W912EQ18R0009.pdf

SEE ADDENDUM

(No Collect Calls)

W912EQ18R0009 29-May-2018

b. TELEPHONE NUMBER

901-544-3356

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 08 Jun 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.

W912EQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

TIJUANA M WATSON

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

W38XGR80863435

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ADDRESS SAME AS BLOCK 7.

HAND DELIVERED BIDS RECEIVED IN

RM 681, CLIFFORD DAVIS FEDERAL BUILDING, 167

MEMPHIS TN 38103-1894

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 B1P0000 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CONTRACTING DIV, NATL CTR ORG

167 NORTH MAIN ST B-202

MEMPHIS TN 38103-1894

TEL: (901) 544-3117 FAX: (901) 544-3142

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

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.

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)

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.

W912EQ18R0009

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 122 Days Towboat Lease

FFP

1.) Lease of one towboat with operating personnel in accordance with attached scope of work for a period of 122 days.

2.) Award is subject to requirements of Inspection and Safety Inspection Checklist as outlined in the Scope of Work.

NOTE: In accordance with 52.228-5, "Minimum Insurance Requirements", Prior to commencement of work, Insurance certificate may be emailed to TiJuana.M.Harris@usace.army.mil.

FOB: Destination

MILSTRIP: W38XGR80863435

PURCHASE REQUEST NUMBER: W38XGR80863435

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 45 Days OPTION Towboat Lease Option 1

FFP

1.) Lease of one towboat with operating personnel in accordance with attached scope of work for a period of up to 45 days.

2.) Award is subject to requirements of Inspection and Safety Inspection Checklist as outlined in the Scope of Work.

NOTE: In accordance with 52.228-5, "Minimum Insurance Requirements", Prior to commencement of work, Insurance certificate may be emailed to TiJuana.M.Harris@usace.army.mil.

FOB: Destination

MILSTRIP: W38XGR80863435

NET AMT

Section C - Descriptions and Specifications

NOTICE TO BIDDERS

NOTICE TO BIDDERS

A. The following documentation must be submitted with your quote for evaluation.

1. SF 1449, Solicitation, Offer and Award; include your signature, name, title, date, include prompt payment terms, remittance address, Tax Identification Number, DUNS number, and Cage Code.

2. Schedule of prices

3. Representations and Certifications. (FAR Clauses 52.212-3)

4. All amendments must be acknowledged

5. Review and submit the required information from FAR clauses52.212-2

B. Offerors ADDRESS - Prospective Offerors should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the offeror on Standard Form 1449 Block 17a.

C. System for Award Management - By submission of a quote, the Offeror acknowledges the requirement that prospective awardee must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an Offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.sam.gov.

D. Basis of Award - The Government intends to award (1) Firm Fixed Price Contract from this solicitation.to the responsible contractor whose offer conforming to the solicitation will be most advantageous to the Government based on Technical Capability, Price, and Past Performance. See Statement of Work, and Evaluation Criteria specified in FAR Clause 52.212-2 , “Evaluation of Commercial Items”, of this solicitation.

E. How to submit questions: Questions should be emailed to TiJuana.M.Harris@usace.army.mil and a response will be provided.

F. How to submit Proposal: Contractor may submit an electronic offer to the following email addresses no later than the stated due date and time in block 8 of the SF 1449. Submit and electronic offer to TiJuana.M.Harris@usace.army.mil. You may also deliver hand carried offers to 167 N. Main Street, Memphis TN 38103 and must be time stamped no later than the stated due date in block 8 of the SF 1449. Submission of offers via fax will not be accepted.

G. Delivery Times - The following delivery times are established for contactors:

See specific delivery instructions in paragraph 3 of the Performance Work Statement.

http://www.sam.gov/ mailto:TiJuana.M.Harris@usace.army.mil mailto:TiJuana.M.Harris@usace.army.mil.

PWS

PERFORMANCE WORK STATEMENT FOR

TOWING SERVICES

1. Object. The work to be performed under the contract consists of furnishing all plant, materials, equipment, supplies, labor, per diem, and transportation, and performing all work in strict accordance with the schedules. All work, materials, and services not expressly called for in these specifications, which may be necessary for complete and proper operations to carry out the contract, shall be performed, furnished, and installed by the Contractor at no increase in cost to the Government.

The Government intends to lease one 2000 HP towboat with operating personnel. The tow will be used on the Mississippi River between Cairo, Ill., (Mile 953.8 AHP) to the Head of Passes (Mile 0.0). The leased towboat will be required to tow barges and equipment to various job sites, as coordinated with the Government’s Contracting Officer’s Representative (COR). 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 Contractor shall be responsible for detecting and reporting to the COR all materials or obstructions that might cause damage, or has the potential to cause damage to the tow, barges, and equipment being towed. The COR will evaluate the evidence of the obstructions and may notify the Contracting Officer for additional instructions. The Government will not be responsible for damage to the Contractor’s tow due to its contact with materials or obstruction(s) that could cause such damage, or have the potential to cause such damage.

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 offeror will be given 48 hours to correct all deficiencies found.

Examples of minor deficiencies are found on the Form 385-18-R, Safety Inspection Checklist for Towboats and Tenders (Attachment B). If the deficiencies are not corrected within the 48 hour period, the offeror will be rejected as nonresponsive. In case of award, this inspection will not relieve the Contactor 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 offer.

3. Delivery and Release.

The current schedule for the work contemplated under this contract is:

• Lee Towhead (River Mile 859.0)

• Cedar Point- Densford (River Mile 759.0)

• Cow Island (River Mile 714.0)

• Porter Lake (River Mile 730.0)

• Oldtown (River Mile 641.0)

• Rescue (River Mile 629.0)

• Island 67 (River Mile 622.0)

• Rosedale (River Mile 584.5)

• Mounds C1 (River Mile 561.0)

• Walnut Point M1, M2, M3 (River Mile 522.9)

• Sunnyside Revetment (River Mile 532.4)

• Baleshed Stack Island M1, M2, M3 (River Mile 485.8)

• Fitler Cottonwood (River Mile 476.8)

• Belle Island (River Mile 461.0)

• Kings Point M2 (River Mile 438.3)

• Point Pleasant M1 (River Mile 413.1)

• Grand Gulf (River Mile 407.0)

• Hardscrabble M1 & M2 (River Mile 396.4)

• Moreville M1 (River Mile 356.4)

• Moreville C1 (River Mile 356.0)

• Railroad Landing M2 (River Mile 344.4)

• Grand Bay (River Mile 257.5)

• Allendale (River Mile 239.0)

• Port Allen (River Mile 230.0)

• Good Hope (River Mile 123.4)

• Poydras (River Mile 81.0)

• English Turn (River Mile 76.5)

• Gravelot (River Mile 50.4)

River miles and location are approximate and are expected to vary. This schedule is subject to change as directed by the Contracting Officer and as needed due to operational necessity, weather, and river conditions. Additional work sites should be anticipated during both the base and option period of this contract.

Delivery of the towboat shall be made afloat to the Engineer in Charge, Bank Grader Unit, within two (2) calendar days after receipt of notice to report to work. It is expected that delivery of the tow will be required at noon on or approximately 10 days after award at Ensley Engineer Yard, approximately river mile 725.5. The exact date will depend on the official start of the revetment season. The government reserves to right to release the vessel and crew of its duties before the 122 days are completed if the vessel is no longer needed. The contract may be extended up to 45 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’s homeport for the tow shall be as indicated by the Contractor in its offer documents. Towing operations are contemplated in remote locations. Camps or floating plant may be necessary for the housing or boarding of the labor employed by the Contractor.

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. All invoices shall be sent to April Branch at the following email address: April.J.Branch@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 a representative of the Contracting Officer 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.

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.

The towboat will be used an estimated 122 consecutive days during this contract period. It is expected that the towboat will generally be in use 24 hours per day, 7 days per week.

An option period of 45 days is included in this contract and may be exercised by the Contracting Officer prior to the expiration of the initial 122 days. The exercise of any option is governed by FAR 52.217-8 and the contractor shall not voluntarily extend its performance except upon written notice by the Contracting Officer of the exercise of the option under this contract.

6. Performance of Plant.

a. General. Plant as used in this contract refers to the tow, its crew, and any attendant plant and equipment the contractor requires to perform under this lease. Contractor agrees to place plant on the job meeting the requirements herein specified. The plant shall be in satisfactory operating condition and capable of safely and efficiently performing the work specified. The plant shall be subject to inspection of the Contracting Officer at all times. Award of this contract shall not be construed as an agreement on the part of the Government that plant listed by the Contractor in his bid is adequate for the performance of the work. The measure of the "capacity mailto:April.J.Branch@usace.army.mil of the plant" shall be based on actual performance of the work to which these specifications apply.

b. Unserviceable Plant. If, at any time during the life of the contract, the Contracting Officer determines that any item of plant, or part thereof, is inadequate for the service required, is not being operated at full capacity, has become unserviceable or unsafe, is incapable of efficient work, or is not being efficiently operated because of reduced or incompetent crew; he will notify the Contractor in writing. The Contracting Officer will direct that the item of plant, or part thereof, be removed from the work until the defects are corrected. However, the Contractor may substitute plant of similar capacity and power for any item of plant, or part thereof ordered removed from the work upon approval from the Contracting Officer. After the receipt of the Contracting Officer's notice, the Contractor shall expeditiously correct such defects, replace incompetent crew, or increase the size of the crew to the satisfaction of the Contracting Officer.

No payment shall be made to the contractor during the duration that the plant is deemed unserviceable.

c. Operation and Repair. The Contractor shall furnish, at his expense, all necessary labor, appliances, appurtenances, equipment, materials, subsistence, and supplies, and bear all incidental expenses to the efficient operation of his plant and equipment. The Contractor shall also bear all direct overhead and collateral expenses incident to the operation, upkeep, and repair of all items of plant. The Contractor shall maintain the plant, in good state of repair; arrange for a supply of renewal parts to be on hand when needed; and provide and maintain the crews for each item of plant employed in connection with the work.

d. Time is of the essence in the delivery of services under this Contract. 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 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 Section 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 an electronic copy of the Accident Prevention Program shall be submitted to the Contracting Officer Representative 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.

3.2.2For 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.

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.

For operational reasons, 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 meals or sleeping quarters for more than two (2) Government personnel at the same time.

13. Licensing/Certifications.

a. All contractor personnel working under this contract will need to abide by all the rules and regulations required to work on the Mississippi River from mile 0 to mile 950. The license of the corresponding personnel should be in compliance with all applicable regulations (Coast Guard).

b. 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.

c. 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.

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

e. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

f. 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 enrollment to ensure the correct information is entered into the E‐ verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 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 2000 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 up to eight (8) standard sized barges (50’ X 200’) 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.

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.

ATTACHMENT A

DATA SHEET

Name or Number of Boat, Item 0001___________________________________

Fuel Tank Capacity, Gallons__________________________________________

Freeboard (under normal working conditions), inches______________________

Lighting voltage (Indicate either AC or DC) ______________________________

Hull:

Material of Construction________________________________________ Length, feet_________________________________________________ Breadth, feet_________________________________________________ Depth, feet__________________________________________________ Draft, feet___________________________________________________ Draft, under normal operating conditions, feet_______________________ Date Built___________________________________________________ Date Last Dry-Docked_________________________________________ Minimum depth of water in which boat will operate, feet_______________

Main Engines:

Make______________________________________________________ Model/Type_________________________________________________ Age & Time since Last Overhaul_________________________________

BHP_______________________________________________________

RPM @ Continuous Duty recommended by Manufacturer_____________ Estimated Fuel Consumption/24 Hour Working Period, gallons_________

Reduction Gear:

Make______________________________________________________ Model______________________________________________________ Age________________________________________________________ Ratio_______________________________________________________

Propellers:

Diameter, inches_____________________________________________ Pitch, inches_________________________________________________

Location vessel may be inspected_____________________________________

Owner of vessel___________________________________________________

ATTACHMENT B - Form 385-18-R

SAFETY INSPECTION CHECK LIST FOR TOWBOATS & TENDERS

Date of Inspection U.S. Army Engineer District, Vicksburg, MS

Contractor or Unit Contract No. Job Description

Name of Vessel (Identification) Name of Operator (Captain)

Inspected by (Signature) Approved by (Signature)

NOTE: Corps of Engineers General Safety Requirements (EM 385-1-1) references are shown in parenthesis. Yes No Not Appl.

1. Is a valid Coast Guard certificate of inspection posted?

2. Does the boat operator have a valid Coast Guard certificate?

3. Are proper navigation and warning lights provided?

4. Is an adequate whistle, horn or warning device provided?

5. Is the maximum passenger capacity posted?

6. Is at least the number of life vest provided the same as the posted passenger capacity?

7. When crew is quartered, are two ways of exit provided?

8. Can doors be secured in either open or closed positions?

9. Are railing or grab bars provided along the sides?

10. Are stumbling hazards, deck fittings, etc., painted yellow or with yellow trim?

11. Are non-slip surfaces provided on ships ladders, decks and walks?

12. On towing vessels, is an axe provided in an easily accessible location for freeing lines?

13. Are controls, requiring operation in case of emergency, to items such as those listed below readily available and protected from accidental operation?

a. Fire extinguishing system

b. Power switches

c. Safety and fuel valves

d. Alarms

14. Are try cocks or glass tubes gages on the fuel tank? If so this is a violation.

15. Is shut off valve provided at both the tank and the engine end of the fuel line?

16. Can the shut off valve at the fuel tank be operated from outside the tank compartment?

17. Are shafts, gears, and moving parts adequately screened or guarded against contact?

18. Are hot pipes & surfaces insulted or screened?

19. Have the air tanks been tested and certified?

20. Is an adequate first aid kit available?

21. Does at least one member of crew each watch hold a valid Red Cross First Aid Card?

22. Are at least two properly fitted ring buoys and one water light provided?

23. Is a safe means to board and disembark provided?

24. Is adequate protection from the elements provided for all persons being transported by water?

25. Are the fuel fill pipe connections located outside the engine room?

26. Are the fuel tanks vented directly to the atmosphere?

27. Are the fuel vents and fill pipes provided with a catch basin having a capacity of at least 18 inches deep and having a capacity of at least 6 gallons? (Flush deck fill fitting being serviced with automatic back pressure shutoff nozzles are excluded.)

28. Is the fuel transfer system designed to receive fuel by a fixed connection if an automatic back pressure shutoff is not used?

29. Minimum of one extension ladder 12 feet or longer.

30. Is a skiff provided that is at least 12 feet in length?

31. Each tender shall have aboard at least one water pump two inches or larger in good operating condition and equipped with ample hose for pumping water from barges, boats, etc., when necessary.

32. Remarks

Section I - Contract Clauses

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated…