Combined_synopsis-solicitation_W912BU20Q0001.pdf

COMBINED SYNOPSIS/SOLICIATION

W912BU20Q0001

MDC 3277 Murden Dry Dock Repairs U.S ARMY CORPS OF ENGINEERS, Philadelphia District

This is a combined synopsis/solicitation, W912BU20Q0001, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included with additional information for line item. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation.

Request for quotation (RFQ):

CLIN DESCRIPTION

0001 Murden Dry Dock Repairs

(See SOW and Quote Form)

FOB: Destination

Inspection and Acceptance: where work will be perform. See SOW.

Period of performance is ninety (90) calendar days after delivery of the vessel to Contractor’s yard. Vessel may be available on or around December 9, 2019.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06/09-10-2019. Clauses and Provisions are available on line at HTTP://farsite.hill.af.mil and https://www.acquisition.gov.

This solicitation is being competed as a 100% total small business set-aside under the NAICS Code of 336611- Ship Building and Repairing with a small business size standard of 1,250 employees.

FAR 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,500.00 per calendar day of delay.

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

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

http://farsite.hill.af.mil/ https://www.acquisition.gov/

(End of clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (DEVIATION 2018-O0021) (SEP 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(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 Subpart 4.7, Contractor Records Retention, of the 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 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.252-2 Clauses Incorporated by Reference FEB 1998

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

FAR 52.203-3 Gratuities APR 1984

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

DFARS 252.203-7003 Agency Office of the Inspector General AUG 2019

FAR 52.204-13 System for Award Management Maintenance OCT 2018

FAR 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems JUN 2016

FAR 252.204-7006 Billing Instructions OCT 2005

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

DFARS 252.225-7048 Export-Controlled Items JUNE 2013

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

DFARS 252.232-7010 Levies on Contract Payments DEC 2006

FAR 52.242-17 Government Delay of Work (Apr 1984)

DFARS 252-244-7000 Subcontracts for Commercial Items JUN 2013

DFARS 252-246-7008 Sources of Electronic Parts AUG 2016

(End of Clause)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

HTTP://farsite.hill.af.mil and https://www.acquisition.gov

FAR 52.204-7 System for Award Management OCT 2018

FAR 52.204-16 Commercial and Government Entity Code Reporting JUL 2019

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items OCT 2018

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

FAR 52.222-22 Previous Contracts and Compliance Reports FEB 1999

(End of Provision)

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ______has ______does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed viahttps://www.sam.gov (see 52.204-7).

(End of provision)

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (DEVIATION 2018-O0018)- ADDENDUM

Part (b) Submission of offers is replaced by language below.

Quote shall include the following (Quote Form):

1. Solicitation No.: W912BU20Q0001

2. Date/Name/POC: _________________________________________

3. Address/Telephone No: ________________________________

4. Cage Code, DUNS: _______________________________________

5. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). For vendors with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

6. In compliance with U.S.C. 7309 and 7310 and DFAR 225.7013, Restrictions on Construction or Repair of Vessels in Foreign Shipyards, the work performed under this contract shall not be performed in a foreign shipyard. The contractor shall provide the place of contract performance, and Master Agreement for Repair and Alteration of Vessels Contract Number in the Quote Form.

7. Additional requirements set forth in solicitation.

8. Price: Enter pricing in the Quote Form- Price Schedule Sheet. Unlock sheet Password: mdc3277

Part (c) Period for acceptance of offer replaces 30 calendar days with 90 calendar days.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

All other parts of this provision remain unchanged.

QUOTE SUBMITTAL INSTRUCTIONS:

*Pre-proposal vessel inspection is available on October 28, 2019. For additional information, see additional contract requirement below. Government Representatives on the vessel will NOT discuss the scope of the work, or make any technical clarifications or interpretations.*

**Questions must be submitted by October 31, 2019 NLT 5:00 PM EST to Maria.M.Figueroa- Gomez@usace.army.mil. Questions will be answered within 24 hours through an amendment. **

***Completed Quote Form with other require documentation shall be submitted electronically via FBO by November 5, 2019 before 11:59 PM EST***

Offeror shall submit its quote through the FedBizOpps (FBO.gov) system. The requirements and procedures for offer submission are found in the FBO Vendor User Guide located on the FBO webpage at:

https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf.

The quote submittal method used for this solicitation is the electronic response via document upload method.

The electronic proposal shall be Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader. Offerors shall bookmark and label each electronic PDF to afford easy identification from the proposal table of contents.

Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each quote. Propriety information shall be clearly marked. The use of hyperlinks in proposals is prohibited.

Offerors should enter a description for every file uploaded. For files over 10 megabytes (MB) the "Large Upload (JAVA)" button must be used. The combined file size limit for upload using "Large Upload (JAVA)" is 100MB. If needed, the Offeror can break single files over 100MB into smaller files or use the upload utility multiple times if files exceed the 100MB size limit.

Once the Offeror's quote is submitted, it can be systematically revised prior to the solicitation response deadline. Refer to Paragraph 4.3.2 of the FBO Vendor Guide titled "Reviewing / Editing an Electric Response" for detailed guidance on completing a revision to an electronic quote submission. Note: the FBO bid response system will send an email to the email address on file for the user confirming the electronic submission.

Note: the Offeror must be logged into the system to be able to submit / revise electronic responses.

For assistance and troubleshooting for the FBO electronic bid response system, contact the Federal Service Desk (FSD.gov). Phone: 866-606-8820 or Web Form (https://gsafsd.service-now.com/fsd-gov/login.do).

Do not assume submission will be instantaneous. File size and number of files to be uploaded will be factors to consider. Offeror/Teammate/Subcontractors should allow adequate time for submission completion because the entire proposal (i.e. Offerors submission and all Teammate/Subcontractor(s) independent submissions) must be received by the due date and time for the quote to be considered.

To avoid rejection of a quote, the Offeror must make every effort to ensure its electronic submission is virus-free. Proposals, or portions thereof, submitted with the presence of a virus or which are otherwise unreadable will be treated as unreadable pursuant to FAR 15.207(c).

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made to lowest price offer that meets specifications including terms and conditions, and past performance.

Price: Total Price of project plus Mileage Surcharge

A) Total Price at the bottom of Price Schedule Sheet.

B) Mileage Surcharge Evaluation Factor

The Dredge MURDEN’s current FY20 schedule has it operating in Southern Texas prior to entry into and upon departure from the shipyard. Offers will only be accepted from facilities along the Atlantic and Gulf Coasts of the United States of America from Bath, Maine to Brownsville, Texas.

1. Purpose: To aide in the evaluation of whether the total cost/price of award is in the best interest of the Government a surcharge will be assessed to reflect the cost of delivering the vessel to the contractor, and returning the vessel to Atlantic City, NJ upon completion of the work listed herein.

2. Application: All Offerers will have their proposal surcharged (calculated after receipt of all proposals) at $223 per nautical mile. The mileage between the vessel and the Contractor’s facility, will be based on U.S Department of Commerce Publication "Distance between United States Ports." with an appropriate adjustment for the actual operating location. The surcharge will be calculated by multiplying the mileage between the vessel and the Contractor’s facility and returning back to the vessel’s previous location, by $223 per nautical mile. The surcharge will then be added to the offerers’ total proposed price.

Technical: Scope of Work (SOW) including Master Ship Agreement and certifications.

A) Master Ship Agreement

Potential bidders shall have an existing “Master Ship Agreement” with the US Army Corps of Engineers, OR shall be capable of entering into such agreement in accordance with DFARS SUBPART 217.71-- MASTER AGREEMENT FOR REPAIR AND ALTERATION OF VESSELS. DFARS SUBPART 217.71 clauses are hereby incorporated in full force and effect.

B) Dry-Dock Certifications

Potential offeror(s) shall provide certification with proposal for dry-dock or tentative dry-dock(s) to be used to lift the vessel in accordance with SOW section SC-2. Dry-dock shall be certified for docking the plant of the dimensions and weight given by one of the following:

(a) US Navy, Naval Sea Systems Command

(b) American Bureau of Shipping (ABS)

(c) An independent registered Professional Engineer specialized in dry-docks, who shall cover the inspection requirements of item (a) or (b) above.

The Inspection Certificate shall be within three (3) years if the age of the dock is less than ten (10) years old and within two (2) years if the age of the dock is over ten (10) years old.

Floating dry-docks shall be one integral unit. The Government will allow the coupling of two rated docks to meet the load requirements of the plant, provided that the lifting plan used shall include provisions for ensuring integrity of the coupling in the event of foul weather. Linked dry-docks shall be certified as an entity.

C) Welder Certifications

Potential offeror(s) shall provide copies of the certifications of each welder the Contractor wishes to use for work in accordance with SOW section SC-8. All welding performed under this acquisition shall be accomplished only by welders who have successfully passed the qualification tests of ABS for the type of welding to be performed by each welder.

Past Performance: The Government will validate vendor(s) past performance information through Contractor Performance Assessment Reporting System (CPARS). Government will accept anything other than an “Unsatisfactory” rating in CPARS.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Additional contract requirement:

1- Pre-proposal vessel inspections is available for all prospective offerors. The pre-proposal inspections is scheduled for October 28, 2019, between the hours of 7:00 AM and 3:30 PM. Representatives of prospective offerors should contact Joen Petersen at (910) 251-4983 for the specifics of the exact location. Any change to schedule will be announce through notice amendment.

During the pre-proposal inspections, offerors will be allowed unencumbered access throughout the entire vessel. Representatives of the Government will be available, but only to the extent necessary to escort offerors and assist with access. Government Representatives on the vessel will NOT discuss the scope of the work, or make any technical clarifications or interpretations.

2- Firms who receive a Federal contract in excess of $30,000.00 are required by legislation to submit an annual VETS Report on your employment of targeted veterans. Information on submitting your report may be obtained by accessing the following internet web site: www.va.gov.

(End of Additional Requirements)

List of Documents, Exhibits, and Other Attachments:

Attachment 1: Statement of work (SOW)

Attachment 2: Quote Form (Quote and Price Sheets)

Attachment 3: Government Furnished Equipment (GFE)

Attachment 4: Murden Dry Dock Drawings & Manuals

(End of Documents, Exhibits, and Other Attachments)

*Pre-proposal vessel inspection is available on October 28, 2019. For additional information, see additional contract requirement above. Government Representatives on the vessel will NOT discuss the scope of the work, or make any technical clarifications or interpretations.*

**Questions must be submitted by October 31, 2019 NLT 5:00 PM EST to Maria.M.Figueroa- Gomez@usace.army.mil. Questions will be answered within 24 hours through an amendment. **

***Completed Quote Form with other require documentation shall be submitted electronically via FBO by November 5, 2019 before 11:59 PM EST***

Important Note: The official media for distribution of this RFQ is Federal Business Opportunities (FBO). It is the responsibility of the interested vendor(s) to register in FBO and monitor the notice for any amendments. Offers that fail to furnish required representations or information, take into account amendments, or reject the terms and conditions of the solicitation may be excluded from consideration.

http://www.va.gov/