A22_Solicitation__Diesel_Vessel_Dredge_JADWIN.pdf

SEE ADDENDUM

(No Collect Calls)

W912EE-16-T-0015 15-Apr-2016

b. TELEPHONE NUMBER

601-631-7905

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 02 May 2016

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.

W912EE9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SPENLINDA L LAKE

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

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

601-631-7261FAX:

TEL: 601-631- SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

32.5M

NAICS:

532411

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF58

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.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Base Year Diesel Vessel

FFP

Contractor shall provide all labor, equipment and material for rental of one diesel work vessel with opertaing personnel-OD-R JADWIN.

FOB: Destination

NET AMT

0001AA 5,000 Hours Lease one Vessel

FFP

Lease of one diesel work boat in accordance with the attached Specifications

0001AB 50 Hours Additional crewman

FFP

Additional crewman when required for use in connection with operation of vessel under item Number 0001

0001AC 500 Miles Boat travel

FFP

Boat travel

0001AD 200 Miles Additional Boat Travel

FFP

Additional when required for use in connection with operation of vessel under Item 0003

0001AE 80 Hours Watchman

FFP

Watchman when required

0001AF 2 Job Fuel Deivery

FFP

Fuel Deivery

OPTION 1st Option Year Diesel Vessel

FFP

0002AA 5,000 Hours OPTION Lease one Vessel

FFP

0002AB 50 Hours OPTION Additional crewman

FFP

Additional crewman when required for use in connection with operation of vessel

0002AC 500 Miles OPTION Boat travel

FFP

0002AD 200 Miles OPTION Additional Boat Travel

FFP

Additional when required for use in connection with operation of vessel under

0002AE 80 Hours OPTION Watchman

FFP

0002AF 2 Job Fuel Deivery

FFP

OPTION 2nd Option Year Diesel Vessel

FFP

0003AA 5,000 Hours OPTION Lease one Vessel

FFP

0003AB 50 Hours OPTION Additional crewman

FFP

Additional crewman when required for use in connection with operation of vessel

0003AC 500 Miles OPTION Boat travel

FFP

0003AD 200 Miles OPTION Additional Boat Travel

FFP

Additional when required for use in connection with operation of vessel under

0003AE 80 Hours OPTION Watchman

FFP

0003AF 2 Job OPTION Fuel Deivery

FFP

OPTION 3rd Option Year Diesel Vessel

FFP

0004AA 5,000 Hours OPTION Lease one Vessel

FFP

0004AB 50 Hours OPTION Additional crewman

FFP

Additional crewman when required for use in connection with operation of vessel

0004AC 500 Miles OPTION Boat travel

FFP

0004AD 200 Miles OPTION Additional Boat Travel

FFP

Additional when required for use in connection with operation of vessel under

0004AE 80 Hours OPTION Watchman

FFP

0004AF 2 Job OPTION Fuel Deivery

FFP

OPTION 4th Option Year Diesel Vessel

FFP

0005AA 5,000 Hours OPTION Lease one Vessel

FFP

0005AB 50 Hours OPTION Additional crewman

FFP

Additional crewman when required for use in connection with operation of vessel

0005AC 500 Miles OPTION Boat travel

FFP

0005AD 200 Miles OPTION Additional Boat Travel

FFP

Additional when required for use in connection with operation of vessel under

0005AE 80 Hours OPTION Watchman

FFP

0005AF 2 Job OPTION Fuel Deivery

FFP

BID SCHEDULE

Services/Price Sheet

W912EE-16-T-0015

RENTAL OF ONE DIESEL WORK VESSEL

WITH OPERATING PERSONNEL,

OD-R DREDGE JADWIN

BASE YEAR: 01 June 2016 – 31 May 2017

Lease of one diesel work boat in accordance with the attached Specifications 5000 Hours $ ______________ $ ________________

Additional crewman when required for use in connection with operation of vessel under item Number 0001 50 Hours $ ______________ $ ________________

0003 Boat travel 500 Miles $ _____________ $ ________________

Additional when required for use in connection with operation of vessel under Item 0003 200 Miles $ ______________ $ ________________

0005 Watchman when required 80 Hours $ ______________ $ ________________

0006 Fuel delivery 2 Shipment $ ______________ $ ________________

TOTAL BASE YEAR AMOUNT $ ________________

FIRST OPTION YEAR: 01 June 2017 – 31 May

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

AMOUNT

boat in accordance with the attached Specifications 5000 Hours $ ______________ $ ________________

Additional crewman when required for use in connection with operation of vessel under item Number 0007 50 Hours $ ______________ $_________________

0009 Boat travel 500 Miles $ ______________ $ ________________

Additional when required for use in connection with operation of vessel under Item 0009 200 Miles $ ______________ $ ________________

0011 Watchman when required 80 Hours $ ______________ $ ________________

0012 Fuel delivery 2 Shipment $ _____________ $ ________________

TOTAL FIRST OPTION YEAR AMOUNT $ ________________

SECOND OPTION YEAR: 01 June 2018 – 31 May 2019 boat in accordance with the attached Specifications 5000 Hours $ ______________ $ _______________

Additional crewman when required for use in connection with operation of vessel under item Number 0013 50 Hours $ ______________ $ ________________

0015 Boat travel 500 Miles $ ______________ $ ________________

Additional when required for use in connection with operation of vessel under Item 0015 200 Miles $ ______________ $ ________________

0017 Watchman when required 80 Hours $ ______________ $ ________________

0018 Fuel delivery 2 Shipment $ ______________ $ ________________

TOTAL SECOND OPTION YEAR AMOUNT $ ________________

THIRD OPTION YEAR: 01 June 2019 – 31 May

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

AMOUNT

Lease of one diesel work boat in accordance with the attached Specifications 5000 Hours $ ______________ $ ________________

Additional crewman when required for use in connection with operation of vessel under item Number 0019 50 Hours $ ______________ $ ________________

0021 Boat travel 500 Miles $ ______________ $ ________________

Additional when required for use in connection with operation of vessel under Item 0021 200 Miles $ ______________ $ ________________

0023 Watchman when required 80 Hours $ ______________ $ ________________

0024 Fuel delivery 2 Shipment $ ______________ $ ________________

TOTAL THIRD OPTION YEAR AMOUNT $ ________________

FOURTH OPTION YEAR: 01 June 2020 – 31 May 2021

ITEM

NO SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

Lease of one diesel work boat in accordance with the attached Specifications 5000 Hours $ ______________ $ ________________

Additional crewman when required for use in connection with operation of vessel under item Number 0025 50 Hours $ ______________ $ ________________

0027 Boat travel 500 Miles $ ______________ $ ________________

Additional when required for use in connection with operation of vessel under Item 0027 200 Miles $ ______________ $ ________________

0029 Watchman when required 80 Hours $ ______________ $ ________________

0030 Fuel delivery 2 Shipment $ ______________ $ ________________

TOTAL FOURTH OPTION YEAR AMOUNT $ ________________

TOTAL BASE & 4 OPTION YEARS AMOUNT $ ________________

Section C - Descriptions and Specifications

SOW

SCOPE OF WORK

SCOPE OF WORK FOR THE LEASE OF A DIESEL WORK BOAT WITHOPERATINGPERSONNEL

GENERAL SPCIFICATIONS

1. Object of These Specifications.

a. It is the object of these specifications to secure for the Government the lease of one diesel work boat with operating personnel. The subject boat shall be certified by the U.S. Coast Guard according to the Code of Federal Regulations 33 CFR- Navigation and Navigable Waters and 46 CFR –Shipping as a "Vessel Carrying Passengers for Hire.

b. The boat will principally be used on the Mississippi River between Helena, Arkansas, (Mile 660 AHP) and Southwest Pass (Mile 0 AHP) in connection with the tending of work units. This work will include hauling personnel, moving pontoon lines, towing an anchor barge in connection with the moving of anchors, shifting various barges including fuel barges, occasionally towing barges to and from work and remote locations, setting and moving buoys in the vicinity of the work unit, and sounding depths in the vicinity of work unit operations. The boat may also be used for channel patrol, light towing and contract work on the above designated section of the Mississippi River, and for towing, snagging, and tending work units on the Yazoo River from the mouth of the Yazoo Diversion Canal to Greenwood, Mississippi, and on the Old, Red, Black, and Ouachita Rivers from the Mississippi River to Camden, Arkansas, and on the White and Arkansas Rivers from the mouth of the White to Little Rock, Arkansas, as may be designated by the Contracting Officer.

2. Inspection of Equipment.

a. Prior to award, the Contracting Officer or his duly authorized representative will make an inspection of the equipment offered to determine the condition and suitability for the service for which it will be used. Conditions and suitability for the service are outlined in the Statement of Work, Specification Checklist, and Data Sheet. If it is found that the equipment offered is not suitable for the purpose intended, or that it is not in good mechanical condition, it may not be accepted and the bidder may be rejected as non-responsible. If, upon inspection of the boat, it is found that the boat does not meet all of the technical specifications included in this invitation, the bidder may be rejected as non-responsible. If the deficiencies are of a minor nature and may easily be repaired, the bidder will be given seven (7) days to correct all deficiencies found. If the deficiencies are not corrected within the seven day period, the bidder will be rejected as non-responsible. However, in case of award, this inspection will not relieve the Contractor from the satisfactory operation of the equipment during the period of the contract or any extension thereof. Safety Inspection checklist of Tugs, Tenders and Motorboats (LMV Form 337-R) lists specific items of equipment required on the boats by the Safety and Health Requirements Manual (EM 385-1-1 of the U.S. Army Corps of Engineers).

b. Any additions or other alterations of a nonpermanent nature, made to a boat for the purpose of changing its normal or regular dimensions in order to comply with these specifications, will cause rejection of the bidder as non-responsible.

c. A Preventive Maintenance Plan shall be furnished to the Government, at the time of inspection. This plan shall outline the contractor's plan to maintain the workboat in acceptable working condition, meeting all safety requirements according to the Code of Federal Regulations 33 CFR- Navigation and Navigable Waters and 46 CFR –Shipping.

3. Delivery and Release. Delivery of the vessel shall be made afloat and fully found to the Vicksburg Corps of Engineers Fleet, Vicksburg Harbor Project, Vicksburg, Mississippi, within five calendar days after receipt of Notice to Proceed. When delivered, the vessel shall be ready for operation in compliance with the contract. The vessel will be released to the Contractor at the Vicksburg Corps of Engineers Fleet, Vicksburg Harbor Project in Vicksburg, Mississippi.

4. Boat Travel. The Contractor shall designate Vicksburg, Mississippi as his home port. Travel from this home port to the site of a work location, travel between work locations; and travel from a work location back to the designated home port will be made when authorized or directed by the Contracting Officer or his representative.

a. Except as otherwise provided, payment will be made for the time during each calendar day, from the date of delivery to the date of release of the boat, that the boat is retained in the custody of a representative of the Contracting Officer beginning when the boat reports for work each day as directed by the representative of the contracting officer and ending when the representative of the Contracting Officer informs the Contractor or Operator that further service will not be required on that particular calendar day.

b. Payments for each day's use will be made at the applicable hourly rate stipulated in the contract for time specified in subparagraph (a) above. Pay time will be calculated for each day to the nearest hour.

c. Boat Travel. The boat may be required to travel between units or assignments when it will not be possible for the government to ascertain the hours of operations. Payment for this travel will be paid at the contract unit price per mile as bid. Distances will be computed to the nearest mile based on the latest published Navigation Maps.

d. No payment will be made for time lost because of breakdown or other causes due to the fault or negligence of the Contractor or his employees, and no payment will be made for time lost due to river conditions or other circumstancescircumstances the contracting officer's representative determines would prevent work or make work inadvisable.

e. Lost Time. Lost Time will be considered as the time when the towboat is inoperative because of breakdowns and/or other causes due to the fault or negligence of the Contractor or his employees. Time lost for minor repairs and/or adjustments to the tender which does not interfere with or result in loss of operating time, will not be charged as lost time to the Contractor. The Contractor will not be paid for hours of lost time except in the instances as stated above.

f. Reduced Price Operation. The payment will be reduced to seventy percent (70%) of the contract amount if job requirements calls for towboat to work with one engine inoperative.

5. Crew. The Contractor shall furnish and pay all necessary operators required for the satisfactory, efficient, and safe operation of the boat. The Contractor shall be responsible for compliance with all marine laws according to the Code of Federal Regulations 33 CFR- Navigation and Navigable Waters and 46 CFR –Shipping as pertaining to labor on the boat.

6. Operator. The operator of the work boat shall be licensed by the U.S. Coast Guard to operate motor boats carrying more than l5 passengers for hire. All operators shall be competent and satisfactory to the Contracting Officer according to specifications outlined in the Statement of Work. They shall see that the plant performs efficiently, satisfactorily, and safely at all times and carry out the instructions of the Contracting officer or his representative with respect to locations and hours of work.

7. Contract Period. The contract period shall be from the date of Notice-To-Proceed through 365 consecutive days thereafter (366 in the event of a leap year), unless extended in accordance with the paragraph entitled “FAR 52.217- 9 Option to Extend the Term of the Contract.” This is a 1- year contract containing a Government option to extend it in 1-year increments for up to an additional 4 years after the first year.

8. Additional Crewman. The boat may be directed by the contracting Officer's representative to travel and work under conditions that will require a qualified crewman in addition to the qualified operator. It is estimated but not guaranteed that this additional crewman will be required for 200 miles of travel and 50 hours of work during the contract period. If additional crewman are used payment will be made at the applicable rate stated in the contract for actual time worked or miles traveled on the boat Such rates constitute complete payment for the additional crewman. The COR may, at his option, send a government employee on the boat for short intervals, to assure compliance with EM 385-1-1, in lieu of the Contractor's additional crewman, without cost to the Contractor for any incidental service performed. Transportation of a Government employee for this purpose will not relieve the Contractor of responsibility for operation of the vessel as provided in paragraph 19 below.

9. Watchman. The boat may be directed by the Contracting Officer's representative to travel and work under conditions that will require the services of a watchman during non-operating time of the boat. If such a condition arises, the Contracting Officer's representative may direct the Contractor to employ a watchman on the boat during non-operating hours. It is estimated, but not guaranteed that the services of a watchman will be required for 80 hours during the period of the contract. Payment for the Contractor's watchman, if used, will be made at the applicable rate stated in the contract for the actual hours worked by the watchman. When the vessel is placed under a watchman’s rate, the watchman's duties may be supplied by a qualified crewman, such as a deckhand or boat operator as the needs of the boat may require the services of a qualified crewman during this time frame.

10. Speed Trials. The average speed of 10 miles per hour for the boat shall be determined by running a measured course downstream and upstream with the mean speed of the two courses used as the average. Speed trials will be run prior to the award of the contract and as often during the life of the contract as considered necessary by the Contracting Officer to assure that the boat is kept in satisfactory operating condition at all times.

11. Subsistence and Quarters. Diesel Work Boat. As part of the consideration for the rental of the boat, subsistence and quarters will be made available on the Government boat, when the Contractor is required to work in connection with operations on which Government subsistence and quarters are available.

12. Expense of Operation and Repair.

a. Except as hereinafter provided, the Contractor shall furnish at his own expense, all operators, labor, lubricating oils, greases, appliances, appurtenances, equipment, and material and shall bear all expenses incidental to the efficient operation of the boat in connection with the work under the contract. The Contractor shall also bear all direct overhead and collateral expenses incidental to the operation, upkeep, and repair of the boat. He shall maintain the boat in a good state of repair and shall arrange for a supply of renewal parts to be on hand when needed for the boat. All fuel for the operation of the boat will be furnished by the Government without cost to the Contractor.

When working away from Government plant, the Contractor will procure and deliver fuel for his equipment from local fuel distributors. The Contractor will pay the distributor for the fuel and bill the Government on his regular monthly invoice, showing the fuel as a separate item, and including two (2) copies of the fuel distributor's invoice receipted to show amount paid for the fuel. Payment for this delivery service will be made at the bid price as shown on bidding schedule. It is estimated that the maximum per year of 2 fuel delivery trips will be required for the duration of this contract with each one way trip being approximately 125 miles. No payment will become due to the Contractor for time lost waiting on fuel delivery to boat location. The fuel tanks on the boat must be filled to the maximum capacity upon each delivery of the boat to the Contracting Officer and will be filled to the maximum capacity before each release to the Contractor.

b. When the personnel of the Government unit using the Contractor's boat(s) are quartered on and/or are working in connection with the Government floating plant, the Contractor may, after obtaining the consent of the Officer in Charge of such plant, tie up to the plant while it is at anchor or tied off to the bank. If mutually agreeable to the Government and Contractor, the Contractor’s boat(s) will be taken into tow by the Government plant;

provided that it will be the responsibility solely of the Contractor to properly secure his boat to the Government plant; and further provided that in the event the Contractor’s boat(s) is taken in tow by the Government plant, the Contractor will have on board the tow at all times a qualified operator. If the Contractor’s boat(s) is not taken into tow by the Government plant, it will be the sole responsibility of the Contractor to see that his boat(s) is separated and moved to a safe distance prior to any movement of the Government plant. For and in consideration of the above mentioned privilege, the Contractor releases and agrees to indemnify and save harmless the United States Government from any and all claims, damage, demands, actions, rights of action, costs and/or charges resulting from any loss, death, injury or property damage sustained by the Contractor, or his employees, agents, representatives, heirs or assigns or by the United States or by any other person or persons or company arising from, incident to, or as a result of the exercise of said privilege, unless said loss is shown to have resulted solely from acts of the Government, or its officers, agents or employees in the course of their employment in which event the liability will be determined in accordance with existing laws.

13. Suspension. The Government reserves the right to suspend the use of the boat at any time upon giving oral notice to the Contractor. Such notice will be given by an authorized representative of the contracting Officer. The Contractor will be given oral notice, at least two (2) days in advance of the date the boat should report back to work.

14. Performance of Plant. Time is of the essence in the delivery of services under this Contract. The delivery schedule and the delivery of services performed by the vessel are crucial to the Government operations that it will be assisting, and untimely delivery of the services required under the Contract, or other unsatisfactory performance, will jeopardize the interests of the Government. Failure to timely deliver services will be cause for immediate termination of the Contract in accordance with the paragraph entitled "Termination for cause", contained in the Contract Clause entitled "Contract Terms and Conditions - Commercial Items". If at any time during the contract period, the Contracting Officer determines that the contractor is not performing as required by the contract, the contract may be immediately terminated.

The conditions listed above are not a complete listing of causes for default termination. The Government reserves the right to terminate the contract for any other conditions of default, or convenience, as determined by the Contracting Officer and in accordance with the termination clauses of the Contract.

15. Control and Responsibility.

a. The plant shall be under the control of the Contracting Officer, or his representatives, with regard to location and hours of work only. A representative of the Contracting Officer will be present at all times to issue instructions with reference to locations and hours of work. However, the rental is to be considered as a time charter, as distinguished from demises or bare boat charters, and the operation of the vessel shall at all times be under the direction of the contractor or his employees.

b. Except to respond to an immediate emergency, the Contractor shall not cease to perform an assigned mission or cease to comply with his operating orders that are in effect nor should the boats leave the immediate area of assigned responsibility without obtaining permission from the Contracting Officer's representative in charge of the operations being performed.

16. Supervision.

Proper supervision will be maintained during all work to ensure compliance with the terms of the contract and the orders of the Contracting Officer. No instructions of the Contracting Officer Representative or lack thereof will at anytime relieve the Contractor from the responsibility of complying fully with all requirements of the contract. In case of differences arising between the Contracting Officer's representative and the Contractor or his agent, appeal may be made to the Contracting Officer whose decision shall be final subject to appeal only as provided in the contract. The Contracting Officers representative is not authorized to waive or alter in any respect any of the terms or requirements of the contract, or to make additional requirements.

17. Licensed personnel. The operator furnished by the Contractor shall have a current boat operator's license issued by the U.S. Coast Guard to cover the waters in which the vessel will be operated. Under "Objectionable Employees" clause, employees furnished by the Contractor who, in the opinion of the Contracting Officer, are adjudged incompetent or otherwise objectionable shall be promptly replaced by the Contractor. Failure to provide competent and capable employees at all times will be considered a failure to provide timely services under the contract and may be grounds for default termination. If the contract is terminated for default, the Contractor will be responsible for excess re-procurement costs.

18. Occupational Safety and Health Act. This contract is subject to the provisions of Safety and Health Regulations for Construction and Occupational Safety and Health Standards which were published by the Department of Labor under authority of public laws 91-54 and 91-596.

19. EM 385-1-1 SAFETY AND HEALTH REQUIREMENTS. EM 385-1-l, Safety and Health Requirements Manual and its changes are available at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational Health. The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation. No separate payment will be made for compliance with Safety and Health Requirements.

a. Accident Prevention Program. Within fifteen (15) days after receipt of Notice of Award of the contract, and at least seven (7) days prior to commencement of the work four (4) copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and approval. The program shall be prepared in the following form:

(1) An executed LMV Form 358R, Administrative Plan. (A blank copy of the form will be furnished upon request.)

(2) An executed LMV Form 359R, Activity Hazard Analysis. (A blank copy of the form will be furnished upon request.)

(3) A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees. The Contractor shall not commence physical work at the site until the program has been approved by the Contracting Officer, or his authorized representative. Also refer to Section I of EM-385-l-l.

(4) When marine plant and equipment are in use under the contract, a statement as to the method of fuel oil transfer shall be included. (Refer to 33 CPR 156.)

(5) The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Activity Hazard Analysis only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also, refer to Section 1, "Program Management", paragraph 01.B, "Indoctrination and Training" of EM 385-1-1.

b. Employees under this contract will be required to wear hard hats at all times when working outside covered areas.

Life preservers shall be worn at all times when working on open deck floating plant not protected by guardrails.

Hard hats and life preservers shall be furnished by the Contractor at his expense.

c. Permits and Responsibilities. The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations, applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the contractor's fault or negligence.

d. Means of Escape for Personnel Quartered or Working on Floating Plant. Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes. Where nine or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 610 mm by 915 mm or 24 inches by 36inches), which leads to a different exit route. Refer to Section 19, "Floating Plant and Marine Activities" of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual.

e. Emergency Alarms and Signals.

(1) Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck.

(2) Signals.

2.1 Fire Alarm Signals. The general fire alarm signal shall be in accordance with Paragraph 97.13-15b of the "Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels", Sub-Chapter 1, 1 Sep 77 (CG 257).

2.2 Abandon Ship Signals. The signal for abandon ship shall be in accordance with Paragraph 97.13-15c of reference cited in paragraph "2.1" above.

2.3 Man-Overboard Signal. Hail and pass the word to the bridge. All personnel and vessels capable of rendering assistance shall respond.

f. Coast Guard Motorboat Operator's License. A Coast Guard Motorboat Operator's License shall be required for the operator of any motorboat 26' long or longer.

NOTE: REQUIREMENTS ARE IN ADDITION TO THOSE CONTAINED IN EM 385-1-1.

g. Section 3 of the Safety and Health Requirements provides that when a medical facility or physician is not accessible within five minutes of an injury to a group of two or more employees for the treatment of injuries, at least two employees on each shift shall be qualified to administer first aid and CPR. First aid attendants shall hold certification in first aid and cardiopulmonary resuscitation (CPR) training from the American Red Cross, from an agency whose training is deemed equivalent by the American Red Cross, or from a licensed physician. The certification shall not be older than three years from the date of issue, unless the currency period is specified otherwise by the issuing agency. The vessel should have on board at least one sixteen-unit first aid kit. A Coast Guard Operator's License in lieu of an American Red Cross is not acceptable. Evidence of such qualification must be furnished to the Contracting Officer prior to commencement of work under this contract, if the work party consists of two or more employees.

h. Service Delivery Summary

Table 21.1 Performance Objectives

SOW Paragraph Performance Threshold

Lost Time 4.d-4.f No more than 12 hours per week Performance of Plant 14a. No more than 3 instances of unsatisfactory work or failure to meet delivery schedule.

Personnel 6.a–9.a No More than 2 instances of undermanned crew as per section 13.b.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/ Department of Veterans Affairs–VOW to Hire Heroes Act http://benefits.va.gov/vow/ Army Wounded Warrior Program – http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation–Hiring Our Heroes -http://www.hiringourheroes.org/ Guide to Hiring Veterans – Reference Material -http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government 0001AC N/A N/A N/A Government 0001AD N/A N/A N/A Government 0001AE N/A N/A N/A Government 0001AF N/A N/A N/A Government 0002 N/A N/A N/A Government 0002AA N/A N/A N/A Government 0002AB N/A N/A N/A Government 0002AC N/A N/A N/A Government 0002AD N/A N/A N/A Government 0002AE N/A N/A N/A Government 0002AF N/A N/A N/A Government 0003 N/A N/A N/A Government 0003AA N/A N/A N/A Government 0003AB N/A N/A N/A Government 0003AC N/A N/A N/A Government 0003AD N/A N/A N/A Government 0003AE N/A N/A N/A Government 0003AF N/A N/A N/A Government 0004 N/A N/A N/A Government 0004AA N/A N/A N/A Government 0004AB N/A N/A N/A Government 0004AC N/A N/A N/A Government 0004AD N/A N/A N/A Government 0004AE N/A N/A N/A Government 0004AF N/A N/A N/A Government 0005 N/A N/A N/A Government 0005AA N/A N/A N/A Government 0005AB N/A N/A N/A Government 0005AC N/A N/A N/A Government 0005AD N/A N/A N/A Government 0005AE N/A N/A N/A Government 0005AF N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0001AA N/A N/A N/A N/A

0001AB N/A N/A N/A N/A

0001AC N/A N/A N/A N/A

0001AD N/A N/A N/A N/A

0001AE N/A N/A N/A N/A

0001AF N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0002AA N/A N/A N/A N/A

0002AB N/A N/A N/A N/A

0002AC N/A N/A N/A N/A

0002AD N/A N/A N/A N/A

0002AE N/A N/A N/A N/A

0002AF N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0003AA N/A N/A N/A N/A

0003AB N/A N/A N/A N/A

0003AC N/A N/A N/A N/A

0003AD N/A N/A N/A N/A

0003AE N/A N/A N/A N/A

0003AF N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0004AA N/A N/A N/A N/A

0004AB N/A N/A N/A N/A

0004AC N/A N/A N/A N/A

0004AD N/A N/A N/A N/A

0004AE N/A N/A N/A N/A

0004AF N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0005AA N/A N/A N/A N/A

0005AB N/A N/A N/A N/A

0005AC N/A N/A N/A N/A

0005AD N/A N/A N/A N/A

0005AE N/A N/A N/A N/A

0005AF N/A N/A N/A N/A

Section G - Contract Administration Data

Section H - Special Contract Requirements

WAGE RATES

WD 99-0326 (Rev.-23) was first posted on www.wdol.gov on 01/05/2016 Towing and Tender

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON, D.C. 20210

Daniel W. Simms Division of Wage | Wage Determination No: 1999-0326 Director Determinations | Revision No: 23 | Date Of Revision: 12/29/2015 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

States: Arkansas, Illinois, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Oregon, Tennessee Area: Arkansas Counties of Ashley, Bradley, Calhoun, Chicot, Clark, Clay, Craighead, Crittenden, Cross, Dallas, Desha, Faulkner, Garland, Greene, Hempstead, Hot Spring, Howard, Jackson, Lafayette, Lawrence, Lee, Little River, Lonoke, Miller, Mississippi, Monroe, Montgomery, Nevada, Ouachita, Phillips, Pike, Poinsett, Prairie, Randolph, Sevier, St Francis, Union, White, Woodruff Iowa County of Lee Illinois Counties of Adams, Alexander, Calhoun, Greene, Hancock, Henderson, Jackson, Jersey, Macoupin, Madison, Massac, Monroe, Pike, Pulaski, Randolph, Scott, St Clair, Union Kentucky Counties of Ballard, Calloway, Carlisle, Fulton, Graves, Hickman, McCracken Louisiana Parishes of Ascension, Assumption, Avoyelles, Bienville, Bossier, Caddo, Catahoula, Concordia, East Baton Rouge, East Carroll, Franklin, Grant, Iberia, Iberville, Jefferson, Lafourche, Madison, Morehouse, Natchitoches, Orleans, Ouachita, Plaquemines, Pointe Coupee, Rapides, Red River, Richland, Saint James, Saint John The Baptist, St Bernard, St Charles, St Landry, St Martin, St Mary, St Tammany, Tensas, Terrebonne, Union, Washington, Webster, West Baton Rouge, West Feliciana, Winn Missouri Counties of Bollinger, Butler, Cape Girardeau, Clark, Dunklin, Iron, Jefferson, Lewis, Lincoln, Madison, Marion, Mississippi, New Madrid, Pemiscot, Perry, Pike, Ralls, Scott, St Charles, St Francois, St Louis, Ste Genevieve, Stoddard, Washington, Wayne Mississippi Counties of Adams, Alcorn, Attala, Benton, Bolivar, Carroll, Claiborne, Coahoma, Copiah, De Soto, Grenada, Hancock, Hinds, Holmes, Humphreys, Issaquena, Jefferson, Jefferson Davis, Lafayette, Lawrence, Leflore, Madison, Marion, Marshall, Panola, Pearl River, Prentiss, Quitman, Rankin, Sharkey, Simpson, Sunflower, Tallahatchie, Tate, Tippah, Tunica, Union, Warren, Washington, Wilkinson, Yalobusha, Yazoo Oregon County of Multnomah Tennessee Counties of Carroll, Chester, Crockett, Dyer, Fayette, Gibson, Hardeman, Haywood, Henderson, Henry, Lake, Lauderdale, Madison, McNairy, Obion, Shelby, Tipton, Weakley

**Fringe Benefits Required Follow the Occupational Listing**

Employed on U.S. Army Corps of Engineers contract for general towing and tender services for the revetment season for the Memphis District:

OCCUPATION CODE - TITLE FOOTNOTE RATE

47021 - Cook-Baker/Second Cook/Second Cook-Baker/Assistant Cook 17.94 47070 - Fireman-Water Tender 25.17 (not set) - Captain, Harbor Tug First Mate 27.06 Master, Towboat 34.02

Pilot, Towboat 30.58 (not set) - Deckhand, Harbor Tug Deckhand 15.63 Deckhand, Leader 17.19 (not set) - Engineer, Harbor Tug Chief Engineer 32.19 Watch Engineer 27.06

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.27 per hour or $170.80 per week or $740.13 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 8 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Under the policy and guidance contained in All Agency Memorandum No. 159, the Wage and Hour Division does not recognize, for section 4(c) purposes, prospective wage rates and fringe benefit provisions that are effective only upon such contingencies as "approval of Wage and Hour, issuance of a wage determination, incorporation of the wage determination in the contract, adjusting the contract price, etc." (The relevant CBA section) in the collective bargaining agreement between (the parties) contains contingency language that Wage and Hour does not recognize as reflecting "arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a) of the regulations. This wage determination therefore reflects the actual CBA wage rates and fringe benefits paid under the predecessor contract.

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard

Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract.

{See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Captain, Harbor Tug Qualified tug master and operator in charge of the tugboat, its personnel, its operation and maintenance. The Captain is a radio operator, understands and operates radar and other navigational aids used in conjunction with tug-ship operations and tug-barge operations bother harbor and ocean. This person must also be qualified in administrative ship business and overall charge of maintenance of the vessel. Must hold appropriate Coast Guard documentation/license.

Deckhand, Harbor Tug Qualified seaman capable of performing all duties related to tugboat servicing ships and barges both in the harbor and at sea. Must hold appropriate Coast Guard documentation/license.

Engineer, Harbor Tug Qualified engineer in the operation, the maintenance, both corrective and preventative, and overall supervisor in the proper operation and maintenance of all machinery, both main and auxiliary and electrical and other mechanical gear aboard the tugboat. Also must have administrative ability to keep records and maintain the inventory of parts, tools, fuel, etc. Must hold appropriate Coast Guard documentation/license.

Sec…