Annual Small Boat Repair – NOAA Ship Rainier
Notice Type: Combine Solicitation
Posted Date:
Office Address:
Subject: Annual Small Boat Repair - NOAA Ship Rainier
Classification Code: J - Maintenance, repair & rebuilding of equipment
Solicitation Number: NMAN7200-20-00014
Contact:
Setaside: Total Small BusinessTotal Small Business
Place of Performance Country: US
Description:
Combined Synopsis/Solicitation (Best Value) The
This is a combined synopsis/solicitation for commercial items prepared in accordance with 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.
(ii) Solicitation number NMAN7200-20-00014 is issued as a firm fixed price, commercial, request for quotation (RFQ).
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06.
(iv) The NAICS code for this acquisition is 336611,
(v) Line items are as follows:
CLIN 1: RA-1 - Zodiak Hurricane CLIN 2: RA-2 - North River Liberty CLIN 3: RA-3 - All American Marine CLIN 4: RA-4 - All American Marine CLIN 5: RA-5 - All American Marine CLIN 6: RA-6 - All American Marine CLIN 7: RA-7 - Wilard Roustabout CLIN 8: RA-8 - Monarch Roustabout
(vi) Description of requirements for the items to be acquired: The vendor is to provide facilities, labor, and materials to complete the work identified in the attached statement of need.
(vii) Date(s) and place(s) of delivery and acceptance and FOB point.
Delivery is required no later than
(viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition without addenda.
(ix) The provision at 52.212-2, Evaluation-Commercial Items, applies to this acquisition. The specific evaluation criteria per in paragraph (a) of that provision is below: (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: Demonstrated Understanding of the Statement of Work (Technical) Price Past Performance Technical and past performance, when combined, are of more importance than price.
Evaluation Criteria Ratings and Definitions: Technical - "Exceeds" - Offer provides accelerated completion schedule (at a reasonable price), proposes specific cost savings, or other such benefit to the Government.
"Meets" - Satisfies the requirement but does not offer added benefit.
"Does Not Meet" - Offer does not adequately demonstrate understanding; i.e. offer only addresses pricing and not approach.
Past Performance - "Acceptable" - Has satisfactory or better past performance either with
"Not Acceptable" - Has negative past performance with
"No Past Performance" - Vendor has no past performance with
Price - Offered prices for specific tasks performed or specific outcomes to be achieved and under standard commercial terms and conditions.
(b) 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. (End of provision)
(x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
The Offeror shall complete only paragraph (b) of the provision at FAR 52.212-3 if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of the provision.
(xi) 52.212-4 Contract Terms and Conditions-Commercial Items (
(xii) The clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (
(xiii) Additional Federal Acquisition Regulation terms and conditions apply to this acquisition: 52.252-1
(xiv) The following Federal Acquisition Regulation terms and conditions apply to this acquisition and are included by reference: 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (
52.252-5 Authorized Deviations in Provisions (
52.252-6 Authorized Deviations in Clauses (
(xv) The following
1352.201-70, Contracting Officer's Authority (
1352.209-73, Compliance with the Laws (
1352.209-74, Organizational Conflict of Interest (
(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and
(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.
(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.
(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.
(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.
(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.
(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause)
1352.215-72 Inquiries. Offerors must submit all questions concerning this solicitation in writing to [email protected]. Questions should be received no later than one (1) calendar day after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract. (End of clause)
352.233-70 Agency protests (
(b) Agency protests filed with the Contracting Officer shall be sent to the following address: Marine Operations Attn:
(c) Agency protests filed with the agency
(d) A complete copy of all agency protests, including all attachments, shall be served upon the
(e) Service upon the Contract Law Division shall be made as follows:
1352.233-71 GAO and
(b) A complete copy of all GAO or
(c) Service upon the Contract Law Division shall be made as follows:
1330-52.237-70
(a) A contractor employee shall be identified both by the individual's name and the contractor's name when:
1. Included in
2. When submitting any type of electronic correspondence to any
(b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number.
(c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting.
NOAA Acquisition Alert Notification
1352.246-70, Place of Acceptance (
(a) The base period of performance of this contract is from Date of Award through
(b) The option periods that may be exercised are as follows: N/A
(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9. (End of clause)
1330-52.237-71 Government-Contractor Relations - Non-Personal Services Contract (
(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37,
(b) Contractor personnel under this contract shall not:
(1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee.
(2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other
(c) The services to be performed under this contract do not require the Contractor or the Contractor's personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor's personnel will act and exercise personal judgement and discretion on behalf of the Contractor.
(d) Rules, regulations, directives, and requirements that are issued by the
(e) Both parties are responsible for monitoring contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this contract language, the following applies:
(1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.
(2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer's response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the is(End of Solicitation and Contract Language)
NOAA Acquisition and Grants Office OMBUDSMAN (
a. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:
1. Allow contractors to better prepare for and propose on business opportunities.
2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.
3. Identify constraints in transparency and process.
b. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with
c. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer's decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.
d. There are several constraints to the scope of the AGO Ombudsman's authority, for instance:
1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A* 76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).
2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.
3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.
4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.
5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.
6. The AGO Ombudsman has no authority to render a decision that binds AGO,
7. The AGO Ombudsman is not
e. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.
f. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.
g. Questions regarding this solicitation and contract language shall be directed to
1330-52.222-70 NOAA Sexual Assault and Sexual Harassment Prevention and Response Policy (
(a) Definitions.
Contractor Employees - The term "contractor employees," as used in this solicitation and contract language, refers to employees of the prime contractor or its subcontractors, affiliates, consultants, or team members.
Sexual Assault - The term sexual assault, as used in this solicitation and contract language, means any conduct proscribed by state or federal sexual abuse laws, including, but not limited to, those defined in chapter 109A of title 18 of the
Sexual Harassment - As defined by the
* Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; * Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; * The conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
The main characteristics of sexual harassment are that the harasser's conduct is targeted against the recipient's sex, gender identity, or sexual orientation, and is unwelcome to the recipient. It may include, but is not limited to: offensive jokes, slurs, epithets or name calling, undue attention, physical assaults or threats, unwelcome touching or contact, intimidation, ridicule or mockery, insults or put-downs, constant or unwelcome questions about an individual's identity, and offensive objects or pictures. (b) Requirements.
1. It is the responsibility of the contractor to ensure that contractor employees maintain the highest degree of conduct and standards in performance of the contract. In support of this,
2. The contractor shall include wording substantially the same as this solicitation and contract language in every subcontract so that it is binding upon each subcontractor.
3. If a contractor employee observes or is the object of sexual assault or sexual harassment, he or she is highly encouraged to report the matter, as soon as possible, to their immediate supervisor, the Contracting Officer's Representative (COR), subset of the COR (e.g. Task Manager or Assistant COR), or contracting officer (CO) if a COR is not assigned to the contract. The contract employee may also contact the NOAA Civil Rights Office to obtain guidance on reporting instances of sexual assault or sexual harassment. If deemed necessary, the contractor employee may also report such instances to local law enforcement. In the case where the incident occurs while performing at a remote location, such as at sea or in the field (at a field camp or other isolated location) where the above referenced individuals are unavailable, the contractor employee should follow the reporting procedure set forth in NAO 202-1106, Section 6,.07, Reporting from Remote Locations.
i. Swift reporting allows
4. The contractor shall provide all contractor employees assigned to perform under this contract with mandatory sexual assault and sexual harassment prevention and response training in compliance with the requirements of NAO 202-1106, Section 5, Prevention Training and Awareness, as part of their initial in-processing and on an annual basis thereafter. The initial training shall be completed within business days [30 unless a different number is inserted] of contract award or the date a contractor employee is assigned to perform under the contract, as applicable.
Evidence of initial training by name and date completed for each contractor employee, shall be submitted to the COR or contracting officer (if no COR assigned) within 10 business days of completion.
Evidence of annual training by name and date completed for each contractor employee shall be submitted to the COR or contracting officer (if no COR assigned) no later than
i. The mandatory sexual assault and sexual harassment training provided by the contractor shall include the required elements set forth by
5. The contractor shall provide a copy of this solicitation and contract language and NAO 202-1106 to contractor employees.
(c) Sexual Assault/Sexual Harassment (SASH) Helpline.
For
* Phone: 1-866-288-6558 * Website & Online Chat: http://NOAASASHHelpline.org * Mobile App: NOAA SASH Helpline (available via iOS and Android App Stores) * Text: (202) 335-0265
(d) Confidentiality.
Any party receiving information from the filing of a complaint alleging sexual assault or sexual harassment, or while performing an investigation into such a complaint, shall keep the information confidential. "Confidentiality" means that the information shall only be shared with others who have a need to know the information to conduct their official duties. (e) Remedies.
In addition to other remedies available to the Government, contractor employee violations of Federal requirements (e.g., law, statutes, executive orders, code, rules, regulations) applicable to sexual assault and sexual harassment and/or failure to complete the mandatory training set forth in this solicitation and contract language, may result in:
1. Requiring the Contractor to remove a contractor employee or employees from the performance of the contract; 2. Requiring the Contractor to terminate a subcontract; 3. Suspension of contract payments until the Contractor has taken appropriate remedial action; 4. Termination of the contract for default or cause, in accordance with the termination clause of this contract; 5. Suspension or debarment; or 6. Other appropriate action. (End of Solicitation and Contract language)
1352.271-70 Inspection and Manner of Doing Work (
1352.271-71 - Method of Payment and Invoicing Instructions for Ship Repair (
1352.271-72 - Additional Item Requirements (Air)-Growth Work (
1352.271-73 - Schedule of Work (
1352.271-74 - Foreseeable Cost Factors Pertaining to Different Shipyard Locations (
1352.271-75 - Delivery and Shifting of the Vessel (
1352.271-76 - Performance (
1352.271-77 - Delays (
1352.271-79 - Liability and Insurance (
1352.271-80 - Title (
1352.271-81 - Discharge of Liens (
1352.271-82 -
1352.271-83 - Government Review, Comment, Acceptance and Approval (
1352.271-84 - Access to the Vessel (
1352.271-85 - Documentation of Requests for Equitable Adjustment (
1352.271-86 - Lay Days (
1352.271-87 - Changes-Ship Repair (
1352.271-88 - Guarantees (
1352.271-89 - Temporary Services (
1352.271-90 - Insurance Requirements (
(xvi) Defense Priorities and Allocations Systems (DPAS) and assigned ratings is not applicable.
(xvii) Offers shall be submitted electronically via email to [email protected] no later than 1000 hrs PST,
(xviii) contact
Link/URL: https://www.fbo.gov/spg/DOC/NOAA/OMAOMD/NMAN7200-20-00014/listing.html
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