A22_W912EE22Q0036.pdf

SEE ADDENDUM

(No Collect Calls)

W912EE22Q0036 07-Jun-2022

b. TELEPHONE NUMBER

601-631-5642

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 14 Jun 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912EE9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MOLLY OKEEFE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W807PM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PR W2R9 ENDIST VICKSBURG

SEE SCHEDULE

4155 CLAY ST

VICKSBURG MS 39180-3435

TEL: FAX:

601-631-7261FAX:

TEL: 601-631- SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

483211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912EE22Q0036

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Towboat Service Base Period

FFP

The Contractor shall provide one 4200 HP towboat with operating personnel, in accordance with the Statement of Work.

FOB: Destination

PSC CD: V125

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Towboat Service - Option Period

FFP

The Contractor shall provide one 4200 HP towboat with operating personnel for 20 additional days, in accordance with the Statement of Work.

PSC CD: V125

NET AMT

Section C - Descriptions and Specifications

SOW

Specifications for the Lease of One Towboat With Operating Personnel

1. Object of these Specifications. It is the object of these specifications to secure for the Government by leasing one 4200 HP towboat with operating personnel. The boat will be used on the Mississippi River from Cairo, Ill., (Mile 953.8 AHP) to the Head of Passes (Mile 0.0). The towboat will tow barges from casting field to job site as may be directed by the Contracting Officer’s Representative (COR). The vessel shall also be used to assist the Corps of Engineers with Pickett duty, towing the Quarter boats, or in other operations as needed for River Operations for the Vicksburg District.

All mileage will be the mileage shown in the latest editions of the Flood Control and Navigation Maps of the Mississippi River and the Navigation Maps of the Atchafalaya River, both of which are prepared under the direction of the President, Mississippi River Commission, U.S. Army Corps of Engineers, P.O. Box 80, Vicksburg, MS 39181 0080.

2. Inspection of Equipment. Prior to award, the COR and/or a government representative(s) will make an inspection of the equipment offered to determine the condition and suitability for the service for which it will be used. If it is found that the equipment offered is not suitable for the purpose intended, or that it is not in good mechanical condition, it will not be accepted and the bidder on that equipment may be rejected as nonresponsive. If deficiencies are of a minor nature and may be easily repaired, the bidder will be given seven days to correct all deficiencies found. Examples of minor deficiencies are found on the MVK Form 2055, Safety Inspection Checklist for Towboats and Tenders (Attachment B). If the deficiencies are not corrected within the seven day period, the bidder will be rejected as nonresponsive. However, in case of award, this inspection will not relieve the Contractor from the satisfactory operation of the equipment during the period of the contract or any extension thereof.

Additionally, the contractor shall submit the completed Data Sheet (Attachment A) with bid.

The vessel is required to meet all aspects of Code of Federal Regulations Subchapter M. The vessel shall have proof of meeting Subchapter M requirements with an onboard valid Certificate of Inspection issued by the Coast Guard.

All regulations within Subchapter M and the CFR as it pertains to towing vessels shall apply to this contract.

3. Delivery and Release.

Delivery of the towboat shall be made afloat to the Corps of Engineers wherever requested at the time of notice to proceed along the Mississippi River between Mile 0 and Mile 955 as directed by the Engineer in Charge, within ten (10) calendar days after receipt of notice to report to work. It is expected, but not guaranteed, that delivery of the boat will be required on or about 18 July 2022. The exact date will depend on the departure of the M/V Mississippi from the Mat Sinking Unit. The towboat usage is expected to be 30 calendar days (720 hours) with the Mat Sinking Unit (though all days in the contract are not guaranteed). The government has the right to release the vessel and crew of its duties before the 30 days (720 hours) are completed if the vessel is no longer needed. The boat shall report for duty by noon of the assigned day at wherever the Mat Sinking Unit is located or as directed by the COR (Contract Officer’s Representative). The boat will be released at the end of the 30 days (720 hours) or as directed by the COR.

The contract may be extended additional calendar days as needed at the option of the Government upon approval by the Vicksburg District contracting office. The boat will be released to the Contractor at the location of the job on which it was last used.

The Contractor will be allowed to substitute another vessel with identical specifications if needed at any period during the contract ONLY if approved by the COR. The new vessel is required to pass the same inspection that the first vessel had passed, but it will not be given a second opportunity to correct minor deficiencies if it does not pass inspection.

Option Period: This contract will include a 20-day option period to be used in the case that the vessel is need for extra days in excess of the original 30 days. It is assumed that the 20 days will be utilized by the government immediately at the conclusion of the original 30 days, though the 20 days may or may not be continuous and may or may not be immediately after the original 30 days. If the contractor is asked to resume duties after being released, the vessel will be considered as being under contract as soon as they are inbound for the Mat Sinking Unit or other location as directed by the COR and will be considered under contract until they are released from the government.

4. Payments.

a. Payments will be made semi monthly after receipt of a proper invoice. Invoices shall include the contract number, invoice date, and correct quantity and total of delivered services. Payment will be made by the hour. All invoices shall be sent to Nathan Jabour at the following email address: Nathanael.j.jabour@usace.army.mil

b. Except as provided in subparagraph d. below, payment will be made for the number of days of actual use during the time that the boat is retained in the custody of the COR beginning on the day that the boat is delivered to the Government Representative as stated in paragraph 3 above, and ending on the day that the boat is finally released to the Contractor. Actual use does not include non-work days.

c. No payment will be made for lost time due to breakdowns or for any causes due to the fault or negligence of the Contractor or his/her employees.

d. Lost Time. Lost time will be considered as the time when the boat is inoperative because of breakdowns and/or other causes due to the fault or negligence of the Contractor or his/her employees. If due to job requirements, the boat is allowed to work with one engine inoperative, the unit price may be reduced to seventy percent (70%) of the applicable contract amount. Time lost for minor repairs and/or adjustments to the boat which, in the opinion of the contracting officer, does not interfere with or result in loss of operating time, will not be charged as lost time to the Contractor.

5. Contract Period.

It is estimated that the towboat will be used 30 consecutive days during this contract period. It is expected that the towboat will generally be used 24 hours per day, 7 days per week. Although the Government assumes the use for 30 days as specified in paragraph 3 above, the right is reserved by the Government to suspend use of the towboat for any period when the Government deems that the vessel is no longer needed to continue operations or if revetment operations are stopped for some reason. The government would have the right to request that the contractor resume services as needed.

6. Performance of Plant.

a. Award of the Contract and acceptance of the boat does not relieve the Contractor from responsibility for the satisfactory performance of the boat. Notwithstanding the estimated days and hours of operation contained in Paragraph 5 above, time is of the essence in the delivery of services under the Contract. Strict compliance with the delivery schedule is essential and untimely delivery of the services required under the Contract, or other unsatisfactory performance, will jeopardize the interests of the Government. If at any time during the contract period it is determined by the Contracting Officer that the boat is not capable of doing satisfactory work and/or meeting the delivery schedule, the Contract may be terminated. Payment will be made as provided in paragraph 4 above only for the payment time accrued up to the date of termination.

7. Control and Responsibility.

a. The Contracting Officer or his/her representative shall direct the location or site of work and the hours of work.

However, the rental is to be considered as a time charter, as distinguished from a demise or a bare boat charter, and the operation of the vessel shall at all times be under the direction of the Contractor or his/her employees.

b. Except to respond to an immediate emergency, the Contractor shall not cease to perform an assigned mission or cease to comply with his/her operating orders that are in effect nor should the boat leave the immediate area of assigned responsibility without obtaining permission from the Contracting Officer's Representative in charge of the operations being performed.

8. Supervision.

Proper supervision will be maintained on the boat by the Contractor to ensure compliance with the terms of the contract and the orders of the Contracting Officer. The Contractor's authorized representatives will be designated in writing at the time of delivery of the boat and at any time thereafter when such authorized representatives may be changed. No instructions of the Contracting Officer's Representative or lack thereof will at any time relieve the Contractor from the responsibility of complying fully with all requirements of the contract. In case of differences arising between the Contracting Officer's Representative and the Contractor or his/her agent, appeal may be made to the Contracting Officer, whose decision shall be final. The Contracting Officer's Representative is not authorized to waive or alter in any respect any of the terms or requirements of the contract, nor to make additional requirements.

9. EM 385 1 1, SAFETY AND HEALTH REQUIREMENTS. EM 385 1 1, Safety and Health Requirements Manual, current edition, and Revetment Branch Safety Checklist are a part of these specifications. The contractor shall comply by all pertinent provisions. No separate payment will be made for compliance with Safety and Health Requirements.

a. Accident Prevention Program. Within 15 days after receipt of Notice of Award, and at least 7 days prior to commencement of the work, the Accident Prevention Program shall be submitted to the Contracting Officer for review and approval. The program shall be prepared in the following format:

(1) An executed Accident Prevention Program Administrative Plan. (A blank copy of the form will be furnished upon request.)

(2) An executed Accident Prevention Program Hazard Analysis as needed for each individual task to be performed by the contractor. (A copy of the forms used by the Mat Sinking Unit will be provided as a sample.)

(3) A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees.

(4) A statement as to the method of fuel oil transfer shall be included. (Refer to 33 CFR 156.)

The Contractor shall not commence physical work at the site until the program has been approved by the Contracting Officer, or his/her authorized representative. Also refer to Section I of EM 385 1 1.

b. Occupational Safety and Health Act. This contract is subject to the provisions of Safety and Health Regulations for Construction and Occupational Safety and Health Standards published by the Department of Labor under authority of Public Laws 91 54 and 91 596.

c. Means of Escape for Personnel Quartered or Working on Floating Plant. Two means of escape shall be provided for assembly, sleeping, and messing areas the towboat. Assembly, sleeping, and messing areas accommodating 6 or more employees shall have 2 exits opening to different exit routes. Sleeping areas accommodating 1 to 4 employees may have 1 exit, so long as that exit opens to a corridor or passageway with exits in both directions. Upper decks shall have stairs fore and aft leading to the main deck.

d. Emergency Alarms and Signals.

(1) General. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person.

(2) Description. The general alarm system shall be electrically operated from the primary electrical system.

The system will be supplemented with standby batteries on trickle charge that will automatically furnish the required energy in the event of failure of the primary electrical system. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All of the signals shall be so interconnected that they can be activated from at least one strategically located point on each deck level.

(3) Emergency Signals.

3.1 Fire Alarm Signals.

3.1.1 The general fire alarm signal shall be a continuous blast of the ship's whistle for a period not less than 10 seconds supplemented by the continuous sounding of the general alarm signal for not less than 10 seconds.

3.1.2 For dismissal from the fire alarm stations, the general alarm bells shall be sounded three times, supplemented by three short blasts from the whistle.

3.2 Abandon Ship Signals.

3.2.1 The signal for abandon ship shall be more than six short blasts and one long blast of the whistle, supplemented by the same signal on the general alarm.

3.2.2 For dismissal, three short blasts of the whistle.

3.3 Man Overboard Signal. Hail and pass the word to the bridge. All personnel and vessels capable of rendering assistance shall respond.

e. Coast Guard Motorboat Operator's License. A Coast Guard Motorboat Operator's License shall be required for the operator of any motorboat 26 feet long or longer.

NOTE: ABOVE REQUIREMENTS ARE IN ADDITION TO THOSE CONTAINED IN SECTION 19 OF EM

385 1 1.

f. Employees under this contract will be required to wear hard hats at all times when working outside covered areas. Life preservers shall be worn at all times when working on open deck floating plant not protected by guard rails. Steel-toed safety boots shall be worn by all persons exposed to hazards to the feet (deck crew). Hard hats, steel-toe boots and life preservers shall be furnished by the Contractor.

g. Par. 03.A.02 of the Safety and Health Requirements Manual provides when a medical facility or physician is not accessible within five minutes of an injury to a group of two or more employees for the treatment of injuries, at least two employees on each shift shall be qualified to administer first aid and CPR. Minimum qualification shall be a current certificate in first aid issued by the American Red Cross, from an agency whose training is deemed equivalent in writing by the American Red Cross or from a licensed physician. A Coast Guard Operator's License in lieu of this certificate is not acceptable. Evidence of such qualification must be furnished to the Contracting Officer prior to commencement of work under this contract, if the work party consists of two or more employees.

h. Ground Fault Protection. All single phase, 15 and 20 ampere receptacle outlets shall have approved ground fault protection for personnel. The ground fault circuit interrupter shall be calibrated to trip a ground fault current of 5 ma or less.

10. Expenses of Operation and Repair.

a. Except as hereinafter provided, the Contractor shall furnish at his/her own expense all operator(s) labor, lubricating oils, greases, appliances, appurtenances, equipment, materials, and bear all expenses incidental to the efficient operation of the boat in connection with the work under the contract. The Contractor shall also bear all direct overhead and collateral expenses incidental to the operation, upkeep, and repair of the boat; shall maintain the boat in a good state of repair and shall arrange for a supply of renewal parts to be on hand when needed for the boat.

The Contractor shall furnish the towboat full of fuel at the point of delivery, and thereafter, all fuel for the operation of the towboat under this contract will be furnished by the Government without cost to the Contractor, including release of the towboat full of fuel at the point of release.

b. When the Government is furnishing transportation to any employees working at the same location that the Contractor's boat is being used, the same transportation facilities to the extent of available space, will be available for use by the Contractor or his/her employees without cost to the Contractor. For and in consideration of this privilege the Contractor releases and agrees to indemnify and save harmless the United States from any and all claims, damage demands, actions, rights of action, costs and/or charges resulting from any loss, death, injury or property damages sustained by the Contractor, his/her employees, and all agents, representatives, heirs or assigns, incident to, or as a result of the use of such transportation.

c. When personnel of the Government unit using the Contractor's boat are working in connection with the Government floating plant, the Contractor may, after obtaining the consent of the Officer in Charge of such plant, tie up to the plant while it is at anchor or tied off to the bank. If mutually agreeable to the Government and the Contractor, the Contractor's boat will be taken into tow by the Government plant; provided, that it will be the responsibility solely of the Contractor to properly secure his/her boat to the Government plant; and further provided that in the event the Contractor's boat is taken in tow by the Government plant, the contractor will have on board the tow at all times a qualified operator. If the Contractor's boat is not taken into tow by the Government plant, it will be the sole responsibility of the Contractor to see that his/her boat is separated there from and moved to a safe distance prior to any movement of the Government plant. For and in consideration of the aforesaid privilege, the Contractor releases and agrees to indemnify and save harmless the United States from any and all claims, damages, demands, actions, rights of action, costs and/or charges resulting from any loss, death, injury or property damage sustained by the Contractor, his/her employees, and all agents, representatives, heirs, or assigns incident to, or as a result of the exercise of said privilege.

11. Pollution Control.

a. Contamination of Water. The Contractor shall not pollute lakes, ditches, rivers, and reservoirs with fuels, oils, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife, or materials which may be a detriment to outdoor recreation. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, State, County, and Municipal laws, regulations and ordinances concerning pollution of rivers and streams, and protection of health, shellfish, fish, and domestic animals.

b. Disposal of Materials. The methods and locations of disposal of materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., shall be such that harmful debris will not enter lakes, ditches, rivers, or reservoirs by erosion. The Contractor will be responsible for the disposal of all solid or hazardous waste (if applicable) in accordance with Coast Guard Regulations, Environmental Protection Agency (EPA) Regulations and the Code of Federal Regulation (CFR's). The Contractor will also be responsible for the disposal of any bilge waste. The Government will not provide a sludge barge for the disposal of the Contractors' bilge waste.

c. Environmental Compliance. Failure to comply with all applicable Federal, State, Local and Coast Guard laws, regulations and ordinances concerning waste disposal and environmental protection will constitute separate and sufficient cause for Termination for Cause of this contract.

12. Personnel.

a. Upon delivery of the towboat, the Contractor shall furnish the Engineer in Charge, Revetment Section, a complete list of all contractor employees who will be working in any capacity on the towboat along with their schedule of work. Updates will be required anytime a change in personnel or work schedule occurs.

b. Crew. The Contractor shall furnish and pay all necessary crew required for the satisfactory and efficient operation of the towboat including not less than one pilot, one engineer, one deckhand leader, and two deckhands per shift. A minimum of two pilots, two engineers, four deckhands shall be maintained in the crew at all times. At least one deckhand per shift will be qualified in the operation of anchor barge winches. The Contractor shall be responsible for compliances with all marine laws pertaining to labor on the towboat. Wage rates applicable to this work have been requested from the Department of Labor. Upon receipt of these rates, you will be furnished a copy and if the cost of the job is increased as a result of these rates, the contractor should request that the order be increased accordingly.

c. Licensed Personnel. The Contractor shall furnish and pay a sufficient number of towboat pilots and/or masters, engineers, and deckhands to operate the towboat the required number of hours. The pilots and/or masters furnished shall be competent and satisfactory to the Contracting Officer and shall possess a current Master of Towing Vessels, Western Rivers license issued by the U. S. Coast Guard for the type, size, tonnage, and horsepower of the boat proposed to be furnished, and for the waters in which it will be operated above the Huey P. Long Bridge, mile 106.1 AHP and said pilots shall have an endorsement on their basic license to operate uninspected towing vessels upon the Inland Waters between the Huey P. Long Bridge, mile 106.1, and the Head of Passes. Operators shall be alert at all times and responsive to the instructions of the Contracting Officer or his/her authorized representative. Under the provisions of paragraph, "Objectionable Employees", operators and deckhands furnished by the Contractor who, in the opinion of the Contracting Officer or his/her authorized representative, are determined incompetent or otherwise objectionable, shall be promptly replaced by the Contractor. Failure to provide competent and capable pilots, engineers, and deckhands at all times will be considered a failure to provide proper performance of the plant and will be grounds for termination of the contract and for the Government to hire another boat with which to continue the work. Should this occur and the cost of the replacement boat so hired exceeds the cost of the boat covered by this contract, the excess cost will be assessed to the Contractor.

d. The towboat will have a certified tanker man on board at all times. Any crewmember who holds a current U.

S. Coast Guard tanker man certificate may serve as tanker man.

e. Objectionable Employees. The contractor will be required to remove from work under this contract any employee who, in the opinion of the Contracting Officer, or his/her representative, is objectionable or incompetent.

This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

f. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

g. The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

h. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

i. The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E‐verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 10 business days after the initial contract award.

13. Towboat.

a. The hull of the towboat shall be steel construction, flat bottom scow bow type, suitable for operation on the Mississippi River. It shall be capable of being easily handled in swift currents and maneuvered in close places. The towboat shall at all times comply with the current rules and regulations of the U. S. Coast Guard and shall be currently certified for operation in the waters specified. BIDS ON TUGBOATS WILL BE CONSIDERED

NONRESPONSIVE.

b. The towboat shall be propelled by two or more diesel marine engines with a total manufacturers rating of not less than 4200 continuous horsepower (flywheel) for all engines and shall be operated at the manufacturer's rated continuous rpm. The contracting officer will use the current Inland River Record to verify horsepower of the towboat being bid. If the horsepower in the Inland River Record does not correlate with the horsepower required by these specification, the bidder must submit with its bid, additional information from the engine manufacturer that evidence that the equipment bid meets the horsepower required of these specification. If additional data is not provided with your bid, your bid may be determined non-responsive. The towboat shall have one steering and two flanking rudders working in conjunction with each propulsion shaft and propeller. The power actuated steering and flanking rudders shall be capable of independent operation and shall be seaworthy and in good mechanical condition. Power source for operation of the steering mechanism shall be independent of the propelling engines.

The towboat shall be equipped with two electric generators, one for standby.

c. The towboat shall be equipped with a pilothouse of sufficient size so as to provide adequate space for the pilot and auxiliary equipment necessary for safe operation of the towboat. The pilothouse shall be equipped with adequate windows to allow the operator good visibility in all directions.

d. The towboat shall have a minimum of two towing knees permanently affixed to the bow extending from the water line to not less than 12 feet above the water line. One towing knee shall be equipped with steps and pipe hand railing.

e. The towboat shall be equipped with ample deck fittings and two power operated winches located forward of the pilothouse, having a minimum capacity of 10,000 lbs. single line pull and not less than 75 feet of steel cable (or similar) of adequate size for securing tow.

f. The contractor shall furnish sufficient ratchets, wire, and fittings to make up a tow of 16 barges, 4 barges long by 4 barges wide.

g. The towboat shall be capable of pushing 9 steel mat barges, 3 barges long by 3 barges wide (each, size 160 feet by 34 feet by 9-1/2 feet) in still water from a standing start, and with the engines operating at the RPM recommended by the manufacturer for continuous duty, for a distance of one statute mile in not more than 7 minutes 0 seconds, and its ability to do so may be demonstrated in a test run as provided in paragraph 2 of the specification before final acceptance is made if required by the COR. Steering and flanking rudders shall operate independently and be sufficient to provide a satisfactory maneuverability with the test tow.

h. The towboat shall have a fuel capacity sufficient to allow 120 hours of operation without refueling.

i. All main deck exterior doors, except sliding doors, shall open towards the outside.

j. All hatches shall be the type that can be made watertight.

14. Electrical Power. The towboat furnished under the contract will be required to furnish electrical power for Government owned plant such as barge pumps, lights, and small motors on crew barges, and distribution pumps on diesel fuel barges. It shall have at least two power outlets at or near the bow and have approximately 5 kilowatts over and above that needed for the operation of the boat available for this purpose. Power source shall be 110 120 volts, AC.

15. Radar. The vessel shall be equipped with two (2) Radar units, one for standby. Both units shall be maintained in operating condition.

16. Radio. Two Government owned FM communication radios will be installed on the towboat while in use under this contract. Title to the radios shall remain in the Government. They will be used only for performance of the contract and will be removed by the Government when the boat is no longer required. The towboat shall have 110 120 volt AC power available for this purpose. Power consumption will be approximately 600 watts. The voltage level must be stable. The electrical generators and other equipment of the boat shall be such that the boat will be able to stand night long layby watches with radio and all deck lights turned on. The vessel shall be equipped with adequate ship to ship radio in good operating condition.

17. Service Delivery Summary

Table 17.1

PERFORMANCE OBJECTIVES SOW PARAGRAPH PERFORMANCE THRESHOLD

Lost Time 4.d No more than 12 hours per week.

Performance of Plant 6.a No more than 3 instances of unsatisfactory work or failure to meet delivery schedule.

Personnel 13.b No more than 2 instances of undermanned crew as per section

13.b.

18. QUALITY CONTROL / QUALITY ASSURANCE

18.1 Quality Control. The Contractor shall agree to the quality assurance surveillance program for the purpose of assuring the requirements of the contract are provided as specified. The QASP will outline the duties of the contractor and government representatives as it pertains to quality control. The contractor may make suggestions for additions to the QASP upon approval by the COR.

19. SECURITY REQUIREMENTS

19.1 Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

19.2 Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See Something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

19.3 Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

19.4 Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

20. VETERANS EMPLOYMENT EMPHASIS FOR US ARMY CORPS OF ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-JUL-2022 TO

17-AUG-2022

N/A PR W2R9 ENDIST VICKSBURG

SEE SCHEDULE

4155 CLAY ST

VICKSBURG MS 39180-3435

W807PM

0002 POP 18-AUG-2022 TO

06-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

W807PM

Section G - Contract Administration Data

CONTRACT ADMIN DATA

SPECIAL INSTRUCTIONS

General Notices

Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

Period of Performance:

Contract Base Period: 30 days after contract award Option Period: 20 additional days after base period

Coordination of Delivery: All work shall be coordinated with the Government POC, which will be designated at time of award.

INVOICE INSTRUCTIONS:

(1) A PROPER INVOICE MUST BE SUBMITTED IN ACCORDANCE WITH FAR 52.212-4(g)

(2) SUBMIT INVOICE VIA EMAIL TO:

CEFC-B4invoices@usace.army.mil CEMVK-Invoices-Billings@usace.army.mil Amber.H.Reynolds@usace.army.mil Nathanael.J.Jabour@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL POC VIA EMAIL.

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR’S FINAL INVOICE SHALL BE

SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE DATE SPECIFIED IN

THE CONTRACT. THE INVOICE MUST BE CLEARLY MARKED “FINAL” AND SUBMITTED AS

OUTLINED ABOVE.

CONTRACTOR POINT OF CONTACT:

TBD at time of contract award

GOVERNMENT TECHNICAL POINT OF CONTACT:

TBD at time of contract award

GOVERNMENT CONTRACTING POINT OF CONTACT:

TBD at time of contract award

Section H - Special Contract Requirements

SPEC CONTRACT REQUIREMENTS

See Wage Determinations found in Attachment B at end of document.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.227-7015 Alt I Technical Data--Commercial Items (FEB 2014) Alternate I MAR 2022 252.227-7037 Validation of Restrictive Markings on Technical Data APR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.247-7025 Reflagging or Repair Work JUN 2005 252.247-7027 Riding Gang Member Requirements MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate…