N40085-14-B-2310.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 57

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N40085 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Building 135, NSBNL conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ROSALYN CAPLE (860) 694-3742

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

9 - 15 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

16 - 18

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 20 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 21 - 27 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

28 - 40

PART II - CONTRACT CLAUSES

NAVFAC MID ATLANTIC

PWD NEW LONDON

BOX 26, BLDG 135

NAVAL SUBMARINE BASE NEW LONDON

GROTON CT 06349-5026

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

10 Mar 2014

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N40085-14-B-2310

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each

ID/IQ BASE YEAR

FFP

The Contractor shall provide all labor, management , supervision, tools, material and equipment required to perform services in support of Crane Rentals at Naval Submarine Base New London. ELINS A700-A718 FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each

OPTION ID/IQ 1ST OPTION YEAR

FFP

The Contractor shall provide all labor, management, supervision, tools, material and equipment required to perform services in support of Crane Rentals at Naval Submarine Base New London. ELINS B700-B718

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each

OPTION ID/IQ 2ND OPTION YEAR

FFP

The Contractor shall provide all labor, management, supervision, tools, material, and equipment required to perform services in support of Crane Rentals at Naval Submarine Base New London. ELINS C700-C718

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each

OPTION ID/IQ 3RD OPTION YEAR

FFP

The Contractor shall provide all labor, management, supervision, tools, material, and equipment required to perform services in support of Crane Rentals at Naval Submarine Base New London. ELINS D700-D718

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Each

OPTION ID/IQ 4TH OPTION YEAR

FFP

The Contractor shall provide all labor, management, supervision, tools, material, and equipment required to perform services in support of Crane Rentals at Naval Submarine Base New London. ELINS E700-E718

B.1. CONTRACT LINE ITEMS (CLINS) AND EXHIBIT LINE ITEMS (ELINS):

a. Bidders shall enter unit prices and amounts for CLINS numbers and ELINS item numbers in the schedule contained in the attached spreadsheet.

b. In the event there is a difference between a unit price and the extended total, the unit price will be held to be the intended bid and the total recomputed accordingly. If the bidder provides a total amount for a contract line item number, but fails to enter the unit price, the total amount divided by the specified quantity will be held to be the intended unit price.

B.2. INDEFINITE QUANTITY INDIVIDUAL CONTRACT LINE ITEM QUANTITIES

Once the estimated quantities for individual line items shown in the Schedule have been ordered, additional quantities may be ordered as long as the overall not-to-exceed (NTE) amount of the contract per year is not exceeded and the Contractor agrees by signing the delivery order.

B.3. CHANGES IN REQUIREMENTS

The Government reserves the right to add or delete services by modification and/or change orders in accordance with the Contractor's approved Bid Schedule Unit Prices.

B.4. PERIOD OF PREFORMANCE

Offers shall be submitted for the performance of work for a period of one year, plus four (4) option periods. The contractor is cautioned to recognize that the initial term of the contract may be for a period less than one year in accordance with the "Terms of Contract" clause in Section F. In the event that the period of performance is less than one year, the Government will reduce the individual line item quantities to reflect the work remaining in the contract term.

B.5. NOTICE TO BIDDERS

Refer to "Ordering (FAR 52.216-18)", "Order Limitations (FAR 52.216-19)", "Procedures for Issuing Orders (FAC 5252.216-9306)", and "Option to Extend the Term of the Contract Services (FAC 5252.217-9301)" clauses in Section I:, "Maximum Quantities (FAC 5252.216-9313)" clauses in Section H; and "Evaluation of Options (FAR 52.217-5)" provisions in Section M.

LINE ITEM SUMMARY

Base Year $_______________________

Option Year 1 $_______________________

Option Year 2 $_______________________

Option Year 3 $_______________________

Option Year 4 $_______________________

TOTAL CONTRACT VALUE $________________________

THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH THE BID.

1. Standard Form 33 – Solicitation, Offer, and Award

2. Representations and Certifications

3. Sub Contracting Plan – if applicable.

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS

1.1 SUMMARY

The following paragraphs are Supplementary Instructions to Bidders to be used in conjunction with the Instructions to Bidders:

1.2 UNIT PRICES

Under the bidding items furnished on Standard Form 33 (Solicitation, Offer, and Award) bidders shall state prices for each item given. Bids must be submitted on all items. Failure to bid on all items may result in the Bid being rejected as non-responsive.

NOTIFICATION OF ANY CHANGES TO THIS SOLICITIATION (AMENDMENTS) SHALL BE

MADE ONLY ON THE INTERNET. IT IS THEREFORE THE CONTRACTOR'S RESPONSIBILITY TO

CHECK THE FOLLOWING INTERNET SITE DAILY FOR ANY POSTED CHANGES TO THE

SOLICITATIONS PLANS AND SPECIFICATIONS: https://www.fbo.gov ALL PROSPECTIVE

[BIDDERS/PROPOSERS] ARE ENCOURAGED TO REGISTER ON THE NAVY ELECTRONIC COMMERCE

ON LINE SITE FOR THIS PROJECT. AN OFFICIAL PLANHOLDERS LIST WILL BE MAINTAINED ON-

LINE; IT WILL ONLY BE AVAILABLE FROM THE WEB SITE WHERE IT CAN BE PRINTED.

1.3 EXPLANATION TO PROSPECTIVE BIDDERS

In addition to the information provided in FAR 52.214-6, Explanation to Prospective Bidders (APR 1984), located in Section L of the specification, prospective BIDDERS may also request an explanation or interpretation of the solicitation, drawings, specification etc. via E-mail to the Contract Specialist and the Supervisory Contract Specialist for this solicitation using the following addresses:

Rosalyn.caple@navy.mil Paul.krug@navy.mil

If sending a question(s) via E-mail, prospective bidders are requested to include the solicitation number and contract title in the subject line of the E-mail and the Company's full name and address within the body of the message.

1.4 DELIVERY OF BIDS

"Instructions to Bidders" and Standard Form 33, "Solicitations, Offer and Award" shall be observed in the preparation of bids. Bidders shall affix their names and return addresses in the upper left corner of the bid envelope.

Envelopes containing bids must be sealed. The outermost envelope or wrapper of all bid packages should clearly identify the solicitation number and the date and time of bid opening.

NAVFAC MIDATLANTIC

PWD NEW LONDON

FEAD

Box 26, Building 135 Naval Submarine Base New London Groton, CT 06349-5026

All hand carried bids must be deposited in the bid box, which is located at the above address prior to the time and date set for bid opening. Any bids submitted by hand after the time set for receipt will not be accepted.

Bids tendered by a commercial carrier (e.g., Federal Express, United Parcel Service, Purolator Courier, etc.) are considered hand-carried Bids. Offerors are responsible for ensuring these Bids are deposited directly in the bid box, by whoever delivers that bid on the offeror's behalf, prior to the bid opening time. The government will not deposit hand-carried bids in the bid box nor acknowledge receipt of such from commercial carriers or the bidder itself. A bidder's failure to timely deposit its hand-carried bid in the bid box shall render the bid late.

If commercial carriers are used, the bidder is responsible for ensuring carrier personnel are given correct bid deposit instructions.

Mailed bids shall be sent to the address identified in Block 8 of the Standard Form 33, "Solicitation, Offer and Award".

NOTE: PRINT AND PASTE THE LABEL PROVIDED AT THE END OF THIS SECTION ENTITLED "BID

ENCLOSED", ON THE OUTERMOST ENVELOPE IN WHICH YOUR BID IS DELIVERED AND PROVIDE

THE REQUIRED INFORMATION (I.E., SOLICITATION NUMBER AND DATE AND TIME OF BID

OPENING.

BID/PROPOSAL

ENCLOSED

SOLICITATION NUMBER: N40085-14-B-2310

DATE:__________ TIME:__________

HR FORM 14304(REV. 1/00)

CLAUSES INCORPORATED BY FULL TEXT

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.

The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.

(End of provision)

Section C - Descriptions and Specifications

Para Page

C.1 General Intent………………………………………………………………………. 2 C.2 General Requirements Applicable To All Cranes Provided …………. 2 C.3 Equipment Requirements ………………………………………………………… 2-3 C.4 Service And Scheduling Requirements…………………………………………. 4 C.5 Repairs……………………………………………………………………………… 4 C.6 Alterations To Leased Equipment……………………………………………….. 4 C.7 Right Of Refusal…………………………………………………………………… 4-5 C.8 Delivery……………………………………………………………………… C.9 Short Term Leasing Of Miscellaneous Equipment…………………………….. 5 C.10 Contractor Inspection…………………………………………………………….. 5 C.11 Leased Equipment With Operators………………………………………......... 5-6 C 12 Special Requirements……………………………………………………………..6-8

1. General Intent:

The purpose of this solicitation is to acquire cranes and miscellaneous weight handling equipment and services for both long and intermittent short terms. Long term is defined as up to one year per option period. Short term is defined as weekly to monthly increments per piece of equipment. The primary thrust of the contract is toward long-term acquisitions. This solicitation also contains provisions for Contractor provided cranes with operators and rigging services. The Contractor is advised that all cranes used on Sub Base must have OSHA certification as defined in 29 CFR 1915 and 1926. Contractor personnel operating cranes or providing rigging services shall be certified by the contractor as fully qualified. The Contractor shall provide documentation on all personnel qualifications to the Contracting Officer. All equipment and services supplied will be in compliance with current Federal, state and local statutes and regulations, and with Department of Defense (DoD) policies, instructions and guidance.

2. General Requirements applicable to all leased cranes

a. All cranes shall not be more than five years old at the beginning of the lease period.

b. Cranes provided must meet the standards set forth in COMNAVREG MIDLANT INSTRUCTION 11262.1, NAVFAC P-307, and 29CFR1926. Additionally, all cranes must have no jib; be equipped with LMI (load monitoring indicator) system; be equipped with anti two-block system; swage end fittings; NDT certification for hook. All cranes must have documentation that both hooks have passed NDT testing in accordance with the following NAVFAC P-307 specifications: ASTM E709 or MIL-STD 271. Acceptance criterion shall be no linear indications greater than 1/16 inch. All cranes shall be subject to Government inspection and weight testing. The Government will conduct full weight tests at 110 - 115% for both hooks at maximum capacity; minimum and maximum radius load and 50% boom length.

c. Cranes provided must meet the standards set forth in COMNAVREG MIDLANT INSTRUCTION 11262.1, NAVFAC P-307, and 29CFR1926. Additionally, all cranes must be equipped with LMI (load monitoring indicator) system; be equipped with anti two-block system; NDT certification for hook. All cranes must have documentation that both hooks have passed NDT testing in accordance with the following NAVFAC P-307 specifications: ASTM E709 or MIL-STD 271. Acceptance criterion shall be no linear indications greater than 1/16 inch. All cranes shall be subject to Government inspection and weight testing.

d. The Contractor shall provide signed repair / service history documentation of all maintenance, per manufacturer’s specifications, accomplished prior to crane delivery to Submarine Base. Cranes must be delivered with manufacturer’s service, operation and parts manuals one copy of each to be permanently retained by the Government. Further, all maintenance and repair actions accomplished during the lease period shall be documented, described and signed by the Contractor or his agent. A legible copy of the documentation shall be forwarded to the Public Works Department (Bldg 135) Performance Assessment Representative (PAR) within one week of completion of the maintenance or repair.

e.. All cranes shall be in compliance with current Federal, state and local statutes and regulations, and with Department of Defense (DOD) policies, instructions and guidance.

3. Equipment Requirements: The following are minimum equipment requirements for 50, 75, and 150-ton capacity cranes.

a. 50 ton rough terrain mobile crane:

• Crane shall be minimum of 50 ton capacity

• Minimum 105’ full power boom “no jib required ”

• Auxiliary boom head

• 50 ton 6 sheave main hook block

• 7 ton headache ball with hook and latch

• Auxiliary winch

• 360 degree house lock

• Heater/defroster air conditioning

• Work lights, revolving amber light

• Independent rear wheel steering

• Immersion heater

• Rear wheel centering light

• Minimum 24” aluminum outrigger floats

• Main hoist line of maximum capacity and maximum amount permitted to be installed on the winch.

• Auxiliary wire rope of maximum capacity and maximum amount permitted to be installed on the winch

• Wire rope certificate of breaking strength, safe working load and proof test for each wire.

• Must be capable of lifting a minimum of 9,500 lbs at a 50’ radius with fully extended boom within 360 degrees of rotation.

• Must possess multi-position outriggers and associated load charts.

• Maximum width of the crane, from outside edge of outrigger to outside edge of outrigger, no greater than

23’ 6”

b. 75 ton rough terrain mobile crane

• Crane shall be minimum of 75 ton capacity,

• Minimum 125’ full power boom, “no jib required “

• Auxiliary boom head

• 75 ton 6 sheave main hook block

• 10 ton headache ball with hook and latch

• Auxiliary winch

• 360 degree house lock

• Heater/defroster, air conditioning

• Work lights, revolving amber light

• Independent rear wheel steering

• Immersion heater

• Rear wheel centering light

• Minimum 30.5” aluminum outrigger floats

• Optional main hoist line of maximum capacity and maximum amount permitted to be installed on the winch

• Optional auxiliary wire rope of maximum capacity and maximum amount permitted to be installed on the winch

• Wire rope certificate of breaking strength, safe working load and proof test for each wire

• Must be capable of lifting a minimum of 15,500 lbs at a 50’ radius with fully extended boom within 360 degrees of rotation

• Must possess multi-position outriggers and associated load charts

c. 150 ton Floating Crane

• Crane shall be minimum of 150 ton capacity,

• Be barge mounted

• Meet NAVFAC P-307 requirements, specifically section 1.7 Non-Navy Owned Cranes at Naval Activities able to lift 50,000 pounds at 75 foot radius minimum

4. Service and Scheduling requirements:

Contractor must provide the following services as an included feature of the lease agreement:

• Routine scheduled preventive maintenance other than daily/weekly operational lubrication as indicated by the manufacturer of the crane. Preventive maintenance shall be scheduled a minimum of one week in advance. PM shall be performed during regular work hours on a not to interfere basis with Government operations. Maintenance shall be performed on site at the Submarine Base NLON, Groton, CT. The Government operator will perform daily and weekly operational lubrication (as specified by the P307, Operators Daily Checklist) on ELINS 700-703.

• Repairs classified by the government as critical repairs. The Contractor shall initiate such repairs within two hours of notification on a seven-day per week basis including holidays from 7:00 Am to 5:00 PM.

• Repairs classified by the government as Emergency repairs. The Contractor shall initiate such repairs within 24 hours of notification on a five-day per week basis (Monday - Friday) excluding Federal holidays from 7:00 AM to 5:00 PM.

• All service and scheduling requirements shall be in compliance with current Federal, state and local statutes and regulations, and with DOD policies, instructions and guidance.

5. REPAIRS

All required maintenance or repairs (other than daily / weekly operational lubrication) for the duration of the contract shall be the responsibility of the contractor and shall be performed by the Contractor at no additional expense to the Government. Personnel performing repairs shall be qualified experienced mechanics. Contractor shall be responsible for documentation upon completion of any repairs. Documentation shall provide a clear statement of work performed and shall include all part names and numbers repaired/replaced as well as the reason for the repair or replacement. All repairs are subject to Government inspection. The Government will perform weight testing after any repair performed on any load controlling or load bearing part. All repairs shall be in compliance with current Federal, state and local statutes and regulations, and with DoD policies, instructions and guidance The contractor will not be liable for repairs that are attributable to neglect or misuse on the part of the Government. The Government reserves the right to have repairs made by outside sources if contractor fails to respond in the timeframes specified. Payment for outside repairs will be deducted from the leasing fees. In addition, for each day the crane is out of service, the lease payment will be prorated accordingly.

6. Alterations to Leased Equipment: Alterations and modifications to leased equipment may be required during the lease period. When requested, the contractor shall submit proposals to the Government to perform such work. The proposal shall be based on the hourly and material rates set forth in the bid schedule. Upon lease completion the equipment will be returned to the Contractor in its improved or modified state. No permanent alterations or modifications will be made without prior Contractor approval. All alterations shall be in compliance with current Federal, state and local statutes and regulations, and with DoD policies, instructions and guidance. Labor and materials for alterations will be at the rates established in bid schedule. Each task order for repairs or alterations will be negotiated.

7. Right of refusal

The Government reserves the right to refuse delivery of any equipment that in the Government’s opinion is inadequate, is in a state of disrepair or in any other way is deemed unsuitable or unsafe for Government operation.

The right of refusal shall extend over the term of the lease Contractor shall provide maintenance and repair records for all equipment to be leased by the Government upon request. All equipment is subject to Government inspection prior to, upon and after delivery.

The Government also reserves the right to discontinue use and concomitant payment for any crane, which demonstrates excessive history of repairs.

8. Delivery

Delivery shall be at Submarine Base NLON, Groton, CT Contractor shall assume all expenses and shall be responsible for acquiring all transport permits, escorts and actual delivery to a predetermined site on Sub Base for all leased equipment within the following time frames of notification of required service.

Monthly- 5 workday notification Long-term- 2-week notification

9. Short Term Leasing of Miscellaneous Equipment: Upon request, the Contractor shall make available to the Government any of the equipment in their inventory that is subject to lease to commercial vendors or to the public at large. Rates shall be at the Contractors standard published commercial rates. Lease periods will vary and shall be dictated by Government requirements. Rates and time periods shall be negotiated on a case-by-case basis

10. Contractor Inspection

a. Post lease inspection

When the Government no longer requires service on any particular piece of equipment the Contractor will be notified two weeks in advance for long term equipment and will schedule a mutually convenient time for joint inspection prior to turn over. Failure on the part of the contractor to inspect will indicate acceptance of the equipment as is and will relieve the Government from any future claims of culpability. Short-term turnover and inspection will be arranged at mutually convenient times.

b. In service inspection

The Contractor may inspect the equipment on site at any time during the life of the lease. Inspections will be on a not to interfere basis with government operations and if not scheduled in advance shall be performed at the convenience of the Government. Arrangements for Contractor inspection may be made through the Sub Base Transportation Dept.

11. Leased equipment with operators-yearly/monthly. The Government may have occasional requirements for the short-term use of operator-equipped cranes. When required the Contractor shall furnish 50 to 150 ton capacity cranes complying with 29CFR1926, which meet the specific equipment requirements cited above in Sect C.3 along with a qualified certified operator. The Contractor will be required to submit form P-1 from the NAVFAC Publication P-307 (see attachment J-C1) indicating that the crane meets OSHA standards. All work will be performed under the general direction of Sub Base Transportation Dept. All leased equipment with operators shall be in compliance with current Federal, state and local statutes and regulations, and with DoD policies, instructions and guidance. Generally, operator equipped cranes will be ordered in one month increments consisting of twenty 8 hour workdays Monday – Friday. (0730 – 1600). For work beyond 8 hours or weekend or holiday work the contractor will be compensated for operator hours only using ELINs 713 and 714.

a. Rigging services: The Government may have occasional short-term requirements for rigging services. When required, the Contractor shall provide the services of qualified and experienced riggers. All riggers shall be in compliance with current Federal, state and local statutes and regulations, and with DoD policies, instructions and guidance The minimum order for such services will be 8 man-hours per rigger per day. The Contractor will be compensated at the hourly rates set forth in the bid schedule. All work will be performed under the general direction of Sub Base Transportation Dept. For work beyond 8 hours or weekend or holiday work the contractor will be compensated using ELINs 716 and 717.

12. Special Contract Requirements

a. Station Regulations: The Contractor and his employees shall become acquainted with and obey all Government regulations as posted, or as requested by the Contracting Officer.

b. Fire Protection: The Contractor and his employees shall know where fire alarms are located and how to turn them on. The Contractor shall handle and store all combustible supplies, materials, waste and trash in a manner that prevents fire or hazards to persons, facilities, and materials. Contractor employees operating critical equipment shall be trained to properly respond during a fire alarm or fire per SUBASENLON Instruction number 11320.9C, SUBASE FIRE REGULATIONS.

c. Environmental Protection:

• The contractor shall comply with all applicable Federal, State, and Local laws, and with the regulations and requirements. All environmental protection matters shall be coordinated with the Contracting Officer. Inspection of any of the facilities operated by the Contractor may be accomplished by a representative of the Environmental Department, or authorized officials on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor’s negligence, the Contractor shall reimburse the Government for the amount of the fine and any other costs. The Contractor shall be responsible for the cleanup of any releases to the environment, which result from the Contractor’s operations in accordance the SUBASENLON requirements. The contractor shall comply with the instruction of the cognizant Navy Medical Department with respect to the avoidance of conditions, which create a nuisance or which may be hazardous to the health of military or civilian personnel.

• The contractor shall be responsible for ensuring all equipment is maintained and operated in accordance with Federal, State, or Local air pollution regulations.

• Contractor personnel may be subject to Federal, State, Local, or SUBASENLON environmental regulations or instructions, e.g. vehicle inspection/maintenance program, base recycling programs.

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 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

5252.223-9300 INSPECTION BY REGULATORY AGENCIES (JUN 1994)

Work performed under this contract is subject to inspection by State and Federal Government Regulatory agencies including those described below.

Permission has been granted by the Navy permitting Federal and State occupational health and safety officials to enter Navy shore installations, without delay and at reasonable times, to conduct routine safety and health investigations. Permission also extends to safety and health investigations based on reports of unsafe conditions.

Occupational Health and Safety Administration (OSHA) officials may also investigate accidents or illnesses involving the Contractor's employees. Inspections may also be carried out by the Department of Labor to inspect for compliance with labor laws.

The Contractor shall cooperate with regulatory agencies and shall provide personnel to accompany the agency inspection or review teams. Contractor personnel shall be knowledgeable concerning the work being inspected, and participate in responding to all requests for information, inspection or review findings by regulatory agencies.

5252.246-9303 CONSEQUENCES OF CONTRACTOR'S FAILURE TO PERFORM

REQUIRED SERVICES (OCT 2004)

The Contractor shall perform all of the contract requirements. The Government will inspect and assess Contractor performance in accordance with FAR 52.246-4, INSPECTION OF SERVICES – FIXED PRICE and the Section E provision entitled GOVERNMENT PERFORMANCE ASSESSMENT. The Government will require re-performance, withhold payment, or seek other suitable consideration for unsatisfactory or non-performed work.

When defects can’t be corrected by re-performance, the Government may reduce the price to reflect the reduced value of services performed.

(a) PROCEDURES. In the case of unsatisfactory or nonperformed work, the Government:

(1) may give the Contractor written notice of observed deficiencies prior to withholding payment for unsatisfactory or non-performed work and/or assissing liquidated damages. Such written notice shall not be a prerequisite for withholding payment for nonperformed work. The Government may specify, as provided for below, that liquidated damages can be assessed against the Contractor. Such liquidated damages are to compensate the Government for administrative costs and other expenses resulting from the unsatisfactory or nonperformed work.

(2) may, at its option, allow the Contractor an opportunity to re-perform the unsatisfactory or nonperformed work, at no additional cost to the Government. In the case of daily work, corrective action must be completed within __8__ hours of notice to the Contractor. In the case of other work, corrective action must be completed within __24__ hours of notice. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __15____ percent of the value of all observed defects. The original inspection results of the Contractor's work will not be modified upon re-inspection. However, the Contractor will be paid for satisfactorily re-performed work.

(3) shall withhold from the Contractor’s invoice all amounts associated with the unsatisfactory or nonperformed work at the prices set out in the Schedule or provided by other provisions of this contract, unless the Contractor is required to re-perform and satisfactorily complete the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of ____15___ percent of the value of all observed defects.

(4) may, at its option, perform the work by Government personnel or by other means. The Government will reduce the amount of payment to the Contractor, by the amount paid to any Government personnel (based on wages, retirement and fringe benefits) plus material, or by the actual costs incurred to accomplish the work by other means.

If the actual costs cannot be readily determined, the prices set out in the Schedule will be used as the basis for the deduction. In addition, the Government can assess liquidated damages, as referenced above, in the amount of ___15__ percent of the computed cost.

(b) The Contractor is responsible for maintaining an effective Quality Control Program during the course of the contract. Failure to maintain adequate quality control may result in Termination for Default.

(c) Re-performance by the Contractor does not waive the Government's right to terminate for nonperformance in accordance with FAR clause 52.249-8, “DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)” of Section I and all other remedies for default as may be provided by law.

(d) When WATCHSTANDING SERVICES apply. If the Contractor fails to provide qualified personnel or allows any post to be unmanned for a total of __N/A____ minutes in any shift, the Government may assign other persons to perform such work or withhold payment as specified below:

(1) When Watchstanding Services are performed by Government employees, withholdings shall be computed based on the current Federal Pay Schedule including wages, retirement and fringe benefits of the Government employees (civilian or military) who actually performed the work.

In addition, the Government can assess liquidated damages, as referenced above, in the amount of ___N/A__ percent of the computed cost.

(2) When non-performed Watchstanding Services are obtained under another contract, the Government will withhold an amount equal to the cost to the Government under that contract. In addition, the Government can assess liquidated damages, as referenced above, in the amount of ____N/A__ percent of the cost.

(3) If no guard replacement is furnished by the Government and the work is not performed, the

Government will withhold an amount equal to the cost to the Government of having a Government employee perform the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of __N/A____ percent of the computed cost.

(4) The Contractor will be held liable for property losses sustained by the Government as a direct, consequential result of a failure to furnish the required personnel.

(5) Computations of the costs for Government employees to perform work not performed by the Contractor shall be in conformance with FAR 52.222-42, “STATEMENT OF EQUIVALENT RATE FOR FEDERAL HIRES.” (End of clause)

5252.246-9304 Estimating the Price of Nonperformed or Unsatisfactory Work. As prescribed in 46.407-100(b), insert the following clause:

ESTIMATING THE PRICE OF NONPERFORMED OR

UNSATISFACTORY WORK (OCT 2004)

In the event the price of non-performed or unsatisfactory work cannot be determined from the prices set out in the Schedule, or on the basis of the actual cost to the Government, estimating methods may be used to determine an amount, which reflects the reduced value of services performed. The Government may estimate the cost using wage rates and fringe benefits included in the wage determinations included in the contract, Government estimates of the Contractor’s overhead and profit rates, and Government estimates of material costs if applicable. Liquidated damages, to compensate the Government for administrative costs and other expenses resulting from the non-performed or unsatisfactory performance, will be calculated in accordance with the CONSEQUENCES OF CONTRACTOR’S FAILURE TO PERFORM REQUIRED WORK clause. (End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

5252.242-9300 GOVERNMENT REPRESENTATIVES (OCT 1996)

a. The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative as indicated hereinafter:

X 1. The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

X 2. The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or delivery orders.

3. The designated Property Administrator is the Administrative contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

5252.242-9305, PRE-PERFORMANCE CONFERENCE (JUL 1995)

Within 15 days of contract award, prior to commencement of the work, the Contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.

Section H - Special Contract Requirements

a. Station Regulations: The Contractor and his employees shall become acquainted with and obey all Government regulations as posted, or as requested by the Contracting Officer.

b. Fire Protection: The Contractor and his employees shall know where fire alarms are located and how to turn them on. The Contractor shall handle and store all combustible supplies, materials, waste and trash in a manner that prevents fire or hazards to persons, facilities, and materials. Contractor employees operating critical equipment shall be trained to properly respond during a fire alarm or fire per SUBASENLON Instruction number 11320.9C, SUBASE FIRE REGULATIONS.

c. Safety Requirements and Reports

(1) Prior to commencing work, the Contractor shall meet with the Contracting Officer’s representatives to discuss and develop mutual understandings relative to the administration of the Safety Program.

(2) The Contractor’s equipment may be inspected periodically for OSHA and/or Navy violations. The correction of any violations will be the responsibility of the Contractor. The Contractor shall provide assistance to the Safety Inspectors and/or any Federal or State OSHA Inspectors id a complaint is filed. Any fines levied on the Contractor by the Federal or State OSHA offices due to any safety/health violations resulting from any contract action must be paid promptly.

(3) The contractor shall submit to the Contracting Officer, a full report of damage to Government property or equipment by Contractor employees. All damage reports shall be submitted to the Contracting Officer within 24 hours of occurrence.

(4) The Contractor shall report to the Contracting Officer, all accidents resulting in death, trauma, or occupational disease. All accidents must be reported to the Contracting Officer within 24 hours of occurrence.

(5) All work performed under this contract shall be performed in accordance with the guidelines provided by the latest version of the US Army Corps of Engineers Safety Manual, COE EM-385.

(6) The contractor shall be aware that “NO EMERGENCY MEDICAL SERVICES ARE

AVAILABLE AT THE NAVAL SUBMARINE BASE OR THE NAVAL AMBULATORY

CARE CENTER LOCATED ON THE BASE.”

(7) Crane Safety: In addition to the requirements of the Corps of Engineers Safety Manual, EM-385-1-1, the Contractor shall comply with the requirements of NAVFAC, P-307, MANAGEMENT OF WEIGHT HANDLING EQUIPMENT (WHE) as follows:

a. The Contractor shall comply with specific activity regulations pertaining to crane safety and operation (including allowable access routes and ground loading limitations), and to notify the contracting officer, in advance, of any cranes entering the activity or of any multi-purpose machines, material handling equipment, or construction equipment that may be used in a crane-like application to lift suspended loads.

Contractor shall comply with applicable ANSI or ASME standards (e.g., ASME B30.5 for mobile cranes, ASME B30.22 for articulating boom cranes, ASME B30.3 for construction tower cranes, and ASME B30.8 for floating cranes, ASME B30.9 for slings, ASME B30.20 for below the hook lifting devices, and ASME B30.26 for rigging hardware, ANSI/ITSDF B56.6 for rough terrain forklifts). For barge-mounted mobile cranes, a third party certification from an OSHA accredited organization (or a third party certification from a state accredited organization for those states with OSHA approved state plans), a load indicating device, a wind indicating device, and a marine type list and trim indicator readable in one-half degree increments shall be provided.

b. The Contractor shall provide a certificate of compliance (see appendix P, figure P-1) that the crane (or other machine if used to lift suspended loads) and the rigging equipment meet applicable OSHA and ANSI/ASME regulations. The contractor shall cite which OSHA and ANSI/ASME regulations are applicable, e.g., cranes/multi-purpose machines used in construction, demolition, or maintenance shall comply with 29 CFR 1926; slings shall comply with ASME B30.9, rigging hardware shall comply with ASME B30.26). The contractor shall also certify that all of its crane (or other machine) operators working on the naval activity have been trained not to bypass safety devices (e.g., anti-two block devices) during lifting operations.

Certifications be posted on the crane.

c. For mobile and commercial truck mounted cranes with OEM rated capacities of greater than 2000 pounds, the crane operator shall be designated as qualified by a source that qualifies crane operators (i.e., a union, a government agency, or an organization that tests and qualifies crane operators). Proof of current qualification shall be provided.

d. Contractor shall certify (see appendix P, figure P-1) that the operator is qualified and trained for the operation of the crane or machine to be used.

e. For multi-purpose machines, material handling equipment, and construction equipment used to lift loads suspended by rigging equipment, provide proof or authorization from the machine OEM that the machine is capable of making lifts of loads suspended by rigging equipment. Contractor shall demonstrate that the equipment is properly configured to make such lifts and is equipped with a load chart.

f. All hooks used on cranes, hoists, other machines, and rigging gear shall have self-closing latches or the throat opening shall be "moused" (secured with wire, rope, heavy tape, etc.) or otherwise secured to prevent the attached item from coming free of the hook under a slack condition. The following exceptions apply and shall be approved by the contractor’s technical organization: items where the hook throat is fully obstructed and not available for manual securing and lifts where securing the hook throat increases the danger to personnel such as forge shop, dip tank, or underwater work.

g. A critical lift plan is required for each of the following lifts: lifts over 75 percent of the capacity of the crane, hoist, or other machine (lifts over 50 percent of the capacity of a barge mounted mobile crane’s hoists) at any radius of lift; lifts involving more than one crane, hoist, or other machine; lifts of personnel (lifts of personnel suspended by rigging equipment from multi-purpose machines, material handling equipment, or construction equipment shall not be permitted); lifts made in the vicinity of overhead power lines; erection of cranes; and lifts involving non-routine rigging or operation, sensitive equipment, or unusual safety risks. The plan shall include the following as applicable:

(1) The size and weight of the load to be lifted, including crane (or other machine) and rigging equipment that add to the weight. The OEM's maximum load capacities for the entire range of the lift shall also be provided.

(2) The lift geometry, including the crane (or other machine) position, boom length and angle, height of lift, and radius for the entire range of the lift. This information requirement applies to both single and multiple crane/machine lifts.

(3) A rigging plan, showing the lift points, rigging equipment, and rigging procedures.

(4) The environmental conditions under which lift operations are to be stopped.

(5) For lifts of personnel, the plan shall demonstrate compliance with the requirements of 29 CFR

1926.550(g).

(6) For barge mounted mobile cranes, barge stability calculations identifying crane placement/footprint; barge list and trim based on anticipated loading; and load charts based on calculated list and trim specific to the barge the crane is mounted on. The amount of list and trim shall be within the crane manufacturer’s requirements.

(7) For lifts in the vicinity of overhead power lines (i.e., if any part of the crane or other machine, including the fully extended boom of a telescoping boom crane or machine, or the load could approach the distances noted in figure 10-3 during a proposed operation), the plan shall demonstrate compliance to 29 CFR 1926.550(a)(15)

h. The Contractor shall notify the contracting officer as soon as practical, but not later than four hours, after any weight handling equipment (WHE) accident. (See definition in section 12.) The Contractor shall secure the accident site and protect evidence until released by the contracting officer. The contractor shall conduct an accident investigation to establish the root cause(s) of any WHE accident.

Crane operations shall not proceed until the cause is determined and corrective actions have been implemented to the satisfaction of the contracting officer.

i. The Contractor shall provide the contracting officer within 30 days of any accident a Crane and Rigging Gear Accident Report using the form provided in section 12 consisting of a summary of circumstances, an explanation of causes(s), photographs, and corrective actions taken. These notifications and reporting requirements are in addition to those promulgated by OPNAVINST 5100.23 and related command instructions.

j. The contractor must notify the New London Submarine Base FEAD at least five working days in advance of any WHE entering the Base.

d. Radiological Accident (RADCON) Drills and Requirements: RADCON drills are conducted about once every three months. Traveling throughout the Base is prohibited throughout the duration of the drill.

The drills last from two to four hours. All personnel on the Base shall listen to the public address system for specific instructions. All costs associated with delays due to RADCON drills are the responsibility of the contractor. All contractor employees are required to attend RADCON Training and obtain a badge verifying attendance. Their badge shall be in their possession when working on the SUBASE.

(1) Radiological Controls (RADCON)

a. Ensure contract execution preparatory meeting [i.e. pre-construction conference] discusses operations involving radioactive materials of radiation generating devices including type of radiation, expected length of operations, location of operations, location of any required physical boundary, method of communicating operations to workforce. (IAW NAVFACINST

5104.1 SAFETY/OPS DTD 29-APR-11)

b. Ensure all personnel performing contractual work receive Radiological Awareness Training (RADCON) prior to performing work on the waterfront and annually for long-term projects. (IAW NAVSEAMAN 389-0288 Radiological Controls and MOA-

RSG/NRMD-8 438-11-0189)

(2) Hazards of Electromagnetic Radiation to Ordnance (HERO) All incoming personnel for construction of this project must be indoctrinated on explosives safety and Hazards of Electromagnetic Radiation to Ordnance (HERO) concerns at the installation. This should include regulations governing cell phone/radio use. (IAW NAVORDSAFSECACTINST 8020 Ser N54-PA/3197 DTD 11-MAR-11)

e. Environmental Protection:

(1) The contractor shall comply with all applicable Federal, State, and Local laws, and with the regulations and requirements. All environmental protection matters shall be coordinated with the Contracting Officer. Inspection of any of the facilities operated by the Contractor may be accomplished by a representative of the Environmental Department, or authorized officials on a no-notice basis during normal working hours. In the event that a regulatory agency assesses a monetary fine against the Government for violations caused by the Contractor’s negligence, the Contractor shall reimburse the Government for the amount of the fine and any other costs. The Contractor shall be responsible for the cleanup of any releases to the environment, which result from the Contractor’s operations in accordance the SUBASENLON requirements. The contractor shall comply with the instruction of the cognizant Navy Medical Department with respect to the avoidance of conditions, which create a nuisance or which may be hazardous to the health of military or civilian personnel.

(2) The contractor shall be responsible for ensuring all equipment is maintained and operated in accordance with Federal, State, or Local air pollution regulations.

(3) Contractor personnel may be subject to Federal, State, Local, or SUBASENLON environmental regulations or instructions, e.g. vehicle inspection/maintenance program, base recycling programs.

f. Insurance: Within fifteen (15) days after award of this contract, the contractor shall furnish the Contracting Officer a certificate of insurance as evidence of the existence of the following insurance coverage in the amounts not less that the amounts specified below in accordance with FAR 52.228-5 Insurance-Work on a Government Installation…