J--USNS KAISER (T-AO 187) November Voyage Repair General Ship Repairs

Description: This is a combined synopsis/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 Military Sealift Fleet Support Command Ship Support Unit San Diego has a requirement for General Ship Repairs to support the November VR. The Offeror must hold MSR Charter or ABR Charter at minimum to receive contract award. This is not a small business set aside. NAICS Code 336611 applies. Services will be performed onboard the USNS KAISER while located in San Diego, CA. The performance period is anticipated to start on 08 November 2010 for a period of 21 days. There will be no ship check. EPIC form is required to be submitted by prime contractor for its personnel, as well as, subcontractor personnel, at time of award in order to provide timely access to ship at start of performance period. Submission of Base Pass Request Form is mandatory. To obtain a Base Pass Request Form, submit email to contracting officers identified in this solicitation. The issue date for this solicitation is 15 October 2010. Pre-bid inquiries are to be submitted on, or before, 1200 p.m. (PST), 20 October 2010 to the following personnel: the contracting officer, contact@example.gov, with courtesy copies to the port engineer, Mr. Joe Villanueva, at Joe.villanueva@navy,mil, and the principle port engineer, Mr. Ray Coleman, at contact@example.gov. An amendment, if necessary, is to be issued on, or before, 1400 p.m., (PST), 21 October 2010. Submission of bids for the subject solicitation is anticipated to be on, or before 1000 am., (PST), 26 October 2010. Award is anticipated to be made at 1000 a.m., (PST), on 28 October 2010, unless otherwise specified in the solicitation. The solicitation can be viewed on the Contracts Section of the MSC Website. Instructions for downloading solicitation for MSC website: http://www.msc.navy.mil/. Click on contracts (upper right hand corner of screen), click on active request for proposals, click on MSC office location, click on MSC Pacific San Diego, click search, look for solicitation number, click on RFQ/RFP number and follow downloading instruction for solicitation. POINT OF CONTACT: Dominick J. Fonte, Contract Specialist Phone number: +1 (555) 000-0000 Fax number: +1 (555) 000-0000 E-Mail: contact@example.gov Alternate Point of Contact: Chrisopher.J.Ruiz, Contract Specialist Phone Number: +1 (555) 000-0000 Fax Number: +1 (555) 000-0000 E-mail: contact@example.gov LIST OF ATTACHMENTS Attachment 01 Work Item Package, Win Zip File Attachment 02 Work Item Price Data Sheet The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: 52.203-3 Gratuities; 52.203-6 Restrictions on Subcontractor Sales to the Government; 52.203-6 Restrictions on Subcontractor Sales to the Government Alt I; 52.204-7 Central Contractor Registration; 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards; 52.212-1 Instructions to Offerors-Commercial Items; 52.212-2 Evaluation - Commercial Items. (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: price, past performance, and technical. Technical and past performance, when combined, are equal to price. (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. 52.212-3 Offeror Representations and Certifications-Commercial Items Alternate I. The offeror has completed the annual representations and certification 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 representation 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); 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: 52.219-28 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 for Special Disabled Veterans, 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, Veterans of the Vietnam Era, and Other Eligible Veterans; 52.222-50 Combating Trafficking in Persons; 52.222-99 Notification of Employee Rights Under the National Labor Relations Act; 52.225-13 Restrictions on Certain Foreign Purchases; 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; and 52.252-2 Clauses Incorporated by Reference. 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 these addresses: www.farsite.hill.af.mil/ and www.acquisiton.gov/far 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; 252.204-7008 Export-Controlled Items; 252.205-7000 Provision of Information to Cooperative Agreement Holders; 252.225-7035 Buy American Act--Free Trade Agreement--Balance Of Payments Program Certificate 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7010 Levies on Contract Payments 252.243-7002 Requests for Equitable Adjustment 252.246-7003 Notification of Potential Safety Issues 252.247-7023 Transportation of Supplies by Sea 252.247-7024 Notification Of Transportation Of Supplies By Sea 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: 252.225-7000 Buy American Act--Balance of Payments Program Certificate; 252.225-7012 Preference for Certain Domestic Commodities; 252.232-7003 Electronic Submission of Payment Requests; and 252.243-7002 Request for Equitable Adjustment. H.4 MSC 5252.223-9800 PREVENTION OF THE DISCHARGE OF OIL AND HAZARDOUS SUBSTANCES (DEC 1988) (a) Trials. Prior to commencement of any dock or sea trials hereunder, the Contractor shall assure the MSCREP by demonstrations, completed test memoranda, or other means reasonably acceptable to the MSCREP that all equipment, the function of which is to prevent accidental discharge of oil, oily mixture, or hazardous substances from the vessel, that the Contractor is required by the specifications to install, are fully operable. (b) Reports. The Contractor shall, as soon as he has knowledge of any discharge of oil, oily substance, or hazardous substance from the vessel, immediately notify the MSCREP thereto and shall immediately take all reasonable steps to prevent further discharge. Within 24 hours thereafter, the Contractor shall file with the MSCREP a written report of the oil or hazardous substance discharge. (c) Liability. The Contractor shall not be liable for the costs incurred by the Government for the removal of such oil, oily mixture, or hazardous substance, except that the Contractor shall be liable to the Government for all such costs of removal where such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the Contractor. H.5 MSC 5252.223-9801 ASBESTOS REMOVAL REQUIREMENTS (DEC 1988) (a) During the performance of this Contract the contractor and any subcontractors may be required to perform work which involves the removal or disturbance of asbestos or asbestos containing products. This clause applies to each instance of asbestos removal or disturbance. (b) The contractor shall comply with the precautions required in 29 CFR 1910.1001, 29 CFR 1926.58 and 40 CFR Part 61 and all other applicable Federal, State, and Local restrictions. The contractor shall forward a comply of all required notices, licenses and permits to the Contracting Officer immediately upon issuance or receipt. (c) The latest change to the Federal, State and Local Regulations in effect at the time of issuance of the contract shall govern. Compliance with these regulations is mandatory and is necessary to protect the employees of the contractor and Naval personnel from exposure to asbestos fibers in excess o the Occupational Safety and Health Administration (OSHA) Action level airborne concentration (currently 0.1 fibers per cubic centimeter (f/cc) of air). (d) During removal or disturbance, the contractor shall control airborne asbestos concentrations outside the removal boundary to less than 0.1 f/cc at all times. (e) After removal or disturbance is complete, the areas within the removal boundary shall not be released for reoccupancy until clearance air sampling demonstrates these spaces have concentrations of asbestos less than 0.1 f/cc. (f) In all respects, the performance of air sampling and analysis shall be performed in accordance with OSHA Reference Method (Appendix A of 29 CFR 1910.1001), with the following additional specifications: (1) Aggressive clearance samplings shall be performed on 25 mm cassettes at 2.0 liters per minute for a minimum of four hours. (2) In performing the clearance sampling, the pump shall be placed within the compartment where the removal or disturbance occurred. When this operation is conducted in a multilevel space, at least one pump shall be placed on each level. (3) Air sampling shall be performed by a person competent in sampling procedures and overseen by an industrial hygienist certified for comprehensive practice (CIH) by the American Broad of Industrial Hygiene. (4) Laboratory analysis of samples shall be performed by a participant in the American Industrial Hygiene Association (AIHA) Proficiency in Analytical Testing (PAT) Program rated proficient for asbestos and air. (g) Personal sampling shall be conducted using breathing zone air samples, which are representative of the 8-hour time-weighted average (TWA) exposure of each individual. Samples shall be collected and analyzed using the OSHA Reference Method contained in either 29 CFR 1910.1001 (as amended) or 29 CFR 1926.58 (as amended). (h) The contractor agrees to indemnify MSC for any fines assessed by Federal, Stated or Local Agencies, for the contractor's failure to properly follow applicable Regulations. (i) The contractor shall insert this clause in all subcontracts entered into under this contract. H-8 MSC 5252.243-9800 DOCUMENTATION OF REQUESTS FOR EQUITABLE ADJUSTMENT / CLAIMS (JAN 1991) (a) For the purpose of this clause, the term "contractor adjustment request" (CAR) includes (1) a request for an "equitable adjustment" of the contract price, schedule or other contract terms and conditions that is asserted on the basis of a written order of the Contracting Officer designated as a change order in accordance with FAR 43.2, the Additional Requirements Clause, or on the basis of a constructive change and (2) any "claim" as defined at FAR 33.201. (b) Whenever the Contractor submits a CAR to the Contracting Officer, the CAR shall include a "Contractor's Proposal" fully supporting the CAR. The Contractor's Proposal shall, to the extent required by the Contracting Officer, include the following: (1) A description of work required by the contract, including citations to the contract, before the factual events which led to the CAR; (2) A detailed report on the status of the work as originally required by the contract; (3) A description of new work required by the change order or other events which led to the CAR; (4) A list of components, equipment, and other identifiable property involved in the CAR. The status of manufacture, procurement, or installation of Contractor Furnished Property is to be indicated. The status of specified design and production work. Items of raw material, purchased parts, components, and other identifiable hardware, which are made excess by the change and which are not to be retained by the Contractor, are to be listed for later disposition; (5) A description of work completed which is deleted, or will be deleted, by the events which led to the CAR; (6) A description of interferences and inefficiencies involved in performing the work; (7) A description of each element of work disruption and exactly how work has been, or will be, disrupted, including: (i) The calendar period of time during which disruption occurred, or will occur; (ii) Area(s) aboard the ship where disruption occurred, or will occur; (iii) Trade(s) disrupted, with a breakdown of manhours for each trade; (iv) Scheduling of trades before, during, and at the period of disruption; (v) Description of measures taken to lessen the disruptive effect. (8) Delay in delivery attributable solely to the events which led to the CAR; (9) Other new work attributable to the events which led to the CAR; (10) Supplementing the foregoing, a narrative statement of the direct causal relationship between any alleged Government act or omission, and the claimed consequences thereof, cross-referenced to the detailed information provided as required above; (11) A Contract Pricing Proposal (SF 1411) of costs for the CAR, including material, labor, indirect costs and other associated costs; (12) A statement of costs budgeted for the work as originally specified under the contract (prior to the events leading to the CAR). (c) The information furnished for each CAR shall be in sufficient detail to permit the Contracting Officer to make a determination and take the appropriate contract action. The Contractor shall have the obligation to timely deliver to the Contracting Officer any requested additional information concerning the CAR. (d) Each CAR shall include all certifications required by statute and regulation appropriate for a claim of its dollar amount. MSC 5252.246-9801 Warranty (DEC 1988) (a) Materials furnished under this contract shall be warranted by the manufacturer's standard warranty. A copy of the warranty shall be enclosed in the shipment or included with the shipping documents. All deliverables must have American Bureau of Shipping (ABS) certification. (b) Notwithstanding the provisions of the Inspection Clause of this contract, the Contractor agrees that the items delivered under this contract shall be covered by the same warranties as the Contractor customarily offers in connection with the sale of these items on the commercial market. In the event that differing warranties covering these items are customarily offered to other purchasers, the Contractor shall, if so required by the Government within a reasonable time after the giving of notice of defect in accordance with such warranties, correct or replace the defective or nonconforming item with all possible speed at the Contractor's cost, including shipping costs, not exceeding usual charges from the delivery point to the Contractor's plant and return. H.17 NAVSEA 5252.223-9114 MANAGEMENT AND DISPOSAL OF HAZARDOUS WASTE (NOV 1996) (a) GENERAL (1) The Contractor shall comply with the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 10 U.S.C. 7311 and all other applicable Federal, State and local laws, codes, ordinances and regulations for the management and disposal of hazardous waste. (2) Nothing contained in this special contract requirement shall relieve the Contractor from complying with applicable Federal, State, and local Laws, codes, ordinances, and regulations, including obtaining licenses and permits, giving notices and submitting reports, in connection with hazardous waste management and disposal in the performance of this contract. Nothing contained herein shall serve to alter either party's liability or responsibility under CERCLA. (3) Materials contained in ship systems are not waste until after removal from the system. (b) IDENTIFICATION OF HAZARDOUS WASTES Work Item 077-01-001 of this contract identifies the types and amounts of hazardous wastes that are required to be removed by the Contractor, or that are expected to be generated, during the performance of work under this contract. (c) GENERATOR IDENTIFICATION NUMBERS (1) Documentation related to hazardous waste generated solely by the physical actions of ship's force or Navy employees on board the vessel shall only bear a generator identification number issued to the Navy pursuant to applicable law. (2) Documentation related to hazardous waste generated solely by the physical actions of Contractor personnel shall only bear a generator identification number issued to the Contractor pursuant to applicable law. Regardless of the presence of other materials in or on the shipboard systems or structures which may have qualified a waste stream as hazardous, where the Contractor performs work on a system or structure using materials (whether or not the use of such materials was specified by the Navy) which by themselves would cause the waste from such work to be a hazardous waste, documentation related to such waste shall only bear a generator identification number issued to the Contractor. (3) Documentation related to hazardous waste generated by the combined physical actions of Navy and Contractor personnel shall bear a generator identification number issued to the Contractor pursuant to applicable law and shall also cite in the remarks block a generator identification number issued to the Navy pursuant to applicable law. (4) Notwithstanding paragraphs (c) (1) - (c) (3) above, hazardous wastes are considered to be co-generated in cases where: (a) the Contractor merely drains a system and such drainage creates hazardous waste or (b) the Contractor performs work on a system or structure using materials which by themselves would not cause the waste from such work to be hazardous waste but such work nonetheless creates a hazardous waste. Documentation related to such co-generated waste shall bear a generator identification number in accordance with the provisions of paragraph (c) (3) above. (5) In the event of a failure by the parties to agree to the assignment of a generator identification number to any hazardous waste as set forth in paragraphs (c) (1) through (c) (4) above, the Government may direct which party or parties shall provide generator identification numbers for the waste and such number(s) shall be used on all required documentation. Any disagreement with this direction shall be a dispute within the meaning of clause of this contract entitled "DISPUTES" (FAR 52.233-1). However, the Contractor shall not stop any work but shall continue with performance of all work under this contract as specified in the "DISPUTES" clause. (6) Hazardous Waste Manifests for wastes described in (c) (2), (c) (3), and (c) (4) above (and (c) (5) as applicable), the Contractor shall sign the generator certification on the Uniform Hazardous Waste Manifest whenever use of the Manifest is required for disposal. The Contractor shall obtain concurrence with the categorization of wastes under paragraphs (c) (3) and (c) (4) above before completion of the manifest. Manifests prepared pursuant to paragraph (c) (1) above shall be presented to the SUPERVISOR for completion after the hazardous waste has been identified. (7) For purposes of paragraphs (c)(2) and (3) herein, if the Contractor, while performing work at a Government facility, cannot obtain a separate generator identification number from the State in which the availability will be performed, the Contractor shall notify the SUPERVISOR within 3 business days of receipt of written notification by the State. After obtaining the SUPERVISOR'S approval, the Contractor shall use the Navy site generator identification number and insert in the remarks block the contractor generator identification number issued for the site where his main facilities are located. For purposes of paragraph (c)(1) herein, if the work is being performed at a contractor facility and the Government cannot obtain a separate generator identification number for the State, the Government shall use the Contractor site generator identification number and shall cite in the remarks block a Navy generator identification number. In both instances described above, the Contractor shall prepare the Uniform Hazardous Waste Manifest described in paragraph (c) (6) above and present it to the SUPERVISOR for completion. MSFSC INVOICE INSTRUCTIONS Submit Invoices to: Military Sealift Fleet Support Command Accounts Payable, Code N8211 471 East C Street Bldg SP 64 Norfolk, VA 23511-2419 Fax: +1 (555) 000-0000 For questions concerning invoice payments or status, contact: Yvonne Council at 757 - 443-2917 (Pacific Ships) NOTES: 1. A copy of the purchase order or modification must be submitted with the invoice. 2. Documentation be provided with the invoice to substantiate shipping charges, if applicable. 3. Annotate invoice as "FINAL INVOICE", when applicable. SUBMISSION OF QUOTES The following information is provided for proposal purposes. Quotes may be emailed to contact@example.gov by 3 September 2010 to be considered for award. The offeror must submit a quote that includes at a minimum: TECHNICAL- Offerors must demonstrate an understanding of the overall scope of work and the plan to accomplish that work. Identify all proposed major (over $25,000.00 aggregate) subcontractors and suppliers by work item and the contractor personnel responsible for each subcontractor used. For all major subcontractors identified, advise whether the use of a second-tier subcontractor is proposed. If so, identify the proposed second-tier subcontractor and the specific work that it will be tasked to perform. In the event a Manufacturer's Technical Representative is required by a work item, identify all Manufacturers' Technical Representatives by source. If there are no Manufacturers' Technical representatives, provide a statement to that effect. Offerors must indicate subcontractors to be used in support of the voyage repair availability. Attachment 03 is provided for completion and inclusion in offerors' proposal. PAST PERFORMANCE- (a) The Government will evaluate past performance as a factor for award. To allow for the evaluation of the Past Performance subfactors listed in the solicitation, the Government intends to review Contractor Performance Assessment Reporting System (CPARS) ratings and other existing past performance ratings on relevant contracts. The Government may also review other relevant past performance information contained in either local or other MSC office's files, or from other Government sources, such as the Supervisors of Shipbuilding. General trends in a contractor's performance will also be considered. (b) Each offeror has the opportunity to provide in its proposal any information regarding its past performance of contracts similar to the Government's requirement that it would like the Government to consider. Such information may be in the nature of: (1) additional information which the Government has readily available, for example, data in the CPARS system; (2) information which the offeror considers essential to the Government's evaluation of Past Performance; or (3) explanatory information of substandard or poor performance and the corrective actions taken to prevent a recurrence. The Government reserves the right to determine the relevancy of such information, and to verify statements and representations made in an offeror's proposal. Any information provided must be in sufficient detail with points of contact to enable the Government to do an evaluation in accordance with the Past Performance subfactors listed in the solicitation. Summary lists of contracts or incomplete data may not be considered. PRICE/BUSINESS- Offerors shall submit completed Representations and Certifications, including those incorporated by reference. Offerors shall submit prices in the format specified on the Price Data Sheet of this solicitation, attachment 02. Each Specification Item Number must either be priced or marked "Not Separately Priced (NSP)."