W912DW-17-Q-0091.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW17Q0091 14-Jul-2017

b. TELEPHONE NUMBER

206-316-3168

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 Jul 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912DW9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ELAINA AUDETTE

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W68MD971729795

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

488330

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF85

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912DW17Q0091

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS

1. Representations and Certifications contained herein must be completed by vendors and returned with quote.

If Representations and Certifiations are registered in the System for Award Management

(SAM) check here _______. If not, register online at www.sam.gov

2. Request for Quote No.: W912DW-17-Q-0091

Closing Date and Time: 26 July 2017, 2:00 P.M. Pacific Time

AMENDMENTS NUMBERED___________HAVE BEEN RECEIVED

3. Responses will be accepted via email until the time and date set for closing. Email Quotes to elaina.audette@usace.army.mil . All emailed offers shall contain the RFQ No.

W912DW-17-Q-0091 in the subject line.

4. Vendors Submitting Quotes: Contractors are required to be registered in the System for

Awards Management (SAM) for awards resulting from soliciations.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment. Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER

INELIGIBLE FOR AWARD. The web site may be accessed at www.sam.gov

5. Award shall be made to the offeror with the lowest quote who meet all techncal requirements (see clause 52.212-2 for evaluation criteria).

6. Required Submittals:

a) Instruction Page (2 Pages)

Indicate if you are registered in SAM.

Must acknowledge any/all amendments to the soliciation.

Must fill in all company information requested.

All submittals as required in the solicitation.

b) Fill in all pricing information.

7. The Contractor is required to provide the following information with quotation submission:

Federal Taxpayer’s ID Number:________________________________

DUNS Number: ____________________________________________ http://www.sam.gov/ mailto:elaina.audette@usace.army.mil http://www.sam.gov/

Cage Code Number:__________________________________________

This requires registration in SAM, web site for registration is www.sam.gov

Remit to Address:

Company Name:_____________________________________________

Address:____________________________________________________

City/State/Zip:_______________________________________________

Phone & Fax Numbers:________________________________________

Point of Contact:______________________________________________

E-Mail Address:_______________________________________________

Quote must provide pricing for all items in the solicitation to be acceptable to the Government.

All quote items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.

Multiple quotes are not accepted for this RFQ. If multiple quotes are received only one quote (as determined by the Contracting Officer) will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received.

The contactor should list any special features or warranty information applicable to the product(s) or service(s) quote.

http://www.sam.gov/

ANNOUNCEMENT TO VENDORS

Due to recent national events Seattle District US Army Corps of Engineers shall be conducting business under heightened security for the foreseeable future.

Access to Federal Center South, 4735 E Marginal Way S, Seattle WA 98124 will be through the front Lobby only. The building is under Federal Protective Service, which means that persons entering the facility are subject to inspection; including purses, packages, etc. All deliveries shall be thoroughly inspected. In addition, visitors may be required to be escorted by Corps personnel while in the building.

For any questions please contact the Contract Specialist assigned to your project or check our website at www.nws.usace.army.mil for up-to-date information.

PRICE SCHEDULE

Salvage Vessel or Floating Crane Services Hoquiam Navigation Channel, Washington

Solicitation W912DW-17-Q-0091

Price Schedule

ITEM

NO.

DESCRIPTION OF

ITEM QUANTITY

UNIT

UNIT PRICE NET AMOUNT

Mobilization/

Demobilization

1 JOB $______________ $_________________

Salvage Vessel or

Floating Crane 5 DAYS $______________ $_________________

Install Two Anchored

Mooring Buoys 1 JOB $______________ $_________________

Offload/Transport/Dispos al of Salvaged Vessel 1 JOB $______________ $_________________

Total: $____________________________

ITEM

NO.

DESCRIPTION

OF ITEM QUANTITY

UNIT

UNIT PRICE NET AMOUNT

*OPTION:

Additional days for

Salvage Vessel or

Floating Crane

7 DAYS $___________________ $___________________

NET TOTAL FOR ALL ITEMS 0001 THROUGH 0005:

*The net amount in item #0005 will be considered for evalutaion purposes, but these additional days are an option that will be awarded at the Government’s discretion, if the additional days are needed. Should the option be exercised, the Government may exercise between one (1) and seven (7) days at the unit price listed.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personnel services contract to provide USACE, Seattle District, Navigation Section, salvage vessel or floating crane services to assist salvage a sunken boat in the Hoquiam Navigation Channel. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the

Government.

1.1 Description of Services/Introduction: The Contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and applicable licenses and permits necessary for the salvage vessel or floating crane services, as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Scope and Services:

1. Provide salvage vessel or floating crane services with approximately 720 square feet of deck space available for dive and salvage equipment, and enough additional deck space for the salvaged vessel. Boat to be salvaged is approximately 27FT long X 8FT wide X

6FT tall, fiberglass or metal hull (not exactly known at this time). It is estimated that vessel has been in the location about 3 years. The vessel is roughly half full of sand. It is not known if any motors or any other equipment are on the vessel.

2. Sunken vessel approximate location is UTM :N=614,009.1, E=798,275.8; 46 58 03.5836

N, 123 52 26.9488W; 46 58.059726 N, 123 52.449146W; 46.9676621 N, 123.87415244

W. Vessel is in approximately 40-50 FSW(Feet of Sea Water) depending on tides

3. Install two temporary anchored mooring buoys, one upstream and the other downstream of the salvage vessel. The anchors must be suitable for holding the M/V Shoalhunter (60’ vessel weighing 50,000lbs) in a 4 knot current and 25 knot winds. The buoys shall be removed after the salvage operation is complete.

4. Assist Army divers in recovery of sunken vessel, provide hoist/crane to lift recovered vessel from waterline to placement on deck. Divers will only be able to dive during slack tide. Army divers will provide slings and any other underwater needed equipment.

5. Dispose of salvage vessel and any associated hazardous materials at suitable disposal facilities authorized to receive the material and is compliant with appropriate Local, State and Federal waste regulations. Any debris that are categorized as Dangerous Waste under

WAC 173-303 must be handled and disposed of accordingly. Disposal documentation shall be submitted to the Government.

6. Provide HAZMAT spill response capabilities.

7. Submit a Stability Analysis.

1.3 Contract Period of Performance: Contract Period of performance is 1 Aug – 30 September

2017. The actual salvage operation is tentatively scheduled to start on 14 Aug 2017 and needs to be completed no later than 25 Aug 2017 (including all option days).

1.4 Quality Control/Quality Assurance:

1.4.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.4.2 Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5 Recognized Holidays: Contractor will not perform on the following holidays:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6 Hours of Operation: The Government facility hours are 06:30-15:00 Mon-Fri. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7 Place of Performance: The work to be performed under this contract will be performed in the waters off of Hoquiam, WA.

1.8 Type of Contract: The government will award a Firm Fixed Price contract.

1.9 Security Requirements:

1.9.1 E-Verify: The Contractor must pre-screen Candidates using the E-verify Program

(http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the QAR no later than 3 business days after the initial contract award.

1.9.2 Physical Security: Not Applicable

1.9.3 Key Control: Not Applicable

1.10 Post Award Conference/Periodic Progress Meetings: Quality Assurance Representative

(QAR), and other Government personnel, as appropriate, may meet periodically with the

Contractor to review the Contractor's performance. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. At these meetings the contracting officer will apprise the Contractor of how the government views the Contractor's performance and the

Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.11 Key Personnel: The following personnel are considered key personnel by the government:

The Contractor shall provide a Project/Contract Manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the

Contractor when the manager is absent shall be designated in writing to the contracting officer.

The Project/Contract Manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The Project/Contract Manager or alternate shall be available between 8:00 a.m. to 4:00 p.m. PST, Monday thru Friday except

Federal holidays or when the government facility is closed for administrative reasons.

1.12 Identification of Contractor Employees: Not Applicable

1.13 Contractor Travel: Not Applicable

1.14 Other Direct Costs: Not Applicable

1.15 Data Rights: Not Applicable

1.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR

Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The

Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.17 Phase In/Phase Out Period: Not Applicable

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.4. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.5. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.6. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.19. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The

Government does not have privity of contract with the subcontractor.

2.1.11. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday unless specified otherwise.

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Haw

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

LWSC Lake Washington Ship Canal

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QAR Quality Assurance Representative

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: Dive team.

3.2 Facilities: Not Applicable.

3.3 Utilities: Not Applicable

3.4 Equipment: Dive team support boat.

3.5 Materials: Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance: Not Applicable

4.3. Materials: Not Applicable

4.4. Equipment: The Contractor shall provide needed equipment to meet the requirements under

Section 1.1 and 1.2 of this PWS.

PART 5

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The Contractor shall provide salvage vessel or floating crane services for the

USACE, Seattle District, Navigation Section.

1. Provide salvage vessel or floating crane services with approximately 720 square feet of deck space available for dive and salvage equipment, and enough additional deck space for the salvaged vessel. Boat to be salvaged is approximately 27FT long X 8FT wide X

6FT tall, fiberglass or metal hull (not exactly known at this time). It is estimated that vessel has been in the location about 3 years. The vessel is roughly half full of sand. It is not known if any motors or any other equipment are on the vessel.

2. Sunken vessel approximate location is UTM :N=614,009.1, E=798,275.8; 46 58 03.5836

N, 123 52 26.9488W; 46 58.059726 N, 123 52.449146W; 46.9676621 N, 123.87415244

W. Vessel is in approximately 40-50 FSW(Feet of Sea Water) depending on tides

3. Install two temporary anchored mooring buoys, one upstream and the other downstream of the salvage vessel. The anchors must be suitable for holding the M/V Shoalhunter (60’ vessel weighing 50,000lbs) in a 4 knot current and 25 knot winds. The buoys shall be removed after the salvage operation is complete.

4. Assist Army divers in recovery of sunken vessel, provide hoist/crane to lift recovered vessel from waterline to placement on deck. Divers will only be able to dive during slack tide. Army divers will provide slings and any other underwater needed equipment.

5. Dispose of salvage vessel and any associated hazardous materials at suitable disposal facilities authorized to receive the material and is compliant with appropriate Local, State and Federal waste regulations. Any debris that are categorized as Dangerous Waste under

WAC 173-303 must be handled and disposed of accordingly. Disposal documentation shall be submitted to the Government.

6. Provide HAZMAT spill response capabilities.

7. Submit a Stability Analysis.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

6.1. The Contractor must abide by the requirements set forth in the Corps Safety Manual EM 385-

1-1, with changes.

PART 7

ATTACHMENT/TECHNICAL EXHIBITS

TECHNICAL EXHIBIT 1

7.1 PERFORMANCE REQUIREMENTS SUMMARY:

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required—usually a shall statement)

Standard Performance

Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of

Surveillance

PRS # 1.

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, fuels, materials, supervision, licenses and permits necessary to provide salvage vessel or floating crane services under this PWS.

Safely perform assigned missions

IAW EM 385-1-

1, with changes.

Zero deviation from standard.

Random inspection by QAR and M/V

SHOALHUNTER

Master.

TECHNICAL EXHIBIT 2

7.2 DELIVERABLES SCHEDULE:

Deliverable Frequency # of Copies Medium/Format Submit to

Crane Stability

Analysis

Prior to Start of

Salvage

1 Hard Copy & Electronic QAR

Disposal

Documentation

Completion of

Disposal Activities

1 Hard Copy & Electronic QAR

Invoice End of Job 1 Hard Copy & Electronic QAR

QASP

QUALITY ASSURANCE SURVEILLANCE PLAN

Hoquiam Navigation Channel, Washington

Contract Description: Provide USACE, Seattle District, Navigation Section, a salvage vessel or floating crane services to assist salvage a sunken boat in the Hoquiam Navigation Channel.

1. PURPOSE.

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

What will be monitored?

How monitoring will take place?

Who will conduct the monitoring?

How monitoring efforts and results will be documented?

This QASP does not detail how the Contractor accomplishes the work. Rather, the QASP is created with the premise that the Contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance. In addition, the QASP should recognize that unforeseen and uncontrollable situations may occur.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the Contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original

QASP and revisions shall be provided to the Contractor and Government officials implementing surveillance activities.

This QASP was developed to comply with the Federal Acquisition Regulation (FAR), Subpart

37.6, Performance Based Acquisition and 46.4, Government Contract Quality Assurance. In addition, FAR, Subpart 46.103, Contracting Officer Responsibilities, states that agencies shall develop quality assurance surveillance plans when acquiring services.

2. GOVERNMENT ROLES AND RESPONSIBILITIES.

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (KO) - The KO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The KO shall also assure that the Contractor receives impartial, fair, and equitable treatment under this contract. The KO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

b. Contract Specialist - The Contract Specialist acts as an acquisition consultant and serves as the liaison between the Contractor and the KO.

Assigned Contract Specialist: Elaina Audette

Telephone: 206-316-3168

Email: elaina.audette@usace.army.mil

c. Quality Assurance Representative (QAR) - The QAR is responsible for technical administration of the contract and shall assure proper Government surveillance of the

Contractor’s performance. The QAR shall keep a quality assurance file. At the conclusion of the mailto:elaina.audette@usace.army.mil contract or when requested by the KO, the QAR shall provide documentation to the KO. The

QAR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf. The Contractor shall refer any changes they deem may affect contract price, terms, or conditions to the KO for action.

3. CONTRACTOR REPRESENTATIVES:

The following employees of the Contractor serve as the Contractor’s Primary and Alternate Point of Contact for this contract.

a. Primary Point of Contact – <upon award, enter name>

Telephone: <enter number>

Email: <enter address>

b. Alternate Point of Contact - <upon award, enter name>

Telephone: <enter number>

Email: <enter address>

c. Other Contractor Personnel - <upon award, enter name or delete these lines if not applicable>

Title: <enter title>

Telephone: <enter number>

Email: <enter address>

4. PERFORMANCE STANDARDS.

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix (PRS), in the Performance Work Statement includes performance standards. The Government shall use these standards to determine

Contractor performance and shall compare Contractor performance to the PRS thresholds.

Performance Objective Standard

Performance

Threshold

Method of

Surveillance

PRS #1.

Provide salvage vessel or floating crane services with approximately 720 square feet of deck space available for dive and salvage equipment, and enough additional deck space for the salvaged vessel.

Provide USACE, Seattle District, Navigation Section, salvage vessel or floating crane services to assist salvage a sunken boat in the

Hoquiam Navigation

Channel.

Zero Deviation from Standard.

The QAR may perform inspections with the assistance of other

USACE staff or subject area experts.

PRS #2.

Assist in recovery of sunken vessel.

Provide USACE, Seattle District, Navigation Section, salvage vessel or floating crane services to assist salvage a sunken boat in the

Hoquiam Navigation

Channel.

Zero Deviation from Standard.

The QAR may perform inspections with the assistance of other

USACE staff or subject area experts.

PRS #3

Load salvaged vessel onto barge. Dispose of salvage vessel

Load salvaged vessel onto barge. Dispose of salvage vessel.

Zero Deviation from Standard.

The QAR may perform inspections with the assistance of other

USACE staff or subject area experts.

5. METHODS OF QA SURVEILANCE.

Various methods exist to monitor performance. The QAR shall use the surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION. (Can be performed periodically or through 100% surveillance.)

b. PERIODIC INSPECTION. (Uses a comprehensive evaluation of selected outputs.

Inspections may be scheduled [Daily, Weekly, Monthly, Quarterly, or annually] or unscheduled, as required).

c. 100% INSPECTION. (Evaluates all outputs. Most applicable to small quantity, but highly important services. May be used where there are written deliverables and stringent requirements such as tasks required by law, safety, or security).

Regardless of the surveillance method, the QAR shall always contact the Contractor's primary point of contact when a defect is identified and inform the point of contact of the specifics of the problem. The QAR shall be responsible for monitoring the Contractor’s performance in meeting a specific performance standard.

PRS #1 and#2: QAR or other USACE employee will make DIRECT OBSERVATION unscheduled inspections of Contractor performance to verify required response.

PRS #3: QAR or other USACE employee will conduct 100% INSPECTION for work completed to ensure compliance with contract requirements.

Surveillance results may be used as the basis for actions (to include payment deductions) against the Contractor. In such cases, the Inspection of Services clause in the Contract becomes the basis for the KO’s actions.

6. RATINGS.

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given PRS standard. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

EXCEPTIONAL:

Performance significantly exceeds contract requirements to the Government’s benefit.

SATISFACTORY: Performance meets contractual requirements.

UNSATISFACTORY: Performance does not meet contractual requirements.

7. DOCUMENTING PERFORMANCE.

a. ACCEPTABLE PERFORMANCE.

The Government shall document positive performance. A report template is attached. Any report may become a part of the supporting documentation for fixed fee payments, award fee payments, or other actions.

b. UNACCEPTABLE PERFORMANCE.

When unacceptable performance occurs, the QAR shall inform the Contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the

QAR shall document the discussion and place it in the QAR file and courtesy copy the KO.

When the QAR determines formal written communication is required, the QAR shall prepare a

Contract Discrepancy Report (CDR), and present it to the Contractor's primary or alternate point of contact. A CDR template is attached to this QASP.

The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the

Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the QAR. The

Government shall review the Contractor's corrective action plan to determine acceptability.

Any CDRs may become a part of the supporting documentation for contract payment deductions, fixed fee deductions, award fee nonpayment, or other actions deemed necessary by the KO.

8. DOCUMENTING EVALUATIONS.

a. Payment Deductions – Due to the critical nature of the support the Contractor’s performance will be compared to contract requirements on a monthly basis against the Acceptable Quality

Levels using this Quality Assurance Surveillance Plan to guide evaluations and the 100% inspection to document findings. If the performance in any required service fails to meet the performance threshold identified in the PWS, payments to the Contractor may be reduced by the contracting officer.

The Government’s primary quality assurance procedures are based on validated customer complaints and incidental inspections by the Quality Assurance Representative (QAR).

b. Deduction Example:

Prepared by:

Brad Schultz – Quality Assurance Representative

For each inspection that indicates the Contractor has deviated from a performance standard, payment shall be reduced by 10%. For each deliverable that is not produced or received according the contract, payment will be withheld for that deliverable.

PERFORMANCE REPORT

1. CONTRACT NUMBER:

2. Prepared by: (Name of QAR):

3. Date and time of observation:

4. Observation:

<Examples of items to include in a report are:

- Method of surveillance.

- How frequently you conducted surveillance.

- Surveillance results.

- Number of observations.>

Signature – Quality Assurance Representative Date

CONTRACT DISCREPANCY REPORT (CDR)

1. Contract Number:

2. TO: (Contractor Point of Contact):

3. FROM: (Name of COR):

4. Date and time observed discrepancy:

5. Source of Complaint:

6. Discrepancy of Problem:

7. Corrective action plan:

A written corrective action plan required.

The written Corrective Action Plan will be provided to the undersigned not later than

8. Government actions (payment deductions, performance evaluation meetings, or other actions):

Signature – Contracting Officer Representative Date

Received by:

Signature - Contractor Task Manager or on-site representative Date

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Mobiliztion/Demobilization

60110A-FY17 HOQUIAM BOAT SALVAGE [457649] --- PROJECT NO.:

457649

FOB: Destination

PURCHASE REQUEST NUMBER: W68MD971729795

FFP

NET AMT

0002 5 Days Salvage Vessel or Floating Crane

60110A-FY17 HOQUIAM BOAT SALVAGE [457649] --- PROJECT NO.:

457649

FOB: Destination

0003 1 Job Install Two Anchored Mooring Buoys

60110A-FY17 HOQUIAM BOAT SALVAGE [457649] --- PROJECT NO.:

457649

0004 1 Job Offload/Transport/Disposal of Vessel

60110A-FY17 HOQUIAM BOAT SALVAGE [457649] --- PROJECT NO.:

457649

0005 7 Days OPTION Option-Salvage Vessel or Floating Crane

Additional Days

60110A-FY17 HOQUIAM BOAT SALVAGE [457649] --- PROJECT NO.:

457649

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreeements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.222-22 Previous Contracts And Compliance Reports FEB 1999

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

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

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics

Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA

Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Offers will be technically evaluated as either “Acceptable” or “Unacceptable” on each of the following technical criteria:

(i) Technical Proposal. Offeror shall submit the following information demonstrating their technical capability for the following:

1) Provide a description of proposed equipment to be used on this project that demonstrate the capability to meet the crane and deck requirements stated in item 1.2 of the Performance Work

Statement (PWS).

2) Provide the Crane Stability Analysis for the proposed equipment which demonstrate its ability to meet the project's lifting requirements described in item 1.2 of the PWS.

(ii) Price Proposal. Offeror shall provide a price for each item number, including the option line item.

Failure to comply may result in the rejection of the subject offer. A single award shall be made. There shall be no split award. In the event that the item number price is materially unbalanced, the entire offer may be rejected without discussion with the offeror. An offeror’s unrealistic low-priced proposal may be consdiered a reflection on an offeror’s understanding of the project and/or risk associated with their proposal, and proposals may be eliminated from consideration based upon price alone, prior to technical evaluation.

Award shall be made to the offeror with the lowest quote who meet all technical requirements.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision --

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation https://www.sam.gov/portal occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

http://www.dol.gov/fairpayandsafeworkplaces

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The…