Tug Services BPA Terms and Conditions 01.18.22.pdf

SBRF Tug Services BPA Terms and Conditions Page 1

BPA TERMS AND CONDITIONS

Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket purchase agreements (BPAs), the BPA Holder agrees to the following terms and conditions and ordering procedures of this BPA Exclusively with the US Department of Transportation (DOT), Maritime Administration

(MARAD).

1.0 DESCRIPTION OF AGREEMENT

The BPA holder shall provide tug services to the Suisun Bay Reserve Fleet (SBRF) located in Benicia, California in accordance with the Performance Work Statement (PWS), dated January 18, 2022, if and when requested by the Contracting Officer within the maximum ordering threshold and aggregate BPA ceiling amount as specified below.

2.0 PERIOD OF PERFORMANCE

The period of performance for this BPA is three (3) years, with no optional performance periods. Each Call Order issued under this BPA will specify a period of performance for the order.

3.0 PRICING

3. 1 BPA PRICING

The BPA will establish hourly rates for tug services that are applicable for each year. The hourly rate includes all of the following items: tug boats, fuel, crew, person-in-charge (PIC) as necessary, and insurance required. Pricing for call orders shall not exceed the established BPA hourly rates applicable for each year. Proposed rates, once accepted by the Government and incorporated into an awarded BPA, cannot be adjusted upward during the life of the BPA.

3.2 PILOT SERVICES

For intra-fleet ship moves listed in Section 3.1 of the PWS, the contractor shall arrange for San Francisco Bar Pilot services. The San Francisco Bar Pilot services will be reimbursed as Other Direct Costs (ODCs). The Government will provide a not-to-exceed ceiling for ODCs for each BPA Call Order that requires San Francisco Bar Pilot services. ODCs will be billed based on actual costs. Handling rates and/or fee/profit are not authorized and shall not be applied to ODCs. All ODCs which exceed $200.00 shall be supported by hard copies of vendor quotations, paid invoices and/or receipts, with the invoice submission.

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3.3 ADDITIONAL DISCOUNTS

Additional discounts may be sought at the Call Order level. In response to individual call order Request for Quotations (RFQs) issued under this BPA, the Contractor may (but is not required

to) quote additional discounts from the established BPA rates incorporated at award.

3.4 CALL ORDER PRICING

Call order pricing will consist of the following elements:

• hourly rate for each tug not to exceed the BPA holder’s established BPA rates

• total price for each tug to perform the work based on the number of hours anticipated from portal to portal

• not to exceed price for pilot services, if applicable

• not to exceed price for the entire job based on the items above

The total price for each tug includes transit time to and from the SBRF site, referred as “portal to portal,” beginning with the time when tug either departs its home berth or leaves a prior job to transit to the SBRF site and will continue until the tug departs from the SBRF site and either arrives at its home berth or its next assignment. The Government will identify the maximum number of anticipated hours on-site for the job.

Services will be billed based on the actual time expended from portal to portal, prorated to nearest quarter hour, utilizing the hourly tug rate.

4.0 EXTENT OF OBLIGATION

This BPA does not obligate any funds. Funds will be obligated by the placement of individual call orders. The Government is only obligated only to the extent of orders placed under the established BPA by personnel authorized to do so.

5.0 PURCHASE LIMITATION

All call orders issued over the life of the multiple award BPAs, when combined, shall not exceed $500,000.00. The Government will monitor the BPA to ensure that no additional call orders are placed once the ceiling threshold is reached.

Each BPA Call Order shall not exceed $50,000.00.

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6.0 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA

The following individual(s) is hereby authorized to request for call order pricing and place Call Orders under this BPA:

All warranted contracting officers within the US Department of Transportation (DOT), Maritime Administration (MARAD), Office of Acquisition.

In addition to the individuals listed above, the following individual(s) is hereby authorized to request for call order pricing under this BPA:

Joe Pecoraro Fleet Superintendent US DOT Maritime Administration Suisun Bay Reserve Fleet Email: joe.percoraro@dot.gov Phone: (707) 747-7801 Cell: (415) 740-4934

7.0 CANCELLATION OF BPAs

MARAD reserves the unilateral right to cancel this BPA if it is determined to be in the best interest of the Government. This BPA is not a contract. The Contracting Officer (CO) may cancel the BPA upon a 30-day written notice to the BPA holder. The placement of orders under the BPAs is not guaranteed.

The cancellation of a BPA shall have no effect on a preexisting Call Order placed under the BPA.

A BPA holder’s obligation under an existing Call Order is not impacted by the cancellation of a

BPA.

8.0 INSURANCE REQUIREMENTS

a) General. During the full period of this BPA, Towing Service Provider (Owner) shall maintain, and shall have the insurance coverage listed below. A certificate of each policy of insurance shall be furnished to the Contracting Officer within ten (10) days after notice of BPA award and when requested.

(i) Broad Form Tower's Liability Insurance (including damage to the Tow) on each Tug performing under this Contract in the minimum amount of $5 million;

mailto:joe.percoraro@dot.gov

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(ii) Tower's Protection and Indemnity liability insurance on each Tug performing under this Contract in the minimum amount of $5 million;

(iii) Hull and Machinery Insurance on the Tug(s) performing under this BPA, in the minimum amount of $5 million.

b) Except as otherwise specifically provided herein, the Government shall not be liable for any loss, damage, calls, expense, cost, or liability whatsoever and howsoever incurred by the Owner or Tug, or which are imposed upon Owner or Tug by operation of law which is recoverable under any insurance carried by the Owner.

c) All policies required under this insurance section shall provide a 30-day prior written notice of cancellation to the U.S. Maritime Administration, Attn. Director, Division of Marine Insurance, 400 Seventh St. S.W. Washington D.C. 20590. All policies shall have a clause stating no recourse against the United States of America for payment of premium. The policy forms, amounts, terms and conditions and underwriters must be acceptable to the Maritime Administration.

d) The United States of America shall be named as an additional assured with waiver of subrogation under the Owner's Tower's Liability Policy, under the Hull and Machinery policy (and under the Increased Value policy if applicable), and under the Tug's Protection and Indemnity (P&I) entry. The naming of the United States on Owner's P&I policy shall be subject to the provisions of Owner's Privilege Clause, when such clause is substantially the same as Privilege Clauses standard in the industry.

e) The N.Y. Suable Clause or Service of Suit USA Clause must be confirmed for any Foreign underwriter placements.

9.0 ORDERING PROCEDURES

A Blanket Purchase Agreement is a “charge account” arrangement, between a buyer and a seller for recurring purchases of services. BPAs are not contracts and do not obligate Government funds in any way. A contract occurs upon the placement of a BPA call order from the US DOT, MARAD, Office of Acquisition and the BPA Holder’s acceptance of the BPA call.

The tug services will be provided on an as needed basis. BPA call orders issued under this BPA will be rotated among BPA holders to ensure fair opportunity. BPA call orders will be placed and awarded in succession to BPA holders, in alphabetical order. For example, Contractor A will

SBRF Tug Services BPA Terms and Conditions Page 5 receive the first BPA Call Order, Contractor B will receive the second BPA Call Order, Contractor C will receive the third BPA Call Order, and so on. If a BPA holder is not able to accept a Call Order, it will go to the next BPA holder in the rotation. For example, if Contractor A cannot accept the BPA Call Order, it will go to Contractor B. The next BPA Call Order will go to Contractor C, and so on. In the case of a cancelled Call Order, the next BPA Call Order will go to the same BPA holder. For example, if Contractor A was awarded a Call Order and the Call Order gets cancelled. The next BPA Call Order will go to Contractor A.

For each BPA Call Order:

• SBRF will develop a PWS describing the tug services to be accomplished, provide applicable drawings and diagrams, and identify the maximum number of anticipated hours on-site for the job.

• MARAD will send the RFQ to the applicable BPA holder in rotation described above.

• Depending on the job, a site visit or virtual meeting may be coordinated with SBRF to discuss requirements.

• The BPA holder provides pricing for the Call Order. If the pricing is determined to be fair and reasonable, the Contracting Officer will issue a Call Order to the BPA holder. If the BPA holder agrees to perform the work, the BPA holder provides acceptance of the Call Order by acknowledging receipt of the Call Order and providing acceptance via email to the Contracting Officer.

• In the case where the first selected BPA holder is not responsive, cannot perform the work, or does not provide acceptance of the Call Order, the Government will then select the next BPA holder in rotation as described above.

Although the Government does not anticipate discussions would be required during the BPA call order process, the Government reserves right to conduct discussions with the applicable BPA holder in rotation if later determined to be necessary.

9.1 CANCELLATION OF CALL ORDERS

The Government may cancel call orders without charge by the BPA holder provided notice is given to the BPA holder eight (8) hours or more in advance of the departure. If notice is given less than 8 hours in advance of departure from the tug’s home berth or current assignment, the Government will incur a charge equal to two (2) hours at the hourly rate established for the BPA Call Order.

10.0 COMPLETION TICKETS

Proof of service completion shall accompany all invoices and shall contain the following minimum information:

a) Name of supplier.

b) BPA number.

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c) BPA Call Order number.

d) Itemized list of supplies or services furnished.

e) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

f) Date service began and completed.

11.0 INVOICES

Invoice instructions will be provided in each BPA Call Order.

12.0 COVID-19 Contingency

BPA holders shall follow all COVID-19 guidelines established by MARAD and the Federal Government. Given the evolving nature of COVID-19 guidelines, the latest guidelines will be provided at the start of each BPA Call Order. MARAD will not reimburse the contractor for any expenses incurred to meet such COVID-19 guidelines or any expenses incurred for any reason related to COVID-19.

13.0 CLAUSES

[Applicable clauses from the solicitation will be incorporated at the time of BPA award]