Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 2—Defense Acquisition Regulations System, Department of Defense |
SubChapter H—Clauses and Forms |
Part 252 - Solicitation Provisions and Contract Clauses |
Subpart 252.2 - Text of Provisions And Clauses |
§ 252.247-7026 - Evaluation Preference for Use of Domestic Shipyards—Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade.
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252.247-7026 Evaluation Preference for Use of Domestic Shipyards—Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade.
As prescribed in 247.574(dc), use the following provision:
Evaluation Preference For for Use of Domestic Shipyards—Applicable To Acquisition of Carriage by Vessel for DoD DOD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008OCT 2024)
(a) Definitions. As used in this provision—
Covered vessel means a vessel—
(1) Owned, operated, or controlled by the offeror; and
(2) Qualified to engage in the carriage of cargo in the coastwise or noncontiguous trade under Section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 12101, 12132, and 55102), commonly referred to as “Jones Act”; 46 U.S.C. 12102, 12112, and 12119; and Section 2 of the Shipping Act, 1916 ( 50501 and 46 U.S.C. 50501)chapter 551.
Foreign shipyard means a shipyard that is not a U.S. shipyard.
Overhaul, repair, and maintenance work means work requiring a shipyard period greater than or equal to 5 calendar days.
Shipyard means a facility capable of performing overhaul, repair, and maintenance work on covered vessels.
U.S. shipyard means a shipyard that is located in any State of the United States or in Guam.
(b) This solicitation includes an evaluation criterion that considers the extent to which the offeror Offeror has had overhaul, repair, and maintenance work for covered vessels performed in U.S. shipyards.
(c) The offeror Offeror shall provide the following information with its offer, addressing all covered vessels for which overhaul, repair, and maintenance work has been performed during the period covering the current calendar year, up to the date of proposal submission, and the preceding four calendar years:
(1) Name of vessel.
(2) Description and cost of qualifying shipyard work performed in U.S. shipyards.
(3) Description and cost of qualifying shipyard work performed in foreign shipyards and whether—
(i) Such work was performed as emergency repairs in foreign shipyards due to accident, emergency, Act of God, or an infirmity to the vessel, and safety considerations warranted taking the vessel to a foreign shipyard; or
(ii) Such work was paid for or reimbursed by the U.S. Government.
(4) Names of shipyards that performed the work.
(5) Inclusive dates of work performed.
(d) Offerors are responsible for submitting accurate information. The Contracting Officer—
(1) Will use the information to evaluate offers in accordance with the criteria specified in the solicitation; and
(2) Reserves the right to request supporting documentation if determined necessary in the proposal evaluation process.
(e) The Department of Defense will provide the information submitted in response to this provision to the congressional defense committees, as required by Section section 1017 of Public Law 109-364 (10 U.S.C. 2631 note).
(End of provision)
[72 FR 49206, Aug. 28, 2007, as amended at 73 FR 70912, Nov. 24, 2008; 84 FR 4371, Feb. 15, 2019; 89 FR 78992, 78996, Sept. 26, 2024]