W91236-16-R-0004_Amendment_0001.pdf

CODE

(Hour)

PAGE(S)

until 12:00 PM local time 09 May 2016

X

A X B X C

D

EX

X G F 57 - 62

63 - 87 X H 88

Jason.N.Moy2@usace.army.mil

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 94

(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.

W91236 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 5 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

Norfolk District conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JASON N MOY 347-370-4585

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 12 13 - 32

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

33 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

34 - 40 41 - 44

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 45 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 46 - 48 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

49 - 54

PART II - CONTRACT CLAUSES

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1096

757-201-7183FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

55 - 56

6. REQUISITION/PURCHASE NO.

W26GLG60357918

5. DATE ISSUED

31 Mar 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91236-16-R-0004

Section SF 30 - BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

USACE Solicitation W91236‐16‐R‐0004 Atlantic Intracoastal Waterway (AIWW) Summary of Changes

The following document details the changes to USACE Solicitation #W91236‐16‐R‐0004 for the subject procurement:

‐ The original synopsis was posted to FBO on February 03, 2016 ‐ On March 31, 2016, (14:37) the synopsis was amended and the formal solicitation was posted to FBO.

The following documents were uploaded at this time:

W91236‐16‐R‐0004_Solicitation.pdf

Description: Solicitation

AIWW_SOW_July_2016‐March_2019.pdf Description: Scope of Work

W91236‐16‐R‐0004_Attachment_J‐01_Project_Maps.pdf Description: Attachment J‐01 Project Map

W91236‐16‐R‐0004_Attachment_J‐02_Facility_Description_and_Building_Inventory.pdf Description: Attachment J‐02 Facility Description and Building Inventory

W91236‐16‐R‐0004_Attachment_J‐03_Government_Furnish_Property.pdf Description: Attachment J‐03 Government Furnish Property

W91236‐16‐R‐0004_Attachment_J‐04_Project_Signs_and_Buoys.pdf Description: Attachment J‐04 Project Signs and Buoys

W91236‐16‐R‐0004_Attachment_J‐05_Sample_Forms.pdf Description: Attachment J‐05 Sample Forms

W91236‐16‐R‐0004_Attachment_J‐06_Preventive_Maintenance_and_Job_Plans.pdf Description: Attachment J‐06 Preventive Maintenance and Job Plans

W91236‐16‐R‐0004_Attachment_J‐07_Building_Maintenance_and_Paint_Schedule.pdf Description: Attachment J‐07 Building Maintenance and Paint Schedule

W91236‐16‐R‐0004_Attachment_J‐08_ND‐12_Barge_Maintenance.pdf Description: Attachment J‐08 ND‐12 Barge Maintenance

W91236‐16‐R‐0004_Attachment_J‐09_Underwater_Bridge_Inspections.pdf Description: Attachment J‐09 Underwater Bridge Inspections

W91236‐16‐R‐0004_Attachment_J‐10_Record_of_Major_Facility_Downtime.pdf Description: Attachment J‐10 Record of Major Facility Downtime

W91236‐16‐R‐0004_Attachment_J‐11_Performance_Requirements.pdf Description: Attachment J‐11 Performance Requirements

W91236‐16‐R‐0004_Attachment_J‐12_Valve_Mechanical_Fasteners.pdf

Description: Attachment J‐12 Valve Mechanical Fasteners

W91236‐16‐R‐0004_Attachment_J‐13_Statement_of_Work.pdf *(See note)* Description: Attachment J‐13 Statement of Work *(See note)*

W91236‐16‐R‐0004_Attachment_J‐14_Wage_Determinations.pdf Description: Attachment J‐14 Wage Determinations

*Note: The document entitled “AIWW_SOW_July_2016‐March_2019.pdf” is one document that contains the Scope of Work and all attachments in one file. To aid in uploading/downloading, the attachments were broken out and posted as separate documents. The file entitled “W91236‐16‐R‐ 0004_Attachment_J‐13_Statement_of_Work.pdf” was labeled in error. Both documents are identical, and both will be replaced by a new version in an upcoming amendment.

‐ On March 31, 2016, (14:43) the FBO POSTING was amended to update the primary points of contact.

NO changes to the content of the solicitation or attachments were made.

‐ On April 19, 2016, the SOLICITATION was amended via Amendment 0001 to Solicitation #W91236‐16‐ R‐0004 to delete the files entitled “AIWW_SOW_July_2016‐March_2019.pdf” and “W91236‐16‐R‐ 0004_Attachment_J‐13_Statement_of_Work.pdf.” The Scope of Work has been revised, and will be posted as “AIWW SOW_April 2016.” The following changes have been incorporated in this amendment:

‐ Amendment 0001 reflecting the changes detailed herein has been included as an attachment.

‐ The Proposal due date has been changed from 03 May 2016 to 09 May 2016.

‐ The file entitled “NLB 2016‐03‐01 Critical Finding Report ‐ 2016‐03‐02 Revision 1” has been included as an attachment.

‐ This document, entitled “Summary of Changes” has been included as an attachment.

‐ In Section A of the Solicitation, the text at paragraph A.2 has been revised to lengthen the acceptance period for proposal to 75 days.

‐ In Section A of the Solicitation, the text at paragraph A.11 has been revised to clarify the period of performance.

‐ In Section A of the Solicitation, the text at paragraph A12 has been revised to change the deadline for ProjNet submittals and to correct the referenced solicitation number.

‐ In Section A of the Solicitation, the text at paragraph A.16 has been revised to clarify the basis for award.

‐ ‐ In Section A of the Solicitation, all references to the Solicitation Number have been revised to ‐ “W91236‐16‐R‐0004.”

‐ In Section B of the Solicitation, CLIN 0012 has been added to the Bid Schedule to incorporate the requirement for repair of damage to North Landing Bridge and Fender System in accordance with new text inserted at the Statement of Work at paragraph 19.6.

‐ In Section B of the Solicitation, the text “exclusive of Item 2007” in CLIN 2007 has been deleted.

‐ In Section C of the Solicitation, the date of the Scope of Work has been changed to 11 April

2016.

‐ In Section E of the Solicitation, the text at paragraph 2.2.1 has been revised.

‐ In Section E of the Solicitation, the text at paragraph 3.2 has been revised.

‐ In Section E of the Solicitation, the text at paragraph 4 has been revised.

‐ In Section G of the Solicitation, the Contracting Office POC has been updated.

‐ In the Scope of Work, the text at paragraphs 11.2, 11.2.1, 11.2.2, and 11.2.3 has been revised.

The text at paragraph 11.2.4 has been deleted.

‐ In the Scope of Work , new text has been added at paragraphs 19.6, 19.6.1, 19.6.1.1, 19.6.1.2, 19.6.1.3, and 19.6.2 to incorporate the requirement for repair of damage to North Landing

Bridge and Fender System.

‐ For purposes of clarification for offerors, the full text of paragraphs 2.2.1, 3.2, and 4 of Section E of the Solicitation are set out below with tracked changes reflected therein. Similarly, the full text of paragraphs 11.2, 11.2.1, 11.2.2, and 11.2.3 of the Scope of Work are set out below with tracked changes.

Scope of Work Changes

11.2. Damage to Government Property: When government properties (such as, but not limited to, fender systems, bulkheads, lock gates, lock fenders, dolphins, vehicular gates at bridges, bridges etc.) are damaged by vessels transiting the canals, vehicles on the roadways, or any other methods, it shall be the contractor's responsibility to contact parties responsible for the damage, and collect funds to repair damages or insure that responsible parties make repairs.

11.2. Third Party Damage to Government Property: When damaged government property (such as, but not limited to, fender systems, bulkheads, lock gates, lock fenders, dolphins, vehicular traffic gates at bridges, traffic lights, bridges, etc.) by a third party, the contractor shall immediately assess the damage to determine whether ongoing use of the facility, in light of the damage, presents a risk to life, health, safety, or function of the Government facility. In all instances of property damage, the contractor shall notify the Contracting Officer’s Representative immediately of the damage. In addition, the contractor shall conduct a preliminary investigation of the damage and prepare a report describing the damage and the cause of the damage, if determined through the course of the preliminary investigation. Where it is known or reasonably suspected that damage was caused by a third‐party, the contractor shall identify the responsible party and the basis for attributing the damage to the third‐party. Where feasible, the contractor shall undertake minor repairs of the damaged property (for purposes of this paragraph a minor repair is one that can be readily valued at $ $5,000 or less). In such instances, the contractor shall account for all costs incurred to perform the minor repair and provide a written accounting of any costs they fell are outside of the scope of this contract to the Contracting Officer’s Representative.

11.2.1. Repairs may be accomplished in any one of four ways. The party responsible for the damage may make repairs: the party responsible for damage may hire another company to perform repairs: the party responsible for the damage may reimburse the government for the cost of repairs; or when approved by the Contracting Officer's Representative, the party responsible for the damage may reimburse the AIWW Facilities Operations and Maintenance Contractor directly, and repairs would be made by the AIWW Facilities Operations and Maintenance Contractor.

11.2.1. Damage Repair: Where property damage is not susceptible to reasonable remediation through minor repair, the contractor shall provide technical assistance to the Government to identify the technical requirements and help develop the statement of work to complete the necessary repairs. The Government shall be responsible for determining the standard for repair but will solicit the contractor’s input where appropriate. The Government will determine the appropriate source for repair of damage, which may include the contractor, and will proceed to procure the repair accordingly. In addition, the contractor will work with the Contracting Officer Representative to complete the accident report, ENG Form 3394.

11.2.2. When disputes arise between the parties causing the damage and the contractor; the contractor shall make every effort to collect funds or have repairs made. If the dispute cannot be resolved and legal actions are required the contractor shall notify the Contracting Officer in writing of the nature of the dispute and all facts regarding the accident. Legal actions will be handled be the government. The contractor shall provide report regarding the damage and assist by presenting all facts to the Contracting Officer. In any case where the contractor's actions or lack of action caused or contributed to the damage, the repairs shall be made at contractor expense.

11.2.2. Responsibility for Third‐Party Damage: The Government shall be responsible for collecting and/or settling disputed amounts received from responsible third‐parties for damage to Government real property. In the event of damage to Government personal property, the Government, at its discretion, may make arrangements for the responsible third‐party to repair the damaged property directly in lieu of making payment to the Government for repair. In either event, the contractor shall be responsible for preserving any evidence in its possession which may tend to demonstrate the responsibility of the third‐ party and providing reasonable assistance to the Government in facilitating the repair or investigating the matter.

11.2.3. Ensure that the party responsible for the damage submits plans and specifications showing the repair work to be performed to the Contracting Officer's Representative for acceptance.

11.2.3. Coast Guard Notification: The contractor shall notify the Fifth Coast Guard District of any accident immediately and coordinate with the Contracting Officer’s Representative to ensure that such notification has occurred.

Section E Changes

2.2.1 Quality of Work

This includes both demand maintenance and repair below the Limit of Liability and those above the limit of liability. Acceptable work will be that which is fully completed, is done in accordance to the work order or proposal agreed to by the COR and is done in conformance to Contract and acceptable industry standards, and task order if applicable. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

2.2.1 Quality of Work

Acceptable work will be that which is fully completed, is done in accordance to the work order or proposal agreed to by the COR and is done in conformance to Contract and acceptable industry standards, and task order if applicable. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

3.2 Preventive and Demand Maintenance Invoices

3.2.1 Preventive Maintenance and Demand Maintenance below the LOL Preventive and Demand Maintenance will be paid on the basis of the completion of annually scheduled work when the Contract surveillance does not exceed find unacceptable performance. This will include all work within the Contractor’s Limit of Liability.

The Contractor shall perform preventive and demand maintenance as scheduled and confirmed by the Contracting Officer, Contracting Officer’s Representative and as required in the Contract in the required timeframe.

3.2.2 Demand Maintenance and Repair above the LOL

Proposals will be required for all demand maintenance projects and repair requirements over the limit of liability with invoices submitted monthly. Payments for this work will be made when the work has been fully completed, inspected and found to be free of defects. No progress payments will be made on this work unless approved by the Contracting Officer in advance. Individual line items for all demand maintenance or repair projects will be required.

Detailed cost summaries for each project over the limit of liability, including a breakout of labor and material utilized shall be included with invoice. Employees utilized, their classifications and labor rates shall be clearly identified. The Government will pay all costs for Demand and repair work orders with a total cost above the Limit of Liability when the work orders are processed in accordance with the Contract and the Invoice is properly approved.

The Contracting Officers Representative will verify the validity of the invoice as submitted, perform any deductions as specified herein, if required, and submit it to the Contracting Officer for payment.

3.2 Reserved

4. RIGHTS AND REMEDIES

The rights of the Government and remedies described in this document are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the inspection of Services, Termination, and Default clauses. The PRS implements that part of the Inspection of Services clause which allows the Government the right to require Contractor re‐performance, and/or reduce the payments made to the Contractor for work not performed acceptably. Any deductions pursuant to the PRS shall reflect the reduced value of work performed under the contract. The Contractor shall not be relieved of full performance of the work hereunder and may be terminated for default based upon inadequate performance even if a deduction was previously taken for the unsatisfactory performance. Only one method will be used at a time to evaluate a listed task during an inspection period for payment computation purposes. The Government is not restricted to the inspection method. The Government may change surveillance method(s), quality assurance procedures, and increase or decrease the degree of surveillance based upon contract modifications, lessons learned, technological changes, surveillance documentation and changes to the Contractor's quality control system.

4. RIGHTS AND REMEDIES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the inspection of Services, Termination, and Default clauses. The performance requirements in the SOW implement that part of the Inspection of Services clause which allows the Government the right to require Contractor re‐performance, and/or reduce the payments made to the Contractor for work not performed acceptably. Any deductions pursuant to the performance requirements in the SOW shall reflect the reduced value of work performed under the contract. The Contractor shall not be relieved of full performance of the work hereunder and may be terminated for default based upon inadequate performance even if a deduction was previously taken for the unsatisfactory performance.

Only one method will be used at a time to evaluate a listed task during an inspection period for payment computation purposes. The Government is not restricted to the inspection method. The Government may change surveillance method(s), quality assurance procedures, and increase or decrease the degree of surveillance based upon contract modifications, lessons learned, technological changes, surveillance documentation and changes to the Contractor's quality control system.

Section A - Solicitation/Contract Form

SOLICITATION INFORMATION

SECTION A

A.1 Contract Title: Service Contract for AIWW Facilities, Operations and Maintenance, Atlantic Intracoastal Waterway, Norfolk District, Virginia and North Carolina.

This solicitation contemplates the award of a firm-fixed price contract for the performance of facilities operations and maintenance of the bridges and locks along the Atlantic Intracoastal Waterway in Virginia and North Carolina. The contractor shall provide all services, materials, supplies, plant, labor, equipment, utilities and supervision, except as specified as government furnished, to operate, maintain and repair two highway drawbridges, one highway swing bridge, three navigation locks, three water control structures, approximately 40 miles of canal waterways, all real property facilities, and approximately 3,100 acres of land owned by the U. S. Army Corps of Engineers, Norfolk District, which is known as the Atlantic Intracoastal Waterway (AIWW) as contained herein or incorporated by reference. The AIWW is divided into two canals; the Albemarle and Chesapeake Canal (ACC) and Dismal Swamp Canal (DSC) both are on the National Register of Historical Places.Offerors will be evaluated in accordance with Sections L and M of the solicitation.

A.2 Acceptance Period for Proposal: Offers providing less than 75 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

A.3 Type of Contract: This is Firm-Fixed Priced type contract.

A.4 Reserved.

A.5 Performance Based Contract: This is a Performance Based Acquisition which utilizes a Performance Work Statement (PWS) in accordance with FAR 37.6 – Performance-Based Acquisition.

A.6 Set-Aside: Competitive Procurement, No Set Aside, Unrestricted and open to all Business Concerns.

A.7 NAICS Code: The NAICS Code assigned to this procurement is 488310, Port and Harbor operations with a small business size standard of $38,500,000.00.

A.8 Wage Determination (Service)/Wage Decision (Construction): The Service Contract Act is applicable to this solicitation. Refer to Section J, Attachments.

A.9 Bid Guarantee/Bonding Requirements: NOT REQUIRED for this procurement

A.10 Contract Term: This contract contains provisions for one (1) nine-month base period and Two (2) one-year option periods.

A.11 Period of Performance: The period of performance (POP) for the base year is 1 July 2016 through 31 March 2017. The POP for option period 1 is 1 April 2017 through 31 March 2018.

The POP for option period 2 is 1 April 2018 through 31 March 2019. The bid schedule requires offerors also to propose pricing for a potential six month extension period, in accordance with the provision at 52.217-8, which would start to run at the conclusion of option period 2. See paragraph A17 for further discussion of this option.

A.12 Offeror Inquiry:

A.12-1 Note: All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than April 26, 2016, in order that they may be given consideration or actions taken prior to receipt of offers. ProjNet will close at 8am EST on April 26, 2016.

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet.

To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select

Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login. Fill in all required information and click create user.

Verify that information on next screen is correct and click continue.

From this page you may view all bidder inquiries or add inquiry.

Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is : W91236-16-R-0004 The Bidder Inquiry Key is: ZI9984-AX3S26 The Bidder Inquiry System will be unavailable for new inquires 5 days prior to proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

Offeror are requested to review the specification in its entirety, review the Bidder

Inquiry System for answers to questions prior to submission of a new inquiry.

The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone

(Chicago). The telephone number for the Call Center is 800-428-HELP.

A.12-3 The Solicitation Number is : W91236-16-R-0004

A.12-4 Offerors should review the solicitation in its entirety and review the FBO announcement for amendments and/or answers to questions prior to submission of a new inquiry.

A.12-5 Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals

A.13 Site Visit

General Information: A formal site visit April 13, 2016, 9am Eastern Time at the Great Bridge Reservation, 2509 Reservation Road, Chesapeake, VA. Visit will only be of the Great Bridge Reservation and the Great Bridge Lock, all other AIWW sites will also be open for visitation on this date.

Visitors are require to bring their own U. S. Coast Guard Approved Life Jacket and wear closed toe leather shoes.

The Government will not entertain any questions during the site visit.

Advance Notification: Those who would like to attend the site visit shall contact Joel

Scussel at Joel.F.Scussel@usace.army.mil and CC Keith Westry at Keith.O.Westry@usace.army.mil with the names and contact information for each person (max 2) who will be attending the site visit by 12:00 pm on April 6, 2016. Mr. Scussel will send you a confirmation email in return. No questions will be accepted or responded to.

Max Reps per Offeror: Two (2)

Additional Terms and Conditions

A.14 AWARD TO RESPONSIBLE OFFEROR

Responsibility will be determined, prior to award, by the Contracting Officer, either by performing a pre-award survey or conclusions based on a previous pre-award survey and/or any performance data available. To be determined responsible, the offeror must show the necessary capital, experience, and the offeror will be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified in accordance with FAR 9.104.

A15. EVIDENCE OF AUTHORITY TO SIGN OFFERS

Evidence of the authority of individuals signing offers to submit firm offers on behalf of the offeror is required except where the offer is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated offeror; a partner in the case of a partnership; or the owner in the case of a sole proprietorship. Failure to submit with the offer satisfactory evidence of the authority of all other persons may be cause for rejection of the offer as invalid or nonresponsive.

A16. BASIS OF AWARD

This requirement uses Lowest Price Technically acceptable (LPTA) source selection procedures, where price and non-price factors are considered. Refer to Section M, "Evaluation Factors For Award." The contract will be awarded to the offeror submitting the low price technically acceptable proposal, as defined herein. Low price shall be calculated based on the contract line item prices proposed for the base period plus the two option periods plus the potential six month extension period. See paragraph A17 for further discussion.

A17. OPTIONS

The Government will evaluate offers for award purposes by adding the total price for all options and 6-month extension to the total price for the basic requirement in accordance with FAR 52.217-5. The Government may determine that an offer is unacceptable if the option 6-month extension prices are significantly unbalanced. Evaluation of options and 6-month extension shall not obligate the Government to exercise the option(s) or the 6-month extension.

A17. INCURRING COSTS

The Government is not liable for any costs incurred by the offeror submitting an offer in response to this solicitation.

A18. AGENTS

Offers signed by an Agent must be made in the name of the Principal and must be accompanied by evidence of said Agent’s authority to act on behalf of its Principal.

A19. UNBALANCED BIDS

Any offer which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced offer is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work in accordance with FAR 15.404-1.

A20. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER

PERSONNEL

The contractor shall not accept instructions issued by any person, employed by the U.S.

Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority letter will be furnished to the contractor at time of contract award.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9 Months

NORTH LANDING BRIDGE

FFP

Operate, maintain, and repair the ACC North Landing Bridge in accordance with the Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: W26GLG60357918

NET AMT

0002 9 Months

GREAT BRIDGE LOCK

FFP

Operate, maintain, and repair the ACC Great Bridge Lock exclusive of Item 0003 in accordance with the Statement of Work.

0003 1 Job

ACC AND GREAT BRIDGE LOCK VALVE MAINT

FFP

ACC maintenance, valve inspection and fastener installation on the Great Bridge Lock in accordance with the Statement of Work.

0004 9 Months

ACC MAINTENANCE

FFP

Perform maintenance and repairs of the Great Bridge Reservation, ACC Waterway, patrols, and all remaining ACC facilities complete as specified exclusive of Items 0001 to 0003 in accordance with the Statement of Work.

0005 9 Months

DEEP CREEK LOCK

FFP

Operate, maintain, and repair the DSC Deep Creek Lock exclusive of Item 0009 in accordance with the Statement of Work.

0006 9 Months

SOUTH MILLS LOCK

FFP

Operate, maintain, and repair the DSC South Mills Lock in accordance with the Statement of Work.

0007 9 Months

DSC BRIDGES

FFP

Operate, maintain, and repair the DSC Deep Creek Bridge and South Mills Bridge in accordance with the Statement of Work.

0008 9 Months

DISMAL SWAMP WATER CONTROL

FFP

Operate, maintain, and repair all the DSC water control structures and reservations at the Deep Creek, South Mills, and Lake Drummond Facilities in accordance with the Statement of Work.

0009 1 Job

DEEP CREEK LOCK GATES REHAB

FFP

Refurnish and repair of the river gates of Deep Creek Lock (two gates total) of the DSC in accordance with the Statement of Work.

0010 9 Months

DISMAL SWAMP CANAL MAINTENANCE

FFP

Perform maintenance and repairs of the DSC Waterway, patrols, and all remaining DSC facilities complete as specified exclusive of Items 0005 to 0009 in accordance with the Statement of Work.

0011 1 Job

BRIDGE INSPECTIONS

FFP

Perform Underwater Bridge Inspections on North Landing Bridge, Deep Creek Bridge, South Mills Bridge, And South Mills Lock Culvert Bridge in accordance with the Statement of Work.

0012 1 Job

N. LANDING BRIDGE / FENDER SYSTEM REPAIR

FFP

Perform Repairs on North Landing Bridge and Fender System in accordance with the Statement of Work.

1001 12 Months

OPTION NORTH LANDING BRIDGE

FFP

Operate, maintain, and repair the ACC North Landing Bridge in accordance with

1002 12 Months

OPTION GREAT BRIDGE LOCK

FFP

Operate, maintain, and repair the ACC Great Bridge Lock exclusive of Item 1003 in accordance with the Statement of Work.

1003 1 Job

OPTION ACC AND GREAT BRIDGE DAVIT CRANE/CFRDM

FFP

ACC maintenance, clean and painting machinery area, install davit crane and cofferdams on Great Bridge Lock in accordance with the Statement of Work.

1004 12 Months

OPTION ACC MAINTENANCE

FFP

Perform maintenance and repairs of the Great Bridge Reservation, ACC Waterway, patrols, and all remaining ACC facilities complete as specified exclusive of Items 1001 to 1003 in accordance with the Statement of Work.

1005 12 Months

OPTION DEEP CREEK LOCK

FFP

Operate, maintain, and repair the DSC Deep Creek Lock in accordance with the Statement of Work.

1006 12 Months

OPTION SOUTH MILLS LOCK

FFP

Operate, maintain, and repair the DSC South Mills Lock in accordance with the

1007 12 Months

OPTION DSC BRIDGES

FFP

Operate, maintain, and repair the DSC Deep Creek Bridge and South Mills Bridge

1008 12 Months

OPTION DISMAL SWAMP WATER CONTROL

FFP

Operate, maintain, and repair all the DSC water control structures and reservations at the Deep Creek, South Mills, and Lake Drummond Facilities in accordance with

1009 12 Months

OPTION DISMAL SWAMP CANAL MAINTENANCE

FFP

Perform maintenance and repairs of the DSC Waterway, patrols, and all remaining DSC facilities complete as specified exclusive of Items 1004 to 1008 in accordance with the Statement of Work.

2001 12 Months

OPTION NORTH LANDING BRIDGE

FFP

Operate, maintain, and repair the ACC North Landing Bridge in accordance with

2002 12 Months

OPTION GREAT BRIDGE LOCK

FFP

Operate, maintain, and repair the ACC Great Bridge Lock in accordance with the

2003 1 Job

OPTION ACC AND GREAT BRIDGE LOCK VALVE MAINT

FFP

ACC maintenance of exterior and interior painting of scheduled ACC Buildings, and Great Bridge Lock valve maintenance work in accordance with the Statement of Work.

2004 12 Months

OPTION ACC MAINTENANCE

FFP

Perform maintenance and repairs of the Great Bridge Reservation, ACC Waterway, patrols, and all remaining ACC facilities complete as specified exclusive of Items 2001 to 2003 in accordance with the Statement of Work.

2005 12 Months

OPTION DEEP CREEK LOCK

FFP

Operate, maintain, and repair the DSC Deep Creek Lock in accordance with the

2006 12 Months

OPTION SOUTH MILLS LOCK

FFP

Operate, maintain, and repair the DSC South Mills Lock in accordance with the

2007 12 Months

OPTION DSC BRIDGES

FFP

Operate, maintain, and repair the DSC Deep Creek Bridge and South Mills Bridge

2008 1 Job

OPTION DSC MAINTENANCE

FFP

DSC maintenance of Exterior and interior painting of scheduled DSC Buildings, install flag pole, and upgrade restroom fixtures, in accordance with the Statement of Work.

2009 12 Months

OPTION DISMAL SWAMP WATER CONTROL

FFP

Operate, maintain, and repair all the DSC water control structures and reservations at the Deep Creek, South Mills, and Lake Drummond Facilities in accordance with

2010 12 Months

OPTION DISMAL SWAMP CANAL MAINTENANCE

FFP

Perform maintenance and repairs of the DSC Waterway, patrols, and all remaining DSC facilities complete as specified exclusive of Items 2005 to 2009 in accordance

2011 1 Job

OPTION BRIDGE INSPECTIONS

FFP

Perform Underwater Bridge Inspections on North Landing Bridge, Deep Creek Bridge, South Mills Bridge, And South Mills Lock Culvert Bridge in accordance

3001 6 Months

OPTION NORTH LANDING BRIDGE

FFP

Operate, maintain, and repair the ACC North Landing Bridge in accordance with

3002 6 Months

OPTION GREAT BRIDGE LOCK

FFP

Operate, maintain, and repair the ACC Great Bridge Lock in accordance with the

3003 6 Months

OPTION ACC MAINTENANCE

FFP

Perform maintenance and repairs of the Great Bridge Reservation, ACC Waterway, patrols, and all remaining ACC facilities complete as specified exclusive of Items 3001 to 3002 in accordance with the Statement of Work.

3004 6 Months

OPTION DEEP CREEK LOCK

FFP

Operate, maintain, and repair the DSC Deep Creek Lock in accordance with the

3005 6 Months

OPTION SOUTH MILLS LOCK

FFP

Operate, maintain, and repair the DSC South Mills Lock in accordance with the

3006 6 Months

OPTION DSC BRIDGES

FFP

Operate, maintain, and repair the DSC Deep Creek Bridge and South Mills Bridge

3007 6 Months

OPTION DISMAL SWAMP WATER CONTROL

FFP

Operate, maintain, and repair all the DSC water control structures and reservations at the Deep Creek, South Mills, and Lake Drummond Facilities in accordance with

3008 6 Months

OPTION DISMAL SWAMP CANAL MAINTENANCE

FFP

Perform maintenance and repairs of the DSC Waterway, patrols, and all remaining DSC facilities complete as specified exclusive of Items 3004 to 3007 in accordance

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Statement of Work

Atlantic Intracoastal Waterway Statement of Work Dated 04/11/2016 is provided as an attachment, as listed in Section J of the solicitation.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

SECTION E

INSPECTION, ACCEPTANCE AND INVOICING CALCULATIONS

1. INSPECTION

1.1 Contractor Quality Control Program

The Contractor shall perform inspections of work performed as defined in the Contractor developed Quality Control Program. This program shall be structured so that at a minimum a representative sample of work performed is inspected and inspection frequency is increased if defects are identified.

1.2 Contractor Inspections

Upon completion of work, the Contractor shall inspect, test and document all services called for by the Contract. The COR, or other authorized personnel, will monitor the Contractor's execution of the inspection and supervision of all services called for by the contract. The COR, or other authorized personnel, may perform spot inspections of performance, as necessary. The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. Inspections shall be done on work over the limit of liability prior to invoicing. Contractor QC inspections shall be done no less than monthly with records provided to the COR on a monthly or more frequently if required by the COR.

When the Contractor is satisfied with compliance with the terms of this contract, the completed Work Request shall be indicated as such. The Contracting Officer’s Representative, or person assigned by the COR, will then conduct any desired inspections.

If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may:

Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements.

Reduce the invoice to reflect the reduced value of the services performed. Reductions will be based on actual area, unit, customer complaints and/or man-hours by non-performance.

1.3 Government Quality Assurance Program

Each item of the work rendered under the Contract is subject to Government inspection during any or all times of the Contractor's work and after completion of the tasks. The Contractor shall make his facilities available to Government personnel for surveillance activities, such as in- progress inspections and material inspections. The Government will evaluate the Contractor’s performance under this contract using a structured Quality Assurance Program.

All surveillance observations will be recorded by the Government. When an observation indicates defective performance, the COR will notify the Contractor of the defective measure and provide a copy of the report. The Government's QA program is not a substitute for Contractor's quality control. Repairs or reworks required shall be completed within 4 business days after notification unless parts or other circumstances require an extended period. If more than 4 days is required the Contractor shall provide the COR with a schedule of work within 2 days of notification. This schedule must be approved by the COR.

1.3.1 Inspection Methods

Both scheduled and unscheduled surveillance will be used to look at total or parts of the work. The Quality Assurance samples may or may not include samples evaluated as part of the Contractor’s QC program at the discretion of the Government. The methods of surveillance that may be used are listed below:

Random Sampling 100% Inspection Work Request Audit Unscheduled Inspection Customer Complaints

1.3.2 Inspection Checklist

The Government may notify the Contractor of Government inspection results using various checklists or may do so verbally. Verbal notifications of defective work will be confirmed in writing but are intended to allow the Contractor to make corrections immediately if desired. When Government inspectors are unable to contact Contractor to notify Contractor of inspection results, acceptance or rejection of work will be made on the basis of the initial inspection and will be confirmed in writing.

1.4 Performance Evaluation Meetings

Meetings are to provide coordination between the Contractor and COR, to evaluate how the Contractor is progressing on the Maintenance Contract, identify and discuss any work orders not completed during the allotted time and discuss needs of either party. Meetings will provide an opportunity for the Contractor and COR to identify how to better implement the Maintenance Contract. Meeting frequency will be at the discretion of the Contracting Officer and the

Contracting Officer’s Representative.

Concurrent with the meetings shall be a performance evaluation as specified herein. Written minutes of these meetings shall be prepared by the Contractor and signed by the Contract Manager, and the COR. Should the Contractor or the COR not concur with the minutes they shall so state any areas of nonconcurrence in writing within seven calendar days of receipt of the signed minutes.

2. ACCEPTANCE

The COR will evaluate findings of the Government Quality Assurance Program and determine the level of acceptance to both Preventive Maintenance and Demand Maintenance/Repair work included in each invoice.

2.1 Preventive Maintenance

2.1.1 Quality of Work

Acceptable work will be that which is fully completed, is done in accordance to the work initiated with performance to Contract and is completed to at least industry accepted standards. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

2.1.2 Timeliness of Work

The Government Quality Assurance Program will include the random evaluation of timeliness of preventive maintenance work order completion. Preventive maintenance work completed within 10 work days of the scheduled completion date will be considered acceptable.

2.2 Demand Maintenance and Repair

2.2.1 Quality of Work

Acceptable work will be that which is fully completed, is done in accordance to the work order or proposal agreed to by the COR and is done in conformance to Contract and acceptable industry standards, and task order if applicable. Government inspections will be made according to the surveillance method(s) included in the Government Quality Assurance Program. Defects are Contractor's failure to meet contract provisions, standards and specifications as described herein. Only defects outstanding at the time of invoicing will be considered in the percentage of defects found.

2.2.2 Timeliness of Work

The Government Quality Assurance Program will include the random evaluation of timeliness of completion of demand maintenance and repair projects. Completion will be considered acceptable when the project is completed in the allowed time frame. Since these projects will require individual approval and may be delayed because of funding or other measures, required time period for completion will not begin until Notice to Proceed is received by the Contractor from the COR. Delays outside the Contractor’s control, such as vender caused material delays, will be considered when evaluating the timeliness of each project.

2.3 Rejection

When Contractor's performance does not meet contract provisions or is not performed in accordance with the approved work plan or is not performed in accordance with the standard/specification or was not performed within the allowed time frame or is not completed in its entirety, it will be considered to be defective and will be rejected. The Contractor shall explain, in writing, why performance was unacceptable, how performance will be returned to acceptable levels, and how recurrence of the problem will be prevented in the future. The Contracting Officer will evaluate the Contractor's explanation and determine if full payment, partial payment, or the contract termination process is applicable.

The Contractor's payment for work rendered will be calculated as stated in paragraph titled Contractor Payment.

2.4 Re-performance of Defective Work

The work required by the contract may be subject to correction by re-performance, and the Contractor will be required or entitled to re-perform, or otherwise correct defective work for the purpose of avoiding a reduction in the full contract price.

2.4.1 Re-performance

At the sole discretion of the Government and upon notification to the Contractor, the Contractor will be required to re-perform or perform late any or all defective work disclosed by Government inspection including defective and incomplete performance. Where the Government so elects, the Contractor shall be notified promptly after inspection that specified defective work will be re-performed or performed late, and completed, from Contractor's receipt of inspection checklists, within the re-performance period specified by the Government. In such cases, the Government will re-inspect work designated for re-performance or late performance, and the Contractor may be held liable for any damages sustained by the Government including, for example, the costs associated with re-inspection. Contractor's re-performed work shall comply with the same requirements as the initial work.

Acceptance or rejection will be made on the basis of the final reinspection.

2.4.2 Re-inspection

When the Government required re-performance of defective work disclosed by inspection, the Contractor's original inspection results shall not be modified upon reinspection since the sample reflects only a portion of the work lot. Where re-inspection is required, a fee of $150 per re-inspection will be deducted from the monthly Contractor’spayment.

3. INVOICING AND PAYMENT

3.1 Operational Invoices

The initial invoice submitted by the Contractor shall include the following:

All costs associated with the appropriate operational contract line items..

3.2 Reserved

3.3 Contractor Payment

3.3.1 Acceptable Performance

When contract performance meets all the requirements and is equal to or less than the acceptable quality standards and schedule, the Contractor shall be paid the full contract price.

3.3.2 Unacceptable Performance

If performance does not meet the schedule and industry standards and performance is deemed unacceptable, the Government will not pay the full task value percent for that service. The payment for listed services which do not meet the schedule and/or industry standards may be calculated at a proportional rate.

4. RIGHTS AND REMEDIES

The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in the contract. Specifically, the Government reserves its rights under the inspection of Services, Termination, and Default clauses. The performance requirements in the SOW implement that part of the Inspection of Services clause which allows the Government the right to require Contractor re-performance, and/or reduce the payments made to the Contractor for work not performed acceptably. Any deductions pursuant to the performance requirements in the SOW shall reflect the reduced value of work performed under the contract. The Contractor shall not be relieved of full performance of the work hereunder and may be terminated for default based upon inadequate performance even if a deduction was previously taken for the unsatisfactory performance. Only one method will be used at a time to evaluate a listed task during an inspection period for payment computation purposes. The Government is not restricted to the inspection method.

The Government may change surveillance method(s), quality assurance procedures, and increase or decrease the degree of surveillance based upon contract modifications, lessons learned, technological changes, surveillance documentation and changes to the Contractor's quality control system.

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government…