A22_-_W912EQ-19-Q-0043.docx

W912EQ19Q0043

SEE ADDENDUM

(No Collect Calls)

W912EQ19Q0043

27-Aug-2019

b. TELEPHONE NUMBER 901-544-3343

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 13 Sep 2019

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

X

ARE

26. TOTAL AWARD AMOUNT (For Govt. 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.

W912EQ

9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTOPHER P WHITE

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

PAGE 1 OF

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W38XGR91824422

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 BUSINESS

X 17a.CONTRACTOR/

CODE

FACILITY

OFFEROR

CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

CHRISTOPHER WHITE

167 N MAIN STREET

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

CODE

15. DELIVER TO

CODE

W38XGR

16. ADMINISTERED BY

12. DISCOUNT TERMS

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

X

W2R9 ENDIST MEMPHIS

USACE ENSLEY ENGINEER YARD

MEMPHIS TN 38109-3018

TEL: (901) 785-63552

FAX:

TEL:

901-544-3343

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

336611 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/ SERVICES

ITEM 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 OF

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

FINAL

PARTIAL

COMPLETE

36. PAYMENT

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER

39. S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42a. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 42c. DATE REC'D

(YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY

UNIT

22.

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

FY 19 REPAIRS FOR THE 5801 DRYDOCK

FFP

FOB: Destination

MILSTRIP: W38XGR91824422

PURCHASE REQUEST NUMBER: W38XGR91824422

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Repair of Dry-Dock 5801

1. GENERAL: This is a non-personal services contract to repair Dry-Dock 5801 to Original design specifications. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to repair the Dry-Dock 5801 as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Dry-Dock 5801 partially sank while undocking, and this led to extensive direct and collateral damage that needs to be repaired.

1.3 Objectives: The Contractor shall repair the issues listed in the scope of work in Part 5.

1.4 Scope: The work consists of providing all labor, specialty tools, and materials necessary to repair Dry-Dock 5801 to the original specifications. See Part 5 for detailed scope information.

1.5 Period of Performance: All work required under this contract shall be completed by 8 months following contract award. If additional time is needed, this must be agreed upon by the Contracting Officer and contractor.

1.6 General Information: Dry-Dock 5801 is located at Ensley Engineer Yard (EEY), 2915 Riverport Rd Memphis TN and shall be towed by the contractor from EEY to the contractor’s facility; and returned back to EEY once all repairs are complete.

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

QUALITY ASSURANCE SURVEILLANCE PLAN

For Dry-Dock 5801

This Quality Assurance Surveillance Plan (QASP) is provided for the repair of Dry-Dock 5801, the level of performance expectations and how the designated government personnel will confirm the services provided as acceptable. The methods of surveillance and procedures may change after contract award based on acceptance of the contractor’s Quality Control Plan or a partnering agreement which establishes the metrics to be used, or improve contractor performance.

The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved.

The following table is established to measure compliance of quality assurance:

Threshold Acceptable Quality Level (AQL) Method of Surveillance

PRS # 1.

Repair Dry-Dock 5801

Acceptance.

Random Inspections

PRS # 2

Contractor shall complete performance NLT 8 months following contract award.

Surveillance of Work Compared to Schedule

PRS # 3

Contractor shall receive Contracting Officer’s approval for any changes in scope and price in advance of performance

Inspections

PRS #4

The Contractor’s supervisor and/or foreman will be on site at all times

Surveillance

Compliance Level and Date. This column is used to determine whether the deliverables required meet the Acceptable Quality Level on the QASP. It will be used to provide documentation for deficiencies requiring payment adjustment or other action from the contractor. The compliance block is filled out using a color code (Green, Yellow or Red):

1. Green = Deliverable required has been met in a satisfactory manner.

1. Yellow = Deliverable required is not being consistently met satisfactorily; attention is needed in certain areas.

1. Red = Deliverable is not being met.

1.6.2 Recognized Holidays: The contractor will not be required to provide service on Federal holidays. Federal holidays are:

1.6.3 Hours of Operation: Contractor hours of operation must be coordinated with and agreed upon by Contracting Officer’s Representative (COR) and contractor.

1.6.4 Place of Performance: Dry-Dock 5801 will be towed by the contractor from Ensley Engineer Yard to a certified dry dock that has a capacity to safely perform repair work to Dry-Dock 5801, and then the contractor will tow Dry-Dock 5801 back to EEY when all repair work is complete. Government personnel assigned with oversight of this project are to have full access to the work site at all times during execution of work.

1.6.5 Site Visit: It is highly recommended that contractors attend the scheduled site visit prior to submitting a quote. Site visit is scheduled for 10:00 A.M. CST, August 29, 2019, USACE Ensley Engineer Yard, 2915, Riverport Road, Memphis, TN 38109. Interested parties may e-mail their name and company information to Kevin.J.Woods@usace.army.mil no later than 4:00 P.M. CST on August 28, 2019. All contractors and government personnel will meet at the EEY Administration Building. The contractor will be responsible for the repair of various items on Dry-Dock 5801.

1.6.6 Type of Contract: The government will award a Firm Fixed Price purchase order.

1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use, if needed.

1.6.7.2 Key Control N/A

1.6.7.2.1. N/A

1.6.7.2.2. N/A

1.6.7.3 N/A

1.6.8 Special Qualifications: None.

1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.10 Contracting Officer Representative (COR): The (COR) will be Michelle Williams-Newsom, Assistant Chief of Plant Section. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Michelle Williams-Newsom, Assistant Chief of Plant Section, Kevin Woods, Chief of Plant Section, and Nicholas Schrup, Maintenance Planner. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday thru Friday except Federal holidays.

1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The name and contact information of the supervisor/foreman that will be on-site must be provided to the COR at the commencement of work. Should this information change the COR is to be notified immediately.

1.6.13 Contractor Travel: N/A

1.6.14 Other Direct Costs: None

1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.17 PHASE IN /PHASE OUT PERIOD: N/A

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

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

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

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

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

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

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

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

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

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

2.1.12. WORK WEEK. Is defined as the days of the week that the Contractor provides services in accordance with the contract.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Items and Services: The Government will provide a replacement port-side control house structure to be installed and completed by the contractor. Contractor must take delivery of the replacement control house structure EEY at the same time as the Dry Dock #5801.

3.2 Facilities: N/A

3.3 Utilities: N/A

3.4 Equipment: N/A

3.5 Materials: N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the repair of Dry-Dock 5801 as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract. Contractor is to provide an on-site supervisor on the jobsite for the duration of the job. The contractor will be responsible for damages and repairs to any Corps of Engineers equipment associated with the project.

4.2 Secret Facility Clearance: N/A

4.3. Materials: Any “Or Equal” material proposed by the contractor will be submitted for prior approval by the Contracting Officer’s Representative. (SEE SCOPE OF WORK IN PART 5)

4.4. Equipment: (SEE SCOPE OF WORK IN PART 5)

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall repair the items listed below on Dry-Dock 5801 to the design specifications provided by USACE. DD-5801 is currently located at Ensley Engineer Yard at 2915 Riverport Road, Memphis, TN 38109.

5.2. Task Heading. Repair of Dry-Dock-5801

5.2.1. Scope of Work.

-The contractor must provide USACE a schedule of all work listed below.

-The Contractor must tow DD-5801 from Ensley Engineer Yard, 2915 Riverport Road, Memphis TN 38109 to a dry dock that is certified to lift a 320’L x 106’W x 25.5’H dry dock that weighs approximately 1651 LTons when dry.

- The Contractor is responsible for ensuring Dry-Dock 5801 is 100% functioning to the design specifications provided by USACE.

-The contractor must return DD-5801 to Ensley Engineer Yard once all repair work is complete.

-The contractor must provide as-built drawings if any modifications are made during repair work.

MECHANICAL

The Contractor will replace all parts listed below in table 1. All replacement parts shall be as specified in the drawings or an approved equivalent, which must be submitted for prior approval by the Contracting Officer’s Representative. All parts of similar size and function must be of the same manufacturer and model. The contractor will be responsible for any modifications for mounting the new parts. All flooding and unwatering systems must by hydrostatically tested to 50 psig with clean fresh water for a minimum of 15 minutes, with no weeps or leaks allowed.

Table 1.

BILL OF MATERIAL

The manufacturer must supply and install all parts in table 2. The contractor shall oversee and remains responsible for the replacement and calibration of the parts listed below in table 2.

Table 2.

BILL OF MATERIAL

JOWA USA 1873201

PAINT

The contractor must sandblast and paint all internal and external surfaces on Dry-Dock 5801 using the paint schedule listed below in table 3. This is to include surfaces above any dry docking blocks or other structures used to retain Dry-Dock 5801 at the contractor’s facilities.

SURFACE PREP: All new steel shall be blasted to near white metal in accordance with SSPC-SP-10 prior to coating. All existing external steel shall be commercial blasted in accordance with SSPC-SP-6 prior to coating. The existing interior steel shall be commercial blasted in accordance with SSPC-SP-6.

PAINT: All paint treatment shall be in accordance with the paint manufacturer’s specifications and the requirements of SSPC-PA-1. Materials not to be painted include stainless steel, aluminum, galvanized steel, and varnished wood. Colors of finish coatings shall conform to federal standard 595, colors and identification numbers.

Table 3.

PAINT SCHEDULE

16 MESH ALUMINUM OX. BROWN NON SKID

16 MESH ALUMINUM OX. BROWN NON SKID

INSPECTION: The contractor shall provide the services of a qualified marine coatings inspector from the relevant paint manufacturer. The inspector must be present at all times when paint is being applied. The inspector shall complete the test data sheet for each paint schedule compartment prior to the application of each coat. The test data sheet shall contain the following information: Date and Time, Atmospheric conditions, suitability of surface to receive coating, appropriateness of temperature, humidity and ventilation, suitability of equipment, contractor’s QC representative.

ELECTRICAL

The contractor must demolish and dispose all existing electrical components and equipment install new electrical/electronics in the dry dock, including both control houses as well as all wiring to pumps, valves, and sensors, according to the design drawings provided by USACE; except for items expressly exempted in the specifications or drawings provided. All workmanship and materials are to be in accordance with IEEE STD 45, NEC and ABS river rules and U.S. Coast Guard electrical engineering regulations (46cfr110 thru 113). All electrical panels, boxes, and cabling should be NEMA 3R rated. All wire should be marine grade copper with aluminum bracing.

HVAC systems are to be removed and properly disposed of by the contractor, but are not to be reinstalled or replaced as part of this contract (HVAC will be installed later by others). Patch all voids in any bulkhead, wall, deck or divider resulting from the removal of the mechanical and electrical components relating to the HVAC systems. All such patches shall be flush with and blend into the surrounding surfaces.

STRUCTURAL

The contractor must ensure that the dry dock conforms to the specifications provided by USACE and meets ABS certification standards, which may include but is not limited to measuring the steel plating of the entire hull and weather decks using nondestructive testing equipment. The contractor must replace all damaged or non-conforming steel plate, structural steel, and wood dock bumpers necessary to meet these requirements. For the purpose of bidding, the contractor shall assume that 160 Ltons of steel will need to be replaced, the cost of which shall be included in the bid. If additional steel beyond the 160 Ltons needs to be replaced to meet ABS certification, the increased requirement will be treated as a Change under the FAR.

MATERIAL: All steel plate and structural steel must be ABS grade A. All wood must be solid oak.

WORKMANSHIP: All welding must be in accordance with ABS river rules.

DOORS, WINDOWS, HATCHES, MANHOLES, DECK FITTINGS, AND INSULATION.

The contractor is responsible for replacing all damaged items necessary to conform to the specifications and drawings provided by USACE. All insulation for the walls and ceilings of the control houses shall be demolished, replaced, or installed with Quick Cure e-84 class 1 fire retardant, closed cell foam, or its approved equivalent. All insulation shall be trimmed flush with metal bracing on interior of control houses.

FINAL INSPECTION:

All work performed shall be jointly inspected by the Contractor and the Contracting Officer or his or her designated representative. This shall include a full test of the dry dock operation at the contractor’s facility and a final inspection of all work and systems after delivery to EEY. Repeat inspections resulting from the failure of the contractor’s work to conform to the contract requirements will be performed at no cost to the Government.

WARRANTY:

The contractor shall warranty all work, labor and material for a 2-year period following final project acceptance.

SAFETY REQUIREMENTS:

Contractor and all subcontractors are required to adhere to Corps of Engineers safety policies as listed in EM 385-1-1 during performance of this contract. Safety information can be obtained from Robert Shover, Safety Officer, at 901-544-3150.

ACCIDENT PREVENTION PROGRAM:

Prior to work commencement, the contractor’s site-specific accident prevention plan is to be reviewed and found acceptable by the designated Government personnel. The US Army Corps of Engineers, Safety and Health Requirements Manual, EM 385-1-1, 30 November 2014, Appendix A provides a Minimum Basic Outline for accident prevention plans. Prior to the project beginning, a safety conference with the Corps’ representative and Safety Officer will be held with the Contractor’s Employees. At a minimum, fall, respirator, eye protection, confined space requirements per 29 CFR 1910.120 and 1910.146, and the contractor’s site-specific accident prevention plan will be discussed in a pre-start up conference.

ACCIDENT INVESTIGATIONS AND REPORTING: Report all accidents immediately to the Contracting Officer or Contracting Officer’s Representative (COR). Additionally, the contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the Contracting Officer, on ENG Form 3394, as soon as possible but no later than two [2] working days following the accident. Implement corrective actions as soon as reasonably possible.

Supervisor’s Responsibilities: For job related injuries which require medical treatment, a supervisor of the injured employee shall accompany the injured employee to the medical treatment facility and explain the employee’s regular duties and the availability of “Light Duty” so the injured employee can return to work as soon as medically possible.

MACHINERY AND MECHANIZED EQUIPMENT:

All equipment shall be inspected prior to use on this contract. All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site for use. Documentation of equipment inspections shall be made available to the Contracting Officer upon request. All equipment shall be properly guarded.

FIRST AID/CPR REQUIREMENTS:

At least one employee shall be certified in CPR and first-aid pre shift/per site. Proof of certification shall be provided to the COR.

ENVIRONMENTAL CONCERNS:

The Contractor will be responsible for the following environmental concerns:

Contractor is responsible for and must document containment and disposal of all waste generated during the project. Waste must be disposed of in accordance with EPA regulations.

No waste of any kind is to enter the water. If contamination occurs, it will be the contractor’s responsibility for immediate remediation.

SECURITY REQUIREMENTS:

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 or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshall 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 installation or facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The vendor must ensure that the Candidate has two valid forms of Government issues 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.

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.

CONTRACTING OFFICER /CONTRACTING OFFICER’S REPRESENTATIVE

CONTRACTING OFFICER’S REPRESENTATIVE:

The Contracting Officer’s Representative, or COR, is appointed by the Contracting Officer as the representative overseeing contractor operations. 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 statement of work and the contract. The Contracting Officer's Representative is not authorized to waive or alter in any respect any of the terms or requirements of the contract, or to make additional requirements.

CONTRACTING OFFICER:

The Contracting Officer is the only Government representative with the authority to bind the Government and make changes to the contract. Any changes to the contract involving an increase or decrease in funds or performance period will be issued by formal contract modification.

5.3. CONTRACTOR MANAGEMENT REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://ecmra.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

6.1. COMPLIANCE DOCUMENTS

The Contractor shall be aware of the following list of Compliance Documents, necessary for successful completion of this requirement.

- EM-385-1-1: Army Corps of Engineers, Safety and Health Requirements Manual, 30 November 2014

- SSPC-PA-1

- ABS river rules

- IEEE STD 45

- 46cfr110 thru 113

6.2 CONTRACTOR SUBMITTALS

The following list of submittals will be provided to the Contracting Officer’s Representative as required.

Accident Prevention Plan Accident Investigation Forms, as required CPR Certifications MSDS Submissions Accident Investigation Forms, as required

The following shall be submitted with the contractor’s proposal.

· PRODUCT DATA

PART 7

ATTACHMENT/TECHNICAL EXHIBIT LISTING

1. Attachment/Technical Exhibit List:

0. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

TECHNICAL EXHIBIT 1

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

Threshold Acceptable Quality Level (AQL) Method of Surveillance

PRS # 1.

Repair Dry-Dock 5801

Acceptance.

Random Inspections

PRS # 2

Contractor shall complete performance NLT 8 months following contract award.

Surveillance of Work Compared to Schedule

PRS # 3

Contractor shall receive Contracting Officer’s approval for any changes in scope and price in advance of performance

Inspections

PRS #4

The Contractor’s supervisor and/or foreman will be on site at all times

Surveillance

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Section F - Deliveries or Performance

DELIVERY INFORMATION

24-MAY-2020

USACE ENSLEY ENGINEER YARD

2915 RIVERPORT ROAD

MEMPHIS TN 38109-3018

901-785-6355 FOB: Destination

W38XGR

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of…