PRESOL | J | USNS GRAPPLE - DAVIT INSTALLATION

FBO DAILY ISSUE OF JANUARY 25, 2009 FBO #2617
SOLICITATION NOTICE

J -- USNS GRAPPLE - DAVIT INSTALLATION

Notice Date: 1/23/2009
Notice Type: Modification/Amendment
NAICS: 333923 — Overhead Traveling Crane, Hoist, and Monorail System Manufacturing
Contracting Office: Department of the Navy, Military Sealift Command, MSFSC Norfolk, Building SP-64, 471 C Street, Norfolk, Virginia, 23511, United States
ZIP Code: 23511
Solicitation Number: N40442-09-T-4011
Response Due: 1/29/2009 10:00:00 AM
Point of Contact: Zamora Olin, Phone: 757 443 5964
E-Mail Address: zamora.olin@navy.mil
Small Business Set-Aside: N/A
Description: This is a small business set aside. This is a combined solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the Federal Acquisition Regulation (FAR), 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. The solicitation number is N40442-09-T-4011, and it is being issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-24. NAICS 333923 applies. The Small Business Competitiveness Demonstration Program is not applicable. Military Sealift Fleet Support Command (MSFSC), Norfolk, VA intends to award a firm fixed price purchase order for the services of a qualified marine repair company to install two (2) new Morgan cranes (GFM); Model 11522 hydraulic articulating cranes, 82,000 ft/lbs, on board the USNS GRAPPLE in place of the removed diver davits. In addition, installation of two (2) new electronic hydraulic power units (GFM) is also required. The successful offeror will also be required to accomplish foundation and electrical modifications to suite the new cranes in accordance with the design drawings provided by MSC. A. DAVIT MODIFICATIONS 1.0 ABSTRACT This item describes the removal of existing davits and installation of new diver davits on the 01 Level. 2.0 REFERENCES 2.1 MSC Drawing No. ARS 53 645-8389450 Davit Arrangement Mods 2.2 MSC Drawing No. ARS 53 300-8389453 Diver Davit Modifications Power System Mods 2.3 MSC Drawing No. ARS 53 145-8389451 Davit Structural Mods 2.4 MSC Drawing No. ARS 53 556-8389452 Diver Davit Hydraulic Piping Arrangement 3.0 ITEM LOCATION/DESCRIPTION 3.1 Location/Quantity 3.1.1 Location: Various 3.1.2 Quantity: None 3.2 Item Description/Manufacturer's Data 3.2.1 Material/Components, including specific quantities and manufacturer make and model numbers, necessary to accomplish work required by this work item, are included in the Bill of Material List of References 2.1 through 2.4 above. 3.2.2 Quantities specified in the Bill of Material List of References 2.1 through 2.4 are considered estimates. The contractor shall provide the exact quantities and additional material such as fittings, weld material, pipe hangers, etc.,which are not included in the Bill of Material Lists of References 2.1 through 2.4. 4.0 GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICES 4.1 Government Furnished Equipment (GFE) - Two (2) Morgan Marine Hydraulic Cranes with Two (2) - Hydraulic Power Units, Two (2) Control Valve Consoles, Two (2) - Motor Controllers, and Two (2) Sets of associated Hydraulic - Piping/Lines and Components 4.2 Government Furnished Material (GFM): None 4.3 Government Furnished Services (GFS): None 4.4 Government Furnished Information (GFI) Morgan Marine Hydraulic Crane Installation Manual 5.0 NOTES 5.1 The shipyard and all subcontractors, regardless of tier, are advised to review other Work Items under this contract to determine their effect on the work required under this Work Item. 5.2 In performance of this Work Item, the shipyard and subcontractors regardless of tier must comply with the requirements of all applicable General Technical Requirements (GTRs) including but not limited to GTRs 1 through 6 and the following GTRs: • GTR No. 7 – General Painting • GTR No. 23 - Piping • GTR No. 24 - Manufacturer’s Representatives • GTR No. 25 - Structure and Foundations • GTR No. 28 – Electrical and Electronic Systems • GTR No. 29 – Identifying Markings 5.3 Where hot work is required, the affected component, surfaces and adjacent surfaces shall be dry and oil free, and gas free as necessary to accomplish the hot work. 5.4 Welding shall be inspected per the shipyard’s Quality Assurance Plan. All results of the weld inspection to be reviewed for approval by MSCREP and ABS surveyor. 5.5 Prior to initiating any work on the electrical system, de-energize and tag-out all sources of electrical power to the circuits involved in this work item. Restore electrical power upon the completion of all aspects of this work item. 5.6 Prior to initiating any work on hydraulic systems, drain, flush, clean, and isolate piping necessary to accomplish removals and installations. Obtain all necessary tag-outs. 5.7 Minor deviations from drawings are authorized if appearance, function, and strength are not impaired. 5.8 Submit Request for Deviation (RFD) to the MSC Representative for approval for any areas that appearance, function, and strength are impaired. 6.0 QUALITY ASSURANCE REQUIREMENTS: None additional 7.0 STATEMENT OF WORK REQUIRED 7.1 Arrangements/Outfitting Relocations 7.1.1 Temporarily remove existing DVD Player Rack, Speaker Rack, Dumbbell Racks, and Storage Locker (Stbd side only) on the 1st Platform and 01 Level using Reverence 2.1 as guidance and reinstall in new locations as directed by the MSC Representative. 7.1.2 Temporarily remove existing tank usage plaques and reinstall in new locations using Reference 2.2 as guidance. 7.2 Structural 7.2.1 Removals Remove existing Dumbbell Rack foundations, ABT foundation on the 1st Platform and Chain Fairlead and Heavy Lift Fairlead on the 01 Level using Reference 2.1 as guidance. 7.2.2 Installations Install foundations for Morgan Marine Hydraulic Cranes, HPU foundations, motor controller foundations, coamings, grating steps and under deck supports using Reference 2.3 as guidance. 7.3 Mechanical/Fluids 7.3.1 Removals a. Remove portions of 14-inch piping on the 01 Level using Reference 2.3 as guidance. 7.3.2 Installations a. Install Morgan Marine Hydraulic Cranes, with Hydraulic Power Units, Control Console, and Motor Controllers, provided as GFE in paragraph 4.1 using References 2.1 and 2.3 and the Morgan Marine Hydraulic Crane Installation Manual provided as GFI in paragraph 4.4 as guidance. b. Install hydraulic piping and connections provided as GFE in paragraph 4.1 for new hydraulic power unit and control console for the new Morgan Marine Hydraulic Cranes using Reference 2.4 and the Morgan Marine Hydraulic Crane Installation Manual provided as GFI in paragraph 4.4 as guidance. 7.4 Electrical 7.4.1 Removals Remove electric cabling and components using Reference 2.2 as guidance. 7.4.2 Relocations a. Temporarily remove existing DVD player and Speakers and reinstall in new locations as directed by the MSC Representative. b. Temporarily remove Connection Box C-FD59 and ABT 2-4P-EE and reinstall in new locations on the 1st Platform using Reference 2.2 as guidance. 7.4.3 Installations Install LSMSCU-14, LSMSCU-19, LSTSGU-23, LSTSGU-3, AND LSDSGU-3 cabling and components on the 1st Platform and Main Deck using Reference 2.2 as guidance. 7.5 Electronics: None 7.6 Preparation of Drawings 7.6.1 Working drawings are to be developed and submitted for approval to the MSC Representative prior to commencing work on this work item. 7.6.2 Prepare “red-lined” markups (three hard copies - 11” X 17” or larger as required for clarity, and one electronically scanned copy) of the following drawings showing all new and modified installation accomplished by this work item. Drawings as a minimum shall include: - Electrical System One Line Diagram 7.7 Inspection/Test 7.7.1 Preliminary Tests Contractor shall conduct preliminary tests on all completed work before calling for an official test. 7.7.2 Completion Test The Contractor shall conduct a completion test that verifies that all aspects of the work item have been completed. For compartments, this means all equipment, electrical, overheads, etc. is installed and tested and proves the compartment is complete and ready for service. A completion test may include a series of functional, operational, and structural tightness tests. For structural work this means the shipyard shall notify the ABS surveyor to inspect completed structural work. 7.7.3 Welding Test Visually test new, modified, or repaired welds in accordance with ABS rules and regulations and the shipyard’s Quality Assurance Plan. All results of the weld inspection to be reviewed for approval by MSCREP and ABS surveyor. 7.7.4 Cable Insulation Resistance Test a. Perform an end to end continuity and electrical insulation resistance test on new, modified, overhauled, or repaired system cables in accordance with Institute for Electrical and Electronic Engineers (IEEE) Standard 45, Recommended Practice for Electric Installations on Shipboard. b. Notify the MSC Representative immediately if insulation values of equipment or cable are less than 1 Megohm (MΩ). 7.7.5 Enclosure Ground Test Test new, modified, overhauled, or repaired electronic equipment enclosures for continuity and resistance of the grounding path. The resistance of the grounding path between the equipment enclosure and a ship structural member shall not exceed 0.1 ohm. 7.7.6 Clean and flush all piping affected by this work item by using a service fluid or medium approved by the MSCREP. 7.7.7 Hydrostatically test all new and modified piping for 15 minutes in accordance with the below listed test pressures. No leaks are permitted. After satisfactory completion of hydrostatic and tightness tests, the systems shall be tested for proper operation and unobstructed flow. Visually inspect welded, brazed, and new mechanical joints for leaks. - Marine Crane Hydraulic system piping: 150% design pressure for 15 minutes 7.7.8 Painting Test and Inspection a. Contractor and MSC Representative shall conduct a joint inspection of areas to be prepared and painted before surface preparation begins to ensure that protective measures are implemented. b. Contractor shall perform inspections after completion of each stage of surface preparation, each coat, and each stripe coat, to verify surface condition, DFT and space cleanliness, and before securing space. At least 2 DFT readings shall be taken per 100 square feet. 7.7.9 Operational Test In the presence of the ABS Surveyor and MSC Representative, verify that: - All work has performed satisfactorily and to the specific instructions and requirements of the work item, manufacturer, and regulatory bodies. - The equipment, material, machinery, or system including all flows, levels, temperatures, loads, and alarms complies with manufacturer’s parameters. - The equipment, material, machinery, or system performs its intended purpose. 7.8 Painting Paint all new and disturbed surfaces to match surrounding surfaces. All paint work shall be performed in accordance with GTR No. 7. 7.9 Markings 7.9.1 Install name plates, notices, and markings for all new and modified systems in accordance with GTR No. 29. 7.10 Manufacturer Representative Provides the services of the following authorized technical representatives for installation and testing of the new Morgan Marine Hydraulic Cranes: 7.10.1 Morgan Marine 8555 Sultana Ave. Fontana, CA 92335 Ph: (909) 427-9822 eMail: MorganWRM@aol.com POC: Will Morgan 7.10.2 Intech Marine Services 1226 Executive Blvd, Suite 110 Chesapeake, VA 23320 Ph: (757) 549-1143 eMail: IMSVaBch@aol.com POC: Doug Smith B. Period of Performance: 02 – 15 February 2009 C. Place of Performance: St. Helena Annex Norfolk, Virginia D. Point of Contact: William T. Brown, USNS GRAPPLE Port Engineer, 757-777-6775 The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: 52.204-7 Central Contractor Registration; 52.212-1 Instructions to Offerors-Commercial Items; 52.247-34 F.O.B. Destination 252.209-7004 Central Contractor Registration (52.204-7) Alternate A 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country 252.211-7003 Item Identification and Valuation 252.225-7014 Preference for Domestic Specialty Metals Alternative I (Deviation) 252.232-7010 Levies on Contract Payment 252.246-7003 Notification of Potential Safety issues 52.212-3 Offeror Representations and Certifications-Commercial Items As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications—Commercial Items (June 2008) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (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 posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database 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 Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (m) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. 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, for general statistical purposes, 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. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) 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. (7) 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:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it _____ is, _____ is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51–100 __ $1,000,001–$2 million __ 101–250 __ $2,000,001–$3.5 million __ 251–500 __ $3,500,001–$5 million __ 501–750 __ $5,000,001–$10 million __ 751–1,000 __ $10,000,001–$17 million __ Over 1,000 __ Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It _____ is, _____ is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It _____ has, _____ has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) _____ Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It _____ is, _____ is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance. The offeror represents that— (i) It _____ has, _____ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It _____ has, _____ has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that— (i) It _____ has developed and has on file, _____ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It _____ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act—Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1) _____ Are, _____ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) _____ Have, _____ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) _____ Are, _____ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) _____ Have, _____ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) _____In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) _____ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror _____ does _____ does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror _____ does _____ does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN. (3) Taxpayer Identification Number (TIN). _____ TIN: ________________________________. _____ TIN has been applied for. _____ TIN is not required because: _____ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; _____ Offeror is an agency or instrumentality of a foreign government; _____ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. _____ Sole proprietorship; _____ Partnership; _____ Corporate entity (not tax-exempt); _____ Corporate entity (tax-exempt); _____ Government entity (Federal, State, or local); _____ Foreign government; _____ International organization per 26 CFR 1.6049-4; _____ Other ________________________________. (5) Common parent. _____ Offeror is not owned or controlled by a common parent; _____ Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of provision) Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Oct 2000). As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address _____ is, _____ is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture. 52.212-4 Contract Terms and Conditions-Commercial Items; Addendum to 52.212-4 (q) Other Compliances applies: Federal Law and regulation require Government contractors to possess appropriate insurance coverage for their employees. The Government reserves the right to request evidence of appropriate insurance, including Longshoreman's and Harbor Workers' Compensation Act (LHWCA) coverage required to perform work on or near ships. (33 U.S.C. S903(a)). All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the Contractor provides written notice of the same to the Contracting Officer. Within 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders the following clauses apply and are incorporated by reference: 52.203-6 Restrictions on Subcontractor Sales to the Government 52.219-6 Notice of Total Small Business Set-Aside 52.219-14 Limitations on Subcontracting 52.219-28 Post-Award Small Business Program Representation. 52.222-3 Convict Labor 52.222-19 Child Labor - Cooperation with Authorities and Remedies, 52.222-21 Prohibition of Segregated Facilities, 52.222-26 Equal Opportunity, 52.222-35 Equal Opportunity; Special Disabled Veterans of the Vietnam Era, and other Eligible Veterans 52.222-36 Affirmative Action for Workers with Disabilities, 52.222-37 Employment Reports on Special Disabled Veterans of the Vietnam Era, and Eligible Veterans 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees 52.222-41 Service Contract Act of 1965. 52.222-50 Combating Trafficking in Persons 52.225-13 Restrictions on Certain Foreign Purchases, and 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration; 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim The following Defense FAR Supplement (DFARS) provisions and clauses apply to this solicitation and are incorporated by reference: 252.204-7004 Required Central Contractor Registration. Alternate A; 252.211-7003 or 252.211-7003 Alternate I Item Identification and Valuation; Within DFARS 252.212-7001 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items the following clauses apply and are incorporated by reference: 252.225-7001 Buy American Act and Balance of Payment Program, 252.225-7000 Buy American Act--Balance of Payments Program Certificate, 252.225-7012 Preference for Certain Domestic Commodities 252.225-7014 Preference for Domestic Specialty Metals (Deviation) 252.232-7003 Electronic Submission of Payment Requests; and 252.247-7023 Transportation of Supplies by Sea The following additional clauses apply: 52.203-3 Gratuities 252.247-7024 Notification of Transportation of Supplies by Sea. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ http://www.acq.osd.mil/dp/dars/dfars/dfars.html MSFSC INVOICE INSTRUCTIONS Submit Invoices to: Military Sealift Fleet Support Command Code N822 P.O. Box 120 Camp Pendleton Virginia Beach, VA 23458-0120 Or fax to: 757-417-4431 For questions concerning invoice payments or status, contact accounts pay at 757-417-4423 or 4424. Notes: 1. A Copy of the purchase order must be submitted with the invoice 2. A bill of lading must be provided with the invoice to substantiate shipping charges, if applicable. 3. Annotate invoice as “FINAL INVOICE”, when applicable. TEST PROGRAM FOR COMM ITEMS: Test Programs For Certain Commercial Items: This requirement will be awarded using the procedures under FAR Subpart 13.5, Test Program for Commercial Items of the Clinger-Cohen Act of 1996. Quotes shall be requested and a purchase order issued to the successful vendor under FAR 13 procedures; said purchase order procedures shall supersede any other contrary procedures set forth or incorporated by references in this solicitation. EVALUATION –COMMERCIAL ITEMS: (a) Purchase order will be made to that technically acceptable quoter with satisfactory or neutral past performance whose quote, conforming to the solicitation, has offered the lowest evaluated price and is deemed to be responsible. The Government reserves the right to issue a purchase order based upon initial quotes. The following numbered notes apply to this requirement: None. At a minimum, responsible sources shall provide the following: a price proposal which identifies the requested item, with its unit price, extended price, total price, prompt payment terms, remittance address, Tax I.D. #, Duns #, and Cage Code. Responses to this solicitation are due by 29 January 2009 at 10:00A.M. EST. Offers can be emailed to zamora.olin@navy.mil or faxed to 757-443-5979, Attn: Zamora C. Olin. Reference the solicitation number on your quote.
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