A21 - AMD 0001 - (A) Combined Synopsis-Solicitation - DREDGE MERRITT - SHIPYARD REPAIR SERVICES - W912PM24Q0045_Conformed Copy - Final.pdf

W912PM24Q0045

Combined Synopsis/Solicitation – DREDGE MERRITT – SHIPYARD REPAIR SERVICES, WILMINGTON, NC

Solicitation Number: W912PM24Q0045. This solicitation is issued as an RFQ.

Solicitation Issue Date: 19 September 2024

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures. This combined synopsis/solicitation is being issued as a small business set-aside.

This solicitation is a Request for Quote (RFQ). This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-06 effective August 29, 2024. The associated North American Industry Classification System (NAICS) code for this procurement is 336611 with a size standard of 1,300 employees.

Description of Requirement: The Contractor shall provide labor, materials, and services to accomplish all the repairs, maintenance, and modification items listed in the Performance Work Statement (PWS), while dry-docked for up to ninety (90) days at the Contractor’s Shipyard.

The resulting award issued from this request will result in one award. Wage Determinations (WD) will be based on the Contractor’s place of performance. The WD that will be incorporated into the contract award will be the county where the work will take place. Determinations can be found on www.sam.gov. The Offeror is responsible for referring to the wage determination and applying it as applicable.

Site Visit: A site visit has been scheduled for:

Monday, 30 September 2024 at 9:00 AM ET.

Location: North Carolina Department of Transportation, Ferry Division (Shipyard) Address: 8550 Shipyard Road Manns Harbor, NC 27953

Point of Contact for the site visit:

The Port Captain will be on-site during the site visit, along with either the Captain or Chief.

JOEN PETERSEN, Port Captain 757-927-1297 joen.a.petersen@usace.army.mil

JAMES DEENEY, Captain 910-305-3584 james.d.deeney@usace.army.mil

TIM FEITH, Chief Engineer 910-251-4983 http://www.sam.gov/ mailto:joen.a.petersen@usace.army.mil mailto:james.d.deeney@usace.army.mil timothy.p.feith@usace.army.mil

During this site visit, offerors will be given the opportunity to see the Dredge Merritt. No questions will be answered during the site visit. Prospective offerors are requested to submit any written questions or inquiries to Rosalind M.

Shoemaker and Diana D. Curl via email. Inquiries should specify the section and paragraph of the RFQ for which clarification is desired.

The solicitation can only be changed by formal written amendment issued by the Contracting Officer. The duration of the site visit will be one (1) day only with no make-up dates allowed.

Please RSVP for the site visit to diana.d.curl@usace.army.mil and to rosalind.m.shoemaker@usace.army.mil not later than 25 September 2024, 4:00 P.M. EDT.

The following documents have been provided:

A21 – (A) Combined Synopsis-Solicitation – DREDGE MERRITT – SHIPYARD REPAIR SERVICES – W912PM24Q0045 – Final

A21 – (B) PWS_ME_COMMERCIAL_SHIPYARD

65 PWS Enclosures

QUESTIONS ARE DUE NOT LATER THAN 4:00 PM, ET, 10 October 2024.

QUOTES ARE DUE NOT LATER THAN 2:00 PM, ET, 22 October 2024.

SUBMIT QUESTIONS & QUOTES ELECTRONICALLY via email to BOTH diana.d.curl@usace.army.mil and rosalind.m.shoemaker@usace.army.mil .It is your responsibility to follow up and ensure quotes have been received by the Contract Specialist prior to the due date and time for quotes.

Quotes are due as specified on the solicitation document (as amended if applicable). The time & date of Quote receipt will be the delivery time & date recorded within the email submission as received by the individuals listed above. Do not assume that electronic communication is instantaneous. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process.

If an electronic submission is uploaded minutes before the deadline but the upload or transmission doesn’t complete until after the deadline, the submission will be considered late. Offerors are encouraged to keep a copy of the email “sent” and “receipt” verification confirmation for their record.

INSTRUCTIONS

Please read the instructions and all solicitation documents very carefully before submitting your bids.

All Quote Submission Packages must include the following items:

• Contractor pricing.

• Technical Proposal per clause 52.212-2 of the solicitation:

• Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote. Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

Evaluation of Award: 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. Issuance of award will be made to the lowest price offeror that is technically acceptable.

Price Quote and Technical Proposal: Each offeror must submit both a Price Quote and a Technical Proposal via email. See provision 52.212-2 within the solicitation for submittal requirements. No hard copies will be accepted or mailto:timothy.p.feith@usace.army.mil mailto:diana.d.curl@usace.army.mil mailto:diana.d.curl@usace.army.mil mailto:rosalind.m.shoemaker@usace.army.mil evaluated. Both the Price Quote and Technical Proposal must be received by the closing date and time set forth within the solicitation. In an effort to reduce paper and cost, all quotes shall be submitted electronically. All submissions shall be in Adobe PDF format and shall be on 8 ½ x 11 size pages in no less than 10 pitch or 10 fonts.

Offerors may use compression utility software such as WinZip or PKZip to reduce fie size and facilitate electronic transmission.

Title file(s) in the following format:

W912PM24Q0045_COMPANY NAME_PRICING

W912PM24Q0045_COMPANY NAME_TECHNICAL

SAM Registration: Each prospective awardee shall be registered and be active in the System for Award Management (SAM) database prior to award. If the Offeror does not become registered to receive contracts with an active Cage Code and show as active to receive contract awards in the SAM database in the time prescribed by the Contracting Officer (NLT due date/time of solicitation), the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling 866-606-8220, Monday – Friday from 8am – 8pm EST. On-line Representations and Certifications may also be filled out at this website.

The Government reserves the right to cancel this solicitation.

This announcement and written Request for Quote constitutes the only “Request for Quote” that will be made for this requirement.

https://www.sam.gov/portal/public/SAM/

INSTRUCTIONS CONTINUED

OFFEROR TO COMPLETE BLOCKS 3, 6, 7, 9, 10, and 11 as well as pricing on pages 6-7.

1. Issued By:

U.S. ARMY CORPS OF ENGINEERS

Attn: Rosalind Shoemaker and Diana Curl

69 Darlington Avenue

Wilmington, North Carolina 28403-1343

2. This Acquisition is a small business set-aside under NAICS Code 336611, size standard of 1,300 employees.

3. Discount Terms:

4. Method of Solicitation: RFQ

5. The Solicitation incorporates by reference FAR 52.212-1, 52.212-4, 52.212-3, and 52.212.5. Addenda are attached.

6. Contractor/Offeror:

COMPANY NAME:

COMPANY POC:

ADDRESS:

PHONE:

CAGE: UNIQUE ENTITY ID:

7. Total Price Base and All Option Years:

8. The Contractor Is Required To Sign This Document And Return 1 Copy The Issuing Office. The Contractor Agrees To Furnish And Deliver All Items Set Fort Or Otherwise Identified Above And On Any Additional Sheets Subject To The Terms And Conditions Specified Herein.

9. Signature of Offeror/Contractor:

10. Name and Title of Signer (Type or Print)

11. Date Signed:

CLIN

# DESCRIPTION QTY UNIT UNIT COST TOTAL COST

1 DOCKING SERVICES / LABOR (90

DAYS) 90 DAYS $ $

2 ARRIVAL TESTING AND

INSPECTIONS 1 JOB $ $

3 DEPARTURE SEA TRIALS 1 JOB $ $

4 GAS FREE SERVICES 1 JOB $ $

5 EXTERIOR PAINTING 1 JOB $ $

6 ANCHOR, CHAIN, & CHAIN

LOCKERS 1 JOB $ $

7 ANODES / ZINCS (110 TOTAL

ZINCS) 110 EACH $ $

8 FUEL TANK CLEANING 1 JOB $ $

ULTRASONIC TESTING WITH

REPORT AND MAP LAYOUT OF

WASTAGE

1 JOB $ $

10 CLEAN AND PAINT POTABLE

WATER TANK 1 JOB $ $

11 ELECTRICAL MAINTENANCE 200 HOURS $ $

12 PUMP-OUT AND CLEAN BILGES 1 JOB $ $

13 REPLACE WIRE ROPE ON FWD

MULTIPURPOSE CRANE 1 JOB $ $

14 BLAST, CLEAN AND PAINT

MAIN CRANE ROOM 1 JOB $ $

REPLACE FIRE MAIN PIPING,

PUMP DISCHARGE TO THE

DOWN LINE AND THE FIRE

MAIN OVERBOARD VALVE

1 JOB $ $

16 FIRE SUPPRESSION SYSTEM

SERVICE 1 JOB $ $

17 MECHANICALLY CLEAN AND

PAINT RUDDER LOCKER 1 JOB $ $

OPTION – MAIN DECK

BULWARK VERTICAL

STIFFENERS (NTE $190K)

38 EACH $ $190,000.00

19 OPTION – ADDITIONAL ENGINE

REPAIRS (NTE $100K) 1 JOB $100,000.00 $100,000.00

OPTION – SEWAGE TREATMENT

SYSTEM / MARINE SANITATION

SYSTEM (MSD) SERVICE AND

INSPECTION (NTE $45K)

1 JOB $45,000.00 $45,000.00

OPTION – ANY ADDITIONAL

WORK ITEMS DISCOVERED

DURING THE ARRIVAL TESTING

AND INSPECTIONS OR ANY

ONGOING WORK, SUCH AS

ELECTRICAL WORK, METAL

WORK, HVAC, ANCHOR

WINDLASS, ADDITIONAL PIPING

RENEWALS, ANNUAL FIRE

INSPECTION, AND SKIN VALVE

REPLACEMENTS (NTE $200K)

1 JOB $200,000.00 $200,000.00

22 OPTION – ADDITIONAL WELD

REPAIRS (NTE $100K) 1 JOB $100,000.00 $100,000.00

23 OPTION- HEAD SERVICE AND

REPAIRS (NTE $50K) 1 JOB $50,000.00 $50,000.00

OPTION – MARINE ELECTRICAL /

ELECTRONIC SERVICES AND

SUPPPLIES (NTE $30K)

1 JOB $30,000.00 $30,000.00

OPTION – INSPECT SHAFTS,

PROPS, CUTLASS BEARINGS

AND RUDDERS, AND CHECK

PROPER ALIGNMENTS (NTE

$31K)

1 JOB $31,000.00 $31,000.00

OPTION – REPLACE EXTERNAL

VISOR LOCATED ABOVE THE

PILOT HOUSE WINDOWS (NTE

$75K)

1 JOB $75,000.00 $75,000.00

OPTION – MOVE FUEL SUPLY

LINES FOR DREDGE PUMP

ENGINES TO DAY TANKS (NTE

$75K)

1 JOB $75,000.00 $75,000.00

DEFINITE ITEMS TOTAL = $

OPTIONS TOTAL = $ 896,000.00

ESTIMATE TOTAL = $

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government 0025 Destination Government Destination Government 0026 Destination Government Destination Government 0027 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 13-FEB-2025 90 ENGINEER REPAIR YARD, WILMINGTON,

DISTRI

SCOTT AIKEN

232 BATTLESHIP ROAD

WILMINGTON NC 28401

910-251-4835 FOB: Destination

W912PM

0002 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0003 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0004 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0005 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0006 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0007 13-FEB-2025 110 (SAME AS PREVIOUS LOCATION)

0008 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0009 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0010 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0011 13-FEB-2025 200 (SAME AS PREVIOUS LOCATION)

0012 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0013 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0014 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0015 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0016 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0017 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0018 13-FEB-2025 38 (SAME AS PREVIOUS LOCATION)

0019 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0020 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0021 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0022 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0023 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0024 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0025 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0026 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

0027 13-FEB-2025 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

OCT 2020

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts.

MAY 2024

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

https://www.sam.gov/

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 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 $6,847.06 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.

(End of clause)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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.

Award shall be made to the lowest priced offer that is technically acceptable.

The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

This solicitation shall be evaluated by awarding to the quote that is lowest price and technically acceptable. Quotes will be evaluated using informal source selection procedures.

TECHNICAL FACTOR:

Evaluation – Each item in the Technical Requirements Table (see below) will receive one of the adjectival ratings defined below. Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award.

(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.

ADJECTIVAL RATING

DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the solicitation.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

TECHNICAL CRITERIA SUBMISSION REQUIREMENTS.

TO BE CONSIDERED AS ACCEPTABLE:

A or U

The Offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

The Offeror shall be located within 650 nautical miles from Wilmington, NC.

The Offeror shall confirm the capability of at least 50% of the required work in house.

The Offeror shall confirm their water depth is sufficient at the pier to ensure the vessel's lowest underwater appendage clears the bottom by at least two feet at Mean Low Water (MLW) conditions for tidal rivers and other navigable waterways.

The Offeror shall confirm they will provide a fender system to prevent the vessel's sides from chafing and colliding with the pier or wharf while moored at the Contractor's facility. And confirm that no other vessel is moored alongside the vessel without specific permission from the COR/Port Engineer.

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or Past Performance Questionnaires.

Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Past performance will be evaluated for contracts performed by the Offeror during the past five (5) years consistent with the size, scope and complexity of typical shipyard repairs on vessels similar in size to the Dredge Merritt. The Offeror shall provide evidence of comparable work on three (3) recent projects greater than $1,000,000.00 in value (not more than five (5) years old). Include the project name and description of the key/salient features of the project (completion date, total contract value, and your company's level of involvement in the project, i.e., subcontractor (type), prime, GC, etc. and your specific role. Additionally, if you were teaming with another firm, clearly identify your role on the project(s) submitted. Please provide at least one point of contact (with e-mail address and phone number) for project validation. The Government will not give credit to projects if the lack of information hinders the ability to determine relevancy and/or level or experience.

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

http://www.sam.gov/

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as…