Conformed_Amendment_0001_to_W912EE18T0018.pdf

SEE ADDENDUM

(No Collect Calls)

W912EE18T0018 26-Apr-2018

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 17 May 2018

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

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

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

SIZE STANDARD:

$32,500,000

NAICS:

532411

X

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 OF60

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.

W912EE18T0018

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 720 Hours Towing Services for Revetment Section

FFP

Lease of one 4200 HP towboat with operating personnel in accordance with the specifications of the attached Performance Work Statement.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 360 Hours OPTION 15-Day Option

FFP

Additional 15-Day lease of one 4200 HP towboat with operating personnel in accordance with the specifications of the attached Performance Work Statement.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

SPECIFICATIONS

Diesel Work Vessel Rental, U.S. Army Corps of Engineers, Vicksburg District, Mat Sinking Unit

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

Solicitation Number W912EE18T0018 is being issued as a Request for Quote (RFQ), with the intent to issue a Firm- Fixed Price Contract. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97. Wage Determination: WD 99-0326 (Rev.-28) is to be used for the preparation of bids.

This solicitation is being issued under a 100% Total Small Business Set Aside. The NAICS code for this procurement is 532411 – Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing with a size standard of $32.5M. This procurement is being conducted in accordance with regulations at FAR Part 12 – Acquisition of Commercial Items.

The U.S. Army Corps of Engineers (USACE), Vicksburg District has a requirement to provide and procure the rental of one diesel work vessel with operating personnel to support the MAT Sinking Unit.

Place of Performance: The boat will be used on the Mississippi River from Cairo, Ill., (Mile 953.8 AHP) to the Head of Passes (Mile 0.0).

Period of Performance: It is expected, but not guaranteed, that delivery of the boat will be required on or about 18 July 2018. The exact date will depend on the departure of the M/V Mississippi from the Mat Sinking Unit. The towboat usage is expected to be 30 calendar days with the Mat Sinking Unit (including the 18th of July), though all days in the contract are not guaranteed.

Option Period: A 15 day option period is included with the scope of this contract. If the government requires more days of towboat service in excess of the original 30 days, the 15 day option will be executed to increase the total contract period to 45 days.

The government intends to make a single award for one lump sum. Offers for less than the required items will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the Government. Offerors are encouraged to provide their best proposed pricing in their initial offer.

System for Award Management (SAM) applies as required by FAR 4.1102. Offerors must be registered in SAM prior to award. Lack of registration in the SAM database will make an offeror ineligible for award. Information on SAM registration & Representations and Certifications can be obtained at https://www.sam.gov/portal/public/SAM/#1.

SPECIFICATIONS FOR THE

LEASE OF ONE TOWBOAT WITH OPERATING PERSONNEL

GENERAL SPECIFICATIONS

1. Object of these Specifications.

It is the object of these specifications to secure for the Government by leasing one 4200 HP towboat with operating personnel. The boat will be used on the Mississippi River from Cairo, Ill., (Mile 953.8 AHP) to the Head of Passes (Mile 0.0). The towboat will tow barges from casting field to job site as may be directed by the Contracting Officer’s Representative (COR). The vessel shall also be used to assist the Corps of Engineers with Pickett duty, towing the Quarterboats, or in other operations as needed.

All mileage will be the mileage shown in the latest editions of the Flood Control and Navigation Maps of the Mississippi River and the Navigation Maps of the Atchafalaya River, both of which are prepared under the direction of the President, Mississippi River Commission, U.S. Army Corps of Engineers, P.O. Box 80, Vicksburg, MS 39181-0080.

The vessel offered in the bid shall be owned and operated by the bidder. Bids with subcontracted vessels will be rejected for not meeting requirements.

2. Inspection of Equipment.

Prior to award, the COR and/or a government representative(s) will make an inspection of the equipment offered to determine the condition and suitability for the service for which it will be used. 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 will not be accepted and the bidder on that equipment may be rejected as nonresponsive. If deficiencies are of a minor nature and may be easily repaired, the bidder will be given seven days to correct all deficiencies found. Examples of minor deficiencies are found on the MVK Form 385-18-R, Safety Inspection Checklist for Towboats and Tenders (Attachment B). If the deficiencies are not corrected within the seven-day period, the bidder will be rejected as nonresponsive. 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. Additionally, the contractor shall submit the completed Data Sheet (Attachment A) with bid.

3. Delivery and Release.

Delivery of the towboat shall be made afloat to the Corps of Engineers where ever requested at the time of notice to proceed along the Mississippi River between Mile 0 and Mile 955 as directed by the Engineer in Charge, within ten

(10) calendar days after receipt of notice to report to work. It is expected, but not guaranteed, that delivery of the boat will be required on or about 18 July 2018. The exact date will depend on the departure of the M/V Mississippi from the Mat Sinking Unit. The towboat usage is expected to be 30 calendar days with the Mat Sinking Unit (including the 18th of July), though all days in the contract are not guaranteed. The government has the right to release the vessel and crew of its duties before the 30 days are completed if the vessel is no longer needed. The boat shall report for duty by noon of the assigned day at wherever the Mat Sinking Unit is located or as directed by the COR (Contract Officer’s Representative). The boat will be released the day of the return of the M/V Mississippi to the Mat Sinking Unit. The contract may be extended additional calendar days as needed at the option of the Government. The boat will be released to the Contractor at the location of the job on which it was last used.

The Contractor will be allowed to substitute another vessel with identical specifications if needed at any period during the contract ONLY if approved by the COR. The new vessel is required to pass the same inspection that the first vessel had passed, but it will not be given a second opportunity to correct minor deficiencies if it does not pass inspection.

Option Period: A 15-day option period is included with the scope of this contract. If the government requires more days of towboat service in excess of the original 30 days, the 15-day option will be executed to increase the total contract period to 45 days.

4. Payments.

a. Payments will be made semi-monthly after receipt of a proper invoice. Invoices shall include the contract number, invoice date, and correct quantity and total of delivered services. Payment will be made by the hour. All invoices shall be sent to Nathan Jabour at the following email address: Nathanael.j.jabour@usace.army.mil

b. Except as provided in subparagraph d. below, payment will be made for the number of days of actual use during the time that the boat is retained in the custody of the COR beginning on the day that the boat is delivered to the Government Representative as stated in paragraph 3 above, and ending on the day that the boat is finally released to the Contractor. Actual use does not include non-work days.

c. No payment will be made for lost time due to breakdowns or for any causes due to the fault or negligence of the Contractor or his/her employees.

d. Lost Time. Lost time will be considered as the time when the boat is inoperative because of breakdowns and/or other causes due to the fault or negligence of the Contractor or his/her employees. If due to job requirements, the boat is allowed to work with one engine inoperative, the unit price may be reduced to seventy percent (70%) of the applicable contract amount. Time lost for minor repairs and/or adjustments to the boat which, in the opinion of the contracting officer, does not interfere with or result in loss of operating time, will not be charged as lost time to the Contractor.

5. Contract Period.

It is estimated that the towboat will be used 30 consecutive days during this contract period. It is expected that the towboat will generally be used 24 hours per day, 7 days per week. Although the Government assumes the use for 30 days as specified in paragraph 3 above, the right is reserved by the Government to suspend use of the towboat for any period when the Government deems that the vessel is no longer needed to continue operations or if revetment operations are stopped for some reason.

An option period of 15 days will be included with this contract in the case that extra days are needed to assist with Mat Sinking Unit operations. The option must be executed by the Corps of Engineers Vicksburg District contracting office before the work under the option period begins.

6. Performance of Plant.

a. Award of the Contract and acceptance of the boat does not relieve the Contractor from responsibility for the satisfactory performance of the boat. Notwithstanding the estimated days and hours of operation contained in Paragraph 5 above, time is of the essence in the delivery of services under the Contract. Strict compliance with the delivery schedule is essential and untimely delivery of the services required under the Contract, or other unsatisfactory performance, will jeopardize the interests of the Government. If at any time during the contract period it is determined by the Contracting Officer that the boat is not capable of doing satisfactory work and/or meeting the delivery schedule, the Contract may be terminated. Payment will be made as provided in paragraph 4 above only for the payment time accrued up to the date of termination.

7. Control and Responsibility.

a. The Contracting Officer or his/her representative shall direct the location or site of work and the hours of work.

However, the rental is to be considered as a time charter, as distinguished from a demise or a bare boat charter, and the operation of the vessel shall at all times be under the direction of the Contractor or his/her 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/her operating orders that are in effect nor should the boat leave the immediate area of assigned responsibility without obtaining permission from the Contracting Officer's Representative in charge of the operations being performed.

8. Supervision.

Proper supervision will be maintained on the boat by the Contractor to insure compliance with the terms of the contract and the orders of the Contracting Officer. The Contractor's authorized representatives will be designated in writing at the time of delivery of the boat and at any time thereafter when such authorized representatives may be changed. No instructions of the Contracting Officer's Representative or lack thereof will at any time 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/her agent, appeal may be made to the Contracting Officer, whose decision shall be final. The Contracting Officer's Representative is not authorized to waive or alter in any respect any of the terms or requirements of the contract, nor to make additional requirements.

9. EM 385-1-1, SAFETY AND HEALTH REQUIREMENTS.

EM 385-1-1, Safety and Health Requirements Manual, current edition, and Revetment Branch Safety Checklist are a part of these specifications. The contractor shall comply by all pertinent provisions. No separate payment will be made for compliance with Safety and Health Requirements.

a. Accident Prevention Program. Within 15 days after receipt of Notice of Award, and at least 7 days prior to commencement of the work, four 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 format:

(1) An executed Accident Prevention Program Administrative Plan. (A blank copy of the form will be furnished upon request.)

(2) An executed Accident Prevention Program 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.

(4) A statement as to the method of fuel oil transfer shall be included. (Refer to 33 CFR 156.)

The Contractor shall not commence physical work at the site until the program has been approved by the Contracting Officer, or his/her authorized representative. Also refer to Section I of EM-385-1-1.

b. 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 published by the Department of Labor under authority of Public Laws 91-54 and 91-596.

c. Means of Escape for Personnel Quartered or Working on Floating Plant. Two means of escape shall be provided for assembly, sleeping, and messing areas the towboat. Assembly, sleeping, and messing areas accommodating 6 or more employees shall have 2 exits opening to different exit routes. Sleeping areas accommodating 1 to 4 employees may have 1 exit, so long as that exit opens to a corridor or passageway with exits in both directions. Upper decks shall have stairs fore and aft leading to the main deck.

d. Emergency Alarms and Signals.

(1) General. 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.

(2) Description. The general alarm system shall be electrically operated from the primary electrical system.

The system will be supplemented with standby batteries on trickle charge that will automatically furnish the required energy in the event of failure of the primary electrical system. 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 of the signals shall be so interconnected that they can be activated from at least one strategically located point on each deck level.

(3) Emergency Signals.

3.1 Fire Alarm Signals.

3.1.1 The general fire alarm signal shall be a continuous blast of the ship's whistle for a period not less than 10 seconds supplemented by the continuous sounding of the general alarm signal for not less than 10 seconds.

3.1.2 For dismissal from the fire alarm stations, the general alarm bells shall be sounded three times, supplemented by three short blasts from the whistle.

3.2 Abandon Ship Signals.

3.2.1 The signal for abandon ship shall be more than six short blasts and one long blast of the whistle, supplemented by the same signal on the general alarm.

3.2.2 For dismissal, three short blasts of the whistle.

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

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

NOTE: ABOVE REQUIREMENTS ARE IN ADDITION TO THOSE CONTAINED IN SECTION 19 OF EM

385-1-1.

f. 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 guard rails. Steel-toed safety boots shall be worn by all persons exposed to hazards to the feet (deck crew). Hard hats, steel-toe boots and life preservers shall be furnished by the Contractor.

g. Par. 03.A.02 of the Safety and Health Requirements Manual provides 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. Minimum qualification shall be a current certificate in first aid issued by the American Red Cross, from an agency whose training is deemed equivalent in writing by the American Red Cross or from a licensed physician. A Coast Guard Operator's License in lieu of this certificate 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. Ground Fault Protection. All single-phase, 15- and 20-ampere receptacle outlets shall have approved ground-fault protection for personnel. The ground-fault circuit interrupter shall be calibrated to trip a ground-fault current of 5 ma or less.

10. Expenses of Operation and Repair.

a. Except as hereinafter provided, the Contractor shall furnish at his/her own expense all operator(s) labor, lubricating oils, greases, appliances, appurtenances, equipment, materials, and 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; 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. The Contractor shall furnish the towboat full of fuel at the point of delivery, and thereafter, all fuel for the operation of the towboat under this contract will be furnished by the Government without cost to the Contractor, including release of the towboat full of fuel at the point of release.

b. When the Government is furnishing transportation to any employees working at the same location that the Contractor's boat is being used, the same transportation facilities to the extent of available space, will be available for use by the Contractor or his/her employees without cost to the Contractor. For and in consideration of this privilege the Contractor releases and agrees to indemnify and save harmless the United States from any and all claims, damage demands, actions, rights of action, costs and/or charges resulting from any loss, death, injury or property damages sustained by the Contractor, his/her employees, and all agents, representatives, heirs or assigns, incident to, or as a result of the use of such transportation.

c. When personnel of the Government unit using the Contractor's boat 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 the Contractor, the Contractor's boat will be taken into tow by the Government plant; provided, that it will be the responsibility solely of the Contractor to properly secure his/her boat to the Government plant; and further provided that in the event the Contractor's boat 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 is not taken into tow by the Government plant, it will be the sole responsibility of the Contractor to see that his/her boat is separated there from and moved to a safe distance prior to any movement of the Government plant. For and in consideration of the aforesaid privilege, the Contractor releases and agrees to indemnify and save harmless the United States from any and all claims, damages, demands, actions, rights of action, costs and/or charges resulting from any loss, death, injury or property damage sustained by the Contractor, his/her employees, and all agents, representatives, heirs, or assigns incident to, or as a result of the exercise of said privilege.

11. Pollution Control.

a. Contamination of Water. The Contractor shall not pollute lakes, ditches, rivers, and reservoirs with fuels, oils, bitumens, calcium chloride, insecticides, herbicides, or other similar materials harmful to fish, shellfish, or wildlife, or materials which may be a detriment to outdoor recreation. It is the responsibility of the Contractor to investigate and comply with all applicable Federal, State, County, and Municipal laws, regulations and ordinances concerning pollution of rivers and streams, and protection of health, shellfish, fish, and domestic animals.

b. Disposal of Materials. The methods and locations of disposal of materials, wastes, effluent, trash, garbage, oil, grease, chemicals, etc., shall be such that harmful debris will not enter lakes, ditches, rivers, or reservoirs by erosion.

The Contractor will be responsible for the disposal of all solid or hazardous waste (if applicable) in accordance with Coast Guard Regulations, Environmental Protection Agency (EPA) Regulations and the Code of Federal Regulation (CFR's). The Contractor will also be responsible for the disposal of any bilge waste. The Government will not provide a sludge barge for the disposal of the Contractors' bilge waste.

c. Environmental Compliance. Failure to comply with all applicable Federal, State, Local and Coast Guard laws, regulations and ordinances concerning waste disposal and environmental protection will constitute separate and sufficient cause for Termination for Cause of this contract.

12. Subsistence and Quarters for Government Personnel.

From time to time it may be necessary for Government personnel to be aboard, in such cases the Contractor shall furnish the same meals and lodging to the Government personnel as furnished to his/her employees. Meals and lodging will be furnished free of charge. Under no circumstances will the Contractor be required to furnish sleeping quarters for more than two (2) Government personnel at the same time.

13. Personnel.

a. Upon delivery of the towboat, the Contractor shall furnish the Engineer in Charge, Revetment Section, a complete list of all contractor employees who will be working in any capacity on the towboat along with their schedule of work. Updates will be required anytime a change in personnel or work schedule occurs.

b. Crew. The Contractor shall furnish and pay all necessary crew required for the satisfactory and efficient operation of the towboat including not less than one pilot, one engineer, one deckhand leader, and two deckhands per shift. A minimum of two pilots, two engineers, four deckhands and two leadermen shall be maintained in the crew at all times. At least one deckhand per shift will be qualified in the operation of anchor barge winches. The Contractor shall be responsible for compliances with all marine laws pertaining to labor on the towboat. Wage rates applicable to this work have been requested from the Department of Labor. Upon receipt of these rates, you will be furnished a copy and if the cost of the job is increased as a result of these rates, the contractor should request that the order be increased accordingly.

c. Licensed Personnel. The Contractor shall furnish and pay a sufficient number of towboat pilots and/or masters, engineers, and deckhands to operate the towboat the required number of hours. The pilots and/or masters furnished shall be competent and satisfactory to the Contracting Officer and shall possess a current Master of Towing Vessels, Western Rivers license issued by the U. S. Coast Guard for the type, size, tonnage, and horsepower of the boat proposed to be furnished, and for the waters in which it will be operated above the Huey P. Long Bridge, mile 106.1 AHP and said pilots shall have an endorsement on their basic license to operate uninspected towing vessels upon the Inland Waters between the Huey P. Long Bridge, mile 106.1, and the Head of Passes. Operators shall be alert at all times and responsive to the instructions of the Contracting Officer or his/her authorized representative. Under the provisions of paragraph, "Objectionable Employees", operators and deckhands furnished by the Contractor who, in the opinion of the Contracting Officer or his/her authorized representative, are determined incompetent or otherwise objectionable, shall be promptly replaced by the Contractor. Failure to provide competent and capable pilots, engineers, and deckhands at all times will be considered a failure to provide proper performance of the plant and will be grounds for termination of the contract and for the Government to hire another boat with which to continue the work. Should this occur and the cost of the replacement boat so hired exceeds the cost of the boat covered by this contract, the excess cost will be assessed to the Contractor.

d. The towboat will have a certified tanker man on board at all times. Any crewmember who holds a current U.

S. Coast Guard tanker man certificate may serve as tanker man.

e. Objectionable Employees. The contractor will be required to remove from work under this contract any employee who, in the opinion of the Contracting Officer, or his/her representative, is objectionable or incompetent. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

f. All contractor employees working under this contract are required to complete a Release of Information form and submit it to the Security Manager, Attn: CEMVK-PM, 4155 Clay Street, Vicksburg, MS 39183-3435 within 10 business days after award of any contract or task order, and prior to the employee being permitted to begin work onsite.

g. All contractor employees, to include subcontractor employees, requiring access to USACE, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://atlevel1.dtic.mil/at.

h. All contractor and all associated sub‐contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or

Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

i. The contractor and all associated sub‐contractors shall brief all employees on the local iWATCH, Corps Watch, or See Something, Say Something program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after contract award. (Training is provided in form of a brochure)

j. The Contractor must pre‐screen Candidates using the E‐verify Program (http://www.dhs.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 ensure the correct information is entered into the E‐verify system.

An initial list of verified/eligible Candidates must be provided to the COR no later than 10 business days after the initial contract award.

14. Towboat.

a. The hull of the towboat shall be steel construction, flat bottom scow bow type, suitable for operation on the Mississippi River. It shall be capable of being easily handled in swift currents and maneuvered in close places. The towboat shall at all times comply with the current rules and regulations of the U. S. Coast Guard and shall be currently certified for operation in the waters specified. BIDS ON TUGBOATS WILL BE CONSIDERED

NONRESPONSIVE.

b. The towboat shall be propelled by two or more diesel marine engines with a total manufacturers rating of not less than 3300 continuous horsepower (flywheel) for all engines and shall be operated at the manufacturer's rated continuous rpm. The contracting officer will use the current Inland River Record to verify horsepower of the towboat being bid. If the horsepower in the Inland River Record does not correlate with the horsepower required by these specification, the bidder must submit with its bid, additional information from the engine manufacturer that evidence that the equipment bid meets the horsepower required of these specification. If additional data is not provided with your bid, your bid may be determined non-responsive. The towboat shall have one steering and two flanking rudders working in conjunction with each propulsion shaft and propeller. The power-actuated steering and flanking rudders shall be capable of independent operation and shall be seaworthy and in good mechanical condition. Power source for operation of the steering mechanism shall be independent of the propelling engines. The towboat shall be equipped with two electric generators, one for standby.

c. The towboat shall be equipped with a pilothouse of sufficient size so as to provide adequate space for the pilot and auxiliary equipment necessary for safe operation of the towboat. The pilothouse shall be equipped with adequate windows to allow the operator good visibility in all directions.

d. The towboat shall have a minimum of two towing knees permanently affixed to the bow extending from the water line to not less than 12 feet above the water line. One towing knee shall be equipped with steps and pipe hand railing.

e. The towboat shall be equipped with ample deck fittings and two power operated winches located forward of the pilothouse, having a minimum capacity of 10,000 lbs. single line pull and not less than 75 feet of steel cable of adequate size for securing tow.

f. The contractor shall furnish sufficient ratchets, wire, and fittings to make up a tow of 16 barges, 4 barges long by 4 barges wide.

g. The towboat shall be capable of pushing 9 steel mat barges, 3 barges long by 3 barges wide (each, size 160 feet by 34 feet by 9-1/2 feet) in still water from a standing start, and with the engines operating at the RPM recommended by the manufacturer for continuous duty, for a distance of one statute mile in not more than 7 minutes 0 seconds, and its ability to do so may be demonstrated in a test run as provided in paragraph 2 of the specification before final acceptance is made. Steering and flanking rudders shall operate independently and be sufficient to provide a satisfactory maneuverability with the test tow.

h. The towboat shall have a fuel capacity sufficient to allow 120 hours of operation without refueling.

i. All main deck exterior doors, except sliding doors, shall open towards the outside.

j. All hatches shall be the type that can be made watertight.

15. Electrical Power. The towboat furnished under the contract will be required to furnish electrical power for Government-owned plant such as barge pumps, lights, and small motors on crew barges, and distribution pumps on diesel fuel barges. It shall have at least two power outlets at or near the bow and have approximately 5-kilowatts over and above that needed for the operation of the boat available for this purpose. Power source shall be 110-120 volts, AC.

16. Radar. The vessel shall be equipped with two (2) Radar units, one for standby. Both units shall be maintained in operating condition.

17. Radio. Two Government-owned FM communication radios will be installed on the towboat while in use under this contract. Title to the radios shall remain in the Government. They will be used only for performance of the contract and will be removed by the Government when the boat is no longer required. The towboat shall have 110-120 volt AC power available for this purpose. Power consumption will be approximately 600 watts. The voltage level must be stable. The electrical generators and other equipment of the boat shall be such that the boat will be able to stand night-long layby watches with radio and all deck lights turned on. The vessel shall be equipped with adequate ship-to-ship radio in good operating condition.

18. Service Delivery Summary

Table 18.1

Performance Objectives SOW Paragraph Performance Threshold Lost Time 4.d No more than 12 hours per week.

Performance of Plant 6.a No more than 3 instances of unsatisfactory work or failure to meet delivery schedule.

Personnel 13.b No More than 2 instances of undermanned crew as per section 13.b.

19. QUALITY CONTROL / QUALITY ASSURANCE

19.1 Quality Control. The Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified. A copy of the Contractor’s Quality Control Program must be provided to the Contracting officer for approval prior to phase-in of contract and changes occur. The program shall include, but not be limited to, the following:

a. A method for identifying deficiencies in the quality of services performed before the level of performance is unsatisfactory.

b. A file of all inspections conducted by the Contractor and the corrective action taken. This document shall be available to the Government during the term of the contract.

19.2 Quality Assurance. The Government may monitor the Contractor’s performance to ascertain Contractor compliance with this contract. Changes to surveillance methods and/or procedures are solely within the Contracting Officer’s discretion and control.

20. MINIMUM INSURANCE REQUIREMENTS.

a. Workmen's Compensation and Employer's Liability Insurance. The Contractor shall comply with all applicable workmen's compensation Statutes of the States of Arkansas, Louisiana, and Mississippi, and shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

b. General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence on the comprehensive form of policy and property damage liability in the amount of $100,000 per occurrence on the comprehensive form of the policy.

c. Marine Insurance. Hull policy must be endorsed for towers' liability (tow and cargo) and the amount of the policy must be supplemented by excess towers' liability in the minimum amount of $1,000,000, and also by excess protection and indemnity insurance in an amount not less than $1,000,000. All policies must be endorsed for navigation limits applicable to this contract. The United States Army Corps of Engineers, Vicksburg District, must be named as an additional insured on all policies, and the policies shall contain an endorsement waiving subrogation against the United States. In the event of material changes in coverage or of cancellation of any policy, written notice shall be given to the Contracting Officer at least 30 days prior to the effective date of such change or cancellation.

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 H - Special Contract Requirements

WAGE DETERMINATION

WD 99-0326 (Rev.-28) was first posted on www.wdol.gov on 01/16/2018 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: 28 | Date Of Revision: 1/10/2018 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any 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 $10.35 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 2018. 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 19.73 47070 - Fireman-Water Tender 27.69 (not set) - Captain, Harbor Tug First Mate 29.77 Master, Towboat 37.42 Pilot, Towboat 33.64 (not set) - Deckhand, Harbor Tug Deckhand 17.19 Deckhand, Leader 18.91 (not set) - Engineer, Harbor Tug Chief Engineer 35.41 Watch Engineer 29.77 Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. ALL OCCUPATIONS

LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.41 per hour or $176.40 per week or $764.40 per month

HEALTH & WELFARE EO 13706: $4.13 per hour, or $165.20 per week, or $715.87 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

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. (See 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,…