ag-0116-s-11-0076.pdf

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Mooring Buoy Reconditioning Federal contract opportunity
Solicitation number
AG-0116-S-11-0076
Issued by
Department of Agriculture Forest Service R10-Alaska Region

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REQUEST FOR QUOTES

Solicitation No: AG-0116-S-11-0076

PROJECT NAME: Mooring Buoy Reconditioning

ISSUING OFFICE:

US Forest Service Supervisors Office, 204 Siginaka Way

Sitka, AK. 99835 Phone (907) 747-4272 – Fax (907) 747-4344

Quotation Due Date:

05/20/2011

QUICK INDEX

Section Item Description A SF 18, Request For Quotations

B Schedule of Items

C Description and Specifications

D Packaging and Marking

E Inspection and Acceptance

F Deliveries and Performance

G Contract Administration Data

H Special Contract Requirements

I Contract Clauses

J List of Attachments

K Representation/Certifications

L Instructions to Offerors

M Evaluation Factors

QUOTE REMINDERS

Submit printed copy of quote to the address listed on the enclosed SF 18.

Before submitting your quote, please review the following:

• Have you rechecked your bid figures?

• Have you completed the Schedule of Items?

• Have you completed and signed the SF 18, Request For Quotations?

• Have you acknowledged all amendments?

• Have you registered in the Central

Contractor Registration database?

(Section I.2)

• Have you completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http:/ / orca.bpn.gov (Section K)

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER)

THIS RFQ IS IS NOT A SMALL BUSINESS-

SMALL PURCHASE SET-ASIDE (52.219-4)

PAGE

OF

PAGES

1. REQUEST NO.

AG-0116-S-11-0076

2. DATE ISSUE

4/20/11

3. REQUISITION/PURCHASE REQUEST

NO.

4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1 >

RATING

5A. ISSUED BY

Tongass National Forest, Fed. Bldg., 204 Siginaka Way, Sitka, AK. 99835

6. DELIVER BY (Date)

5B. FOR INFORMATION CALL: (Name and telephone no.) (No collect calls)

Diane Woodling, 907.747.4272, FAX 907.747.4344

7. DELIVERY

FOB DESTINATION OTHER (See Schedule)

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

USDA Forest Service 204 Siginaka Way Sitka, AK. 9835

9. DESTINATION (Consignee and address, including ZIP Code)

10. PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN

BLOCK 5A ON OR BEFORE CLOSE OF BUSINESS (Date)

May 20, 2011 COB 3:00pm

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5A. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

12. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Mooring Buoy Reconditioning

For technical questions regarding service, contact AnneMarie LaPalme at 747.4209.

Send quotes by fax, email or mail to:

Diane Woodling 204 Siginaka Way Sitka, AK 99835 Fax-907-747-4344 email-dwoodling@fs.fed.us

13. DISCOUNT FOR PROMPT PAYMENT >

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

NOTE: Additional provisions and representations are are not attached.

14. NAME AND ADDRESS OF QUOTER (Street, city, county, State, and ZIP Code)

15. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. DATE OF QUOTATION

17. NAME AND TITLE OF SIGNER (Type or print)

18. TELEPHONE NO.

(Include area code)

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

PART I - SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Mooring Buoy Reconditioning

B- 1 - SCHEDULE OF ITEMS – Offeror must provide an offer on ALL ITEMS Base Items

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

01a

Retrieve, Recondition, and Deploy existing mooring buoy - Zone 1- Moser, Appleton

JB

01b existing mooring buoy - Zone 2 -Neva, Allan Point, Mud Bay, Brents Beach, Piper Island

01c existing mooring buoy - Zone 3- Silver, Redoubt, Kanga Bay, 7-Fathom

01d

Inspect, maintain, and report mooring buoy - Freds Creek, Samsing

Total Base Bid

Additive Items (reference the provision AGAR 452.236-70)

Option Item - Video record of item 01d mooring buoys

EA

Total Additive Items

Grant Total All Items

B-2 - NOTE: Payment: This is a firm-fixed price contract. Payment will be made using terms Net30 at the completion of all work awarded.

Prices Submitted By:

Signature: Phone:

Vendor Name: Fax:

Address: Email:

DUNS# TIN#

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

The contractor shall supply all tools, materials including chain, shackles, anchor block, paint, and reflective tape needed to recondition buoys and labor, and transportation to the work site of twelve mooring buoys in various locations at Forest Service Recreation Cabins located on the Sitka Ranger District. This contract includes furnishing labor, equipment, supervision, transportation, operating supplies, and incidentals of inspecting, video recording, and producing dive reports, and completing maintenance of the buoys. The government will supply one Topper Buoy to be used to replace buoy retrieved for reconditioning. The buoys included in this Scope of Work are located on the north portion of Baranof Island and the southern end of Chichagof Island, on the Tongass National Forest as notated on the enclosed map. All locations are within 60 boating miles of Sitka, Alaska.

LOCATION AND DESCRIPTION

All buoys are shown as located on attached map (Part J). All buoys are located in less than 90 feet of water.

Location Cabin Installed Brents Beach - 15 miles (24 km) northwest of Sitka, on the eastern shore of Kruzof Island in Crab Bay.

Longitude: -135.5627778 Latitude: 57.13861111

Yes 2000

Mud Bay Longitude: -135.36.963 Latitude: 57.10.547

Shelter 2002

Silver Bay Longitude: -135.1436 Latitude: 56.9819

No 2002

Allan Point - 16 boat miles (26 km) north of Sitka, near Allan Point on Halleck Island, in upper Nakwasina Sound.

Longitude: -135.3977778 Latitude: 57.24277778

Yes 2002

Appleton Cove - 30 air miles (48 km) or 50 boat miles (80

km) north of Sitka at the mouth of Appleton Cove of Rodman Bay off Peril Strait Longitude: -135.27 Latitude: 57.46694444

Location Cabin Installed North Neva Strait Longitude: -135.36.992 Latitude: 57.17.661

Shelter 2002

Moser Island - 48 miles (77 km) north of Sitka on northern shore of Moser Island in upper Hoonah Sound Longitude: -135.7147222 Latitude: 57.70333333

Piper Island - On a very small island about 30 miles (48

km) north of Sitka in Fish Bay on Baranof Island.

Longitude: -135.5938889 Latitude: 57.39166667

Yes 2001

Seven Fathom - 22 miles (35 km) southeast of Sitka on Baranof Island. It lies north of West Crawfish Inlet just north of the South Baranof Wilderness Area.

Longitude: -135.2966667 Latitude: 56.79444444

Kanga Bay - 12 miles (19 km) south of Sitka on Baranof Island.

Longitude: -135.3413889 Latitude: 56.87916667

Redoubt Bay - 10 miles (16 km) south of Sitka on Baranof Island Longitude: -135.1327778 Latitude: 56.92388889

Yes 2001

Samsing Cove Longitude: -135.35056 Latitude: 56.980056

No 2005

Fred’s Creek Longitude: -135.36.095 Latitude: 57.03.815

Yes 2003

TECHNICAL SPECIFICATIONS

Work to be completed by November 15, 2011. Work on buoys associated with cabins will be completed on weekdays unless otherwise arranged with the COR. The contractor is expected to act in a responsible and prudent fashion while assessing and performing service needs and to minimize impact on visitors recreating in the area.

Following is a description of work to be completed on each buoy.

RECONDITION

Reconditioning to include cleaning buoys of all debris and for sufficient adherence of paint and reflective tape. Paint will be 2 part epoxy bottom paint 34u149/34u402. One pint of paint per buoy will be used to coat the top tire. Reflective blue tape will be placed on 12” diameter steel can. Tire and steel can must be dry during application of paint and reflective tape. Allow sufficient time for paint to dry prior to deployment. Ring and 7/8”shackle used to attach chain to buoy will be reused. When deploying buoy all shackle pins will be secured with stainless steel wires and plastic ties. Zincs, 3”x 12” with weld on tabs will be attached with 1 ea ½”x 2” stainless steel bolt, lock and flat washer. The replacement anchor will be a 4200 lbs concrete block with imbedded boom chain 1 ½” minimum diameter. Anchor chain to be American Bureau of Shipping (ABS) tested 7/8” stud link chain, grade 2. Chain will be attached to concrete anchor with 1 1/8” shackle. All shackles to be hot dipped galvanized.

Remaining reconditioned buoys will be returned to the Government warehouse.

Report to include depth of water, time, date, and approximate distance from shore of deployed buoy including GPS location. Reconditioned buoy will be placed in same location as before reconditioning.

INSPECTION

Inspections are to include taking a thickness measurement every 10 feet of chain with a caliper and video record of the entire buoy, chain, and anchor system. Inspect buoy and anchor system to determine overall condition. Video and dive reports must be submitted to the Contracting Officer before work is considered complete. Zincs (3 x 12 with steel tabs for welding) and stainless steel bolts that attach zincs to buoy will be replaced on each buoy. Replace stainless steel wire securing pins in shackles or shackles if needed. Growth attached to buoy will be cleaned off. If a question of contract scope arises on a service item, the COR shall be contacted.

Typed inspection report to include for each buoy:

• Name of Inspector and buoy

• Date and time of inspection

• Water depth to anchor

• Time and depth of water at low and high tide for day

• Caliper measurement of chain and depth of water at measurement

• Overall condition of each buoy system and any further recommendation for maintenance

• GPS point for buoy

• Approximate buoy distance from shore

• Any problems or useful information concerning anchor system

Video to include:

• Video of each buoy, entire chain, observation points, and anchor with each location identified in video

PERMITS AND RESPONSIBLITIES (FAR 52.236-7) (NOV 1991)

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and Municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor’s fault or negligence. The Contractor shall also be responsible for materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

PAYMENT Payment will be made after the completion of work. Payment will be made only after the contractor submits an invoice for services to the COR at Sitka Ranger District, 204 Siginaka Way, Sitka, AK 99835.

SECTION D--PACKAGING AND MARKING

The Government singularly identifies each project with a contract number at time of Award. The contract number is a unique identifier to purposely and permanently represent an awarded project. The Government issued contract number is to be referenced on all official communication starting upon notice of award.

SECTION E--INSPECTION AND ACCEPTANCE

E.1 FAR 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/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-1 Contractor Inspection Requirements (APR 1984) 52.246-4 Inspection of Services (AUG 1996) http://www.arnet.gov/far/�

SECTION F--DELIVERIES OR PERFORMANCE

F.1 FAR 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/these address(es):

www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

F.2 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

SECTION G--CONTRACT ADMINISTRATION DATA

G.1 Contracting Officer’s Representative (COR) The Contracting Officer will designate a representative hereinafter referred to as the Contracting Officer's Technical Representative (CTOR) who will provide on-the-ground administration for the Government. The COR will be designated in writing and a copy of the designation will be furnished to the Contractor before or at the pre-work conference. The Contractor is cautioned to carefully read the COR designation because certain authority under the contract is reserved solely for the Contracting Officer.

G.2 Contractor’s Designated Representative It is required that the Contractor have a designated representative available on the project during the entire project and that the representative be able to speak and understand English. When designating a representative, the Contractor shall furnish a copy of the designation in writing to the Contracting Officer. Such designation shall clearly indicate the name and limitations (if any) of authority of the representative. If the Contractor intends to designate a representative prior to the pre-work meeting, the representative is strongly encouraged to attend that meeting.

G.3 Government Furnished Property The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with the provisions of the "Government Property" FAR clause contained elsewhere in the contract.

G.4 Method of Payment and Invoicing Procedures After inspection and approval of completed service, the COTR will inform the Contractor of the proper amount to invoice. Contractor’s that submit invoices without consulting with the COR for actual services inspected and accepted risk submitting an improper invoice. Payment is based upon service completed and calculated at the item bid price shown in the Schedule of Items.

Both progress payments and final payments are paid thirty days from the later of; the date the designated billing office receives a Proper Invoice or the date the invoiced work is accepted. A Proper Invoice has the required information as per FAR 32.905(b) and contains:

• Name and address of the Contractor.

• Name and address of billing office .

• Invoice date and Invoice Number (The Contractor should date invoices as close as possible to the date of mailing or transmitting).

• Contract number or Task Order Number.

• Description, quantity, unit of measure, unit price and extended price of services or supplies delivered. (The Contract Line Item Number found in the Schedule of Items).

• Name and address of contractor official to which payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

• Name, title, phone number and mailing address of person to notify in the event of a defective invoice.

• Taxpayer Identification Number (TIN).

It is the responsibility of the Contractor to submit Proper Invoices. The Government will return defective invoices to the Contractor for correction and that could mean a delay in the payment process.

Send or fax invoices to the designated billing office: NOT to the COTR. Please make your invoice neat and legible. We advise using large type size to retain readability after faxing. See Invoice Example Exhibit in Section J.

Designated Billing Office Tongass National Forest, Contracting Office

204 Siginaka Way Sitka, AK 99835 Fax 907-747-4344

SECTION H--SPECIAL CONTRACT REQUIREMENTS

{For this Solicitation, there are NO clauses in this Section}

PART II--CONTRACT CLAUSES

SECTION I. CONTRACT CLAUSES

I.1 FAR 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/these address(es):

www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010)

52.215-8 Order of Precedence--Uniform Contract Format (OCT 1997) 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) 52.222-3 Convict Labor (JUN 2003) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-41 Service Contract Act of 1965, as Amended (NOV 2007) 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction

Contracts (DEC 2007) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (SEP 2010) 52.232-1 Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (JAN 1986) 52.232-25 Prompt Payment (OCT 2008) 52.232-33 Payment by Electronic Funds Transfer – Central Contractor Registration (OCT

2003) 52.233-1 Disputes (JUL 2002) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1 Changes--Fixed-Price (AUG 1987)--Alternate I (APR 1984) 52.244-6 Subcontracts for Commercial Items (DEC 2010) 52.249-2 Termination for Convenience of the Government (Fixed-Price) (MAY 2004) 52.249-8 Default (Fixed-Price Supply and Service) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) http://www.usda.gov/procurement/policy/agar.html� https://www.acquisition.gov/far/current/html/52_223_226.html#wp1188603�

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.237-70 Loss, Damage, Destruction or Repair (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

I.2 FAR 52.204-7 Central Contractor Registration (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)

(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

http://fedgov.dnb.com/webform�

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961- 5757.

http://www.ccr.gov/�

PART III--LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J--LIST OF ATTACHMENTS

Wage Determination WD-04-0047 7 pages Map 1 page

WD 04-0047 (Rev.-10) was first posted on www.wdol.gov on 12/01/2009 Diver Services

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Shirley F. Ebbesen Division of Wage | Wage Determination No: 2004-0047 Director Determinations | Revision No: 10 | Date Of Revision: 11/23/2009 NATIONWIDE: This wage determination applies to the Coastline of the U.S., Alaska and Hawaii except DC, DE, FL, GA, MD, NC, SC and VA (Southern Areas) .

ALASKA AREA: Alaska Coastline.

GULF OF MEXICO AREA: All land areas adjacent to the Gulf of Mexico, except Gulf of Mexico area in Texas and Louisiana (see WDs numbers below).

NEW ENGLAND AREA: From the border of New Brunswick, Canada down to longitude that is parrallel to the border between Massachusetts and Rhode Island so as to include Nantucket Island and Martha's Vineyard.

NEW YORK AREA: From the above down to the line between Monmouth and Ocean Counties, New Jersey.

NORTHERN CALIFORNIA AREA: From the above longitudinal parallel line extending out from the border of Oregon and California.

OREGON AREA: From the above longitudinal parallel line extending out from the border of Washington and Oregon.

SOUTHERN CALIFORNIA AND HAWAII AREA: From the border of Mexico to a line starting from the border between San Luis Obispo and Monterey Counties, California parallel to the latitudinal lines, including Hawaii.

WASHINGTON AREA: From the above to a longitudinal parallel line extending out from the border of Canada and Washington.

See WD 2002-0190 for Louisiana and WD 2002-0261 for Texas.

The Southeast Area has been removed which includes the Southern Area of New Jersey and can be located on WD 2007-0134.

**Fringe Benefits Required Follow the Occupational Listing**

Employed on contract for Diving services.

OCCUPATION CODE - TITLE FOOTNOTE RATE

47040 - Diver Alaska Area - Diver 74.68 Alaska Area - Stand-by-Diver 37.34 Gulf of Mexico Area - Diver/Helper 25.52 Gulf of Mexico Area - Journeyman Diver 27.02 Hawaii 41.45 New England Area - 60 feet or less - Massachusetts-$150.00/per Dive (8 50.74 hr shift) New York Area 54.63 Northern California Area 76.58 Northern California Area - Stand-by-Diver 38.29 Oregon Area - Diver 77.94 Oregon Area - Stand-by-Diver 38.97 Southern California Area - Diver 82.96 Southern California Area - Stand By Diver 41.48 Washington Area - Diver 85.24 Washington Area - Stand-by-Diver 42.62 47041 - Diver Tender Alaska Area - Assistant Tender 32.30 Alaska Area - Tender 36.34

Hawaii 36.50 New England Area 36.24 New York Area 39.18 Northern California Area - Assistant Tender ROV Tender/Technician 33.90 Northern California Area - Tender ROV Operator/EMT Tech 37.29 Oregon Area 36.74 Southern California - Assistant Tender 37.48 Southern California Area - Tender 40.48 Washington Area 38.27 Diver can negotiate pay under the following conditions:

For dives deeper than depths specified For special penetration situations

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

ALASKA AREA Fringe Benefits:

DEPTH PAY: 050 - 100 ft. - $1.00/ft.

101 - 200 ft. - $2.00/ft.

Over 200 Divers negotiated

HELIUM - OXYGEN SURFACE DIVING DEPTH PAY:

200 - 250 ft. - $3.00/ft.

251 - 300 ft/ - $4.00/ft.

In excess of 300 feet - Divers negotiate, but not less than $4.00 per foot

TUNNEL OR PIPE PAY (based on distance traveled from the entrance):

005 - 050 ft. - $1.00/ft./per day 050 - 100 ft. - $2.00/ft./per day 100 - 150 ft. - $3.00/ft./per day Over 150 ft. - Diver negotiated, but not less than $3.00/ft/day

HEALTH AND WELFARE: $7.15 per hour.

PENSION: $9.28 per hour.

APPRENTICE TRAINING: $.80 per hour.

GULF OF MEXICO AREA (except areas in Texas and Louisiana) Fringe Benefits:

HAZARD PAY: $35.00 per eight hours shift for divers where work involves entry into any area where vertical ascent is not possible (tunnels, wrecks, etc.), live boating (diving from a moving vessel) or blasting.

DEPTH PAY:050 - 100 ft. - $1.00/ft.

100 - 150 ft. - $2.00/ft.

151 - 200 ft. - $3.00/ft.

201 - 250 ft. - $4.00/ft.

251 - 350 ft. - $6.00/ft.

351 - 400 ft. - $7.00/ft.

401 - 500 ft. - $8.00/ft.

500 ft. and over - Diver negotiated but not less than $8.00/ft.

HEALTH AND WELFARE: $3.30 per hour.

APPRENTICE TRAINING: $0.50 per hour.

PENSION: $2.30 per hour.

ANNUITY: $2.10 per hour.

HAWAII AREA fringe benefits:

DEPTH PAY: 50 - 100 ft. - $1.50 /ft. in excess of 50 ft.

100 - 150 ft.- $100.00 plus $2.00 per ft. in excess of 100 ft.

150 - 200 ft. - $200.00 plus $3.00 per ft. in excess of 150 ft.

Over 200 ft. - the Diver shall have the right to designate his/her own rate, but in no case shall that rate be lower than the above-specified rate for depths of less than 200 feet.

Pipe & Tunnel - Ability to stand erect:

5 ft. - 50 ft - $5.00 per day 50 ft - 100 ft - $7.50 per day 100 ft. - $150 ft - $12.50 per day 150 ft - Additional - $7.50 per day per 50 ft

Unable to stand erect.

5 ft - 50 ft - $5.00 50 ft - 100 ft - $7.50 100 ft - 150 ft - $12.50 150 ft - 200 ft - $15.00 200 ft - 300 ft - $1.00 300 ft - 450 ft - $1.50 450 ft - 600 ft - $2.50

HEALTH AND WELFARE: $5.92 per hour

VACATION AND HOLIDAY FUND: 5.25 per hour

APPRENTICESHIP AND TRAINING: $0.71 per hour

401(k) FUND: $1.50 per hour

NEW ENGLAND AREA Fringe Benefits:

Remote Observation Vehicles (ROV) Autonomous Underwater Vehicles (AUV) Atmospheric Dive Suits (ADS) and Submersible Pilots & Robotic Underwater Tools & Equipment

Also rates for Slurry/Efflvent

Diver - $76.11 Tender - $54.36

DEPTH PAY:Over 60 ft. - 100 ft. - $.55/ft./per dive.

Over 101 ft. - 150 ft. - $1.05/ft./per dive Over 151 ft. - 200 ft. - $1.60/ft./per dive Over 200 ft. - Diver/negotiated

PENETRATION PAY: 1 ft. - 150 ft. - $.55/ft per dive 151 ft. and over - $.80/ft per dive Special situation - subject to negotiation per dive

HEALTH AND WELFARE: $7.33 per hour

PENSION: $5.51 per hour

ANNUITY: $9.01 per hour

APPRENTICESHIP: $.50

NEW YORK AREA Fringe Benefits:

AIR DIVES

060-74 FT. $.25/ft./day from and over 60 ft.

75-125 FT. $.78/ft./day from and over 75 ft.

MIXED GAS DIVES

75 ft - 125 ft. $.78/ft./day 126 ft - 200 ft - $1.60 per foot

AIR & MIXED GAS DIVES: Over 200 ft. - diver negotiated

HEALTH AND WELFARE: $10.25 per hour

VACATION: $6.66 per hour

PENSION: $13.31 per hour

ANNUITY: $7.10 per hour

APPRENTICESHIP: $.70 per hour

SUPPLEMENTAL: $.04 per hour

NORTHERN CALIFORNIA AREA Fringe Benefits:

DEPTH PAY:050 - 100 ft. - $2.00/ft.

101 - 150 ft. - $3.00 151 - 220 ft. - $4.00 Over 221 ft. - $5.00

TUNNEL OR PIPE PAY: (based on distance traveled from the entrance):

0 - 25 ft. - no charge 26 - 300 ft. - $1.00/ft

Where diver is unable to stand erect in tunnel or pipe or when it is necessary for a diver to enter any pipe or tunnel or other enclosure over 300 feet from the entrance or less than 48" in height, the premium will be by mutual agreement between the diver, the Union, and the contractor, but never less than $1.00 per foot.

$1.00/ft

MANIFOLD OPERATOR: $37.29

MIXED GAS MANIFOLD TECHNICIAN/DECOMPRESSION CHAMBER

OPERATOR: $42.29

HEALTH AND WELFARE: $8.55 per hour.

VACATION: $4.86 per hour.

PENSION: $5.05 per hour.

APPRENTICE TRAINING: $.53 per hour

ANNUITY: $4.00 per hour.

OREGON AREA Fringe Benefits:

DEPTH PAY:050 - 100 ft. - $1.00/ft.

101 - 150 ft. - $1.50/ft.

151 - 200 ft. - $2.00/ft.

Over 200 ft. - Diver negotiated

TUNNEL PAY (tunnel, pipe, or other enclosure in which there is no vertical escape based on distance traveled from the entrance):

005 - 50 ft. - $4.00/day 050 - 100 ft. - $5.00/day 100 - 150 ft. - $8.00/day 150 - 200 ft. - $20.00/day 200 - 300 ft. - $.40/ft.

300 - 450 ft. - $.80/ft.

450 - 600 ft. - $1.60/ft.

Over 600 ft. - Diver negotiated

HEALTH AND WELFARE: $6.44 per hour.

PENSION: $5.06 per hour.

APPRENTICE TRAINING: $.72 per hour

DRUG TEST: $.10 per hour.

SOUTHERN CALIFORNIA Fringe Benefits:

The listed wage rates are for depths up to and including 50 feet.

DEPTH PAY:050 - 100 ft. - $2.00/ft./day 101 - 150 ft. - $3.00/ft./day 151 - 200 ft. - $4.00/ft./day 221 - Deeper $5.00

Manifold Operator - $40.48 Gas Manifold Operator - $45.48

TUNNEL OR PIPE PAY (based on distance traveled from the entrance):

0 - 25 ft. - No charge 25 - 300 ft. - $1.00/foot These premiums are per day midnight to midnight.

Where diver is unable to stand erect in tunnel or pipe:

When it is necessary for diver to enter any pipe or tunnel or other enclosure over 300 feet from entrance or less than 48" in height, the premium will be by mutual agreement between the diver, the union and the contractor, but never less than $1.00 per foot.

HEALTH AND WELFARE: $3.95 per hour.

VACATION: $3.30 per hour.

PENSION: $1.91 per hour.

APPRENTICE TRAINING: $.42 per hour.

WASHINGTON AREA Fringe Benefits:

DEPTH PAY: 050 ft - 100 ft. - $2.00/ft.

101 ft - 150 ft. - $3.00/ft.

151 ft - 220 ft. - $4.00/ft.

221 ft - 299 ft - $5.00/ft.

Over 299 ft. - Dirver negotiate

TUNNEL OR PIPE PAY (based on distance traveled from the entrance) 000 - 025 ft. - N/C 025 - 300 ft. - $1.00/per feet 100 - 150 ft. - $8.00/day Over 300 ft. or less than 48' in height - Negotiate with Diver, but not less than 1.00 per foot per/day .

HEALTH AND WELFARE: $6.68 per hour.

PENSION: $4.25 an hour.

APPRENTICE TRAINING: $.64 per hour.

SUBSTANCE ABUSE PROGRAM: $0.064 per hour

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

PART IV--REPRESENTATIONS AND INSTRUCTIONS

SECTION K--REPRESENTATIONS, CERTIFICATIONS, AND

OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:

U. S. Department of Labor VETS-100 Reporting 4200 Forbes Blvd., Suite 202 Lanham, MD 20703 Telephone: (301) 306-6752

Website: www.vets100.cudenver.edu Reporting Questions: HelpDesk@vets100.com

Reporting Verification: Verify@vets100.com

K.1 AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION

(JANUARY 2005)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

Contract line item(s): ALL --NAICS Code 488390 --Size Standard $7 MILLION

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.

K.2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB

2009)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 488390.

(2) The small business size standard is $7 Million.

(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 clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification 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 ORCA 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 $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 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.

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

(vi) 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.

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

(viii) 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.

(ix) 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.

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

(xi) 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.

(xii) 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.

(xiii) 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.

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

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate.

(Basic, Alternate I, and Alternate II) 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 $67,826, the provision with its Alternate II applies.

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

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

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

[Contracting Officer check as appropriate.]

----(i) 52.219-19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.

------(ii) 52.219-21, Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program.

------(iii) 52.219-22, Small Disadvantaged Business Status.

------(A) Basic.

------(B) Alternate I.

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

------(v) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(vi) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(vii) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(viii) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(ix) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

------(x) 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 Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov .

After reviewing the ORCA 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…

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