2998 Merrill Towboat Replacement
This is a combined synopsis/solicitation, W912BU21Q0016, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12, as supplemented wit... This is a combined synopsis/solicitation, W912BU21Q0016, for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 13 and the format in subpart 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. A Scope of Work (SOW) is included as an attachment. This office will not accept any telephonic, written, or faxed requests for a copy of the solicitation. Request for quotation (RFQ): CLIN DESCRIPTION 0001 R3F Towboat Replacement (See SOW w/ price schedule) Inspection and Acceptance: U.S. Army Corps of Engineers U.S. Army Engineer District, HUNTINGTON Old Hickory Lock and Dam 1188 Cinder Road Old Hickory, TN 37138 Cumberland River Mile 216.2 Delivery Date: 827 days from NTP. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06/7-12-2021. Clauses and Provisions are available online at 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. CLAUSES INCORPORATED BY REFERENCE 42.204-7 System for Award Management OCT 2018 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities. JUL 2018 52.204-24 Representations Regarding Certain Telecommunications and Video Surveillance Service or Equipment OCT 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Aug 2020 52.204-26 Covered Telecommunications Equipment or Services-Representation Oct 2020 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 alt1 Offeror Representations and Certifications-Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5(Dev) Contract Terms and Conditions Required to Implement Statutes or executive Orders –Commercial Items (Deviation) JAN 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving JUN 2020 52.225-1 Buy American-Supplies JAN 2021 52.225-13 Restrictions on Certain Foreign Purchases Feb 2021 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 52.246-16 Responsibility for Supplies. APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement NOV 2020 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020) 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 Items. 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) FAR 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. (End of provision) FAR 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000) 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 $2,185.00 per calendar day of delay. 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. 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) FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020) - ADDENDUM Part (b) Submission of offers is replaced by language below. Quote shall include the following (Quote Form): Solicitation No.: W912BU21Q0016 Date/Name/POC: Address/Telephone No: Cage Code, DUNS: Additional requirements set forth in solicitation. Price: Enter pricing as shown on in the SOW. Price each CLIN individually. QUOTE SUBMITTAL INSTRUCTIONS: ***Completed Quote Form with other required documentation shall be submitted via email (see instructions below) NLT 1:00 PM EST December 14, 2021 *** Prospective contractors are required to submit offers via email to Michael.J.Hunter@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil with subject line as follow: W912BU21Q0016 2998 Merrill Towboat Replacement Quoters must make every effort to ensure its electronic submission is virus-free. (End of Provision) FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) 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 quote meeting specification, terms and conditions, and past performance. Price: Total Price of project Total Price at the bottom of Price Schedule Sheet. Technical: Scope of Work (SOW) Offeror Must Submit the Following Information with Quote. NOTE: Failure to submit all required documentation listed in the below factors, may result in the offer being found nonresponsive and may not be considered for award. If drawing is not specifically called out, the listed information may be provided as catalog, cutsheet, drawing etc. In order to validate the proposed design and quote, all quotes shall include the following information: Preliminary General Arrangement Plan (with enough information to confirm vessel size, draft and air draft, tank capacities and overall compliance with arrangements) Written Narrative confirming your ability to meet USACE stability requirements in C150 and C155 Written Narrative confirming that no boundary of an oil tank or potable water tank shall be integral with the side plate or bottom plate of the hull. Identification of main engines and gears Preliminary propeller and speed calculations Identification of diesel generator sets Identification of a Marine Sanitation Device (MSD) capable of treating both black and gray water. 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. Note: FAR 52.212-2 (b) and (c) are not applicable to this solicitation. (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. ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018) Paragraph (a) Inspection/Acceptance is revised to add the following: Additional Inspection/Acceptance requirements can be found in Statement of Work (SOW). (End of Clause Addendum) FAR 52.228-16 Performance and Payment Bonds-Other Than Construction (NOV 2006) (a) Definitions. As used in this clause- "Original contract price" means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond Standard Form 1416) in an amount equal to100 percent of the original contract price. (c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days, but in any event, before starting work. (d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds. (e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the: U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6 F01 Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/. (End of clause) FAR 52.246-18 Warranty of Supplies of a Complex Nature (May 2001) (a) Definitions. As used in this clause- Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract. Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include "data." (b) Contractor’s obligations. (1) The Contractor warrants that for 365 days from acceptance, all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor’s warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor’s warranty shall extend to the modification or other work. (2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. (3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability. (4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price. (5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor’s plant and return. (6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract. (c) Remedies available to the Government. (1) In the event of a breach of the Contractor’s warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price- (i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor’s plant, to repair or replace, at the Contractor’s election, defective or nonconforming supplies; or (ii) Require the Contractor to furnish at the Contractor’s plant the materials or parts and installation instructions required to successfully accomplish the correction. (2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price. (3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 45 after discovery of the defect. The Contractor shall submit to the Contracting Officer a written recommendation within 10 days as to the corrective action required to remedy the breach. After the notice of breach, but not later than 30 days after receipt of the Contractor’s recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted. (4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor’s warranty in paragraph (c)(3) of this clause shall be 45 days from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 45 days thereafter. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract. (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): https://www.acquisition.gov (End of Provision) 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): www.acquisition.gov (End of Clause) Additional contract requirement: 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: Solicitation/Statement of work (SOW) Attachment 2: Drawings (End of Documents, Exhibits, and Other Attachments) *****************************************************************************************************************************************************Amendment 0001 Changes to Notice: Answer RFIs. See attachment "RFIs 1-3" Revise Section C, Clause C602. Updated in attachment "Combined SOW 21Q0016 Rev.1" - highlighted in yellow. Extend due date by two weeks until 22 Sep 2021. Add clause "52.225-1 Buy American - Supplies" to list of clauses found in description. Note: Attachment(s) under solicitation amendment(s) become part of the solicitation. Therefore, contractors are required to acknowledge solicitation amendments pursuant to FAR Provision 52.212-1. *****************************************************************************************************************************************************Amendment 0002 Changes to Notice: Answer RFIs. See attachment "RFI 4" Note: Attachment(s) under solicitation amendment(s) become part of the solicitation. Therefore, contractors are required to acknowledge solicitation amendments pursuant to FAR Provision 52.212-1. *****************************************************************************************************************************************************Amendment 0003 Changes to Notice: Answer RFIs. See attachment "RFIs 5-7" Extend due date to 26 October 2021 Note: Attachment(s) under solicitation amendment(s) become part of the solicitation. Therefore, contractors are required to acknowledge solicitation amendments pursuant to FAR Provision 52.212-1. ***************************************************************************************************************************************************** Amendment 0004 Changes to Notice: 1. Extend solicitation until 2 Dec 2021. 2. Post RFIs # 8-12 Note: Attachment(s) under solicitation amendment(s) become part of the solicitation. Therefore, contractors are required to acknowledge solicitation amendments pursuant to FAR Provision 52.212-1. **************************************************************************************************************************************************** Amendment 0005 Changes to Notice: 1. Extend solicitation until 9 Dec 2021. 2. Post RFI # 13 Note: Attachment(s) under solicitation amendment(s) become part of the solicitation. Therefore, contractors are required to acknowledge solicitation amendments pursuant to FAR Provision 52.212-1. ***************************************************************************************************************************************************** Amendment 0006 Changes to Notice: 1. Extend solicitation until 14 Dec 2021. Note: Attachment(s) under solicitation amendment(s) become part of the solicitation. Therefore, contractors are required to acknowledge solicitation amendments pursuant to FAR Provision 52.212-1. ***************************************************************************************************************************************************** **Questions must be submitted NLT 4:30 PM EST 7 calendar days prior to solicitation closing to Michael.J.Hunter@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil. Questions will be answered within 48 hours through a notice amendment. ** ***Quotes shall be submitted via email to Michael.J.Hunter@usace.army.mil and CC Robert.W.Hutcheon@usace.army.mil NLT 1:00 PM EST December 14, 2021 *** Important Note: the official media for distribution of this solicitation is SAM.gov. It is the responsibility of the interested vendor(s) to register and monitor the notice for any amendments. Quotes 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.
Data sourced from SAM.gov.
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