W912BU18B0012_0002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1. Update Section B and Clauses

2. Replace in its entirety sections: F and H

All other terms and conditions remains the same.

1. CONTRACT ID CODE PAGE OF PAGES

1 24

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 31-Aug-2018

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912BU18B0012

X 9B. DATED (SEE ITEM 11)

01-Aug-2018

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

31-Aug-2018

CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

CONTRACTING DIVISION

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

W912BU 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912BU18B0012

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by full text:

AMENDMENT 0002

The purpose of this amendment is to:

1. Update Section B and Clauses

2. Replace in its entirety sections: F and H

SECTION B PRICE SCHEDULE

Design, construct, and test two Deck Material Barges for the Corps of Engineers, St. Paul District for use in support of its maintenance mission on the inland river navigation system, in accordance with the attached specifications.

ITEM UNIT TOTAL

NUMBER ITEM QTY. UNIT PRICE PRICE

0001 Deck Material Barges 1 Deck Material Barges

0001AA PLANNING , SCHEDULING AND ENGINEERING Two Deck Material Barges (The submittals required for Planning and Scheduling are listed in contract Clause H02.). This item is initiated only by a Notice To Proceed issued by the Contracting Officer.

1 JOB XXXX $ _________

0001AB CONSTRUCT, TEST, AND DELIVER Two Deck Material Barges (The submittals for “Construct, Test, and Deliver” are listed in contract Clause H02.). This item is initiated only by a Notice To Proceed issued by the Contracting Officer. The Contractor may not start this item until he receives a Notice To Proceed for this item.

1 JOB XXXX $_________

TOTAL FOR DECK MATERIAL BARGEs 1 JOB XXXX $_________

INSERT LOCATION 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 offered item or combination of offered items. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices, which are significantly overstated for other work.

SECTION F

Section F - Deliveries or Performance

F01 CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY REFERENCE

52.211-8 Time of Delivery JUN 1997 52.211-11 Liquidated Damages -- Supplies, Services, or

Research and Development

SEP 2000

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

F02 PERFORMANCE

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires completion of all work and delivery to be made in accordance to the following schedule:

REQUIRED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM DATE OF NOTICE

NUMBER DESCRIPTION QUANTITY TO PROCEED

0001AA PLANNING, 1 job 90 calendar days

SCHEDULING, ENGINEERING

0001AB CONSTRUCT, TEST, 1 job 365 calendar days

AND DELIVER

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered non-responsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM DATE OF NOTICE

NUMBER DESCRIPTION QUANTITY TO PROCEED

0001AA PLANNING 1 job _____ calendar days

SCHEDULING, ENGINEERING

0001AB CONSTRUCT, TEST, 1 job _____ calendar days

AND DELIVER

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than one day after the award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of Notice To Proceed rather than the date the written notice is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding five days for delivery of the award through the ordinary mails. If, as so computed, the offered delivery date is later than the required date, the offer will be considered non-responsive and rejected.

(End of Clause)

F03 PLACE OF DELIVERY

For CLIN0001:

The Contractor shall deliver the vessel afloat and ready for service at the following location:

U.S. Army Corps of Engineers U.S. Army Engineer District, ST. PAUL

431 North Shore Drive Fountain City, WI 54629

F04 LIQUIDATED DAMAGES

FAR 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES OR

RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) 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 0001AA ....................................................................... $200.00 For Line Item 0001AB ....................................................................... $1,300.00

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Termination for Default - Fixed Price, Supply and Services 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.

(c) 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 - Fixed Price, Supply and Services clause of this contract.

(End of Clause FAR 52.211-11)

SECTION H

Section H – Special Contract Requirements

H01 CONTRACT ORGANIZATION

A. PLANNING, SCHEDULING & ENGINEERING

For CLIN 0001AA

Planning, Scheduling & Engineering is CLIN 0001AA of the contract and commences only after receipt by the contractor of a Notice of Contract Award (Award) and a Notice To Proceed (NTP) with line item CLIN 0001AA, “PLANNING, SCHEDULING AND ENGINEERING,” respectively. In this first phase of the contract, the contractor is required to present planning information that demonstrates a logical, orderly and workable approach to the contract, perform other engineering as required by ABS, and develop the contract schedule.

The schedule for CLIN 0001AA and CLIN 0001AB shown below in paragraph C, presumes completion of Phase I prior to the issuance of a Notice To Proceed (NTP) for Phase II, “CONSTRUCT, TEST AND DELIVER”.

Failure of the contractor to perform CLIN 0001AA in the allotted time will result in the application by the Government of Liquidated Damages. See Section F, contract Clause F02.

B. CONSTRUCT, TEST AND DELIVER

For CLIN 0001AB

Construct, Test, and Deliver is CLIN 0001AB of the contract and will commence only after receipt by the contractor of Notice to Proceed with CLIN 0001AB. It is intended, but not required, that NTP will be issued only after completion of the Planning, Scheduling and Engineering phase (CLIN 0001AA). During this second phase of the contract, the Construction Progress Chart shall be updated and maintained, the vessel constructed and tests performed. Delivery will commence only after completion of construction and testing, and receipt by the contractor of a letter of PROVISIONAL ACCEPTANCE. This phase of the contract is completed with receipt by the contractor of a letter of FINAL ACCEPTANCE and submittal of all final documents.

Failure of the contractor to perform in the allotted time will result in the application by the Government of Liquidated Damages. See Section F, contract Clause F02.

C. PHASE SEQUENCING

It is intended that the two phases will be performed sequentially.

The time allotted for each phase 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, preparation and issuance of 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 identifying the sequence milestones and the performance period allotted to each milestone has been developed and is shown on a following page.

As stated above in Part B of this Clause, it is intended, but not required, that NTP (for CLIN 0001AB) will be issued only after completion of the Planning, Scheduling and Engineering phase (CLIN 0001AA). If at the conclusion of the CLIN 0001AA period of performance the Contractor has not completed all requirements and submittals, the KO reserves the right to issue NTP for CLIN 0001AB to maintain the project schedule. CLIN 0001AA will remain incomplete until all contract requirements and submittals are satisfied.

The graphic shows the two basic contract phases. 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. Note that the total time allowed for each phase of the contract matches the “REQUIRED DELIVERY SCHEDULE” in Clause F02. The graphic will be updated to reflect the successful offeror’s proposed schedule if it is shorter than the required schedule.

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

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 required to receive approval of the submittals and will subject the contractor to assessment of Liquidated Damages or Termination for Default.

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

CLIN 0001AA & CLIN 0001AB

RECEIPT BY CONTRACTOR OF NTP PHASE I (PLANNING

AND SCHEDULING)

P ha se I

C al en da r D ay s al en da r D ay s

RECEIPT @ MDC OF INITIAL SUBMITTAL OF ALL PHASE I

DELIVERABLES

C O

N T

R A

C T

P H

A S

E S

E Q

U E

N C

IN

G

D

RECEIPT BY CONTRACTOR OF NTP PHASE II (CONSTRUCT,

TEST AND DELIVER)

P ha se I

I

C al en da r

D ay s

C al en da r D ay s

CONSTRUCT, TEST AND DELIVER

Final Acceptance

H02 CONTRACTOR SUBMITTALS

A. PLANNING, SCHEDULING & ENGINEERING PHASE SUBMITTALS

The following is a summary of the items that the contractor must submit during the Planning, Scheduling and Engineering Phase of this contract. All items must be received, reviewed and approved by the COR before a Notice To Proceed (NTP) will be issued for the Construction, Test, and Deliver phase of the contract. The following items are required to be submitted during this phase:

For CLIN 0001

SUBMITTAL ITEM CONTRACT CLAUSE

REFERENCE

Construction Plan ..................................................................................... H06 Contractor’s Safety Plan .......................................................................... H07 Procurement Plan ..................................................................................... H08 Subcontracting Plan ................................................................................. H09 Engineering Qualifications ...................................................................... H09 Material & Equipment Schedule .............................................................. H10 Submittal Schedule .................................................................................. H11 Engineering & Drawings ......................................................................... H12 Quality Control & Inspection Plan .......................................................... E03 Authorized Contractor Representative List ............................................. E03 Test Agenda & Test Memoranda ............................................................. E05 Paint Schedule ....................................................................................... C406.G

B. CONSTRUCT, TEST & DELIVER SUBMITTALS

The following is a summary of the items that the contractor must submit after a Notice To Proceed (NTP) with the “CONSTRUCT, TEST AND DELIVER” phase of the contract is issued.

All items must be received and approved by the COR before Final Payment will be made. The following items are required to be submitted during this phase:

For CLIN 0001

SUBMITTAL ITEM CONTRACT CLAUSE

REFERENCE

Lightweight Survey ................................................................................. C115 Test Schedule ........................................................................................... E05 Test Report ............................................................................................... E05 Commercial Warranties ........................................................................... E09 Purchase Orders\Specifications ............................................................... H10

As-Built & ABS Drawings ...................................................................... H14 Manufacturer or Subcontractor Drawings & Manuals ............................. H16 Final Photographs .................................................................................... H18 Paint Certification ................................................................................. C406.K ABS Certificates ..................................................................................... C004

H03 DESIGN REQUIREMENTS

The contractor shall provide the necessary engineering changes to update the existing drawings for each barge in order to meet the requirements to obtain ABS classification as outlined in the respective C004 clauses for each line item. The drawings shall be updated to reflect the changes to the barge as outlined in the respective C006 clauses for each line item.

The contractor shall prepare drawings for submittal for regulatory approval, COR submittal, “as-built” drawings, and other technical details required to support his administration, operation, and production practices.

During the development drawings, the Contractor may discover circumstances that dictate a need to change some of the equipment or materials specifically required by the contract.

Examples of this situation might be that the item is no longer available, or the lead time is too great to meet the vessel delivery. Such circumstances shall be immediately identified to the COR by letter for resolution, along with a proposed solution. Adjustments to the contract required as a result of such circumstances, will be made under the “CHANGES” Clause.

H04 NOT USED

H05 REVIEW OF CONTRACTOR SUBMITTALS

The Marine Design Center (MDC) will review the drawings, data and other material submitted by the contractor in the various contract phases for the vessel.

Submittals from the contractor must be clear as to what the submittal represents and the action the contractor requests the Government perform.

The Government’s review is intended to be limited to the functional aspects of the submittals to ensure compliance with the contract specifications and will include technical review to ensure that sound naval architecture and marine engineering practices are followed. This does not relieve the contractor from any engineering, design, or quality assurance responsibility.

The contractor shall comply with the requirements of the design embodied in the contract.

Where review, approval, classification or certification by ABS is a provision of the contract, Government review of contractor submittals may not address the requirements of those agencies.

It is implicit that Government acceptance 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 re-submittal. Such re-submittal will result in a full and complete review as though it was a first submittal.

Submittals furnished for information only or for which the contractor has not indicated the required review action will be marked “EXAMINED.”

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 completely discuss all submittal comments with the MDC author in order to insure 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.

Submittals for review by the Government will be return mailed in accordance with the Contract Phase Sequencing graphic presented in Clause H01. Contractors shall plan their submittal schedules so as not to affect contract performance.

H06 CONSTRUCTION PLAN

After receipt of the Notice To Proceed with CLIN 0001AA, the contractor shall develop and submit to the Contracting Officer’s Representative the contractor’s proposed plan for the construction of the barge(s).

The plan shall be prepared on a form similar to the USACE standard ENG Form 2454 (Construction Progress Chart). The ENG Form 2454 represents a simple bar chart in Government form. A copy of a similar form is included in Section J. At the contractor’s request, the Government will furnish a copy of ENG Form 2454 to him.

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, as a minimum, the following for the respective line items:

For CLIN 0001:

Planning & Support Bonding (if applicable) Scheduling Engineering for ABS Certification ABS Fees (Inspection, Surveys, Testing, Vessel & Material Certificates) Hull-Prefab - Labor & Material Hull-Erection & Welding - Labor & Material Deck Fittings, Manholes – Labor & Material Paint & Abrasives - Labor & Material Launch & Builder’s Tests – Labor & Material Dock Trials – Labor & Material Delivery Overhead & Profit

In addition, the following milestone events, as a minimum, shall be marked on the chart time-line for each CLIN:

Award of Contract Notice to Proceed with Planning, Scheduling and Engineering Notice to Proceed with Construct, Test and Deliver Tests and Trials Provisional Acceptance Final Acceptance Delivery

After initial submittal and acceptance by the COR, the plan shall be updated and submitted monthly with the Progress Payment Request.

H07 CONTRACTOR SAFETY PLAN

After Notice To Proceed with CLIN 0001AA, the contractor shall submit a Safety Plan for the facility at which the work is to be performed.

The contractor’s Safety Plan shall outline the procedures used by the contractor to ensure the safety of his employees and minimize lost-time accidents.

The Safety Plan shall identify by name and title the contractor’s Safety Officer who is responsible for enforcing the contractor’s safety rules and the contractor’s designated “Competent Person” (29 CFR 1915.7) who is responsible for testing the atmosphere in confined and enclosed spaces. In the event that the contractor has no designated “competent person,” a statement that a Marine Chemist will perform the tests and inspections that require a “competent person” shall be included with the Safety Plan, and the name of the Marine Chemist shall appear in the Safety Plan.

H08 PROCUREMENT PLAN

After Notice To Proceed with CLIN 0001AA, PLANNING, SCHEDULING AND ENGINEERING, the contractor shall submit a Procurement Plan for the barges.

The Procurement Plan shall identify the major or schedule controlling components and equipment in the contract, estimated delivery time for each, the selected vendor and planned date of ordering.

The Procurement Plan shall be in “spread sheet” format and will later be developed into the Material and Equipment Schedule of clause H10.

Upon written approval of the Procurement Plan by the COR, the contractor may commence procurement of any or all of those items on the plan.

Progress payments will be made in accordance with H20, PROGRESS PAYMENT

BASED ON A PERCENTAGE OR STAGE OF COMPLETION.

H09 SUBCONTRACTING PLAN

After Notice To Proceed with CLIN 0001AA, the contractor shall submit a Subcontracting Plan for the contract. This should not be confused with the SUBCONTRACTING PLAN required of Large Business as a part of their affirmative action responsibilities.

The Subcontracting Plan shall identify the areas or features of the contract or vessel which will be performed, all or in part by Subcontractors. The plan shall identify the scope of work, Subcontractor firm’s name, and reference the Subcontractor’s proposal or letter of intent.

The contractor shall provide copies of all pre and post contract correspondence between themselves and their representatives and all potential Subcontractors when requested by the Contracting Officer’s Representative.

The Subcontracting Plan shall specifically address the contractor’s plan for design and engineering.

If any part of the contractor’s engineering is to be subcontracted, the contractor shall also submit the Subcontractor’s qualifications, the scope of work and the contract, purchase order, or letter of intent.

If the engineering is to be performed by the contractor’s hired labor, the plan shall make that specifically clear. The contractor shall provide a statement of qualifications for any “in house” engineering personnel.

All persons employed as naval architects or marine engineers, either by the contractor or by any Subcontractor, shall be professionally competent by virtue of education, training, experience or licensing.

The Subcontracting Plan shall be in “spread sheet” format and will be incorporated into the Material & Equipment Schedule of Clause H10.

Upon written approval of the Subcontracting Plan by the Contracting Officer’s Representative, the contractor is authorized to proceed to place the subcontracts listed on the plan.

H10 MATERIALS & EQUIPMENT SCHEDULE

After Notice To Proceed with CLIN 0001AA, and the approval of the H08 Procurement Plan, the contractor shall develop a schedule of all items, including major stock materials (excluding nuts, bolts, gaskets, consumables, etc.), to be used in the construction of the barges.

The schedule shall be prepared in “spread sheet” format and contain the following information for the barges:

Component/equipment Quantity Vendor name and address Make, model, and options Drawing references (if appropriate) Purchase Order or Contract Number Scheduled order date Actual order date Scheduled (promised) receipt at shipyard Actual receipt at shipyard

After submittal to the COR the schedule shall be updated and submitted to the Government monthly.

Upon written approval of the schedule by the Contracting Officer’s Representative, the contractor is authorized to proceed with procurement of all items and materials in the schedule.

Final submission to MDC shall include priced copies of all purchase orders, purchase specifications, and receipts.

At any time during the contract, the COR may request and the contractor shall furnish, correspondence, telephone conversation records, priced copies of purchase orders, purchase specifications and material receipts or other records between the contractor and the various subcontractors and vendors.

H11 SUBMITTAL SCHEDULE

After receipt of Notice To Proceed with CLIN 0001AA, the contractor shall develop a submittal schedule for all contractor submittals required by the contract (Refer to Clause H02).

The schedule shall be in “spread sheet” format and contain the following minimum information for the vessel:

Drawing number (if any) Name or title of submittal Scheduled submittal date(s) Actual submittal date(s) Submittal letter number Reply letter number Reply letter date

For drawings or items with repetitive submittals (monthly, etc.) the schedule must allow for drawing review iterations or repetitive submissions.

After review, subsequent revision and approval by the COR, the schedule will be updated and submitted with the monthly Progress Payment Request for the life of the contract.

H12 ENGINEERING & DRAWINGS

A. ENGINEERING

The Contractor shall perform engineering (prepare calculations, drawings, etc.) in order to:

Develop the final design for production purposes

Launch, construct, and deliver the vessel Obtain regulatory body approval.

See Section C, Clause C004 regarding the ABS scope of work Obtain COR approval(s) Complete As-Built Drawings

All drawings and documents prepared by the Contractor or substantively modified by the Contractor shall be forwarded to the Marine Design Center for review, comment, and acceptance.

It is 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 regulatory bodies (refer Contract Clause H02).

The Government will be the sole owner of the design and will have "unlimited rights" in the duplication, use, reprocurement and disclosure of all drawings used in the development and construction of this vessel.

B. DRAWINGS

All drawings shall be prepared in CADD form, and shall conform to the American National Standards Institute (ANSI) Standard Y14. Drawings shall be flat, folded to 81/2” x 11” size and trimmed to within 1/2” of the outer border. Drawing size shall be format A (horizontal or vertical) or D as defined by ANSI Y14.1. In no case will drawings of any other size or format be accepted.

Title blocks shall conform to ANSI dimensions and shall be submitted to MDC for approval before use. Drawings of two or more sheets shall have follow-on sheets titled according to ANSI Y14.1 for continuation sheets and shall not be separately titled.

Electronic (.pdf) files of each submission shall be emailed to the Technical Manager.

The Contractor shall provide to the Contracting Officer's Representative copies of all pre and post Contract correspondence between the Contractor and ABS, including all correspondence from ABS to the Contractor.

The Contractor shall also provide to the Contracting Officer's Representative, approved and stamped copies of all drawings and documents reviewed by ABS, with all comments resolved (if applicable).

H13 NOT USED

H14 “AS-BUILT” DRAWINGS

A. ABS APPROVED DRAWINGS

For CLIN 0001

The contractor shall provide two copies on CD or DVD of all ABS approved and reviewed drawings, as well as all ABS review letters with drawing comments for this barge (if applicable).

B. As-Built Drawings

The contractor shall provide copies of the as-built drawings for line item CLIN 0001. As-built drawings shall be designated by changing the MDC drawing number from a C version to a D version. For example, drawing 806-C205-01 would be designated as as-built drawing 806-D205- 01.

The as-built drawings for the barges shall be delivered as follows:

1. Prior to Final Inspection, the contractor shall submit one set of prints (hard copy) of the as-built drawings of each barge and spud for review and approval.

2.) Prior to Provisional Acceptance, the contractor shall provide the following:

a. Two full size, hard-copy (paper) sets of black or blue line prints of all as-built” drawings for the barges.

b. Two sets of electronic as-built drawings for the barges.

c. Files furnished on CD shall be encased in standard plastic jewel boxes. Slim line jewel cases are not acceptable. Each box shall be labeled on the cover and an index, in numerical order by filename, shall be furnished inside the protective cover.

c. Each CD shall be labeled with the contract title, contract number, and general content of the disk.

H15 NOT USED

H16 MANUFACTURER OR SUBCONTRACTOR DRAWINGS & MANAULS

For the barges , the contractor shall provide three complete sets of drawings and manuals for each piece of machinery and equipment provided by the contractor; that clearly describe the operation, construction, maintenance, repair, adjustment, lubrication, parts lists and “trouble shooting” of every item of machinery and piece of equipment.

Manuals shall be in the English language with all dimensions in the foot-pound-second systems of units. Manuals shall be bound in hard covers of durable materials.

Manufacturer’s or Subcontractor’s drawings may be included in the manual but must be folded to page size.

If photocopies (Xerox or similar) of parts lists, text, diagrams, etc., are furnished, one of the sets shall be a “Master” and must be made up of all “original” sheets and be clearly identified as the “Master” copy. Photocopies will be clear with high black/white contrast, sharp lines, full sheet reproduction, and no background shadow or clutter.

Where catalog “cut-sheets” are provided, pertinent information to the equipment or machinery provided shall be clearly shown and differentiated from other items on the sheet that are not applicable to this project.

Manuals shall be available at Final Acceptance.

H17 NOT USED

H18 CONSTRUCTION PROGRESS PHOTOGRAPHS

The contractor shall provide monthly photographs deliverable in digital format.

The photographs shall document the construction progress, the launching, and tests and trials of the barges and spuds.

The photographs shall be in JPG file format with a minimum resolution of 300 dpi.

Approximately 15 or 20 photographs shall be provided monthly. The quantity of photographs shall be commensurate with the level of production.

The contractor shall provide a minimum of 10 final photographs showing the completed barge at the time of delivery. The photos shall be taken to include:

a. Profile view of each side

b. Profile view of an end

c. Profile views of the barge corner

d. Plan or overhead view of the barge

The final photographs shall be of a minimum resolution of 1200 dpi.

H19 GOVERNMENT PROPERTY

All Government-Furnished equipment and equipment for which the Government has made payment or partial payment shall be considered Government Property.

The contractor shall accept all risk for Government property in his possession.

The contractor shall maintain an inventory of all Government Property, update and submit the inventory monthly.

All Government Property shall be stored in enclosed, weather tight secure, warehouse buildings. Security shall consist of restricted access, locked and fenced storage. Warehouse buildings shall be heated above freezing and ventilated to prevent condensation or sweating.

H20 PROGRESS PAYMENT BASED ON PERCENTAGE OR STAGE OF COMPLETION

The Government shall pay the contractor the contract price as provided in this contract.

The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets standards of quality established under the contract, as accepted by the Contracting Officer. If requested by the Contracting Officer, the contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the Contracting Officer may authorize payment for material delivered to the site and at locations other than the site may also be taken into consideration if---

Consideration is specifically authorized by this contract; and

The contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

If the Contracting Officer finds that satisfactory progress was achieved during any period for which progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of fifteen percent (15%) of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the contractor all remaining withheld funds.

All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be considered as---

Relieving the contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

In making these progress payments, the Government shall, upon request, reimburse the contractor for the amount of premiums paid for performance and payment bonds (including co-insurance and reinsurance agreements, when applicable) after the contractor has furnished evidence of full payment to the surety. The retainage provision preceding shall not apply to that portion of progress payments attributed to bond premiums.

The Government shall pay the amount due the Contractor under this contract after---

Completion and acceptance of all work; and

Presentation of a properly executed voucher.

Notwithstanding any other provision of this contract, progress payments shall not exceed eighty percent (80%) on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes Clause, or funding and other administrative changes.

SECTION I - CONTRACT CLAUSES

The following have been added by reference:

52.222-3 52.222-4 52.223-6 52.228-2 52.228-14 52.229-3 52.232-1 52.232-9 52.232-13 52.232-16 52.232-23 52.232-25 52.249-2 52.249-8

The following have been deleted:

52.212-4

52.212-5

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by reference:

52.204-19

The following have been added by full text:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 336611.

(2) The small business size standard is 1,250.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

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

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

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

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

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

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

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

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

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

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

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

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

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

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

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

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

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

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

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

The following have been deleted:

52.212-3

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been added by reference:

52.233-2

(End of Summary of Changes)