SF1149,_N6247019R1004.pdf

SEE ADDENDUM

(No Collect Calls)

N6247019R1004 21-Mar-2019

b. TELEPHONE NUMBER

(757) 967-3821

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 May 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N624709. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LUKE CLAY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

COMMANDER NAVFAC ATLANTIC

NAVY CRANE CENTER

NORFOLK NAVAL SHIPYARD

BLDG 491

PORTSMOUTH VA 23709-5000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333923

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF66

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6247019R1004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

SHIP-TO-SHORE CONTAINER CRANE #2020-0001

FFP

One Ship-to-Shore Container Crane (#2020-001) designed, fabricated, assembled, facility tested, delivered, installed, inspected, field tested, warranted in accordance with FAR 52.246-18, and accepted by the government, on Pier 2, at Military Ocean Terminal, Concord (MOTCO), Concord, California.

NOTE: Upon acceptance of the crane, 3% of CLIN 0001 will be withheld until completion of a one year warranty period. The 3% of funds withheld from CLIN 0001 for the Contractor’s performance during the warranty period, will be adjusted at time of award and shown as a separate line item. 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. If the offeror shows only the total price, but fails to enter a unit price, the total divided by the estimated quantity will be held to the intended unit price.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NET AMT

0002 1 Each

SHIP-TO-SHORE CONTAINER CRANE #2020-0002

FFP

One Ship-to-Shore Container Crane (#2020-002) designed, fabricated, assembled, facility tested, delivered, installed, inspected, field tested, warranted in accordance with FAR 52.246-18, and accepted by the government, on Pier 2, at Military Ocean Terminal, Concord (MOTCO), Concord, California.

NOTE: Upon acceptance of the crane, 3% of CLIN 0002 will be withheld until completion of a one year warranty period. The 3% of funds withheld from CLIN 0002 for the Contractor’s performance during the warranty period, will be adjusted at time of award and shown as a separate line item. 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. If the offeror shows only the total price, but fails to enter a unit price, the total divided by the estimated quantity will be held to the intended unit price.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

0003 1 Each

OPTION ESSENTIAL REPAIR PARTS

FFP

Provide spares defined in Appendix E, Essential Repair Part Stockage List, in accordance with Specification 3.8.6.3.

SECTION C

C1 DESCRIPTION OF WORK

Procure two (2) rail-mounted ship-to-shore container Cranes, to be located at Military Ocean Terminal, Concord (MOTCO), Concord, California. Crane capacity shall be 40 long ton (LT) below the spreader, and the Cranes shall be able to service a Panamax vessel with 13 containers abeam. See Appendix A2, The Cranes shall be equipped with a spreader capable of lifting both single and twin 20-foot containers, single 40-foot containers, and single 45-foot containers. The Cranes shall be designed, fabricated, assembled, facility tested, delivered, installed, inspected, field tested and commissioned, and made ready for use in accordance with the specification, as contained as Attachment A in Section J of this solicitation.

The rough order of magnitude for this project is between $20,000, 000 and $45,000,000.

C2 CONTRACT AWARD

This solicitation is anticipated to result in the award of a single firm fixed price contract.

The acceptance period for this solicitation is ninety (90) calendar days. Offerors providing less than ninety (90) calendar days for Government acceptance after the date offers are due, will not be considered and will be rejected.

C3 NORTH AMERICAN INDUSTRY STANDARD (NAIC)

The NAICs code assigned to this procurement is 333923, and the corresponding small business size standard is 1,250 employees. Refer to On-Line Representations and Certifications Application at System for Award management (SAM) at https://www.sam.gov/portal/public/SAM.

C4 WAGE DETERMINATION

General Decision Number CA190029 (Attachment B), dated 01/04/2019, is applicable to this procurement.

C5 BONDING

A Standard Form 24, Bid Bond (Attachment C), in the amount of 20% or $3 million, whichever is less, shall be included with your proposal. Performance and Payment Bonds, each in the amount of 70% of the award price, shall be provided by the contractor within fifteen (15) days after contract award, but in any event , before starting work.

See FAR 52.228-1 and 52.228-16 for more details on bonding requirements.

SECTION D

D1 PRESERVATION AND PACKAGING

Equipment and supplies shall be preserved and packaged in accordance with the contractor’s standard commercial practice, consistent with applicable ASTM/ANSI requirements and other applicable Industry or Federal Standards, which shall insure acceptance by the carrier for safe delivery and arrival, and shall provide adequate protection for outside storage.

D2 MARKING

Interior packages, shipping containers, bundles, and loose pieces shall be marked in accordance with the Contractor’s standard practice in accordance with STM, ANSI or other applicable Industry/Federal Standards.

SECTION E

E1 INSPECTION AND ACCEPTANCE (DESTINATION)

Inspection and acceptance of the supplies to be furnished hereunder shall be made at destination by the Contracting Officer’s Representative (COR) or Project Manager.

E2 ACCEPTANCE

The performance and quality of work delivered by the contractor, including supplies rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the government.

E3 GOVERNMENT QUALITY ASSURANCE

In accordance with FAR 52.246-2, "INSPECTION OF SUPPLIES-FIXED PRICE (AUG 1996)," supplies rendered under this contract are subject to government inspection during both the contractor's operations and after completion of the tasks. The Government’s Quality Assurance Surveillance Program is not a substitute for Quality Control by the Contractor.

E4 PERFORMANCE EVALUATION MEETINGS

The Contractor shall meet with the Government at times designated by the Government and at no cost to the government to discuss overall management of the contract. A mutual effort shall be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor’s representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state in writing to the Contracting Officer any areas of disagreement within fifteen (15) calendar days.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

SECTION F

F1 TIME OF DELIVERY

The contract completion date for CLIN 0001 and CLIN 0002 shall be 900 calendar days from date of award. If exercised, the contract completion date for CLIN 0003 shall be the same contract completion date as CLIN 0001 and CLIN 0002, unless the parties otherwise.

F2 CONTRACTOR PERFORMANCE

Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and email address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current.

F3 PLACE OF DELIVERY: DESTINATION

The contractor shall deliver the equipment F.O.B. to the destination. F. O. B. means free on board at destination; i.e., the seller or consignor delivers the goods on seller’s or consignor’s conveyance at destination. The cost of shipping and risk of loss are borne by the seller or consignor. Offloading, post-delivery testing and other post-delivery services are included in this delivery. Refer to FAR clause 52.247-34, F.o.b. Destination, incorporated herein by reference.

SECTION G

G1 RESPONSIBILITIES FOR CONTRACT ADMINISTRATION

(a) The cognizant Defense Contract Management Agency (DCMA), as identified on the award document will be designated to perform field administration of this contract. This includes the functions of installment payments, quality assurance (as assigned), production progressing to insure timely and complete delivery of all items under the contract including technical data as required, and preparation and issuance of Government Bills of Lading (GBL), unless otherwise provided for in the contract.

(b) The cognizant paying office identified on the award document will make payments.

(c) Final payment of each delivery order will be issued upon completion of all requirements of Section E.

G2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

If a COR is designated, the Contracting Officer upon contract award will appoint the individual in writing. A Contracting Officer’s Representative (COR) is NOT a Contracting or Ordering Officer and DOES NOT have authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort which goes beyond the scope of the Statement of Work in the contract. The COR is technically responsible for monitoring of contractor performance and is the sole technical point of contact. The Contracting Officer may also appoint, in writing, an alternate COR to perform the responsibilities and functions of the COR.

G3 TECHNICAL DIRECTION

As provided by the contract provision DFARS 252.201-7000, “CONTRACTING OFFICER’S

REPRESENTATIVE (COR).

G4 INVOICING INSTRUCTIONS

All invoices will be processed through Wide Area Work Flow (WAWF) pursuant to DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Specific instructions will be provided at time of award pursuant to DFARS 252.232-7006 Wide Area Workflow Payment Instructions.

G5 GOVERNMENT FINANCING

Proposed pricing and contract award will be in accordance with the requirements of FAR 52.232-30, Installment Payments for Commercial Items.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

Military Ocean Terminal, Concord, CA

1. Operations Affecting Existing Work

Operations affecting existing facilities at the construction sites shall be conducted with care not to damage facilities that are to remain in place. All existing facilities damaged by such operations shall be rectified promptly without additional cost to the Government. Where existing facilities must be changed, or where new facilities adjoin, connect to, or abut existing facilities, the existing facilities shall be altered only as necessary and approved, in a substantial, neat and workmanlike manner.

2. Work Outside Regular Hours

If the Contractor identifies a need to conduct work outside regular hours or on Saturdays, Sundays, or holidays, at any of the Government sites identified in the delivery orders issued, the contractor shall submit a written request to the NAVCRANECEN (NCC) Project Manager and the Contracting Officer a minimum of five regular work days prior in advance of desired work period. Such requests, if authorized, shall allow ample time to enable satisfactory arrangements to be made by the Government to authorize such work and for inspecting the work in progress. At night, the contractor shall light the different parts of the work in an approved manner. No additional costs shall be authorized for such work.

3.1 Regular Working Hours. Unless otherwise indicated, all work is to be performed during the Command’s regular work hours from 7:30 a.m. to 1600 (4:00 p.m.) on regular work days of Monday through Friday except for Federal holidays. Recognized Federal holidays include New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day and Christmas Day. When a holiday falls on a Saturday, the holiday will be observed on the preceding Friday.

When a holiday falls on a Sunday, the holiday will be observed on the following Monday.

3.2 Extended Holiday periods. Christmas holidays will include a work curtailment from close of the business on 23 December through 3 January. Thanksgiving holidays will include a work curtailment from close of the business on Tuesday prior to Thanksgiving through the following Sunday.

4. Security Requirements

4.1 The Contractor shall, a minimum of fourteen (14) working days prior to beginning on-site work, provide the NAVCRANECEN, a list of all employees who will perform under the contract. The list shall be provided on MOTCO Form 190-3-R (Attachment D). Every employee requesting access is required to sign the NCIC Consent Form (Attachment E) indicating consent for the Government to conduct a criminal background check. The background check is conducted utilizing the National Crime Information Center (NCIC).

4.2 Each Contractor employee shall wear a visible Government furnished identification badge when performing work under the contract. Contractor employees shall be badged at MOTCO. These badges will be issued at the MOTCO visitor center during normal business hours. For personnel/companies with current MOTCO access rights, Visit Requests should be done through JPAS/JCAVS.

NOTE: Presentation of Form I-9 will not be required; however, employers are to ensure their workers are valid workers and are subject to verification checks. In other words, the prime contractor must check their sub-contractors and employees to ensure they comply with federal requirements and have no illegal workers.

4.2.1 Foreign nationals: Approval of access by foreign nationals requires a significant amount of time. The visit information must be provided to the delivery site representative a minimum of 30 calendar days before a visit. The following apply:

a. Foreign nationals who represent their nation’s military or government who request access to US military facilities are covered by AR 380-10, Foreign Disclosure and Contacts with Foreign Representatives. They are required to follow the official visit request process via their embassy in Washington, DC. This request must be submitted 30 days in advance of their requested visit.

Disclosure of CLASSIFIED or controlled unclassified information must be cleared with Department of the Army, through the chain of command.

b. Foreign nationals who work for an authorized contractor (not an official representative of their nation’s military or government), who request access to MOTCO will not require a formal request from their embassy. Disclosure of CLASSIFIED or controlled unclassified information IS NOT AUTHORIZED. However, requests for special exceptions can be submitted on a case-by-case basis through the chain of command to the Department of the Army.

c. ALL foreign nationals shall be RESTRICTED only to areas required to support their official business and MUST be escorted at all times. The 834th TB point of contact or member of that Directorate/Division will escort the visitor at all times. At no time will they be left unaccompanied.

d. The Visit Request and Clearance/Access Certification, MOTCO Form 190-3-R, will be provided to NAVCRANECEN for forwarding to the 834th TB Director of Emergency Services Personnel Security Officer for approval.

e. Foreign national visitors will be limited to a maximum of ten visitors at any given time due to escort requirements.

4.4 Disqualifying and temporarily disqualifying criminal offenses used to determine suitability to gain access to MOTCO are located in 49 CFR (Code of Federal Regulations), Part 1572.103.

4.5 All vehicles entering MOTCO will be required to receive a visitor vehicle pass and be subjected to an entry search. These vehicle passes will be issued at the MOTCO visitor center during normal business hours. The Contractor shall provide a vehicle list at least ten (10) days prior to mobilization. This shall include make, model, year and license plate number. Contractor shall provide registration and proof of insurance.

a. The Company name shall be displayed on each of the Contractor's vehicles in a manner and size that is clearly visible.

b. The vehicle must have the following:

(1) Proof of ownership (valid state registration), rental agreement or proof of dispatch (trip ticket).

(2) Valid state license plate.

(3) Evidence of current vehicle safety / emissions inspection, if applicable.

(4) Operator has a valid license

c. All contractor vehicles and equipment, when not in use, shall be locked or removed from the facility or otherwise disabled so that operation by unauthorized personnel will be prohibited. See Appendix D for mobile crane entry requirements.

4.6 The Contracting Officer may require the Contractor to remove from the job site any employee for misconduct or security reasons. The removal from the job site of such person shall not relieve the Contractor of the requirement to perform.

4.7 Cameras/cell phones: No cameras, including cell phone cameras, or recording devices are allowed inside the activity premises. Cell phone operation while driving must be hands free.

4.8 No firearms or controlled substances are allowed on base.

4.9 Emergency services:

1) Call (925) 246 -3911 for fire.

2) Call (925) 246 -3911 for security.

3) Call (925) 246 -3911 for a hazardous spill.

4) Call (925) 246 -3911 for a medical emergency. If care is rendered by a government facility, the contractor may be billed at prevailing rates.

5) Smoking is only permitted in areas posted for smoking.

5. Military Activity Regulations

The contractor, employees and subcontractors shall become familiar with and obey all MOTCO regulations including fire, traffic and security regulations. All personnel employed on the work site shall keep within the limits of the work (and avenues of ingress and egress), and shall not enter any restricted areas unless required to do so and are cleared for such entry. The contractor’s equipment shall be conspicuously marked for identification.

6. Work Schedule

The Contractor shall submit a work schedule as required by the issued to the Contracting Officer and the appropriate activity personnel prior to commencing work since circumstances at any particular site may dictate the need to modify the contractor’s work schedule. Attention is invited to the fact that other Contractors may be engaged in work at each site and there may be the need for close cooperation in order to avoid conflicts. The Contractor shall cooperate and schedule work to avoid such conflicts with and interruption of the work of others insofar as practicable. In the case of conflicts with other Contractors that cannot be resolved satisfactorily, the matter shall be referred to the Contracting Officer for resolution.

7. Government Activities

The Government will continue its normal activities during the contractor’s work at each site, and the contractor shall carry on work with the least possible interference to Government activities. The contractor shall schedule work as to cause the least amount of interference with facility operations. Work schedules shall be discussed with activity personnel as required. Permission to connect or interrupt any roads, railroads and/or utility service shall be requested in writing to Contracting Officer a minimum of 15 calendar days prior to the desired date of interruption. The contractor shall provide secure boundaries and sign postings around the designated work site to prevent entry of unauthorized personnel and vehicles.

8. Government Work and Material

The Contractor will perform the final acceptance tests of the crane as described in the contract. The Government will provide the test weights, rigging gear, and power, to perform the tests at no cost to the Contractor.

9. Safety The Contractor shall submit an Accident Prevention Plan in accordance with Appendix D.

10. Crane Mobilization, Assembly, Installation and Testing Plan

a. The Contractor is required to submit Contractor Mobile crane entry package a minimum of seven days prior to desired entry date.

b. The following documentation shall be submitted in the Contractor Mobile crane entry package.

(Submittal)

(1) Crane annual and quadrennial inspection.

(2) Copies of operator’s medical certificate and qualifications by a source that qualifies Crane

Operators.

(3) Personnel designated and qualified by the Crane Contractor conducting weight handling operations to perform rigger in charge duties as identified in NAVFAC P-307. The personnel designated to perform as the rigger in charge shall be qualified as defined per 29 CFR 1926.32(m).

(4) Copy of the load chart for the specific crane.

(5) Crane Data sheet

(6) Job site ground loading condition evaluations.

(7) Crane Certificate of Compliance of Appendix D.

(8) Major crane component lift plan required by Appendix D.

c. After the Contracting Officer provides approval of the submitted Contractor Mobile crane entry package, the Contractor must submit the request for mobile crane entry at least 48 hours prior to desired entry.

d. The Contractor shall comply with the following requirements pertaining to crane safety and operations:

(1) The crane operator will not leave the crane cab with a load suspended.

(2) The crane hook must be positioned directly over the load. Side loading of the crane is prohibited.

(3) A barricade must be positioned to prevent personnel from entering the tail swing area.

(4) “Lift-off” of tires when working on rubber or lift off of outriggers when used will not be permitted.

(5) Ground loading limitations must be adhered to at all times.

e. Critical lifts require plans as defined in Appendix D shall be submitted for approval. (Submittal)

f. The Contractor’s mobile crane will only be operated after lift plan approval and a successful equipment inspection.

11. Storm Protection

Should warnings of wind of gale force or stronger be issued, the Contractor shall take every practicable precaution to minimize danger to persons, to the cranes and to adjacent property. These precautions shall include closing all openings as appropriate, removing all loose materials, tools and equipment from exposed locations and removing or securing scaffolding and other temporary work. Close openings in the work when storms of lesser intensity pose a threat to the work or any nearby Government property.

12. Sanitation

If adequate sanitary conveniences are not available at the site, the contractor shall be responsible for such conveniences of any approved type for the use of persons employed on the work and properly secluded from public observation and shall be constructed and maintained by the contractor in such a manner and at such points as shall be required or approved by the appropriate authority at the Government facility. These conveniences shall be maintained at all times without nuisance and their use shall be strictly enforced. Upon completion of the work, they shall be removed from the premises, leaving the premises clean and free from nuisance.

13. Environmental Protection

13.1 No waste hazardous material or hazardous waste shall be disposed of on government property. No hazardous material shall be brought onto government property that does not directly relate to requirements for the performance of this contract. The government is not responsible for disposal of Contractor's waste material brought on the job site and not required in the performance of this contract. The intent of this provision is to dispose of that waste identified as waste hazardous material/hazardous waste as defined herein that was generated as part of this contract and existed within the boundary of the Contract limits and not brought in from offsite by the Contractor. Incidental materials used to support the contract including, but not limited to aerosol cans, waste paint, cleaning solvents, contaminated brushes, rags, clothing, etc. are the responsibility of the Contractor. The list is illustrative rather than inclusive. The Contractor is not authorized to discharge any materials to sanitary sewer, storm drain, or to the river or conduct waste treatment or disposal on government property without written approval of the Contracting Officer.

13.2 The Contractor is advised that this project and the station are subject to Federal, State, and local regulatory agency inspections to review compliance with environmental laws and regulations. The Contractor will fully cooperate with any representative from any Federal, State or local regulatory agency who may visit the job site and will provide immediate notification to the Contracting Officer, who will accompany them on any subsequent site inspections. The Contractor will complete, maintain, and make available to the Contracting Officer, station, or regulatory agency personnel all documentation relating to environmental compliance under applicable Federal, State and local laws and regulations. The Contractor will immediately notify the Contracting Officer if a Notice of Violation (NOV) is issued to the Contractor. The Contractor shall comply with the instructions of the cognizant MOTCO Department with respect to avoidance of conditions which create a nuisance or which may be hazardous to the health of military or civilian personnel.

13.3 The Contractor will be responsible for all damages to persons or property resulting from Contractor fault or negligence as well as for the payment of any civil fines or penalties which may be assessed by any Federal, State or local regulatory agency as a result of the Contractor's or any subcontractor's violation of any applicable Federal, State or local environmental law or regulation. Should a Notice of Violation (NOV), Notice of Noncompliance (NON), Notice of Deficiency (NOD), or similar regulatory agency notice be issued to the Government as facility owner/operator on account of the actions or inactions of the Contractor or one of its subcontractors in the performance of work under this contract, the Contractor will fully cooperate with the Government in defending against regulatory assessment of any civil fines or penalties arising out of such actions or inactions.

13.4 Any on site fuel tanks must be over drip pans, which can contain 110% of the tank's volume. The tanks and drip pans must be covered during inclement weather and when work is not in progress on the site.

14. Public Release of Information

There shall be no public release of information or photographs concerning any aspect of the materials or services relating to this contract or other documents resulting there from without the prior written approval of the Contracting Officer. The Contractor shall insert the substance of this paragraph in each subcontract and purchase order.

15. Services of a Manufacturer’s Representative at Site of Delivery

The prime contractor shall provide a representative at the site specified in the contract who shall coordinate all work during the entire period of delivery, erection, field testing and Government inspection. This representative shall have the technical expertise and authority to resolve problems in a timely manner, and shall be an employee of the prime contractor whether the site work is performed by the prime or by subcontractor(s).

17. Radio Transmitter Restrictions

To preclude accidental actuation of sensitive electronic equipment, the Contractor shall conform to the restrictions and procedures for the use of radio transmitting equipment as delineated by MOTCO. Under no circumstances shall transmitters be used without prior approval of the appropriate MOTCO authorities.

18. Utilities Services

18.1 Installation Support Power: The contractor shall make arrangements for any and all utility services required.

The contractor shall be responsible for providing utility services for the installation. Crane checkout and testing should utilize electricity through normal crane power supply circuits.

18.1. Telephone Service: The contractor shall make arrangements for telephone services. The facility will not provide telephone access.

18.2. Water: The location of temporary tie-ins will be as approved by the Contracting Officer and at the expense of the Contractor. All temporary tie-ins to the facility water system require meters, low-pressure back-flow preventors and shut off valves. Fire hydrants shall not be used for water supply.

18.3. Solid Waste: Contractor will provide all required waste disposal services necessary in execution of this contract.

19. GENERAL INFORMATION

a. The Contractor shall provide a Contract Manager who shall be responsible for performance of the work. The name of this person, and an alternate or alternates, who shall act for the Contractor when the manager is absent, shall be designated in writing to the Contracting Officer.

(1) The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract and be responsible for prompt action on matters pertaining to Contractor administration of the contract.

(2) The contract manager or alternate shall be available during normal duty hours within 30-60 minutes to meet on the installation with Government personnel (designated by the CO) to discuss problem areas.

After normal duty hours, the manager or alternate shall be available within two (2) hours.

(3) The project manager and alternate or alternates must be able to read, write, speak, and understand English.

b. Cutting, burning, grinding, and welding within the confines of the complex requires special permission and a hot work permit from the fire department which must be obtained in advance. The contractor will be required to post a fire watch for any such activities.

c. The Contracting Officer may require the Contractor to remove from the job site any employee for misconduct or security reasons.

d. Contractor employees shall not loiter in or around place of duty during off-duty hours.

e. All Contractor employees performing work under the contract shall be physically able to do their assigned work. The Contractor shall not allow any employee(s) to perform any work that is under the influence of alcohol or is incapacitated by restricted substances.

f. The contractor is advised that at times they will be working within and explosive clear zone. The clear zone consists of an area where explosives or explosive operations are present at nearby sites. The potential for a mishap is unlikely. However, if a mishap were to occur, personnel would be exposed to effects such as blast, fragmentation and fire brands that could result in serious injury or fatality.

g. The contractor will be requested to evacuate the work site during a lightning storm if within ten miles when explosive operations are in process.

h. The contractor will follow emergency procedures for fire and ambulance in coordination with the MOTCO fire department.

i. Contractor trailers or storage buildings will be permitted in the vicinity of the job site, when space is available, subject to the approval of the Contracting Officer. The trailers or buildings shall be in good condition, free from visible damage rust and deterioration, and meet all applicable safety requirements.

Trailers shall be roadworthy and comply with all appropriate state and local vehicle requirements.

Failure to maintain storage trailers or buildings to these standards shall result in the removal of non-complying units at the Contractor's expense. A sign not smaller than 24 by 24 inches shall be conspicuously placed on the trailer depicting the company name, business phone number, and emergency phone number. Trailers shall be anchored to resist high winds and must meet applicable state of local standards for anchoring mobile trailers. Connection of utility services could require using specific contractors that provide that utility service and repairs at MOTCO.

20. The contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance:

COVERAGE

Type of Insurance: Per Person Per Accident Property General Liability $ 500,000.00 Automobile $200,000.00 $ 500,000.00 $ 20,000.00 Liability Workmen’s As Required Under FAR 28.307-2 Compensation (Other as required by State Law)

A Certificate of Insurance shall be submitted to the Contracting Officer for review and approval. No work shall commence until this notice has been presented to the Contracting Officer.

The only wording that is acceptable to the Government in the Cancellation section of the Certificate of Insurance is the endorsement stating:

"ANY CANCELLATION OR MATERIAL CHANGE IN THE

COVERAGE ADVERSELY AFFECTING THE GOVERNMENT'S

INTEREST SHALL NOT BE EFFECTIVE FOR SUCH PERIOD AS THE

LAWS OF THE STATE IN WHICH THIS CONTRACT IS TO BE

PERFORMED PRESCRIBE; OR UNTIL 30 DAYS AFTER THE INSURER

OR THE CONTRACTOR GIVES WRITTEN NOTICE TO THE

CONTRACTING OFFICER, WHICHEVER PERIOD IS LONGER."

The Certificate Holder will be Commander, NAVFAC Atlantic, Navy Crane Center, Norfolk Naval Shipyard, Building 491, Portsmouth, VA 23709-5000.

See FAR 52.228-5 for additional requirements with regard to insurance.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-3 Convict Labor JUN 2003 52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988

52.222-15 Certification of Eligibility MAY 2014 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.225-18 Place of Manufacture AUG 2018 52.227-1 Authorization and Consent DEC 2007 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-4 Physical Data APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-21 Specifications and Drawings for Construction FEB 1997 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-35 F.O.B. Destination, Within Consignee's Premises APR 1984 52.247-58 Loading, Blocking, And Bracing Of Freight Car Shipment APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.219-7004 Small Business Subcontracting Plan (Test Program) APR 2018 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements--Basic DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7001 Contract Drawings, and Specifications AUG 2000 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

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

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

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

and

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

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

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages as identified below for each calendar day of delay:

CLIN 0001 – Container Crane - $12,600 CLIN 0002 – Container Crane - $10,750 CLIN 0003– Spare Parts - $200

Liquidated damages shall not exceed 5% of the total contract price. Liquidated damages for a particular CLIN may exceed 5% of the price for that CLIN, but shall not exceed 5% of the total for all awarded CLINs.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance…