W912P6-16-T-0008_Chicago_Harbor_Lock_LHE.pdf

SEE ADDENDUM

(No Collect Calls)

W912P6-16-T-0008 21-Jan-2016

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

10:00 AM 25 Jan 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PAMELA J BROWN

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

W81G6653292934

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

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.

W912P6-16-T-0008

Section A - Solicitation/Contract Form

PROCUREMENT SPECIFICS

IMPORTANT NOTES REGARDING THIS ACQUISITION

1. CONDITIONS:

a) Contractor’s shall complete all items (INCLUDING THE OPTIONS) in the bid schedule, with no exceptions.

Should a contractor fail to fully complete the bid schedule, its offer will not be considered responsive to the solicitation and eligible for the resultant contract award. Therefore, the offeror’s total price for the work shall be based on the TOTAL of all BIDS and OPTION ITEMS included in the Bid Schedule; the Contractor shall enter both its unit price and extended price for EACH BID ITEM.

b) The Government intends to award all Base Bid Items to the responsive, responsible bidder submitting the lowest aggregate fair and resonable price for all items in the bid schedule.

c) Split awards or multiple award contracts will not result from this Solicitation.

2. COMPETITION: Competition for this acquisition is UNRESTRICTED.

3. EXERCISE OF OPTION ITEMS: At the Government’s discretion, it may unilaterally award any or all of the Option Items no later than 21 March 2016. For any option exercised, the option will be awarded at the price(s) set forth in the resultant contract and the work must be completed within the performance time of the contract.

4. SPLIT OR MULTIPLE AWARDS WILL NOT RESULT FROM THIS ACQUISITION.

5. SUBMISSION OF OFFERS PRICE QUOTE DUE DATE AND TIME: The Contractor SHALL PROVIDE ITS REPRESENTATIONS AND CERTIFICATIONS (SECTION K) AND PRICE QUOTE for CLIN 0001 through 0004AC in the Bid Schedule to Pamela Brown, via email Pamela.j.brown@usace.army.mil no later than 10:00AM CDT on January 25, 2016.

a) Any electronic files (EMAIL) of the quotes CANNOT EXCEED this Agency's size limit of 20MB (includes email and its attachment); files exceeding this size will be denied access to Ms. Brown’s email inbox. Be sure to include a fully completed Bid Schedule in Section B as part of your submittal.

b) Offerors are required to acknowledge the receipt of all amendments to the Solicitation on the by completing Blocks 8 and 15 of the Amendment (Standard Form 30).

c) SF 1449: Offerors shall fully complete Signature Blocks 30a., 30b., and 30c.

d) SECTION K (Representations and Certifications): The bidder must fully complete Section K of this Solicitation and submit it along with all other documents required by this Solicitation. Offers received without this Section fully completed may be rejected, considered non‐responsive and ineligible for award.

e) ALL REQUIRED SUBMITTAL DOCUMENTS (BID SCHEDULE, SIGNED QUOTE, AND

REPRESENTATIONS AND CERTIFICATIONS MUST BE SENT TO THE ATTENTION OF PAMELA J.

BROWN VIA EMAIL: Pamela.j.brown@usace.army.mil , WITH A COPY TRANSMITTED TO REGINA BLAIR VIA EMAIL: regina.g.blair@usace.army.mil

6. CONTRACT AWARD: TO BE ELIGIBLE FOR AWARD, THE CONTRACTOR MUST

FULLY COMPLY WITH THE REQUIREMENTS ABOVE. THE GOVERNMENT INTENDS TO AWARD A

FIRM-FIXED PRICE COMMERCIAL ITEMS CONTRACT. A firm-fixed-priced Commercial Items Contract will be awarded to the responsive and responsible contractor submitting the lowest aggregate price for the items included in the Bid Schedule.

7. QUESTIONS: PLEASE NOTE: INTERESTED OFFERORS MUST SUBMIT THEIR CONTRACTING

AND TECHNICAL INQUIRIES IN WRITING TO Pamela Brown at pamela.j.brown@usace.army.mil BE

SURE TO INCLUDE THE SOLICIATION NUMBER W912P6‐16‐T‐0008 AND PROJECT TITLE ON THE

SUBJECT LINE OF YOUR EMAIL.

8. The point of contact for this acquisition is Pamela J. Brown @ (312) 846-5372 or via email:

pamela.j.brown@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CHICAGO HARBOR DEWATERING ACTIVITIES

FFP

Activities associated with the loading operations at the Chicago Harbor Lock.

IMPORTANT NOTE: This project requires ONE day of Operator & Rigger Services

PERFORMANCE: The contractor will carry out these activities during the month of January 2016.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0001AA through 0001AD; the Sub-line items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-items 0001AA through 0001AD.

PURCHASE REQUEST NUMBER: W81G6653292934

NET AMT

0001AA 1 Job

LOAD HANDLING EQUIP (LHE) MOB/DEMOB

FFP

Furnish, transport and deliver Load Handling Equipment (LHE) and Rigging for loading operations at the Chicago Harbor Lock Bulkhead Storage site. Includes cost for mobilization and demobilization to furnish LHE and Rigging equipment for rental.

NOTE: PRICE SHALL NOT INCLUDE OPERATOR OR RIGGER SERVICES

FOR PERFORMANCE OF ACTUAL WORK.

Under this CLIN, the contractor is required to perform mobilization and demobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize and demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization and demobilization of all of the Contractor's equipment and labor at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

0001AB 1 Days

RENTAL OF LOAD HANDLING EQUIPMENT

FFP

Rental of LHE and Rigging

0001AC 1 Days

OPERATOR SERVICES

Load Handling Equipment operator services for loading operations

0001AD 1 Days

RIGGER SERVICES

Load Handling Equipment rigger services for loading operations

CHICAGO HARBOR DEWATERING ACTIVITIES

FFP

Activities associated with the loading operations at the Chicago Harbor Lock.

IMPORTANT NOTE: This project requires ONE day of Operator & Rigger Services PERFORMANCE: The contractor will carry out these activities during the month of March 2016.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0002AA through 0002AD; the Sub-line items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-items 0002AA through 0002AD.

0002AA 1 Job

LOAD HANDLING EQUIP (LHE) MOB/DEMOB

FFP

Furnish, transport and deliver Load Handling Equipment (LHE) and Rigging for UNLOADING operations at the Chicago Harbor Lock Bulkhead Storage site.

Includes cost for mobilization and demobilization to furnish LHE and Rigging equipment for rental.

NOTE: PRICE SHALL NOT INCLUDE OPERATOR OR RIGGER SERVICES

FOR PERFORMANCE OF ACTUAL WORK.

Under this CLIN, the contractor is required to perform mobilization and demobilization activities. The contractor will be compensated for the totality of its activities needed to mobilize and demobilize its equipment and labor force to the project site.

Payment Provisions:

The Government will pay all costs for the mobilization and demobilization of all of the Contractor's equipment and labor at the lump sum price for this item. The Contracting Officer or its Representative may require the Contractor to furnish cost data to justify its bid price for this item if the Contracting Officer deems there's no reasonable relationship to the cost of the work in this contract. Failure to justify the line item price to the satisfaction of the Contracting Officer will result in payment determined by the Contracting Officer of the actual costs, which is not subject to appeal.

0002AB 1 Days

RENTAL OF LOAD HANDLING EQUIPMENT

Rental of LHE and Rigging for UNLOADING operations

0002AC 1 Days

OPERATOR SERVICES

Load Handling Equipment operator services for UNLOADING operations

0002AD 1 Days

RIGGER SERVICES

Load Handling Equipment rigger services for UNLOADING operations

OPTION ADDITIONAL RENTAL FOR LOADING

FFP

Additional rental for LOADING operations.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0003AA through 0003AC; the Sub-line items themselves identify the its pricing separately at Sub-items 0003AA through 0003AC.

0003AA 1 Days

OPTION LOAD HANDLING EQUIPMENT & RIGGING

FFP

Additional rental of load handling equipment and rigging for LOADING operations

0003AB 1 Days

OPTION LHE OPERATOR SERVICES

Additional LHE operator services for LOADING operations

0003AC 1 Days

OPTION LHE RIGGER SERVICES

Additional LHE rigger services for LOADING operations

OPTION ADDITIONAL RENTAL FOR UNLOADING

FFP

Additional rental for UNLOADING operations.

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0004AA through 0004AC; the Sub-line items themselves identify the its pricing separately at Sub-items 0004AA through 004AC.

0004AA 1 Days

OPTION LOAD HANDLING EQUIPMENT & RIGGING

FFP

Additional rental of load handling equipment and rigging for UNLOADING operations

0004AB 1 Days

OPTION LHE OPERATOR SERVICES

Additional LHE operator services for UNLOADING operations

0004AC 1 Days

OPTION ADDITIONAL RIGGER SERVICES

Additional LHE rigger services for unloading operations

BID SCHEDULE TOTALS

AMOUNT FOR BASE WORK CLIN 0001 through CLIN 0002AD $________________

AMOUNT FOR OPTION CLIN 0003AA THROUGH CLIN 0003AC: $____________

AMOUNT FOR OPTION CLIN 0004AA THROUGH CLIN 0004AC: $____________

TOTAL BID PRICE (ITEMS 0001 THROUGH 0004AC): $ ________________

OPTION PROVISIONS:

EXERCISE OF OPTION ITEMS: At the Government’s discretion, it may unilaterally award any or all of the

Option Items no later than 21 March 2016. For any option exercised, the option will be awarded at the price(s) set forth in the resultant contract and the work must be completed within the performance time of the contract.

Section C - Descriptions and Specifications

STATEMENT OF WORK

1. GENERAL SCOPE OF WORK

The U.S. Army Corps of Engineers (USACE), Chicago District, requires the utilization of a piece of Load Handling Equipment (LHE) and the services of a LHE Operator and Rigger(s) for the loading/unloading of eleven (11) bulkheads and one (1) lifting beam onto/off of three (3) Corps of Engineers supplied deck barges. Two contingency days for loading/unloading will be optional line items in the event that inclement weather hinders crane operations. The bulkheads and lifting beam are currently stored at the Chicago District Bulkhead Storage Site located at Samson’s Slip along the south branch of the Chicago River, in Chicago, IL.

The Contractor shall be responsible for supplying an appropriately sized piece of LHE, all necessary rigging, spreader beam(s) and miscellaneous supplies to safely and efficiently load/unload the bulkheads and lifting beam onto the Corps of Engineers supplied deck barges. The Corps of Engineers shall supply a spreader beam with a working load limit (WLL) of 61 tons for the Contractors to load/unload the bulkheads and lifting beam. The Contractor shall also be responsible for providing an overall lift supervisor, LHE Operator and all Rigger(s) to execute the various activities identified under this Scope of Work.

All potential Contractors are encouraged to visit the project site to familiarize themselves with the site’s points of entry and exit, to identify all potential overhead hazards/obstructions, to observe site soil conditions and to determine the most adequate LHE staging locations. Project site visits can be arranged by contacting the Technical POCs – Jeffrey MacDonald at 312-846-5429 and/or Robert Ojala 312-860-0135 between the hours of 9AM and 5PM, Monday through Friday.

2. DESCRIPTION OF WORK

MOBILIZATION/DEMOBILZATION OF LOAD HANDLING EQUIPMENT [BASE]

The Contractor shall be responsible for supplying an appropriately sized piece of LHE, all necessary rigging and miscellaneous supplies to safely and efficiently load/unload the bulkheads and lifting beam onto the Corps of Engineers supplied deck barges. Mobilization/demobilization shall include all costs associated with the delivery of the LHE to the Chicago District Bulkhead Storage Site and the corresponding return trip of the LHE to its base of operations to include all necessary permits and fees associated with the transportation of the LHE and its support materials. Mobilization/demobilization shall also include all costs associated with the erection and teardown of the LHE equipment to include all labor to perform the aforementioned tasks. Lastly, mobilization/demobilization shall include all costs associated with completing all necessary safety plans to perform the work (i.e. Activity Hazards Analysis, Certification of Compliance for LHE and Rigging, Operator Lift Plan, etc.), all fees associated with rigging and lift beam rentals and Lift Supervisor labor.

LOADING/UNLOADING OF BULKHEADS AND LIFTING BEAM [BASE AND OPTIONS]

The Contractor shall be responsible for supplying an appropriately sized piece of LHE, all necessary rigging and miscellaneous supplies to safely and efficiently load/unload the bulkheads and lifting beam onto the Corps of Engineers supplied deck barges. The Corps of Engineers shall supply a spreader beam with a working load limit (WLL) of 61 tons for the Contractors to load/unload the bulkheads and lifting beam. The bulkheads and lifting beam are currently stored at the Chicago District’s Bulkhead Storage Site located at

Samson’s Slip along the south branch of the Chicago River, in Chicago, IL. The Contractor shall be responsible for determining the means and methods for loading/unloading the bulkheads and lifting beam onto/off of the Corps of Engineers supplied deck barges. Each bulkhead weights approximately 66,000lbs and has two lifting lugs to which the bulkheads will be picked from. The bulkheads were design such that they must be vertically picked and therefore the Corps of Engineers provided spreader beam is necessary to perform the loading/unloading operation. The lifting beam weights approximately 22,000lbs.

3. SAFETY AND HEALTH

All work specified shall be performed in accordance with US Army Corps of Engineers Safety and Health Requirements manual EM 385-1-1, 2014 Appendix A, Paragraph 3.k, Section 15, 16 and 21 where applicable for work done on Government property.

ACTIVITY HAZARD ANALYSIS

Prior to the commencement of work, the Contractor shall complete an Activity Hazard Analysis (AAHA) one (1) day prior to the commencement of work under this Scope of Work and submit for Acceptance to the Technical POC and the Chicago District’s Safety Office. The AHA should include all identified hazards associated with the work under this Scope of Work and should identify means and methods for remediation of identified hazards and all Personnel Protective Equipment (PPE) to reduce exposure to the identified hazards. Work shall not be allowed to commence until the AHA has been reviewed and accepted by Chicago District’s Safety Office. After the AHA has been accepted by the Chicago District’s Safety Office, a pre-lift meeting shall be conducted onsite between the Contractor and the Technical POC and the Chicago District’s Safety Office. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE

FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL

CERTIFICATION OF COMPLIANCE FOR LHE AND RIGGING

Prior to the commencement of work, the Contractor shall complete EM385-1-1 Form 16-1 “Certification of Compliance for LHE and Rigging” (Attachment 1) for all LHE and Rigging utilized during the activities under this Scope of Work to the Technical POC for review. THE CHICAGO DISTRICT SAFETY

OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL:

PETE.C.FLANAGAN@USACE.ARMY.MIL

OPERATOR LIFT PLAN

Prior to the commencement of work, the Contractor shall complete EM385-1-1 Form 16-2 “Standard Pre- Lift Crane Plan/Checklist” (Attachment 2) and submit to the Technical POC for review. The LHE Operator shall plan the lifts associated with this Scope of Work in advance, with particular attention to lift radii & boom angles, Load Moment Indicator (LMI) response, and expected LMI warning indicators, if any. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL:

PETE.C.FLANAGAN@USACE.ARMY.MIL

CRITICAL LIFT PLAN

If any of the lifts associated with the activities under this Scope of Work are determined to be a Critical Lift per EM385-1-1 Section 16, Subsection H, the Contractor shall complete EM385-1-1 Form 16-3 “Critical Lift Plan” (Attachment 3) and submit for Acceptance to the Chicago District’s Safety Office.

Work shall not be allowed to commence until the Critical Lift Plan has been reviewed and accepted by Chicago District’s Safety Office. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @

(312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL

FALL PROTECTION PLAN

As the lifting points on the bulkheads are over four (4) feet from ground level, the Contractor shall submit a Fall Protection Plan per EM385-1-1, Section 21 and submit for Acceptance to the Chicago District’s Safety Office. Work shall not be allowed to commence until the Fall Protection Plan has been reviewed and accepted by the Chicago District’s Safety Office. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE

FLANAGAN @ (312)846‐5340 OR VIA EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL

SECURITY

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/facility 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 (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) 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

4. LOAD HANDLING EQUIPMENT SPECIFICATIONS

LHE REQUIREMENTS

The LHE shall be of an appropriate size and lifting capacity to make all the required picks to load/unload the eleven bulkheads and lifting beam onto/off of the three (3) Corps of Engineers supplied deck barges. It is the Contractors responsibility to specify and deliver to the jobsite an appropriate size piece of LHE to complete all operations under this Scope of Work.

LHE MAINTENANCE AND CERTIFICATION

The LHE necessary to perform the activities under this Scope of Work shall be in good working condition and all necessary maintenance shall be completed prior to delivery to the Chicago District’s Bulkhead Storage Site. All certifications for the LHE delivery to the Chicago District’s Bulkhead Storage Site shall be current and shall be onsite the day(s) of operation under this Scope of Work are to take place.

LHE DELIVERY SCHEDULE

The delivery of the LHE shall be made such that the LHE is available for operation no later than 9:00AM of the rental period commencement date. The Contractor shall be given five (5) calendar days’ notice of any change in rental period commencement date specified for unloading of the bulkheads and lifting beam in the Base Contract.

The Contractor shall be paid for the mobilization and demobilization of the LHE as well as the number of days the LHE is used which shall not be less than the minimum number of guaranteed days specified. The Contractor shall be paid at the Option rate bid for each day the LHE is used beyond the minimum which shall not exceed the specified maximum number of Option days. The Contractor shall be notified the day before the expiration of the minimum use period whether the LHE is to be used for any additional days.

Late delivery of the LHE (or delivery of LHE that does not meet the requirements under this Scope of Work), or loss of use of the LHE that has not been properly maintained and/or delivered ready for operation (including safety equipment, etc.) shall cause the contract amount to be reduced on a pro-rated basis for the number of days lost until the LHE is ready for use, rounded up to the nearest whole day.

5. LHE OPERATOR AND RIGGER(S) QUALIFICATIONS

LHE OPERATOR QUALIFICATIONS

LHE shall be operated only by trained, certified, qualified and designated personnel. Proof of qualification shall be provided by the Contractor and designation shall be in writing and be submitted to the Technical POC for review on the day of loading/unloading operation. THE CHICAGO DISTRICT

SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA EMAIL:

PETE.C.FLANAGAN@USACE.ARMY.MIL

QUALIFIED RIGGER(S) QUALIFICATIONS

Any worker engaged in the duties and performance of rigging shall be a Qualified Rigger (QR). The Contractor must determine and designate in writing the QR(s) and the specific rigging tasks for which they are qualified and be submitted to the Technical POC for review on the day of loading/unloading operation. THE CHICAGO DISTRICT SAFETY OFFICER IS PETE FLANAGAN @ (312)846‐5340 OR VIA

EMAIL: PETE.C.FLANAGAN@USACE.ARMY.MIL

6. PROJECT LOCATION FOR LHE OPERATIONS

SAMSON’S SLIP

The LHE and all associated rigging and supplies shall be delivered to the Chicago District’s Bulkhead Storage Site, which is located at Samson’s Slip along the south branch of the Chicago River, Chicago, Illinois. Upon award, the Contractor shall be responsible for making all necessary arrangements for mobilization and demobilization of the LHE to and from the site. Access to the Corps of Engineers – Bulkhead Storage Site requires coordination with the Chicago District Corps of Engineers’ technical POC. The nearest local address is: 2411 S. Loomis Street, Chicago, IL 60604.

7. PROJECT SCHEDULE

LOADING OPERATION

The Contractor is responsible for making all necessary arrangements such that loading of the bulkheads and lifting beam can commence at 9AM Wednesday, January 27, 2016.

UNLOADING OPERATION

The unloading operations will commence at the conclusion of the Chicago Harbor Lock dewatering which will occur sometime between Monday, March 7th and Monday, March 21st, 2016. The Technical POC shall contact the Contractor five (5) days prior to the commencement of unloading operations. The Contractor is responsible for making all necessary arrangements such that the unloading of the bulkheads and lifting beam can commence at 9AM on the identified date of operation.

LATE DELIVERY

If the LHE is not ready for operations at the aforementioned times and dates, this instance shall constitute a late delivery, and the Contractor will be required to submit to the LATE DELIVERY provisions specified below. Delivery of a LHE that has not been properly maintained and ready for safe operation shall also constitute a late delivery, and the LATE DELIVERY provisions will apply until a safe piece of equipment is delivered and ready for operation. If an unqualified/unlicensed LHE Operator and/or Rigger(s) are dispatched to the job site to perform lifting operations, the LATE DELIVERY provisions will apply until a qualified/licensed LHE Operator and/or Rigger(s) are present on the job site and are ready to perform lifting operations. LATE DELIVERY of the LHE shall cause the Contract amount to be reduced on a pro-rated basis for the number of days lost until the LHE is ready for use, rounded up to the nearest whole day.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

52.242-15 Stop-Work Order AUG 1989

Section I - Contract Clauses

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (NOV 2015) Alternate I

OCT 2014

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2013-O0019)

DEC 2015

52.214-21 Descriptive Literature APR 2002 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-37 Employment Reports on Veterans OCT 2015 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-15 Progress Payments Not Included APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.244-6 Subcontracts for Commercial Items DEC 2015 52.252-5 Authorized Deviations In Provisions APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.209-7992 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2015 Appropriations

DEC 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within the time frames set forth at Section B of this document. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

(MAY 2014)

(a) Overtime requirements. No Contractor or subcontractor employing laborers or mechanics (see Federal Acquisition Regulation 22.300) shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

(b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause. In addition, the Contractor and subcontractor are liable for liquidated damages payable to the Government. The Contracting Officer will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).

(c) Withholding for unpaid wages and liquidated damages. The Contracting Officer will withhold from payments due under the contract sufficient funds required to satisfy any Contractor or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy Contractor or subcontractor liabilities, the Contracting Officer will withhold payments from other Federal or Federally assisted contracts held by the same Contractor that are subject to the Contract Work Hours and Safety Standards statute.

(d) Payrolls and basic records.

(1) The Contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

(2) The Contractor and its subcontractors shall allow authorized representatives of the Contracting Officer or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph (d)(1) of this clause. The Contractor or subcontractor also shall allow authorized representatives of the Contracting Officer or Department of Labor to interview employees in the workplace during working hours.

(e) Subcontracts. The Contractor shall insert the provisions set forth in paragraphs (a) through (d) of this clause in subcontracts that may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor.

Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—

(i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210. Contact email: displaced@dol.gov.

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures—

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and

(3) The recordkeeping requirements of paragraph (f) of this clause.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at

FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in…