solicitation.pdf

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PAGE(S)

until 01:15 PM local time 28 Aug 2009

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G F 48 - 53

54 - 61 X H 62

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 64

(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.

W912BU 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

KARYN D PRICE 215-656-6924

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING 5 - 6

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

7 - 18 19 - 21

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 22 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 24 - 35 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

36 - 45

PART II - CONTRACT CLAUSES

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

46 - 47

6. REQUISITION/PURCHASE NO.

W25PHS91608344

5. DATE ISSUED

29 Jul 2009

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912BU-09-R-0042

Section B - Supplies or Services and Prices

SPECIFICATIONS

to

DESIGN, CONSTRUCT,

TEST AND DELIVER

ONE CRANE

SOLICITATION No. W912BU-09-R-0042

DEPARTMENT OF THE ARMY

Corps of Engineers Marine Design Center

Philadelphia, PA

SOLICITATION NO. W912BU-09-R-0042

DOCUMENT NO. CRANE-B-055-01 JUNE 2009

B-1

Design, Construct, Test and Deliver one crane in accordance with the attached specifications:

ITEM UNIT TOTAL

NUMBER ITEM

QTY

UNIT PRICE PRICE

0001 CRANE 1 CRANE

0001A

ENGINEERING AND SCHEDULING (The submittals required for "Engineering and Scheduling" are explained in Contract clause H02. This item is initiated by a Notice To Proceed issued by the Contracting Officer after Contract Award.)

1 JOB $________

0001B CONSTRUCTION, TESTING, AND DELIVERY (The submittals required for "Construction, Testing, and Delivery" are explained in Contract clause H02. This item is initiated only by a Notice To Proceed issued by the Contracting Officer after satisfactory completion of Item 0001A. The Contractor may not start this item until he receives a Notice To Proceed for this item.)

0001C ASSEMBLY, TESTING AND FINAL ACCEPTANCE (The crane shall be assembled and tested. The submittals for "Assembly, Testing and Final Acceptance" are explained in Contract clause H02. This item is initiated only by a Notice To Proceed issued by the Contracting Officer after satisfactory completion of Item 0001B. The Contractor may not start this item until he receives a Notice To Proceed for this item.)

TOTAL FOR ITEM 0001 1 CRANE $________

DOCUMENT NO. CRANE-M-055-01 MAY2009

M-2

INSERT HERE THE ADDRESS OF THE FACILITY WHERE THE WORK WILL BE

PERFORMED:

The Government may reject an offer as non-responsive if it is materially and mathematically unbalanced as to price for any bid item or combination of bid items. A bid is unbalanced when it is based on prices significantly less than cost for some item and prices which are significantly overstated for other item.

Refer to Section M for Evaluation and Contract Award criteria.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

PROCUREMENT OF NEW CRANE

FFP

One (1) new floating crane for delivery to USACE, St. Paul District in accordance with the government specifications and drawings. The completed vessel will be a Floating Crane to be operated by the Corps of Engineers St. Paul District, Minnesota. The major lift requirement in the mission of this new crane is 150,000 lbs at a radius reach of 65 feet radius (from the center of rotation of the crane).

The crane shall be delivered with ABS certification as a "Shipboard Crane". The contractor shall offer its best delivery possible. Place of performance and the delivery location to be determined.

FOB: Destination

MILSTRIP: W25PHS91608344

PURCHASE REQUEST NUMBER: W25PHS91608344

NET AMT

M-3

Section D - Packaging and Marking

SECTION D - PACKING

PART I - THE SCHEDULE - SECTION D

PACKAGING AND MARKING

INDEX

CLAUSE PAGE

D01 PACKAGING

D02 MARKING

M-4

D01 PACKAGING

All spare parts, materials, and tool chests shall be packaged by the contractor in weatherproof containers.

Parts that require preservation shall be preserved with a preservative coating acceptable to the manufacturer and the COR. All threaded parts shall be coated or filled with preservative and protected with plastic pipe caps or plugs as appropriate.

Spare parts, materials, and tool chests shall be packaged in contractor furnished pallets or fixtures to raise them off the ground during storage, and to provide a lifting rig for moving them by crane, forklift, and truck.

D02 MARKING

All spare parts will be marked or labeled by the contractor, with the following information:

NAME OF PART & PART NUMBER

NAME OF EQUIPMENT OF WHICH ITEM IS A PART

MANUFACTURER

YEAR OF MANUFACTURE

OTHER IDENTIFYING INFORMATION

This information shall be engraved on a plastic tag or metal plate and securely attached to each spare part with the exception of consumables.

In addition, where individual spare parts are packaged in crates or other containers, the crate or container shall be labeled with a stencil, in paint of a contrasting color, on at least three sides.

The stenciled labels shall provide the same information as the part identification tag.

Where multiple spare parts are packaged in a crate or container, the requirement for stenciling the crate as stated in the previous paragraph shall apply, but, in addition, the crate shall contain an inventory card affixed to the inside cover of the container. The inventory card shall list each item in the container, including all information on the individual item tags.

CLAUSES INCORPORATED BY REFERENCE

52.211-8 Time of Delivery JUN 1997

M-5

Section E - Inspection and Acceptance

PART I - THE SCHEDULE - SECTION E

INSPECTION AND ACCEPTANCE

E01 INSPECTION

E02 NOT USED

E03 QUALITY CONTROL AND INSPECTION

E04 NOT USED

E05 TRIALS, TESTS AND DEMONSTRATIONS

A. TEST REPORTING

B. CRANE MANUFACTURING INSPECTIONS AND TESTS (LEVEL 1)

C. CRANE INSTALLATION AND ASSEMBLY INSPECTIONS AND TESTS (LEVEL 2)

D. CRANE DOCK TRIALS (LEVEL 3)

F. FINAL ACCEPTANCE DEMONSTRATIONS (LEVEL 4)

E06 FINAL INSPECTION

E07 PROVISIONAL ACCEPTANCE

E08 FINAL ACCEPTANCE

E09 COMMERCIAL WARRANTY OF SUPPLIES

E10 TRAINING

M-6

E01 INSPECTION

The contract will be managed by the Marine Design Center (MDC) of the U.S. Army Corps of Engineers (USACE) and is subject to inspections by its appointed representatives to insure strict compliance with the terms of the contract. No Government Representative, except the Contracting Officer, is authorized to change any provision of the Specifications, nor shall the presence or absence of an inspector relieve the contractor from any requirements of the contract.

After Contract Award, the services to be provided by the crane contractor shall be structured in three phases as follows:

Phase I - Engineering and Scheduling Phase II - Construction, Testing and Delivery Phase III - Assembly, Testing and Final Acceptance

The contract overall organization and the description of each Phase is outlined in Section H.

During all Phases of this Contract, including testing, the Contractor is authorized to use sub- Contractors performing under his direction and supervision; however, the Contractor shall assume full responsibility for their work.

The Contractor shall provide all labor, services, tools, materials, equipment, fuels, fluids, lubricants, and testing media, and perform tests on all equipment, machinery, and systems to verify that they are performing in accordance with Section C, “SPECIFICATIONS”

E02 NOT USED

E03 QUALITY CONTROL

During Phase I, within 30 days from Contract Award, the Contractor shall develop and submit to the Contracting Officer’s Representative (COR), a TEST AGENDA (or schedule), for the work required during Phase II of this Contract.

The TEST AGENDA shall be a complete, detailed schedule of all inspections and tests. The Agenda shall be arranged by day (i.e. day one, day two, etc.), not date, and shall list the specific inspections and tests, and the sequence in which these will be performed.

E04 NOT USED

M-7

E05 TRIALS, TESTS AND DEMONSTRATIONS

A. Test Reporting

The following 4 levels of inspection and testing shall be considered:

LEVEL 1. CRANE MANUFACTURING INSPECTIONS AND TESTS

LEVEL 2. CRANE INSTALLATION AND ASSEMBLY INSPECTIONS AND TESTS

LEVEL 3. CRANE DOCK TRIALS

LEVEL 4. FINAL ACCEPTANCE DEMONSTRATIONS

Level 1 shall be performed during Phase II at the crane Contractor Plant, and levels 2, 3 and 4 shall be performed during Phase III at the barge Contractor yard.

The Contractor shall rectify any deficiencies revealed during any level of testing. All re-testing shall be completed satisfactorily prior to the commencement of the next level of testing.

The successful completion of all tests, trials, demonstrations and remedied deficiencies, shall be determined by the COR.

For all Levels of testing 1 through 4, the crane Contractor shall prepare The INSPECTION AND TEST MEMORANDA for the inspections, tests and trials. The Test Memoranda shall be submitted to the COR for review and approval during Phase I.

The Contractor shall prepare the Test Memorandum (test procedure) for each test, typed on 8-1/2 inch by 11 inch sheets of paper, single sided, and assemble them in three ring binders, with dividers for each system and equipment, to constitute the Inspection and Test Memoranda, which will become the TEST REPORT after all inspections and tests have been performed. The TEST REPORT shall be the completed version of the Inspection and Test Memoranda, with the "blanks" filled in with the test data.

The TEST MEMORANDA / TEST REPORT shall be arranged by system and level of testing according to the same outline, LEVEL 1 through LEVEL 4.

Each test memorandum shall describe the test procedure, and data taken. The procedure shall be in accordance with the "start-up" procedure for the equipment, as delineated in the operating manual of the equipment manufacturer, and shall reference the Operator's Manual used to format the test procedure. Data recorded in time intervals shall be tabular so that data trends can be easily recognized.

Each Test Memorandum shall describe instrumentation and equipment required for each test, and shall include space for relevant nameplate data, ambient conditions, tested parameter values for each time interval, comparative pass/fail values, comments, Contractor Representative witness and Government and ABS Representative witness signatures and date.

For each test, the acceptance criteria must be explicitly spelled out in the Test Memorandum, and

M-8 concurrently, shall reference the applicable source standard.

The Contractor shall incorporate demonstrations of all controls, instruments, and alarms, into each test, and repeat them in the Final Acceptance Demonstrations, Level 4.

Within 3 days of the completion of any test in any level, a copy of the documentation of that test shall be provided to the COR for review.

The final version of the TEST REPORT, including the test data and the results of all levels of inspections and tests, shall be bound in three ring binders, and submitted in triplicate, within 30 calendar days following successful completion of the Level 4 Final Acceptance Demonstrations, and prior to Final Payment.

Final Payment will not be made until the TEST REPORT has been completely approved by the Contractor and by the COR, all ABS required tests have been performed satisfactorily, and ABS Certificate has been obtained.

B. Crane Manufacturing Inspections and Tests (LEVEL 1)

The Test Memoranda for LEVEL 1 testing is the CONTRACTOR QUALITY CONTROL AND

INSPECTION PROGRAM.

Vendor and Manufacturing Inspections and Tests shall be designed to insure proper construction, performance and/or installation of equipment, piping and electrical systems, tanks, and exterior and interior fabrication of the crane.

The COR must be notified at least 5 working days prior to the scheduled commencement of any Vendor Tests or Manufacturing Inspections and Tests, which shall be scheduled in sequence as per the TEST AGENDA.

C. Crane Installation and Assembly Inspections and Tests (LEVEL 2)

The barge Contractor will perform the crane installation and assembly at the barge yard.

The crane Contractor is required to submit to the COR, within 30 calendar days of Contract Award, (for inclusion in the barge Contract), the Level 2 Inspection and Test Memoranda, which shall establish the procedures to validate the installation and assembly of the crane, to be performed by the barge Contractor.

The Tests shall be of sufficient scope and duration to assure that all machinery and equipment is operable and all systems are complete. The intent of this testing is to provide both the crane Contractor and the COR, reasonable assurance that installation and assembly have been executed satisfactorily, and that the crane is ready for formal Dock Trials (Level 3).

M-9

The COR shall be notified, in writing, at least 5 working days prior to the scheduled commencement date of Level 2 tests.

For the level 2 tests, the Barge Contractor is responsible for providing labor, materials, fuel, test media, tools, equipment, etc., as indicated in the applicable Level 2 Inspection and Test Memoranda developed by the crane Contractor, and approved by the COR.

As a minimum, the following Level 2 Inspections and Tests must be performed:

Tank Tightness test:

Test the crane tanks for tightness. The tanks will be filled with air to 5 psi and left to stand in a filled condition for a period of 30 minutes. Tank boundaries will be inspected for leaks with a sprayed solution of dish liquid detergent and water.

This test is not required if already performed during LEVEL 1.

Crane Compartments Weathertightness:

Test the doors and windows, any exterior gaskets or seal and all hose or pipe penetrations into the crane using a water hose directed downward or horizontally (not upwardly). Water shall not be able to pass to the interior of the crane. Should any door prove defective, the crane Contractor shall replace the door with another one that will pass the test.

Fuel oil System:

Test the system with air to a pressure of 50 psi. Spray liquid dish detergent water solution on all system welds and joint connections and check for leaks.

Flush the fuel oil service lines with fuel oil for a period of 30 minutes, at a flow rate which will provide a Reynolds number of at least 4000 (turbulent flow) in the circuit being flushed. The engine will be bypassed during flushing with a crane Contractor furnished jumper line.

After flushing, the jumper line will be removed, strainer(s) will be cleaned, and filter element(s) replaced.

Hydraulic Piping:

Test the clean hydraulic piping at 1-1/2 times the system design pressure for a duration of no less than 10 minutes per test. Test for leaks in a manner similar to the fuel oil system.

Flush the hydraulic piping in a manner similar to the fuel oil piping.

Electric Cabling:

The electric cabling shall be tested, taking insulation resistance readings of all installed power

M-10 and lighting cable, using a 500 volt resistance meter, (in accordance with IEEE Standard 45, Section 46). The measured cable insulation resistance must meet or exceed the minimum values outlined in the referenced IEEE publication.

Principal Dimensions - Verification:

Verification that the crane does comply with the following principal characteristics:

CRANE HEIGHT - the height of the crane in the stowed configuration shall not exceed 35'-0" above the deck of the barge. Verify proposed crane height dimension.

CRANE CAB - the Cab is located on the right hand side of the boom, and the cab top is located __' above the deck of the barge.

CRANE TAILSWING - the tailswing of the crane shall not exceed a 25' radius measured from the center of rotation of the crane. Verify proposed crane tailswing dimension.

BOOM LENGTH - from the heel pins to the main hoist, the length is __ ft.

BOOM ALIGNMENT - verification of boom alignment __ Check.

RADIUS REACH - calibration of the radius reach indicator, and measurement of the minimum radius reach for the main hoist.

Crane Diesel Engine:

In the presence of an authorized diesel engine manufacturer representative, validate the installation and operation of the diesel engine as follows:

Demonstrate cold starting, stability of operation within the Specification limits, sudden loading and unloading, rated load operation, and emergency push button stopping. All engine controls, alarms, and instrumentation, will be demonstrated from the local panel in the machinery space, and also in the crane cab.

Conduct a 2 hour performance test of the diesel engine, and record the engine temperature at 15 minute intervals. Check expansion tank level before and after operation. The readings that will be recorded are the lube oil pressure and temperature, cooling water temperature and exhaust temperature.

Note:

The Contractor may opt to conduct this test at the engine manufacturer's plant as a Level I test.

Fuel Oil System Demonstration:

Demonstrate the crane fuel oil system for the diesel engine. The barge Contractor will be responsible for maintaining the fuel tank filled and for delivering the floating crane with the crane fuel oil tank full.

Heat Ventilation and Air Conditioning - HVAC:

M-11

Demonstrate the proper functioning of the heating and air conditioning system in the crane cab.

Electrical System:

In order to demonstrate the operation of the electrical system as an integrated system, use the generator installed on the crane to demonstrate the operation of the following:

All circuit breakers in the main switchboard, and all features of the switchboard such as the voltmeter, ammeter, frequency meter, generator power available indicating lights, ground ammeter, test switch, and governor control.

All alarms.

All electrical controls in the Cab.

All interior and exterior lights and lighting switches.

Emergency lights.

All convenience receptacles. For GFCI types, demonstrate their ability to reset.

Noise Survey:

The Noise Survey will require taking sufficient noise measurements in the Cab and on the main deck of the barge around the crane to determine noise levels.

The survey will be performed by a sub-Contractor especially qualified for this work by training or experience. The barge Contractor will identify the proposed sub-Contractor to obtain COR approval, and include the sub-Contractor's qualifications.

The Noise Survey will be performed in general agreement with the recommendations of the Department of Transportation, U.S. Coast Guard, "Navigation and Vessel Inspection Circular Number 12-82 where applicable.

The crane must be structurally, electrically and mechanically complete with all systems operational. The noise surveyor must be able to have the crane operate at full power. No activity which may interfere with the survey shall be conducted.

The noise level, with the crane operating at full power, shall be limited to 80 dbA on the main deck around the crane, at 50 ft radius around the crane, and inside the CAB shall not exceed 75 dbA. A wind screen shall be used on the microphone if air motion is noticeable.

A report will be prepared which will include the tabulation of the actual raw data taken in the noise survey, and the reduced data in the form of overall A-weighted sound pressure levels for each location.

D. Crane Dock Trials (LEVEL 3)

Crane Dock Trials shall be performed by the crane Contractor at the barge Contractor yard, with

M-12 the floating crane in the water.

Prior to the start of Dock Trials, all construction and installations must be complete (except for final cleaning and touch-up painting), and all Level 1 and Level 2 testing must be successfully completed and documented.

The Test Report must be current through level 2 testing, and approved by the COR, before Level 3 testing can proceed.

Commencement of Dock Trials shall not be sooner than 3 full working days after completion of Level 2 tests. The COR shall be notified in writing 5 working days in advance of the date set for Level 3 testing.

For LEVEL 3 TRIALS, the crane Contractor shall furnish all labor, materials, fuel, test media, oils, tools and test equipment, except as otherwise indicated in this part.

The barge will be moored in a quiet, sheltered area. The arrangement of the mooring lines and the depth of the water under the hull will not restrain flotation during load handling testing.

The Contractor shall demonstrate the proper installation and operation of all equipment and systems installed in the crane, and demonstrate controls, instrumentation and alarm operation as applicable.

All testing and trials shall be conducted in the presence of Government representative(s), ABS representative(s), and vendor representative(s) as required. The tests shall be conducted in accordance with the Agenda.

The success of all tests and trials, and the existence of any deficiencies shall be determined by the COR.

As a minimum, the following Crane Tests and Maneuvers must be performed:

Unloaded Operation Backwards Stability Maneuver Rigging Radius Maneuver Main Hoist Proof Load Test Booming Maneuver Swing Maneuver Crane List Strength Maneuver Auxiliary Hoist Proof Load Test

Unloaded Operation:

Demonstrate the operation of the crane raising the boom from the boom rest. Raise and lower the boom, and verify the full limits of luffing travel with no load on the hook.

M-13

Rotate the crane and hoist and lower the load blocks.

Verify that the crane operates on its own power, and the slewing, booming and hoisting drives operate independently. Verify that the crane is capable to slew, boom and hoist at the same time.

Demonstrate all safety devices (i.e. anti two-block and upper and lower boom kick-out).

Verify that the slewing speed is 2 revolutions per minute.

Verify sufficient HOIST SPOOLING to 50 feet below the barge deck with the boom point at the highest elevation for both the main hoist and the auxiliary hoist.

Five (5) wraps of wire rope shall remain in the drums.

Backward Stability Maneuver:

Demonstrate maximum barge inclination with no load on the hook.

The boom shall be raised to the stops associated with the minimum operating radius.

The crane shall be rotated 90-degrees off centerline to PORT and to STBD.

Steady the system in each position, to permit the barge Contractor to measure and record the barge freeboards at 90 and 270 degrees boom azimuth.

Rigging Radius Maneuver:

This is the verification of proper calibration of the radius indicator, which shall be conducted with the boom on centerline forward, and the barge on an even keel (no trim, no list).

The crane operator shall boom out or in, until the radius indicator in the cab reads the correct radius marked on deck, (main load block freely suspended near the deck).

The radius indicator shall be adjusted to the mark on the deck if required.

Main Hoist Proof Load Test:

Verify that the main hoist has a standard swivel hook rated ___sTons working load.

The main hoist proof load test shall be a fair weather demonstration of adequate crane strength.

Once the level platform rigging radius has been set prior to lifting, the geometry of the crane upper rotating works (on centerline over the stern), and boom, shall remain unchanged.

Test the crane main hoist to a proof load 10% in excess of the SWL (Safe Working Load) at 65' radius reach.

Verify the main hoist speed with the load suspended is __ feet per minute.

Demonstrate power down capability.

Raise and lower the test load, and smoothly stop and start hoist movement at least two times to demonstrate satisfactory operation of the hoisting system.

Booming Maneuver:

With the proof load on centerline over the stern, the operator shall boom in to the maximum permissible boom angle, (minimum radius).

During this maneuver, the operator shall smoothly stop and hold the load at least two times.

Swing Maneuver:

M-14

To demonstrate the ability of the swing drive to work against a maximum of 5 degrees crane list, uphill and downhill.

The maneuver shall be accomplished by swinging the test load, from centerline over the crane end towards either side, until causing barge heel and a maximum 5 degree list on the crane.

Approaching the 5 degree list position, the crane shall be capable to slow down and stop, hold the position, and return to centerline rotating uphill. Repeat the test to the other side.

Crane List Strength Maneuver:

To demonstrate the capability of the boom to endure side loading at a maximum 5 degree crane list. This maneuver can be combined with the SWING MANEUVER, to create the 5 degree list on the crane.

Auxiliary Hoist Proof Load Test:

Verify that the auxiliary hoist has a standard swivel hook with __sTons working load capacity.

Test the crane auxiliary hoist to a proof load 25% in excess of the SWL at all radiuses.

Verify the auxiliary hoist speed with the load suspended is __ feet per minute.

Demonstrate power down capability.

Raise and lower the test load, and smoothly stop and start hoist movement at least two times to demonstrate satisfactory operation of the hoisting system.

NOTE: ALL CRANE TEST LOADS SHALL BE CALIBRATED TO THE SATISFACTION

OF THE CRANE CONTRACTOR AND THE GOVERNMENT REPRESENTATIVE, AND

WILL BE PROVIDED, AND PLACED WITHIN REACH OF THE CRANE BY THE BARGE

CONTRACTOR.

F. Final Acceptance Demonstrations (LEVEL 4)

Final Acceptance Trials are operability tests the Contractor must perform for the USACE crane operators. The intent of Level 4 testing is to demonstrate the capabilities and features of the crane to the operators, and to verify that the delivered product is in peak operating condition.

The Contractor shall operate all equipment and systems on the crane, to demonstrate their features, characteristics, and capabilities. The duration and complexity of each procedure shall be sufficient to fully demonstrate the operating condition of the crane to the operators.

E06 FINAL INSPECTION

When all work and testing has been satisfactorily completed, the Contractor and the Government Representative(s), shall make a complete physical inspection and inventory of the crane, against all Contract requirements.

M-15

A "punch list" of deficiencies (if any), will be developed and presented to the Contractor for corrective action.

All corrective action necessary to eliminate the "punch list" shall be completed by the Contractor. The Contractor shall give the COR, 3 working days notice prior to the desired date of re-inspection.

Prior to any re-inspection, the crane and all its equipment shall be thoroughly cleaned and all painting and finishes put in first class condition, as specified by Section C405 of this Solicitation.

E07 PROVISIONAL ACCEPTANCE

Following satisfactory completion of all tests and trials, correction of all "punch list" deficiencies, and receipt of all Contract deliverables, the crane will be Provisionally Accepted.

Delivery of the Floating Crane may not be started until Provisional Acceptance of the crane has been made, therefore, the crane Contractor shall be responsible for all costs that HIS DELAY may cause.

E08 FINAL ACCEPTANCE

Final Acceptance will be made upon delivery of the Crane "Ready for Service".

"Ready for Service" is defined as clean inside and out; all trash, dunnage, lashings, and delivery related material disposed of; loose items of outfit in place; all electrical and mechanical systems operational; equipment properly adjusted; instruments and electronics calibrated or aligned, tanks filled, and paint damaged during transportation touched up.

E09 COMMERCIAL WARRANTY OF SUPPLIES

The Contractor shall assign, in writing, all commercial warranties for equipment provided under this Contract to the Government.

THE EFFECTIVE DATE OF ALL COMMERCIAL WARRANTIES SHALL BE THE DATE

OF FINAL ACCEPTANCE.

E10 TRAINING

The Contractor shall provide crane operation training to 4 USACE crane operators for a period of five days (40 hours). The training shall be administered in the Milwaukee, Wisconsin area.

M-16

E11 CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

(End of clause)

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Section F - Deliveries or Performance

SECTION F - DELIVERY

PART I - THE SCHEDULE - SECTION F

DELIVERY OR PERFORMANCE

F01 NOT USED

F02 PLACE OF DELIVERY

F03 NOT USED

F04 LIQUIDATED DAMAGES

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F01 NOT USED

F02 PLACE OF DELIVERY

The contractor shall deliver the crane packaged and loaded on a truck (ready for overland shipment) at the contractor’s facility where the crane is constructed in the continental United States, or at the contractor’s location of choice in the continental United States.

F03 NOT USED

F04 LIQUIDATED DAMAGES

If the contractor fails to deliver the supplies or perform the services within the time specified in this contract or any extension, the contractor shall, in place of actual damages, pay to the Government as fixed, agreed and liquidated damages, for each calendar day of delay the sum of:

For Line Item 0001A: .................................................................... $1,000.00 For Line Item 0001B: .................................................................... $1,500.00

Except that a maximum assessment will be made corresponding to a delay of:

For Line Item 0001A: .................................................... 60 Calendar Days For Line Item 0001B: .................................................... 120 Calendar Days

Alternatively, if delivery or performance is so delayed, the Government may terminate this Contract in whole or in part under the Termination for Default clause in this contract, and in that event the contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

The contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the contractor as defined in the Termination for Default clause of this contract.

(End of clause FAR 52.211-11)

52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

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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 of ($1,000 for CLIN 0001A and $1,500 for CLIN 0001B, SEE SECTION F04) per calendar day of delay.

(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 of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

M-20

Section G - Contract Administration Data

PART I - THE SCHEDULE - SECTION G

CONTRACT ADMINISTRATION DATA

G01 ACCOUNTING AND APPROPRIATION DATA

G02 CONTRACT MANAGEMENT

G03 PAYMENT OFFICE

G04 CONTRACT ADMINISTRATION

M-21

G01 ACCOUNTING AND APPROPRIATION DATA

WORK ITEM CODE 4093KC

G02 CONTRACT MANAGEMENT

Marine Design Center U.S. Army Corps of Engineers Wanamaker Building 100 Penn Square East Room 630 South Philadelphia, Pennsylvania 19107-3391

NOTE: The Marine Design Center is the "Designated Billing Office" as defined by Part II - Contract Clauses - Section I, "Prompt Payments"

G03 PAYMENT OFFICE

U.S. Army Corps of Engineers 5720 Integrity Drive Millington, TN 38054-5005

G04 CONTRACT ADMINISTRATION

Commander and District Engineer U.S. Army Corps of Engineers District, Philadelphia

ATTN: CENAP-CT-C

Wanamaker Building 100 Penn Square East Room 643 Philadelphia, Pennsylvania 19107-3390

M-22

Section H - Special Contract Requirements

PART I - THE SCHEDULE - SECTION H

SPECIAL CIONTRACT REQUIREMENTS

H01 CONTRACT ORGANIZATION

H02 CONTRACTOR SUBMITTALS

H03 NOT USED

H04 NOT USED

H05 REVIEW OF CONTRACTOR SUBMITTALS

H06 CONSTRUCTION PLAN

H07 NOT USED

H08 NOT USED

H09 NOT USED

H10 NOT USED

H11 SUBMITTAL SCHEDULE

H12 NOT USED

H13 NOT USED

H14 "AS BUILT" DRAWINGS

H15 NOT USED

H16 DRAWINGS AND MANUALS

H17 OPERATOR'S MANUAL

H18 RECORD PHOTOGRAPHS AND VIDEO

H19 NOT USED

H20 GOVERNMENT PROPERTY

H21 NOT USED

M-23

H01 CONTRACT ORGANIZATION

The US Army Corps of Engineers, Marine Design Center (MDC), is issuing this Request For Proposals (RFP), to contract for all services related to the procurement and acquisition of a new crane to be installed on a barge.

Following the award of this Contract, the services to be provided by the crane Contractor shall be structured and will be managed in three Phases as follows:

Phase I Engineering and Scheduling Phase II Construction, Testing, and Delivery (of the crane) Phase III Assembly, Testing and Final Acceptance (of the crane)

A. PHASE I - Engineering and Scheduling

Engineering and Scheduling is line item 0001A of the Contract and commences only after receipt by the Contractor of a Notice to Proceed with Contract line item 0001A, Engineering and Scheduling.

During Phase I - Engineering and Scheduling, the Contractor shall provide engineering services and submit to MDC (Corps of Engineers Marine Design Center) to obtain Contracting Officer’s Representative (COR) approval, all calculations, reports and drawings required in Section C, to demonstrate that the crane design meets or exceeds the requirements of the Specification.

The Contractor is not authorized to begin physical construction until this Phase of the Contract is completed, and the Engineering and Scheduling documents are approved by the COR, at which time Notice to Proceed will be issued for Phase II.

During Phase I, the Contractor is permitted to procure material and equipment items which have long lead times only after the system that incorporates the items has been reviewed and approved by the COR.

B. PHASE II - Construction, Testing and Delivery

Construction, Testing, and Delivery is line item 0001B of the Contract and will commence only after completion of Phase I, when the Contractor receives Notice to Proceed with line item 0001B, CONSTRUCTION, TESTING, AND DELIVERY. During this second Phase of the Contract, the crane will be constructed, fabrication tests will be performed, and crane delivery at the crane manufacturer's plant will be completed.

Packaging, loading and delivery at the Contractor's manufacturing plant will be the final task during Phase II; refer to Section F, Clause F02. The contractor shall deliver the crane packaged and loaded on a truck (ready for overland shipment) at the contractor’s facility where the crane is

M-24 constructed in the continental United States, or at the contractor’s location of choice in the continental United States.

Partial deliverables of crane components, giving priority to the crane pedestal mount on the barge, can be scheduled to sequentially allow for installation of the crane on the barge.

The crane shall be suitably packaged to protect it from damage due to normal handling and transportation actions. The final stage of Phase II will be the loading of the packaged crane, by the crane Contractor, onto a suitable number of trucks provided by the Government.

The costs associated with packaging, loading, and securing the crane on the trucks, are the responsibility of the crane Contractor. This includes the cost of holding the trucks at the crane Contractor’s facility for the duration of the loading process.

Transportation of the packaged crane to the barge Contractor’s facility will be the responsibility of the Government. The crane Contractor shall ensure that the crane, as loaded on the trucks, complies with all applicable Federal, State, and Local regulations regarding overland transportation in the United States.

C. PHASE III - Assembly, Testing and Final Acceptance

Assembly, Testing and Final Acceptance is line item 0001C of the Contract and will commence only after completion of Phase II, when the Contractor receives the Notice to Proceed with line item 0001C, ASSEMBLY, TESTING AND FINAL ACCEPTANCE. During this third Phase of the Contract, the crane will be assembled on the barge at the barge Contractor’s facility, and crane tests will be performed.

During Phase III the contractor will perform at the barge manufacturing yard, and the crane contractor shall be concerned with the assembly of the crane on the barge, the testing of the crane, and final delivery of the crane.

The operation to install and assemble the crane on the barge will be carried out by the barge contractor, however, the crane manufacturer shall provide complete written "Crane Assembly Instructions and Plans".

During the crane installation and assembly, the crane contractor shall have at least one representative on site at the barge construction yard, to provide survey support, to ensure that the installation and assembly is executed properly and according to approved procedures. The procedures will be developed and executed by the barge contractor, based on the crane contractor Crane Assembly Instructions and Plans.

ABS approval of the installation and assembly of the crane on the barge is the responsibility of the barge Contractor.

After the crane is assembled on the barge, and during the barge test period, the crane Contractor shall provide services to demonstrate proper operation of the crane, and carry out the testing of

M-25 the crane to meet or exceed the test requirements of Section E of this Solicitation.

The barge Contractor shall engage the services of ABS to witness the crane Tests, however, the crane Contractor is responsible for ABS approval of the tests.

The Contractor is authorized to use sub-Contractors performing under his direction and supervision, however, the Contractor shall assume full responsibility for the work of any sub- Contractor as if the work was his own.

D. PHASE SEQUENCING

It is intended that the three Phases of this Contract shall be performed sequentially.

The time allotted for each Phase however, spans an interactive process involving both the Contractor and the Government. This process includes preparation, review and approval of the Phase submittals, Contract administration, mailing and preparation and issue of the Notices To Proceed.

In order for the Contractor to plan the work and for the Government to properly apply Liquidated Damages and Termination Clauses, a graphic form identifying the sequence milestones and the performance period allotted to each milestone has been developed and is shown on a following page.

The graphic shows the three basic Phases of the Contract. Each Contract Phase is further subdivided into the milestones that must be completed within each Phase and the amount of time allowed to accomplish each phase.

The milestones and periods of performance identified in the graphic are Contract requirements.

The Contractor is required to fill in the form consistently with his proposed schedule.

The Contractor must be aware that the quality, completeness and detail of the submittals have a direct bearing on the approval process. Extended review iterations will extend the time necessary to receive approval of the submittals and will subject the Contractor to assessment of Liquidated Damages or Termination for Default.

Refer to Clause H05 for information concerning the submittal review process.

M-26

Contract Award - Receipt by Contractor of NTP Phase I (Engineering & Scheduling)

CD

Receipt @ MDC of initial submittal of all Phase I deliverables

Receipt by Contractor of MDC review comments

Receipt @ MDC of final revised Phase I deliverables (if necessary)

15 CD Receipt by Contractor of NTP Phase II (Construction, Testing & Delivery)

Completion of Crane construction.

Completion of Crane tests

Completion of preparation for delivery (crane loaded on trucks)

15 CD Receipt by Contractor of NTP Phase III (Assembly, Testing & Final Acceptance)

C O N T R A C T P H A S E S E Q U E N C I N G

Phase III

Calendar Days

Phase II

Construction Testing Delivery

Calendar Days

Phase I

Engineering and Scheduling

Calendar Days

DUTY-CYCLE CONSTRUCTION CRANE

Assembly on the barge and Final Acceptance (All Testing completed)

M-27

H02 CONTRACTOR SUBMITTALS

A. Engineering and Scheduling Phase I Submittals

The following is a summary of items that the Contractor must submit after a Notice To Proceed with the Engineering and Scheduling Phase of the Contract is issued. All items must be received, reviewed and approved by the COR before a Notice To Proceed with Phase II of the Contract will be issued. The following items are required:

SUBMITTAL ITEM Contract Section/Clause Reference

Crane Calculations, Reports and Drawings Required in Section C Test Agenda E03 Inspection and Test Memoranda E05 Construction Plan H06 Submittal Schedule (10 Calendar Days after Phase I NTP) H11

B. Construction, Testing and Delivery @ Origin Phase II Submittals

The following is a summary of items that the Contractor must submit after a Notice To Proceed with the Construction, Testing and Delivery @ Origin Phase of the Contract is issued. All items must be received, reviewed and approved by the COR before Provisional Acceptance (Clause E07) will be made. The following items are required:

Commercial Warranties E09 As-Built Drawings (One set for COR review) H14 Drawings and Manuals (One set for COR review) H16 Operator's Manual (One set for COR review) H17

C. Assembly, Testing and Final Acceptance PHASE III Submittals

ABS Certificates C004 Paint Manufacturer Certificate C405 Test Report E05 As-Built Drawings H14 Drawings and Manuals H16 Operator's Manual H17 Record Photographs and video H18

M-28

H03 NOT USED

H04 NOT USED

H05 REVIEW OF CONTRACTOR SUBMITTALS

All drawings and documents required by Section C shall be forwarded to the Marine Design Center for review, comment and approval. Submittals from the Contractor must be clear as to what the submittal represents and the action the Contractor requires performed.

Three copies of each drawing/document shall be furnished. The MDC will review the drawings, data and other material submitted by the Contractor in the various Contract Phases. One copy will be returned to the Contractor showing the Government review action.

It shall be the responsibility of the Contractor to schedule submission of the listed drawings/documents to allow for review by MDC, without adversely affecting the construction schedule or submittals to ABS (see Clause H02).

The Government's review is intended to be limited to the functional aspects of the submittals with limited technical review of general cursory nature only.

Where review, approval, classification or certification by ABS or other regulatory agency is a provision of the Contract, Government review of Contractor submittals is not intended to address the requirements of those agencies. It is implicit that Government approval of submittals will be contingent upon satisfactory fulfillment of those requirements.

Submittals found to be completely acceptable to the Contracting Officer's Representative without comment will be marked "Accepted".

Submittals found to be generally acceptable to the Contracting Officer's Representative with qualifying comments will be marked "Accepted With Comments" but may or may not require resubmission depending on the COR's assessment of the criticality of the comments.

"Accepted With Comments" submittals being resubmitted will be reviewed only to ensure that the previous comments have been adequately incorporated. Resubmission requirements will be clearly marked on the return.

Submittals unacceptable to the Contracting Officer's Representative will be marked "Not Accepted". Submittals not accepted will always require full and complete resubmittal. Such resubmittal will result in a full and thorough review as though it was a first submittal.

The Contractor shall insure that all review comments are incorporated in corrected submittal documents or are rebutted in separate correspondence. The Contractor is encouraged to

M-29 completely discuss all review comments with the MDC author in order to ensure complete and effective communication.

The Contractor will not use the drawing review or submittal process for Contract deviations.

Changes in equipment, materials, construction techniques or details must be the subject of separate, specific correspondence. Any such request made by the Contractor must be specific and clear as to what is Contractually required, the proposed change, location and/or extent, benefits resulting from the change, and effect on Contract cost and delivery.

H06 CONSTRUCTION PLAN

After receipt of the Notice To Proceed with ENGINEERING AND SCHEDULING, the Contractor shall develop and submit to the Contracting Officer's Representative the Contractor's proposed plan for the construction of the crane.

The plan shall be prepared on USACE standard ENG Form 2454 (Construction Progress Chart) furnished by the Government. The plan will be a summary level view of the Contract. The plan will show the Contractor's proposed starting date, duration in weeks, ending date, and percentage completion (both as planned and as achieved) for all of the major activities of the Contract.

The plan shall also show the amount of the total bid price (percent and actual dollars) associated with each activity. The plan will also have the progress "S" curve plotted (both as planned and as achieved). The activities shown on the chart shall be developed by the Contractor and shall include all major milestones.

After review and approval by the COR; the plan shall be updated monthly and submitted with the Progress Payment Request.

H07 NOT USED

H08 NOT USED

H09 NOT USED

H10 NOT USED

H11 SUBMITTAL SCHEDULE

Ten calendar days after receipt of Notice To Proceed with ENGINEERING AND

M-30

SCHEDULING, the Contractor shall submit a schedule for all Contractor submittals required by the Contract (Refer to Section C and Section H, Clause H02).

The schedule shall be in "spread sheet"…