IFB for Operation Support Services

INVITATION FOR BID

12-0011C

FOR

Establish Multiple Selection Contract for Vessels Refurbishment, Preventive Maintenance, and Logistics Management Services for the Maritime Transportation Authority & State Agencies, Municipalities and Public Corporations for the Government of Puerto Rico

IFB for Operation Support Services

INVITATION FOR BID

ATM Operation Support Services

Table of Contents

1. Overview

1.1. Introduction

1.2. Definitions

1.3. IFB Goal

1.4. Confidentiality

2. Bid Process

2.1. Bid Process Schedule

2.2. Communications Regarding this IFB

2.3. Bidders’ Registry

2.4. Pre-Bid Meeting and Site Visit

2.5. Proposal Submission

2.6. Bid Opening

2.7. Selection Process

2.8. Intent to Award

2.9. Challenge Process

2.10. Contracting

3. Proposal Submittal Instructions

3.1. Service Categories bidding

3.2. Envelope or Package containing the Proposal

3.3. Forms

3.4. Signatures in the Proposal

3.5. Address in the Proposal

3.6. Ways to Deliver the Proposal

3.7. Warning

4. Acceptable and UnacceptableProposal

4.1. Unit Price Quote

4.2. Nonresponsive or Unacceptable proposals

4.3. Incomplete Proposal

4.4. Errors in Proposal

4.5. Submitted Information

4.6. Withdrawal of Proposal

4.7. Several Proposals from a single Bidder

4.8. Total Rejection of Proposal

4.9. Changes

4.10. Limited Proposal

4.11. Single-Bid Response

5. General Conditions

5.1. Transportation, Hauling and Delivery

5.2. Research Collaboration

5.3. Quoted Prices

5.4. Terms of Delivery

5.5. Amounts

5.6. Billing

5.7. Payments

5.8. Bonds and Warranty

5.9. Representations and Warranties

5.10.Tax Withholdings, Tax Filing and other Documentation Requirements

5.11. Conflict of Interests

5.12. Applicable Law Compliance

5.13.US Coast Guard and Homeland Security Regulation

5.14. Cancellation due to failure on delivery and Delays

5.15. Code of Ethics

5.16. Governing Law and Jurisdiction

6. Federally Required Contract Clauses

6.1. Fly America Requirements.

6.2. Buy America Requirements.

6.3. Charter and School Bus Requirements.

6.4. Cargo Preference Requirements.

6.5. Seismic Safety Requirements

6.6. Energy Conservation.

6.7. Clean Water Requirements.

6.8. BusTesting.

6.9. Pre-Award and Post Delivery Audit Requirements.

6.10. Lobbying.

6.11 Access to Records and Reports.

6.12. Federal Changes.

6.13. Bonding Requirements.

6.14. Clean Air

6.15. Recycled Products.

6.16. Davis-Bacon and Copeland Anti-Kickback Act.

6.17. Contract Work Hours and Safety Standards Act.

6.18. [Reserved]

6.19. No Government Obligation to Third Parties.

6.20. Program Fraud and False or Fraudulent Statements and Related Acts.

6.21. Termination.

6.22. Government-wide Debarment and Suspension

6.23. Privacy Act

6.24. Civil Rights Requirements

6.25. Breaches and Dispute Resolution

6.26. Patent and Rights Data

6.27. Transit Employee Protective Agreements

6.28. Disadvantaged Business Enterprises (DBE)

6.29. [Reserved]

6.30. Incorporation of Federal Transit Administration (FTA) Terms

6.31 Drug and Alcohol Testing

7. Contracts

7.1. Contracts Formalization

7.2. Refusal to Comply with the Contracts

7.3. Term of the Contracts

7.4. Contract Termination

8. Specifications

ATTACHMENTS

ATTACHMENT A: BIDDER RESPONSE FORM

ATTACHMENT B: COVER SHEET

ATTACHMENT C: COMPLIACE WITH REQUIREMENTSLETTER

ATTACHMENT D: CERTIFICATION

ATTACHMENT E: Conflicts of Interest Certification

ATTACHMENT F: Sworn Statement

ATTACHMENT G: OWNER OF A NON REGISTRED BUSINESS AUTHORIZATION

ATTACHMENT H: CERTIFICATE OF CORPORATE RESOLUTION

SCHEDULES

Schedule A: Scope of Work

THIS PAGE IS INTENTIONALLY LEFT BLANK

Government of Puerto Rico

DTOP – Maritime Transportation Authority1

IFB for Operation Support Services

1.Overview

1.1.Introduction

The Maritime Transportation Authority (ATM for its acronym in Spanish) is a public corporation and instrumentality of the Commonwealth of Puerto Rico, created pursuant to Act No. 1 of January 1st, 2000, as amended, (“the Maritime Transport Authority of Puerto Rico and Island MunicipalitiesAct”). In compliance with the Act, the ATM has been assigned the task of fulfilling the management of operations and assets related to maritime transportation between Fajardo, Vieques and Culebra.The ATM needs to ensure a safe, reliable, efficient and comfortable marine transportation between Fajardo and the Island Municipalities for the public, commercial and tourism needs, which also promotes the development of the commercial and tourism sectors.

Pursuant to its authority under the Act and in orderto fulfill the aforementioned objectives, ATM and other State Agencies, Municipalities and Public Corporations, areissuing this Invitation for Bid(IFB) with the intention of contracting Support Services for the Operation of the transportation services between Fajardo, Vieques and Culebra. This process will be carried out by the Puerto Rico Government General Services Administration (ASG for its acronym in Spanish).

The General Services Administration (ASG) intends to award Multiple Selection Operational Support Services Contracts for theATM. Multiple Selection contracts are awarded to several service providers with different types of models and prices to meet any unexpected demand, lack of resources or breach of contract.

1.2.Definitions

• IFBDocument –the Invitation for Bid (IFB) that includes the General conditions, provisions, instruction for bidders and explains the submission, selection, award process, and the Scope of Work.
• Bid - The auction process object of this IFB
• Bidder -Any individual, corporation, joint venture, partnership, or any other legal entity submitting a proposal.
• Proposal - The sealed response to the invitation which contains its quote and all additional required documents.
• Contract – Legal agreement between ATM and awarded bidder
• Contractor or Service Provider – Successful Bidder, once a Contract has beenawarded
• ASG – Spanish acronym for The General Services Administration
• ATM– Spanish acronym for The Maritime Transport Authority
• RUL – Spanish acronym for the National Registry of Bidders Established by law under the ASG as a requisite to become a bidder for government contracts.
• Specifications.-The definition of the work to be performed under the contract, detailed in Schedule A: Scope of Work.
• ASG Board of Auctions – Regulatory Entity for this Bid.
• Evaluation Committee –Council of advisors who will evaluate the proposals.
• ATM Board of Directors –The ultimate decision-making body for this Bid.
• ASG Bids Regulation - Procedure to be followed by the Puerto Rico Government for any formal bid, it can be found on the following URL:

1.3.IFB Goal

This is an open bidding process that allows any interested party to submit a proposal in regards to the scope mentioned in thisdocument. Bidders may be individuals, corporations, joint ventures, partnerships, or any other legal entity.

The ASG may not accept proposals from any interested party that do not comply with all of the requirements established in this document.

This IFB is being made available to allentities for their participation in a competitive bidding process. The main purpose of this IFB is to select service providers who will deliverOperational Support services for theATM operations based in Fajardo, Puerto Rico.

The Operational Support services to be provided are related to the following categories:

• CATEGORYA - Vessels Refurbishments and major repairs thereafter

• CATEGORYB - Preventive Maintenance Program for vessels

• CATEGORYC –Logistics Management Support

Refer to Schedule A: Scope of Work, for definitions and details on each Service

1.4.Confidentiality

Throughout the bidding process, bidders will have access to information considered confidential by the ATM. The confidential information includes this document, its attachments, addenda (if applicable), schedules, and all information and materials relating to the business, processes, and equipment of the ATM. By accepting this IFB, bidders understand and agree that the confidential information furnished hereunder shall be used solely for the purpose of submitting a proposal.

Bidders and the ASG understand that these proposals are confidential until the selection and awarding process is completed. In order forthe ASG to treat specific documents, pricing or any other information (financial statements) pertaining to a bidder’s business as confidential, bidders should appropriately mark the relevant documents as such at the top and bottom and must be submitted in a separate sealed envelope identified as “CONFIDENTIAL” .

2.Bid Process

2.1.Bid Process Schedule

The following schedule has been established for this Invitation for Bid. Note that this schedule may be subject to change by ASG.

2.2.Communications Regarding this IFB

The ASG is committed to a fair, open, andcompetitive selectionprocess for interested bidders. As such, communications shall be conducted in accordance with this document.

• No interpretation or clarification of the meaning of any part of the IFB will be made verbally by the ASG nor the ATM to any bidder. Responses to inquiries will be delivered to all Bidders via e-mail in a blind distribution.
• No verbal inquiries will be addressed. All questions and requests for clarification on this Invitation for Bid must be submitted in writing to the ASG, via email (email shown below), no later than the date specified in the IFB schedule (August 22, 2011), and are subject to distribution to all potential bidders.
• Any schedule modification will be explicitly notified. If no extensions are indicated, all proposals are due at the time and date originally specified.
• Communication with Government officials, the Evaluation Committee, or others associated with ASG or ATM with regards to this IFB, other than through the contact listed below, is strictly prohibited and may be grounds for disqualification.
• Bidders must submit a valid email address while picking up the IFB documents. The ATM shall not be responsible for any failure to notify any entity that does not correctly submit a valid email address for said notification.
• The ATM may, in its sole discretion, issue addenda to this IFB containing responses to questions and requests for information, revisions to the IFB or Closing Date, or any other matters that the ATM deems appropriate. Upon distribution, such addenda will become part of this IFB document, whether actual notices of such addenda are shown or not.

All communications should be submitted to:

or

2.3.Bidders’ Registry

Under the provisions of Regulation No. 7416 of October 15, 2007, Regulations of the Bidders’ Registry for the General Services Administration (ASG), all bidders must supply the required information about themselves or about the company they represent in order to become part of the National Bidders’ Registry (RUL for its acronym in Spanish). Registered bidders must keep RUL required documents updated.

Bidders not registered in the RUL, will have ten (10) days from the date of Bid Opening and before the signing of the contract to submit all documents required to be included in the RUL, according to Article 14 of Regulation Number 7416. Under the provisions of this article any interested bidder can participate and submit a proposal.

For instructions to RUL registration, please refer to

2.4.Pre-BidMeeting and Site Visit

• Pre-BidMeeting - The purpose of the Pre-BidMeetingis to discuss in detail the requirements and Scope of Work with bidders in attendance. As shown in the bid processschedule the pre-proposal conference will be held on August 15, 2011 at 10:00 am Eastern Standard Time. The location of said conference will be:

Conference Room

ATMFajardo Ferry Terminal

Calle Unión Final #100

Fajardo, PR

• Site Visit - The purpose of the Site Visit is to provide the opportunity to physically review the facilities and vessels. This site visit shall be conducted onAugust 15, 2011 at the Fajardo ATM terminal, after the Pre-Bid Meeting. The logistics of the visit are still to be determined, depending on the number of bidders, and shall be notified to all entities via e-mail at least 24 hours prior to it being held.

Attendance to the Pre-Bid Meeting and the Site Visit is not mandatory, but highly recommended. No follow-up conferences, meetings, additional access to facilities or vessels, or alternative dates for visits will be allowed unless offered to all bidders. Any changesto the time or date of the Pre-BidMeeting and/or Site visit will be notified to all bidders via e-mail at least 24 hours in advance.

2.5.Proposal Submission

Proposals must be submitted to ASG by the time and date specified in this Bid Process Schedule. ASG will only accept proposals that are received on time. Late submittals will not be accepted.

All proposals must be legible, clear, complete and accurate. Multiple or ambiguous proposals will not be considered. Alterations by erasure, deletion, annotation or correction in the proposal must be explained or noted in the proposal over the signature of the bidder. The use of white ink for corrections will be considered as blot and must be initialized by the person signing the proposal to be considered. Using paper with glue "correction paper" to write up is unacceptable.

2.6.Bid Opening

At 9:30 a.m., an ASG Board of Auctions member will open, examine and publicly declare all proposals received. Bidders, their representatives, and others interested parties are invited to be present at the Opening Ceremony. Every person attending the Opening Ceremony will have to comply with the standards of conduct established by the ASG Board of Auctions Secretary.

Proposals arriving after the Bid Opening, but submitted before due date and time according to official US Post Office stamp will be accepted and will be open as they arrive.

2.7.Selection Process

The Evaluation Committee will evaluate accepted proposals. The evaluation process will objectively grade the response on their merits and responsiveness to the needs of ATM. After completing its evaluation, the Evaluation Committee will forward to the ATM Board of Directors the written evaluation.

Final Selection of the Service Provider will be made by the ATM Board of Directors, taking into consideration all of the evaluation factors set forth in this document, as well as any evaluations or recommendations provided by Evaluation Committee.

The evaluation process may also include verification of references, confirmation of financial information, and may also include interviews, site visits, or other information as directed by the ATM.

Evaluation Criteria

The Evaluation Committee shall evaluate proposals according to the following four (4) factors, point values indicated for a total value of 100 points.

1. Demonstrate an understanding and acceptance20 points

of the scope of work and IFB requirements.

2. Demonstrate the ability to meet the requirements 20 points

of the scope of work.

3. Contractor’s relevant experience, qualifications, 20 points

capabilities and key personnel;

including financial viability.

4. Cost and value of proposal 20 points

5. Project Plan and time table provided to deliver

the services.20 points

TOTAL: 100 Points

The Evaluation Committee will individually evaluate the service categories using the aforementioned scoring process. That is, if a bidder quotes more than one service category, each service category will be independently evaluated.

Presentations

Live proposal presentations may be required as part of the proposal evaluation process. These presentations are intended for the Evaluation Committee to address questions to bidders, allowing bidders to further describe their proposal and how it satisfies the evaluation criteria. At the presentation, bidders should invite individuals who will be key points of contact and that have major responsibilities for contract negotiation. Also, bidders may invite individuals that will carry out the scope of work detailed in Schedule A. Presentations may be recorded.

2.8.Intent to Award

After completing the review of proposals, the ASG Board of Auctions will send an Intent to Award Noticeto all the bidders who submitted Proposals to the address appearing in the proposal. ASG reserves the right, in its sole discretion, to award one or more services to a Bidder.

Award Commitment: The Government of Puerto Rico shall not be considered bound by any award until the corresponding contract shall have been signed.

Award Cancelation: The ASG Board of Auctions may cancel the award at any time before the execution of the contract if the need originating the bid no longer exists or due to lack of funds. Neither the ASG, nor the ATM, nor the Government of Puerto Rico shall be liable in any way in these cases.

2.9.Challenge Process

The ASG maintains written procedures that must be followed for all bid protests. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure shall be filed in writing before the ASG Board of Auctions. The protest must clearly specify in writing the grounds and evidence on which the protest is based and must be submitted within the specified period.

2.10.Contracting

Contracts will be awarded to those bidders whose proposal meets the specifications, terms, conditions, and instructions as established in this IFB document, and whose prices are convenient for ATM and the Government of Puerto Rico. Future sections of this IFB document further explain the contract.

3.Proposal Submittal Instructions

Proposal must be delivered in sealed envelopes one (1) original, two (2) copies and one (1) Compact Disk (CD).

3.1.Service Categories bidding

Proposals may be submitted for one or more of the aforementioned Service Categories. However, all proposals covering more than one service category should be specifically divided by service category since ASG reserves the right, in its sole discretion, to award one or more services to a Bidder.

If the Bidder is not interested in presenting a proposal on any of the service categories, it must clearly indicate it in the Acceptance of Requirement Letter (Attachment C).

3.2.Envelope or Package containing the Proposal

Every Bidder shall submit its proposal in a sealed envelope or package, which shall be marked on the outside as follows:

a)Title

b)IFB Number

c) Opening date and time

d)Name of Bidder

e)Address and phone number

Any proposalsthat are not identifiedas stated above will not be accepted.

3.3.Forms

Proposals must be prepared using the forms provided in Attachment A and must comply with all requirements established in this IFBdocument. Blank spaces shall be properly filled in the forms provided. If necessary, bidders can add more information to clarify or further describe the proposal, but in this case it has to be done on typewriter or computer printout on letterhead of the bidder.