RFP-Tug_Construction_Inspection_Services.pdf

RFP No. 6923G518R0001 Page 2 of 26

PART I

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM UNIT

NO DESCRIPTION QUANTITY UNIT PRICE TOTAL

Provide quality assurance inspection and testing services during the construction phase of an ice breaking class tug at Gulf Island Shipyards in Houma LA, in accordance with the attached Work Statement.

Not-To-Exceed _______________

Please note: Technical and cost proposals are required. See Section L for instructions. The Contractor will be paid for their time and materials in accordance with the schedule in his/her proposal.

Offeror Name/Title

Signature Date

END OF SECTION B

RFP No. 6923G518R0001 Page 3 of 26

SECTION C

DESCRIPTION/SPECIFICATION/WORK STATEMENT

The Saint Lawrence Seaway Development Corporation (SLSDC) is a wholly owned U.S. Government corporation within the U.S. Department of Transportation, which owns and operates that portion of the Saint Lawrence

Seaway in U.S. territorial waters between Lake Ontario and Montreal, Canada. The SLSDC’s function is to facilitate the safe and efficient passage of commercial vessels through the Seaway. Major parts of this function include the operation and maintenance of Eisenhower and Snell Locks located in Massena, New York and of the navigation channels and aids located in U. S. waters. The SLSDC has contracted with Gulf Island Shipyards

(GIS) to construct a tugboat designed to provide icebreaking/ice-management services on the St. Lawrence

Seaway, handling aids to navigation (buoys), and pushing the SLSDC's two (buoy and gate lifter) barges. The tug will also be capable of secondary roles in fire-fighting and pollution response.

The tug will be of all-welded steel construction, to be classified by ABS as an ice class tug, and incorporates an ice-breaking bow form. It will be powered by twin CPP Z-drive propulsion units, each driven by a high-speed diesel engine. The vessel will be equipped with a heavy-duty deck crane, stern roller, towing winch, tugger winch, capstan, gob eye and shark jaws for ease of handling aids to navigation on the aft working deck and for other functions that may be required.

The vessel is designed for operation with an unmanned machinery space with a minimum crew, however comfortable accommodations are included for up to 14 crew members for buoy runs (buoy removal and placement operations).

The tug shall have the following dimensions:

• Length overall = 118 ft.-0 in.

• Length DWL = 109 ft.-7 in.

• Breadth, molded, extreme = 45 ft.-0 in.

• Depth, least molded, hull = 19 ft.-7 in.

• Design draft, molded = 13 ft.-6 in. (approx.)

• Design navigational draft = 16 ft.-0 in. (approx.), including skeg and drives

• Full load draft = 14 ft.-6 in. (approx.)

• Full load navigational draft = 17 ft.-0 in. (approx.), including skeg and drives

• GRT, US = 700-800 tons (approx.)

• GRT, international = 711 tons (approx.)

• Frame spacing = 20 in.

The tug shall have the following characteristics:

• bollard pull, ahead = 65 LT

• bollard pull, astern = 60 LT

• free running speed, ahead (approx.) = 13.5 knots, calm water

The SLSDC is requesting the services of a firm that will provide on-site support for the construction of this vessel at GIS facility in Houma, Louisiana.

RFP No. 6923G518R0001 Page 4 of 26

I. Scope of Work.

The SLSDC is planning to contract with a firm that has personnel experienced in all phases of the construction of the tug including but not limited to structural, mechanical, electrical, and electronics. The on-site support will be performed on an intermittent basis approximately between June 2018 and July 2019 at the GIS facility in

Houma, Louisiana to ensure the quality of the work being accomplished as well as to act as the SLSDC’s on-site representative.

The SLSDC will retain the services of Robert Allen Ltd., the designing firm, to perform all the off-site project management activities. See the attached specifications and drawings for the contract with GIS for more detail as to the work to be accomplished.

A detailed list of anticipated construction support tasks and activities include:

• Serve as the communications hub and interface with GIS.

• Perform on-site shipyard inspections, monitor GIS performance and enforce all requirements of the specifications, drawings, contract provisions, and applicable regulations. These inspections shall make reasonable efforts to guard against defects and deficiencies in the work of the Contractor and to enforce the provisions of the contract documents are being met, including compliance with approved drawings; and USCG and ABS regulations.

• Conduct construction reviews and assessments and witness testing and trials of the vessel throughout the build process, to include dock and sea trials.

• Review and certify that the tasks included in GIS progress payment requests has been completed.

• Review and provide to the SLSDC consultation and recommendations on contract change order requests/proposals. This shall include performing quantity and cost analyses as required for negotiation of change orders.

• Review and advise the SLSDC on production schedule status.

• Review and advise the SLSDC on GIS claims, requests for time extension, etc.

• Perform all assigned on-site contract administrative tasks.

• Generate and maintain various project logs as required by the SLSDC.

• Draft and distribute project status reports, meeting/teleconference minutes, and log updates. These reports shall include a monthly progress report documenting the progress of construction describing key issues, cost status, and schedule status.

• Maintain thorough and complete project documentation in all facets from beginning of the construction phase through project closeout.

• Participate in on-site meetings and interface with GIS and regulatory agent(s) over various project matters.

• Maintain a photographic history record of the vessel construction, to include photographs of field conditions during construction and during post-construction phases.

• Develop and maintain a punchlist to handover to the SLSDC.

It is anticipated that this project will require site visits at varying frequencies throughout the phases of construction. The SLSDC will look for recommendations regarding the required frequency from the contractor and through discussions with the SLSDC, the frequencies will be determined.

II. Duties and Responsibilities.

The Contractor shall monitor the work to ensure conformance to the project specifications and drawings.

Inspection logs shall be submitted electronically to the Contracting Officer’s Representative (COR) and the

RFP No. 6923G518R0001 Page 5 of 26

Contracting Officer within one day of on-site inspections. If the Contractor determines that any of the work is not conforming to the project specifications and drawings, he/she shall immediately notify the GIS Project

Manager/Supervisor and the COR. The Contractor shall follow Occupational Health and Safety Administration

(OSHA) health and safety regulations as applicable to their activities and shall provide all personal protective gear required to conform to these regulations. The Contractor shall coordinate his/her inspections with GIS such that the timing and frequency of the inspections are appropriate to ensure the conformance of the work with the project specifications and drawings.

The Contractor shall mobilize all personnel and equipment as necessary to staff the project on the basis of the GIS schedule.

Conferences and Meetings. The Contractor shall attend the progress meetings scheduled by the Contracting

Officer and shall maintain records of the progress meetings and other job conferences or project-related meetings as required by the Contracting Officer and/or COR. He/she shall prepare and circulate minutes of these meetings to the Contracting Officer and COTR within forty-eight (48) hours after each meeting. If the Contractor notices any delays or discrepancies which require a special meeting, he/she shall notify the Contracting Officer and/or

COR immediately.

Progress Reports. The Contractor shall furnish to the Contracting Officer with a copy to the COR, weekly reports of work progress and of the Contractor's compliance with the progress schedule, and shall consult with the COR in advance of scheduled major inspections or the startup of key phases of the work.

Certifications. During the course of the work, the Contractor shall verify that the GIS has submitted certificates and other required data applicable to the items actually installed in accordance with the specifications and drawings and shall transmit this material to the Contracting Officer with copies to the COR for review prior to progress payments or final payment for the work.

III. Limitations of Authority.

The Contractor shall not:

• authorize any deviation from the specifications and drawings or substitution of materials or equipment,

• exceed the limitations of his/her designated authority as set forth in the contract documents,

• undertake any of the responsibilities of GIS or his/her subcontractors,

• advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are specifically required by the specifications, or

• accept submittals from anyone other than GIS.

IV. Quality Control. GIS bears the ultimate responsibility for conformance of the project to the contract documents, and therefore, in addition to achieving general conformance of the work, GIS shall be responsible for certain testing and inspection activities as are spelled out in the project contract specifications. The Contractor shall monitor the GIS quality control performance, verify proper performance of the activities, collect and distribute reports to the COR and Contracting Officer.

V. Project Contract Documents.

The contract documents include the project specifications and a drawing of the general arrangement of the tug.

Upon award of a contract, the Contractor shall receive the balance of the contract drawings.

RFP No. 6923G518R0001 Page 6 of 26

SECTION D

PACKAGING AND MARKING

D.1. PRESERVATION, PACKAGING, AND MARKING

This section is not applicable.

END OF SECTION D

RFP No. 6923G518R0001 Page 7 of 26

SECTION E

INSPECTION AND ACCEPTANCE

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 address: www.acquisition.gov/

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.1. Inspection of services provided hereunder shall be made by the Contracting Officer’s Representative (COR) or any inspectors designated by the Contracting Officer. The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

E.2. The Contractor shall be responsible for the professional quality and technical accuracy of the services furnished by the Contractor under this contract. The Contractor shall, without additional compensation correct or revise any errors or deficiencies in the required services. The Contractor shall be liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s negligent performance of any of the services performed under this contract.

END OF SECTION E

http://www.acquisition.gov/

RFP No. 6923G518R0001 Page 8 of 26

SECTION F

DELIVERIES OR PERFORMANCE

F.1. PROJECT SCHEDULE.

• Solicitation Issued. 04/04/18

• Technical and Cost Proposals Due. 05/08/18

• A/E Selected and Task Order Awarded. 05/21/18

• On-Site Work to Commence. 06/11/18

• Project Completion. 07/06/19

(Above dates are anticipated and may vary upon award)

It is anticipated that this project will require site visits at varying frequencies throughout the phases of construction. The SLSDC will look for recommendations regarding the required frequency from the contractor and through discussions with the SLSDC, the frequencies will be determined.

END OF SECTION F

RFP No. 6923G518R0001 Page 9 of 26

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACT ADMINISTRATOR

Patricia L. White, Contracting Officer, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York, 13662-0520, telephone number (315) 764-3236, facsimile number (315) 764-3268, and e-mail address patricia.white@dot.gov will administer the contract.

No oral or written statement by anyone other than the Contracting Officer shall modify or otherwise affect any contract clause. Only Contracting Officers acting within their scope of authority can execute contract modifications on behalf of the Government (SLSDC). No claim by the Contractor for any increase in the contract price or adjustment in the performance schedule shall be valid except as may be covered by a duly executed contract modification.

G.2. REQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of his/her performance under this contract appropriate insurance coverage to include workmen’s compensation coverage; general liability and comprehensive automotive liability insurances. Prior to commencing work, the Contractor shall furnish to the Contractor a certificate or written proof of the requirement insurance. A copy of the Contractor’s insurance information shall also be provided to GIS.

G.3. CONTRACTING OFFICER DELEGATION OF AUTHORITY

The Contracting officer may delegate all or part of her authority to administer this contract. Such a delegation will be in writing and will describe the extent of the authority delegated. The Contracting Officer will provide a copy of such delegation to the Contractor.

G.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR)

The Contracting Officer may designate Government personnel or other Contractors to act as the Contracting Officer’s

Representative (COR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set for the authorities and limitations of the COR under the contract. The COR will ensure that the

SLSDC's project objectives are met, along with providing necessary information, direction, coordination, etc., within the contractual work description. The COR is not authorized to change any of the terms or conditions of this contract nor sign documents such as contracts or contract modifications.

When in the opinion of the Contractor, the COR requests work outside the existing scope of the contract, the

Contractor shall promptly notify the Contracting Officer in writing. The Contractor shall take no action until the

Contracting Officer has issued a contractual change or otherwise resolved the issue. A copy of all written correspondence to the COR by the Contractor shall also be mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.1.

mailto:patricia.white@dot.gov

RFP No. 6923G518R0001 Page 10 of 26

G.5. INCORPORATION OF SECTION K BY REFERENCE

In accordance with FAR 15.204-1(c), Part IV of the Uniform Contract Format shall not be physically included in the resulting contract, but shall be retained in the contract file. Section K, Representations, Certifications, and Other

Statements of Offerors (as completed by the Contractor) shall be incorporated by reference in the contract.

G.6. COMPLIANCE WITH EXECUTIVE ORDERS

• EXECUTIVE ORDER (EO) 13693: PLANNING FOR FEDERAL SUSTAINABILITY IN THE

NEXT DECADE

The SLSDC encourages the use of environmentally sound, energy-efficient products and services. This includes, but is not limited to, the use of energy-efficient office equipment, supplies that contain recovered materials, and products that are either degradable, ozone safe, recyclable, contain low volatile organic content compounds, or contribute to source reduction. The Contractor shall comply with the requirements of this order within the scope of its operations.

• EXECUTIVE ORDER (EO) 13043: INCREASING SEAT BELT USE IN THE UNITED STATES

The contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally owned vehicles.

G.7. The Contractor shall not in any way represent that he/she is part of the United States Government or that he/she has the authority to contract or procure supplies on the credit of the United States of America.

G.8. This procurement is subject to the Service Contract Labor Standards; however, the Department of Labor will not be issuing a wage determination due to the number and classification of the workers to be employed on the project.

Therefore, in accordance with Title 29 CFR Part 4, Section 4.6(d), the contractor is required to pay no less than the

Federal minimum wage.

END OF SECTION G

RFP No. 6923G518R0001 Page 11 of 26

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. SECURITY REQUIREMENTS

GIS requires all owner representatives to attend a 30-minute safety orientation training prior to entering the facility to access vessels under construction. Upon completion of the safety training, GIS will issue an Access

Card that will be used at security to allow entrance to the facility. The Access Cards are renewed annually.

The Contractor shall follow the shipyard’s security policy and procedures.

H.2. SERVICE CONTRACT REPORTING REQUIREMENTS

(a) Definition.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the

Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October

31, for services performed under this contract during the preceding Government fiscal year (October 1-September

30).

(c) The Contractor shall report the following information:

(1) Contract number and, as applicable, order number.

(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.

(3) The number of Contractor direct labor hours expended on the services performed during the previous

Government fiscal year.

(4) Data reported by subcontractors under paragraph (f) of this clause.

(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov.

(See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor’s failure to comply with the reporting requirements a part of the Contractor’s performance information under FAR subpart

42.15.

(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.

(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:

(i) Subcontract number (including subcontractor name and unique entity identifier); and

(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.

(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.

https://www.acquisition.gov/sites/default/files/current/far/html/www.sam.gov https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html#wp1075411 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html#wp1075411 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_17.html#wp1076192

RFP No. 6923G518R0001 Page 12 of 26

H.3. ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING

PLATFORM (IPP)

The contractor shall submit payment requests in electronic form unless directed by the contracting officer to submit payment requests by mail. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. Payment requests must be submitted electronically through the U.S. Department of the

Treasury’s Invoice Processing Platform (IPP) system using the “Bill to Agency” of Interior Business Center –

FMD.

“Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable

Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions –

Commercial items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve within 3 to 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email

IPPCustomerSupport@fiscaltreasury.gov or phone (866)973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer.

END OF SECTION H

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscaltreasury.gov

RFP No. 6923G518R0001 Page 13 of 26

PART II

SECTION I

CONTRACT CLAUSES

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 address: http://www.acquisition.gov/

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISLTEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER

(MAY 2011)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

(SEE SECTION H FOR FULL TEXT)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(AUG 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997)

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013) (Applies to materials reimbursement)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME COMPENSATION

(MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

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52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.227-14 RIGHTS IN DATA – GENERAL (MAY 2014)

52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(DEC 2013)

52.233-1 DISPUTES (MAY 2014) ALTERNATE 1 (DEC 1991)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-13 BANKRUPTCY (JULY 1995)

52.243-3 CHANGES—TIME-AND-MATERIALS OR LABOR-HOURS (SEPT 2000)

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

52.246-6 INSPECTION—TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

ALTERNATE I (APR 1984)

52.246-25 LIMITATION OF LIABILITY – SERVICES (FEB 1997)

52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) ALTERNATE IV (SEPT 1996)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,”

“protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at

FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at

41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_13.html#wp1085590

RFP No. 6923G518R0001 Page 15 of 26 noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at

41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal

Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor

(29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

Employee Class Monetary Wage—Fringe Benefits

Engineering Technician VI $29.33 plus 35%

DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATION CLAUSES

(48 CFR CHAPTER 12)

1252.222-70 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK

(OCT 1994)

1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS (APR 2005)

1252.242-73 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (OCT 1994)

END OF SECTION I

http://uscode.house.gov/

RFP No. 6923G518R0001 Page 16 of 26

PART III

SECTION J

LIST OF ATTACHMENTS

• 213-030 TundRA 3600 Ice Class Tug Specifications Revision 3 dated 5/1/15, with Addenda dated June 2017.

• Drawing SLSDC30000R6, General Arrangement

END OF SECTION J

RFP No. 6923G518R0001 Page 17 of 26

PART IV

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov/

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION

(JAN 2017)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $38.5M (Marine Engineering and Naval Architecture).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is

500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of

SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

□ (i) Paragraph (d) applies.

□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

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RFP No. 6923G518R0001 Page 18 of 26

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the

Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance.This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative

Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–

Representation. This provision applies to solicitation that include the clause at 52.204-7.

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at

52.225-1.

(xx) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its

Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its

Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

This provision applies to all solicitations.

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(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–

Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below

[offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR CLAUSE # TITLE DATE CHANGE

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 SAM.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—

REPRESENTATION (NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at

9.108-4.

(c) Representation. The Offeror represents that—

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals— https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188714 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169667 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152369 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1152940 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160855 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1152427 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162560 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_227.html#wp1139116 https://www.acquisition.gov/sites/default/files/current/far/html/52_227.html#wp1145584 https://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085903 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_1.html#wp1085953

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(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has o has not o , within a three-year period preceding this offer, had one or…