Vessel and shall comply with the requirements of this Section C.4.

4.2. Each Vessel Response Plan shall, at a minimum:

4.2.1 Satisfy the requirements of Regulation 37 of Annex I of the International Convention for the Prevention of Pollution, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78); 33 CFR Part 155 – Oil or Hazardous Material Pollution Regulations for Vessels, Subparts D, F. G, and J; and 33 U.S.C. § 1321(j)(5)(D) (collectively, “Statutes and Regulations”). The Vessel Response Plan shall comply with OPA 90 regulations to the maximum extent practicable.

4.2.2 Provide that the MARAD Qualified Individual shall be the SOMO or other individual designated by MARAD; and that in the event of an Oil Spill the SOMO shall notify the insurance provider(s) and shall have discretion to use his or her judgment to notify and engage the Contractor for SMT services.

4.2.3 Provide that MARAD has ADCON of a Vessel, and that MARAD shall be responsible for responding to an Oil Spill from such Vessel. The Vessel Response Plan shall address special military requirements while under Department of Defense OPCON, as provided by MARAD.

4.2.4 Include a process for reporting Oil Spills to the USCG National Response Center in compliance with USCG requirements and MARAD’s procedures attached as Attachment J-3.

4.2.5 Provide that the use of Lloyd’s Standard Form of Salvage Agreement when addressing salvage response is not authorized and shall reflect the use of Navy Supervisor of Salvage and Diving (SUPSALV) as the salvor for MARAD.

4.2.6 Provide that the use of dispersants, surface collecting agents, or biological additives shall require coordination with the proper federal authorities; and shall address such coordination process.

4.2.7 Include training requirements and exercises that are consistent with the NPREP.

4.2.8 Include responses to Oil Spills occurring in any geographical area around the world.

4.2.9 Reflect that in the event of an Oil Spill, the Contractor shall provide (a) an SMT that shall include individuals experienced in responses to Oil Spills, in sufficient numbers, needed to promptly address the Oil Spill and (b) an experienced liaison officer as SMT leader to work with the On-Scene USCG or EPA Coordinator, as applicable.

4.2.10 Recognize that different insurance providers and plans cover different vessels and the notice to such providers will differ depending on the Vessel. MARAD will provide Sor with information regarding all existing insurance coverages with respect to the vessels. Presently, the Vessels are covered by three different insurance providers.

4.2.11 Identify the entities with which Contractor has existing arrangements for vessel response services.

4.3. Contractor shall submit each Vessel Response Plan to MARAD for its review and approval.

Contractor shall then submit each MARAD approved Vessel Response Plan to the required offices of the USCG and obtain approval from the USCG. Contractor must provide the COR with a copy of each Vessel Response Plan submission to the USCG and copies of all correspondence relating to the Vessel Response Plan, including the letters of approval.

4.4. Contractor shall coordinate with the USCG for an annual review of the Vessel Response Plans and shall update the Vessel Response Plans as required by the USCG and the Statutes and Regulations. Contractor shall submit each updated Vessel Response Plan to MARAD for its review and approval. Contractor shall then submit each MARAD approved updated Vessel Response Plan to the required offices of the USCG and obtain approval from the USCG. Contractor must provide the Contracting Officer’s Representative (COR) with a copy of each updated Vessel Response Plan submission to the USCG and copies of all correspondence relating to the updated Vessel Response Plan, including the letters of approval.

4.5. Contractor shall maintain a publicly accessible website on which it shall upload all current Vessel Response Plans in effect and approval letters.

4.6. Contractor shall perform twice yearly updates on the Vessel Response Plans, at times determined by the COR.

4.7. MARAD may add or remove Vessels to or from this contract. Contractor shall be entitled to its firm fixed price for each Vessel added to Attachment J-1 after the award of this Contract. MARAD may remove Vessels from Attachment J-1 after the award of this Contract without incurring any additional charges from Contractor.

C.5 TACTICAL RESPONSE PLAN

5.1. When requested by MARAD, the Contractor shall, on a firm-fixed priced per Fleet Site basis, visit a Fleet Site and develop a Tactical Response Plan for such Fleet Site. Travel to each Fleet Site shall not be a reimbursable expense and shall be included in the Contractor’s firm-fixed price.

5.2. Each Tactical Response Plan shall include a plan to respond to Oil Spills at a Fleet Site, landside and in the water, including without limitation procedures, notifications, resources, timing, personnel, and Fleet Site conditions.

5.3. At MARAD’s request, Contractor shall submit a cost proposal to review and update a Tactical Response Plan. Contractor shall be solely responsible for its costs incurred in performing any review and/or update to any Tactical Response Plan prior to receiving the written approval of the Contracting Officer to proceed with any such review and/or update.

C.6 INSPECTION, AUDIT, AND EXERCISES

6.1. When requested by MARAD, the Contractor shall, on a firm-fixed price per Fleet Site visit, conduct equipment exercises, Oil Spill readiness auditing, and inspections at each Fleet Site in conjunction with USCG and State Environmental authorities. The firm fixed price assumes one individual working up to six hours per day with travel expenses reimbursed in accordance with Section 6.2.

6.2. Travel to a Fleet Site from a location in the United States shall be in accordance with the FTR and be reimbursed by MARAD. Contractor shall provide MARAD an estimate of the travel costs in advance. Attending and executing inspections, audits, and exercises shall occur only once MARAD has approved and obligated (provided funds in the budgeting process), in advance, the costs of attending and executing such inspection, audit, and exercise including travel costs.

C.7 TABLETOP EXERCISES

7.1. When requested by MARAD, the Contractor shall, on a firm fixed price per exercise basis, carry out tabletop exercises (TTX) at Area Division RRF and outport locations (attached hereto as Attachment J-4; such locations to be updated from time to time), the three NDRF Fleet Sites (attached hereto as Attachment J-3); and MARAD Headquarters. At the direction of MARAD and with Contractor concurrence, two or more of these exercises may be combined, when circumstances warrant and it involves specific MARAD organization(s) that would normally be involved in a scheduled individual TTX, where the combined exercise is being held. TTX events shall be conducted utilizing the most recent NPREP guidelines. The firm fixed price assumes one individual working up to six hours per day with travel expenses reimbursed in accordance with Section 7.2

7.2. Travel to a TTX from a location in the United States shall be in accordance with the FTR and reimbursed by MARAD. Contractor shall provide MARAD an estimate of the costs of carrying out each tabletop exercise including travel costs in advance. Attending and executing a TTX shall occur only once MARAD has approved and obligated (provided funds in the budgeting process), in advance, the costs of attending and executing such TTX including travel costs.

C.8 SPILL MANAGEMENT TEAM

8.1. When requested by MARAD, the Contractor shall provide, on a cost-reimbursable basis, the services of an SMT which shall be responsible for organizing, managing, and completing the containment, clean-up, removal and disposal activities for an Oil Spill occurring anywhere in the world.

8.1.1 The Contractor shall have in place or be able to arrange, without delay, contracts with subcontractors to provide the required services as part of its SMT process, including but not limited to, containment, clean up, removal and disposal services, public relations services, legal services, OSRO services, and cost accounting for all participating personnel and equipment utilized. As part of its proposal, Contractor should provide MARAD with lists of the entities with which Contractor has existing arrangements for vessel response services. In lieu of arranging contracts with subcontractors, Contractor may utilize its own employees to provides services as part of the SMT responding to Oil Spills. If that is how Contractor proposes to address an Oil Spill, Contractor’s proposal should reflect that approach. The SMT shall be able to work on a worldwide basis and be available to called up into at least initial action within two hours’ notice by MARAD in the event of an Oil Spill. The central purpose of the SMT shall be managing MARAD's Vessel Response Plans and addressing Oil Spills. It is recognized that in the event of an Oil Spill, time is of the essence in responding.

8.1.2 Subcontracted services shall be performed at firm fixed price amounts, wherever commercially practicable. Such services shall be obtained commercially by the Contractor to provide the best value to the Government. Where the subcontracting services cannot be performed at firm fixed price amounts (e.g., where the quantity or duration of the services cannot be known in advance or the firm fixed price methodology for the service sought), the Contractor shall use other authorized or commercially acceptable contractual vehicles such as "time and materials" contracts or "fixed rate" contracts.

8.1.3 The Contractor shall provide ICS/UCS staffing consistent with the requirements of the situation to which the Contractor is responding. Those personnel filling the key positions in the ICS/UCS, namely the On-Scene-Commander, Operations Section Chief, Planning Section Chief, Logistics Section Chief, Financial Administration Section Chief, Information Officer, Safety Officer and Legal Representative must have explicit and substantial experience in their respective ICS roles.

8.1.4 The leader of the SMT shall coordinate the Oil Spill containment, clean up, removal and disposal with the On-Scene USCG, EPA or other US Government coordinator, as applicable.

8.1.5 The Contractor shall coordinate the Oil Spill containment, clean up, removal and disposal with MARAD’s insurance providers, SOMO and Fleet Site superintendents, MARAD ship managers and general agents, other government agencies, attorneys, contractors, adjusters, and other parties, as necessary.

8.1.6 MARAD personnel assigned to each Area Division (AD) designated as the Qualified Individual (QI) or Alternate Qualified Individual (AQI) are authorized to notify and activate the Oil Spill Management Team Contractor in the event of an oil spill in the not-to-exceed amount of $300,000.00 per incident. The $300,000 funding will be included in the Contract upon award for use by the QI or AQI during the period of performance. As needed MARAD will provide funds to ensure the $300,000.00 is available for use in the event of an oil-spill.

8.1.7 Contractor shall provide MARAD with the estimated costs of the SMT for the Oil Spill response, as well as the names, qualifications, and hourly rates for such individuals who will be on the SMT and the initial duration for which the SMT is estimated to be needed.

All SMT travel shall be in accordance the FTR, and such travel costs shall be included in Contractor’s cost estimates. SMT costs shall be reimbursable, but only to the extent such costs are preapproved or ratified by MARAD and MARAD has obligated funds for such costs. An exception to the foregoing rule of the need for MARAD approval and funds obligation before incurring SMT costs shall exist where MARAD’s oil pollution insurance provider agrees to pay such costs. In which case, the funds shall come from the insurance provider and not MARAD unless MARAD’s contracting officer agrees otherwise.

Throughout the Oil Spill response by the SMT, Contractor shall continuously provide MARAD estimates of SMT costs incurred.

8.1.8 SMT Legal Support.

8.1.8.1 Private Counsel. The Contractor shall provide MARAD the name of an independent third-party attorney or law firm to represent MARAD's interest in the event of an Oil Spill. Such counsel must be available to work with the On-Scene-Commander, MARAD, and the SMT during the clean-up of an Oil Spill. Such counsel must be experienced in Oil Spill litigation.

8.1.8.2 Department of Justice and Litigation. In the event of litigation, litigation against MARAD and its agents, this litigation is against the United States. The conduct of such litigation against the United States is the responsibility of the Department of Justice.

8.2. The USCG is charged with monitoring Oil Spill cleanups within U.S. navigable waterways and is empowered by law to take over any cleanup operation they judge to be inadequate, and incur whatever costs are necessary to effect cleanup. MARAD will be administratively responsible for the total cost of a USCG managed cleanup. If, in the judgement of MARAD authorized responsible personnel, a situation of this nature is developing or has developed, MARAD reserves the right to relieve or terminate the Contractor, including subcontractors, for non- performance, or direct the Contractor or subcontractor to cease work; provided, however, that nothing herein shall limit, restrict, or otherwise affect MARAD’s rights under other clauses contained in or applicable to the contract.

8.3. In the event that a discharge occurs from a Vessel covered under this contract that requires SMT response outside of U.S. Coast Guard jurisdiction, and the empowered governmental body deems the cleanup operation to be inadequate, with U.S. Government concurrence, then MARAD reserves the right to relieve or terminate the Contractor, including subcontractors, for non- performance, or direct the Contractor or subcontractor to cease work; provided, however, that nothing herein shall limit, restrict, or otherwise affect MARAD’s rights under other clauses contained in or applicable to the contract

C.9 TRAINING SESSIONS AND DRILLS

9.1. When requested by MARAD, the Contractor shall, on a firm fixed price per session basis, carry out annual training or drill sessions at the three Area Divisions, RRF outport locations, three Fleet Sites or MARAD Headquarters The firm fixed price assumes 1 individual working up to 6 hours per day with travel expenses reimbursed in accordance with Section 9.2.

9.2. Travel to a training or drill location the United States shall be in accordance with the Federal Travel Regulations and reimbursed by MARAD. Contractor shall provide MARAD an estimate of the travel costs in advance. The training/drill shall occur only once MARAD has approved and obligated (provided funds in the budgeting process), in advance, the costs of attending and executing such training/drill including travel costs.

C.10 NOTIFICATION PROCEDURES

10.1. MARAD will provide verbal notification through the SOMO or designee to the Contractor of any Oil Spill occurring regardless of the dollar amount of the incident.

10.2. MARAD, initially through the SOMO, shall verbally notify Contractor if it requires SMT services for any Oil Spill. The Contractor is authorized to act upon receipt of such verbal notification that

MARAD requires SMT services. MARAD will follow up such verbal notification with written notification from the Contracting Officer via facsimile, electronic mail, or other electronic means of communication, within 24 hours of the Oil Spill occurring.

10.3. It is the responsibility of MARAD to notify the insurance providers when an Oil Spill occurs, however, Contractor shall be required to provide regular updates and reports on the Oil Spill to the insurance providers.

C.11 CONTRACTOR EXPERTISE AND TURNOVER

11.1. The Contractor is considered to be the subject matter expert on oil spill response and readiness. MARAD is relying on the expertise in preparing for and responding to Oil Spills.

11.2. MARAD requires a seamless continuity of operations with minimum disruption. Both incoming and outgoing contractors, if they are different entities, are expected to be prepared to cooperate fully with each other and MARAD to ensure seamless continuity of operations. The Contractor shall prepare and submit to the COR an itemized turnover procedure and schedule, including TTX scenarios, at least fourteen (14) days prior to the expiration of the contract.

11.3. A turnover briefing between the incumbent contractor, incoming contractor, and MARAD, shall be conducted within fourteen (14) days after contract award, at MARAD Headquarters.

C.12 SUPPLEMENTAL GROWTH (LABOR, MATERIALS, SUBCONTRACTORS)

12.1. It is the intent of the parties for the Contractor to provide additional labor (contractor and/or subcontractor labor) and materials, if authorized, to address emergent work which the government deems necessary for MARAD to fulfill its responsibilities with respect to the prevention, preparation, training, exercises, and responses of, to, and for Oil Spills and Oil Spill cleanup. This emergent work may or may not be directly related to the work listed above.

12.2. The Contractor shall provide all labor, materials, equipment, and services to accomplish any emergent work identified and ordered by MARAD.

12.2.1 These emergent requirements shall be identified by the Contracting Officer (CO) and communicated to the Contractor. The CO may issue a Change Order to the Contractor to perform the emergent work. The Contractor shall be entitled to additional compensation provided the requirements of any applicable contract clause providing for additional Contractor compensation are satisfied.

12.2.2 Supplemental Material and Subcontractor Services: Supplemental materials are materials procured and provided by the Contractor. Subcontractor Services include both subcontractor labor and materials provided by subcontractors. All costs for supplemental materials and supplemental subcontracted services shall be a pass-through cost without any increase by the Contractor. (NOTE: Labor which the Contractor provides, using their own personnel, to procure and deliver supplemental materials aboard the ship or in support of subcontracted services, is considered Supplemental Labor). All material and supplemental subcontracted labor/services shall be supported by hard copies of vendor quotations, paid invoices and/or receipts, if requested by the COR.

Section D. Packages and Marketing

(None)

Section E. Inspection and Acceptance

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov/far/

E.2 DELEGATION OF AUTHORITY FOR INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative shall be delegated the responsibility and authority to conduct inspection and acceptance duties for this contract.

E.3 PLACE OF INSPECTION AND ACCEPTANCE

Inspection will be performed at the point of delivery set forth in Section F. Acceptance will be performed at the points of delivery set forth in Section F.

E.4 INSPECTIONS

(A) The Government or other persons authorized by the Government, at its expense, shall have the right to inspect at any time, upon reasonable notice to the Contractor, and to jointly survey the facility to ascertain its material condition and to perform other contract quality assurance functions as deemed necessary and appropriate by the Government.

Inspections of lube oil records, technical documentation, and operating procedures shall be conducted from time to time to verify that accomplishment of services meet the requirements of this contract.

(B) Except as specified in paragraph (c) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(C) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise granted in writing by him or included as part of this contract.

Clause Title Date 52.246-4 Inspection of Services - Fixed Price August 1996 http://acquisition.gov/far/ http://acquisition.gov/far/

E.5 FINAL ACCEPTANCE

Final acceptance of all services provided under this contract shall be made only upon certification of the Final Invoice as defined in the invoicing provisions contained in Section G. Such certification shall be made by the Contracting Officer or the designated representative.

Section F. Deliveries or Performance

F.1 PERFORMANCE

Performance may be needed at various ships around the continental United States.

F.2 EFFECTIVE DATE OF AWARD AND PERFORMANCE PERIOD

(A) The effective date of award is the date of the contract execution by the Procuring Contract Officer

(PCO).

(B) Performance shall commence on the date provided in the Notice to Proceed (NTP).

(C) The period of performance will be a base period of 72 months or 6 years and two option periods of 24 months each. The total maximum period of performance under this contract shall not exceed ten years or 120 months, plus an additional 6-month extension, if authorized pursuant to FAR 52.217-8, Option to Extend Services (NOV 1999), for a maximum period of performance of 126 months. The option periods will each be exercised at the sole discretion of the Government.

Section G. Contract Administrative Data

G.1 INVOICE REQUIREMENTS - 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 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 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:

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

2. 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) event of a defective invoice.

(vi) 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.

(vii) 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).

Name (where practicable), title, phone number and mailing address of person to notify in the 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.

(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/get-started/overview/

(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 http://www.login.gov/ http://www.login.gov/ http://www.login.gov/ http://www.login.gov/ http://www.login.gov/ https://login.gov/help/get-started/overview/ 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

Point of Contact:

Contracting Officer: Denise Clarke - denise.clarke@dot.gov

Technical Point of Contact:

Primary: Brian Blower: Brian Blower - brian.blower@dot.gov

G.2 DIRECTIONS BY GOVERNMENT PERSONNEL

(A) Except as specified in Paragraph B below, no order, statement, or conduct of government personnel who visit the facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(B) The Contractor shall not comply with any order, direction, or request of Government personnel that it considers to be outside the scope of the contract, unless issued in writing and signed by the PCO or ACO, or as otherwise directed by this contract. The Contractor shall notify the PCO/ACO of any request deemed outside the scope of this contract.

G.3 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(A) The PCO/ACO may designate Government personnel to act as the COR to perform functions under the contract, such as review and/or inspection and acceptance of services.

(B) The PCO/ACO cannot authorize the COR, or any other representative, to sign documents (i.e.

contracts, contract modifications, etc.) that require the signature of the CO.

http://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ http://einvoice.esc.gov/ mailto:brian.blower@dot.gov

(C) The COR may request the appointment of Assistant Contracting Officer Representatives (ACOR) by the ACO. Such written requests shall be made to the respective ACOs, or in the case of headquarters personnel, to the PCO. ACOR/CORs shall be appointed in writing by the PCO/ACO, and a copy of this appointment letter provided to the Contractor. The appointment letter shall specify the name, inclusive dates, and specific limits to the authority of that person appointed.

G.4 DUTIES OF THE CONTRACTING OFFICER’S REPRESENTATIVE

(A) The COR is responsible for monitoring the assigned technical aspects of the contract and acts as the technical liaison with the Contractor.

(B) Except as stated elsewhere, the COR is not authorized to make any commitments or otherwise obligate the Government for any changes which affected the contract price, terms, or conditions.

Any Contractor request for changes shall be referred to the ACO directly or through the respective MARAD COR. No such changes shall be made without the prior authorization of the PCO.

(C)The COR may be changed by the Government at any time, and notification of the change shall be provided in writing to the Contractor by the ACO or PCO.

Section H. Special Contract Requirements

H.1 DUPLICATION OF EFFORT

The Contractor hereby certifies that cost for work to be performed under this contract and any subcontract hereunder are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The Contractor will include the provisions of this paragraph in every subcontract issued hereunder which exceeds $2,500.00. The Contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract.

H.2 CONTRACT NOT AFFECTED BY ORAL AGREEMENT

No oral agreement of any person shall modify or otherwise affect the Scope of Work or other terms and conditions, as herein stated. All modifications shall be in writing by the Contracting Officer.

H.3 ORGANIZATIONAL CONFLICT OF INTEREST

(A) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that all such relevant information has been disclosed.

(B) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the ACO. This disclosure shall include a description of actions the Contractor has taken or proposes to take, after consultation with the ACO, to avoid, mitigate, or neutralize the actual or potential conflict.

Section I. Contract Clauses/General Provisions

COMMERCIAL CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far Clause Title Date 52.204-7 System for Award Management Oct 2018 52.204-13 System for Award Management Maintenance Oct 2018 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services Nov 2023

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Products and Commercial Services (Nov 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial…