W912P8-09-R-0108.pdf

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912P8-09-R-0108 23-Jul-2009

b. TELEPHONE NUMBER

504-862-1386

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 28 Jul 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912P8

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE B2P0000 16. ADMINISTERED BY

CONTRACTING DIV- CHIEF

CORPS OF ENGINEERS P. O. BOX 60267

NEW ORLEANS LA 70160-0267

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MELANIE N JUNKER

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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

336611

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W42HEM92023791

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

TEL: EMAIL:

2 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF 61662666

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912P8-09-R-0108

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 4 Days

FFP - DRYDOCKING, BERTHING, AND SERVICES

FOB: Destination

MILSTRIP: W42HEM92023791

PURCHASE REQUEST NUMBER: W42HEM92023791

NET AMT

0002 5 Days

OPTION FFP - DRYDOCKING, BERTHING, AND SERVICES

FOB: Destination

0003 1 Lump Sum

FFP - DOCK TRIALS

FOB: Destination

0004 3 Days

OPTION FFP - CRANE SERVICE - 10 HOURS PER DAY

FOB: Destination

PERFORMANCE WORK STATEMENT

PART 1 – GENERAL INFORMATION AND REQUIREMENT

1. WORK TO BE DONE. (Information) the Contractor shall furnish all management, supervision, labor and facilities to drydock and undocking the Dredge Wheeler. The government shall provide subcontractor to perform all repair work. Work is tentatively scheduled for early August 2009, exact date to be agreed upon between the government and the contractor. Note: Due to the safety concern at the current condition of the Dredge Wheeler with only one working starboard tailshaft, prospective bidders shall be limited to those within 180 nautical miles radius from Southwest Pass Sea Buoy, LA.

2. VESSEL DATA. (Information) The dredge WHEELER is an all-steel, sea-going hopper dredge. The dimensions of the hull are:

Length Overall 408 feet -3 inches Length Between Perpendiculars 384 feet -0 inches Breadth Molded 78 feet -0 inches Breadth at Wheelhouse Catwalks 82 feet -0 inches Registered Gross Tonnage 10,614.47 long tons Lightship Displacement 9,846.25 long tons Ballast, Fuel and Water 600 long tons (approx.)

3. CONTRACT DRAWINGS. (Information) The following drawings are included for reference to drydock and undock the Dredge Wheeler.

AVONDALE SHIPYARD (ASI) DRAWINGS

Dwg. No. Title

01-03-01 General Arrangement, Outboard Profile 01-03-02 General Arrangement, Inboard Profile 01-03-03 General Arrangement, Hold 01-03-04 General Arrangement, 2nd Deck 01-03-05 General Arrangement, Main Deck 01-03-06 General Arrangement, Upper Deck 01-03-07 General Arrangement, Poop, Fo'c'sle and Top of

Hopper 07-00-01 Docking Plan 29-01-08 Stability Booklet

4. GAS-FREEING AND GAS-FREE CERTIFICATE (If Applicable).

Before beginning any hot work or any other work involving the use of an open flame, or any other means of igniting flammables, clean and gas-free the affected spaces as required by Clause

5(e), OSHA Safety and Health Standards (29 CFR 1915), and these specifications. Spaces requiring the gas-freeing shall be "Safe for Workers - Safe for Fire (Safe for Hot Work)".

Until all hot work or all other work involving the use of an open flame or any other means of igniting flammables is completed, maintain the affected spaces in a "Safe For Workers - Safe For Fire" condition.

Test affected spaces. Testing and certification shall be accomplished by a certified chemist who is approved for this type of work by the National Fire Protection Association.

Furnish and display at the entrance to the affected spaces and at the primary gangway "Gas-free" or "Safe for Workers - Safe for Fire (Safe for Hot Work)" certificate(s). Furnish to the Contracting Officer Representative one additional copy.

PART 2 – SCOPE OF WORK

001 BERTHAGE, DRYDOCKING AND SERVICES. The Contractor shall furnish tug service to safely move the ship from adjacent area in front of the contractor’s drydock to contractor's drydock.

Thereafter, the Contractor shall provide the tug service as required while the vessel is in his possession including undocking the ship from the drydock to adjacent area where the contractor received the ship. Refer to Section F for details of delivery and return of the vessel. Delivery and return will be coordinated with the Contracting Officer Representative.

Upon receipt of the vessel, the Contractor shall drydock the vessel in order for the government’s subcontractor to perform all necessary repair. Prior to drydocking, the Contractor shall prepare a proposed blocking plan, utilizing the data on ASI Dwg.

No. 07-00-01 Docking Plan, and submit the blocking plan to the Contracting Officer Representative for approval. The drydock shall be capable of handling the vessel, meeting the draft requirements listed below without the removal of fuel or water.

The following are current ship’s draft and drydock requirement:

• The ship will arrive at the contractor drydock at the draft of 22 feet aft and 18 feet forward.

• The blocks on the drydock must be minimum of four (4) feet high. With the Wheeler landed, the drydock shall have a minimum freeboard of 1 foot – 0 inches.

• During drydocking and undocking process, there must be a minimum of one (1) foot clearance between the bottom of keel plate and the top of the blocks.

During the drydocking and undocking procedures, the Contractor shall provide the services of tugboats and all line handlers (aboard and ashore) and all required lines.

DRYDOCK SUBMITTALS -- Unless specified otherwise, at least forty eight (48) hours prior to docking/undocking the vessel, submit to the Contracting Officer Representative the following:

Drydock certification submittal. Prior to award of the Contract, submit to the Contracting Officer certification for the drydock or tentative drydocks to be used to lift the vessel. Ensure that the drydock is certified for docking the vessel of the dimensions and weight given by one of the following:

(1) US Navy, Naval Sea Systems Command

(2) American Bureau of Shipping (ABS)

(3) An independent registered Professional Engineer, who shall cover the inspection requirements of item (1) or (2) above.

The Inspection Certificate shall be within three (3) years if the age of the dock is less than ten (10) years old and within two

(2) years if the age of the dock is over ten (10) years old.

Note: Floating drydocks shall be one integral unit. The Government will not allow the coupling of two rated docks to meet the load requirements of the vessel.

Stability and block loading calculations. Submit to the Contracting Officer Representative docking/undocking calculations as follows, including the effect of all dockmaster authorized weight additions/removals or shifts as the result of ship's actions or the contract scope of work.

(1) Blocking

(2) Stability of the vessel afloat

(3) Vessel Stability for keel touch

(4) Draft at Instability

(5) Vessel's GM when water is at top of blocks

(6) ** System Stability when water is at top of blocks

(7) ** System Stability when pontoon deck is awash

(8) ** System Stability when pontoon deck breaks surface

(9) ** Pumping Plan

** Submit for Floating Drydocks Only

Documentation of drydocking significant events. The Contractor shall submit the following information in a separate written report to the Contracting Officer Representative within 48 hours after docking and undocking the vessel.

The precise time that the vessel's first extremity crossed the drydock boundary upon docking. The precise time that the vessel's last extremity crossed the drydock boundary upon undocking. The forward and aft draft readings just before docking and immediately after undocking.

Dockmaster. The dockmaster assigned by the Contractor shall provide a resume of training and experience and meet one of the following criteria:

(1) Has served as a dockmaster at the type of facility for which the individual is qualified during at least 10 dockings or undockings, of which one has been accomplished within the previous 6 months.

(2) Has served under a dockmaster in an apprentice/assistant role during at least 20 dockings or undockings, of which 10 have been performed at the type of facility for which the individual is qualified.

One docking or undocking shall have been conducted within the previous 6 months.

(3) Has served under a dockmaster in an apprentice or assistant role during at least 10 dockings or undockings and has served as a dockmaster at the type of facility for which the individual is qualified during at least 5 dockings or undockings, of which one has been accomplished within the previous 6 months.

Immediately after drydocking, provide and install temporary scupper drains and sewage pumpout lines of suitable sizes from the drains and overboard discharge lines, as required to prevent water draining down the ship's sides. Leave temporary drain lines connected throughout drydock. Remove all drain lines after completion of drydock work. Also leave hoppers and hopper areas clean and leave dredge ready for undocking. The Contractor shall be responsible for disposing of sewage treatment plant effluent.

INSPECTION POINT. Prior to undocking the vessel, a pre-undocking conference shall be held with representatives of the contractor, government Inspectors, government’s subcontractor and ship’s crew in attendance. The plan for undocking shall be reviewed and agreed upon. The Contractor and a representative of the Contracting Officer will perform a joint pre-undocking inspection in accordance with the checklist provided in attachment J-1, to ensure that the vessel is in all respects ready to be re-floated.

The checklist (only applicable items) shall be completed by the Contractor, verified by the Government. Undock the vessel, after all underwater work and the pre-undocking inspection have been completed.

When necessary, while the vessel is in the Contractor’s possession, provide berthing for the vessel. The Contractor shall provide all mooring lines and fenders sufficient in strength, quantity, location and quality to prevent damage to the vessel and the dock. Provide all necessary labor, material, services and equipment as required to safely move the vessel while it is in Contractor's facility. Bollards used for the WHEELER shall not be shared with other ships.

Provide services to the dredge in accordance with the requirements of paragraph H-2 at all times while the vessel is moored or drydocked within the Contractor's facility. The Master or Senior Officer aboard the vessel must be notified whenever firefighting/damage control capabilities are reduced significantly, such as when the CO2 system is taken off line.

The Contractor shall also inform the Master or Senior Officer when these services are returned.

If there is any sandblasting work within 100 yards from the ship, the contractor must cover the stacks and secured in such a manner as to withstand high winds. There are four (4) main engines and three (3) ship's service generators which will need covers.

After all work has been completed and prior to starting the engines, the covers must be removed.

002 DOCK TRIALS (INFORMATION). When all work has been completed by the government’s subcontractor, the vessel shall be subjected to dock trials listed herein to make necessary adjustments and determine that the work performed meets the requirements of the specifications. All tests and trials shall be conducted by the ship crew under the witness of the government, and appropriate technical service representatives (if applicable). The dock trials shall be conducted between 0600 and 1800 hours.

002.1 DOCK TRIALS. Dock tests shall be conducted at a wet dock not less than 600 feet long, equipped with sufficient mooring bitts of adequate strength to hold the vessel securely to the dock. The contractor shall provide extra mooring lines (onboard and ashore) to secure the ship properly in preparation for the dock trials.

The Propulsion machinery shall be operated by the ship crew at the dock from stop to half ahead and from stop to half astern.

Machinery shall be brought up to speed and reduced in speed in a manner that will not cause damage to any equipment or the dock.

During this trial, each engine room, central control station and pilothouse control shall be exercised in each direction. Up to 10 hours may be required to complete the dock trials.

Upon completion of dock trials and final acceptance by the Government, the vessel will be returned to the Government in accordance with paragraph F-2.

PART 3 – QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. This section identifies the method of surveillance the government’s Quality Assurance Personnel (QAP) will use to verify the quality of the contractor’s performance. Surveillance methos is periodic inspection (in addition to the scheduled inspection as called out in the work statement above).

2. Re-performance of unacceptable services at no additional cost is the preferred course of action when appropriate.

3. Method of surveillance will be 100% inspection by the QAP.

Surveillance will be performed as specified in the Service Delivery Summary (SDS) in paragraph 5 below.

4. Where appropriate, methods for administering and evaluating services not included in the Service Delivery Summary are to be developed by the QAP.

a. The government retains the right to inspect required tasks not shown on the Service Delivery Summary. Inspection of these services will be in the same general manner as SDS items. The results of these inspections shall be documented. Any results that require minor corrective actions, the government inspector shall discuss the deficiencies with the appropriate shipyard personnel. Any major deficiency shall be provided to the contracting officer for action.

b. The following non-SDS items may be observed periodically during the contract period.

* Work manner of employees.

* Services provided per section H-2.

5. Service Delivery Summary

Performance Objectives

PWS

Reference

Surveillance

Method

Performance Threshold

All general contract requirements are complied without deficiencies.

Part 1 (General

Information

Requirement) Items 1 to 4

100% visual inspection of work site

Zero (0) defects allowed.

100% Re-performance of all defective work is required. Other remedies allowed by FAR Clause 52.212-4 also apply.

All required service for drydocking and other berthages services are provided in a timely manner without deficiencies.

Part 2 (Scope of Work)

Item 001

100% visual inspection and operation of affected equipment

Zero (0) defects allowed.

100% Re-performance of all defective work is required. Other remedies

All required service for dock trials are complied without deficiencies.

Part 2 (Scope of Work)

Items 002

100% visual inspection and test run of all applicable equipment

Zero (0) defects allowed.

100% Re-performance of all defective work is required. Other remedies

DELIVERIES AND PERFORMANCE

F-l DELIVERY OF VESSEL. The Government shall deliver the vessel to the area in front of the Contractor's drydock. Exact date shall be agreed upon between the contractor and the government.

For the purpose of computing the drydock time, the closest hour that the vessel is placed in control of the Contractor's tug boat, or delivered by the Government to the Contractor's shipyard, shall be considered as time of commencement. Tug service to be provided under the performance work statement, part 2 – scope of work, item 001.

F-2 RETURN OF THE VESSEL. The time of returning the vessel to the Government shall be the closest hour after acceptance of the vessel by the Government.

F-3 DELIVERY SCHEDULE. The drydock time shall be four (4) days with five (5) optional days. Note: see section H-2g for more information on crane service.

CONTRACT ADMINISTRATIVE DATA

G-1 Contract Administration will be performed by the Contracting Officer, U.S. Army Corps of Engineers, Procurement Branch, CEMVN- CT-P, Post Office Box 60267, New Orleans, Louisiana, 70160-0267.

Contract Administrator assigned is Hung Quach, Phone (504)862- 1150.

SPECIAL CONTRACT REQUIREMENTS

H-1 SAFETY:

a. Fire Prevention Plan. The Contractor shall conduct a fire fighting and fire prevention conference aboard ship with the ship’s officers within two days after arrival of the ship in the Contractor's drydock. The municipal fire department whose jurisdiction includes the Contractor's facility shall be notified in writing of the projected date for ship arrival in the Contractor's facility. Notification shall include name of ship and planned ship's berthing/drydock at the time of entry into the Contractor's facility.

A conference shall be held with the shipyard superintendent, shipyard safety representative, contracting officer representative, captain and chief engineer in attendance to establish liaison and to review the fire fighting plan. The purpose of the conference is to familiarize (a) the ship's force with the Contractors procedures for fire fighting and fire prevention, (b) all parties with the scope of work and ship conditions that have significance in fire prevention and fire fighting. The fire fighting and fire prevention plan shall be as required by the contract and conference and shall cover:

(1) Name, type and location of ship and shipyard.

(2) Duration of time for which the ship will be at drydock and/or wetberth location.

(3) Response procedures.

(4) Manning practice including size and location of duty watch and proximity of fire fighting crew’s berthing quarters to the ship.

(5) The Master or Senior Officer aboard the vessel must be notified whenever firefighting/damage control capabilities are reduced significantly, such as when the CO2 system is taken off line. The Contractor shall also inform the Master when these services are returned.

b. Oil Boom. The Contractor shall install and maintain an oil boom around the vessel while it is at the wet dock, and around the drydock when the ship is drydocked to contain any contaminants washing over the sides during the repair period.

H-2 SERVICES TO BE FURNISHED BY CONTRACTOR. Costs for services are to be included in the bid price for item 001 (Berthing, Drydocking and Services). While the vessel is in the custody of the Contractor, he shall furnish the following:

a. Power and Lighting: A continuous 480 volts A.C., 3-phase, 60 Hz source using a 3-wire system shall be supplied by the Contractor to the shore power connection boxes on the poop deck of the vessel. Shore power will be operational within 8 hours of reaching the Contractor's wet or dry dock. This system shall provide at the minimum 480 volts at 700 amperes at the switchboard. Shore power cables shall be of a sufficient size to carry a minimum of 800 amps. Placement of a skid-mounted generator onboard the ship will not be acceptable. If the Contractor fails to provide adequate electrical shore power to the dredge, the Contracting Officer or his authorized representative may stop all work until this problem is corrected.

At no time shall this be a cause for extension of contract time or additional cost to the Government.

b. Record of Power Furnished: If requested by the Government, furnish a record of Power (voltage, amperage, and frequency) supplied during any period which the vessel is connected to the Contractor’s shore power system with sufficient data to tell if spikes or low voltage events occurred.

c. Air and Water: Supply the vessel on a 24-hour per day basis with the following:

* Potable water certified for human consumption at a minimum of 100 gallons per minute at 50 psi with a relief valve set at 70 psi.

* Firemain water at a minimum of 400 gallons per minute at 100 psi with a relief valve set at 140 psi.

* Two (2) 2-inch minimum diameter fresh cooling waterlines (supply) for air conditioning and refrigeration at a minimum of 250 gallons per minute at 35 psi with a relief valve set at 60 psi. The contractor shall provide two (2) 2-inch discharge lines to the drydock.

Notes: One (1) supply line and one (1) discharge line shall be used at all times during the entire drydock duration. The other two lines (supply & discharge) shall be reserved and shall be used by the government if extra cooling capacity is needed. All supply and discharge lines shall be provided complete with connections to the ship’s chilled water units. The contractor shall coordinate with the ship crew to route all lines.

* Dry, filtered compressed air at a minimum of 100 cubic feet per minute at 100 psi and dew point 30 degrees F.

d. Gangways. Two (2) safe and convenient gangways must be provided at all times. The gangways shall both be located on the same side of the vessel, one must be sufficient in length (or height, if vertical stair tower is used) to reach the poop deck (forward of the house structure). Gangways should have sides which are enclosed with wire mesh or canvas to a height of 42 inches above the walkway. Size of mesh shall be to provide adequate protection. If approved by the Contracting Officer Representative, a gangway without completely closed sides may be used. In this case the gangway must have metal handrails to a height of 42 inches above the walkway and be complete with a safety net installed not more than 6 feet below and not less than 4 feet on each side for the entire length of the gangway. All gangways shall be installed within two (2) hours of the time the vessel is moored or drydocked (dry), including all appropriate safety features.

e. Lighting. The Contractor shall ensure that all work areas and walkways are adequately lit, particularly during hours of darkness.

f. Sanitation: The contractor shall provide a leak proof dumpster, to be placed on the port side, poop deck level, forward of the house. Trash dumpster must be emptied daily. All trashes generated by the contractor’s workers must be cleaned and removed daily. Also, furnish, install and maintain bypass lines and divert the discharges from the drains and plumbing systems overboard through hoses or pipes and fittings installed on the hull. This discharge must be diverted to an approved facility ashore and must be provided on a 24-hour a day basis.

g. Crane Service: The contractor shall provide ten (10) hours of crane service, including operator, for up to 3 days while the ship is on the drydock. The services shall be requested in advance by the Contracting Officer’s Representative and shall be for the purpose of repairing the vessel. If additional optional day(s) are used, the contractor shall provide ten (10) hours of crane service with operator each day also. Refer to the bid schedule for optional crane service line item.

h. Parking: Provide ten (10) assigned parking spaces (with security gate passes) in a close, safe proximity to the dredge for Government inspection personnel and dredge crew members staying on board the vessel.

i. Gangway Watch Shack: The ship's gangway shack shall be placed so that both gangways can be monitored. The shack should have an easy view of both gangways. It should be provided with 120 VAC. shore power. It should be located on the dock off of the ship free from the danger of falling objects and excessive overhead lifts.

j. Bilges: The contractor must pump all fluid and clean debris, generated from the hub/oil tubes work, from all bilges in the lower generator room and the lower auxiliary machinery room every two days. Before undocking, the contractor shall perform the final pumping and debris cleaning of all the bilges mentioned above.

H-3 WORK PERFORMED BY THE GOVERNMENT. The Government shall provide subcontractor to perform all necessary repairs while the vessel is in the contractor’s facility.

H-4 SHIP'S CREW: The crew will remain aboard the WHEELER throughout the shipyard repair period as during normal operations. The majority of the crew will be on duty from 7:00 a.m. to 5:30 p.m. daily, including Saturdays and Sundays, engaged in various work assignments, with only a nominal "security watch" on duty from 5:30 p.m. to 7:00 a.m. To the maximum extent practicable, work producing high noise levels will be scheduled only between the hours of 7:00 a.m. to 11:00 p.m. daily.

H-5 INDEMNIFICATION FOR ACCESS TO VESSELS: Notwithstanding any provision of Clause 252.217-7011, Section I, "Access to Vessels", or any other clause of the contract, the Contractor agrees to allow officers, employees, and associates of the Government, or other prime Contractors with the Government and their Subcontractors, and officers, employees, and associates of offerors on other contemplated work, admission to the Contractor's facilities and access to the vessel without any further request for indemnification from any party, which has not been previously included in the contract price.

H-6 NON-SMOKING AREAS. In conjunction with Department of the Army policy, all interior spaces on the Dredge WHEELER have been designated NON-SMOKING AREAS. Smoking will be allowed on exterior decks only.

ACCIDENT PROTECTION.

a. All work performed under this contract shall be in accordance with the requirements of the U.S. Army Corps of Engineers Safety Manual, EM 385-1-1, most current edition, and other safety requirements specified herein.

b. Accident Prevention Program. After award but no later than the pre-work conference, four copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and approval. The program shall be prepared in the following format (entitled “List of Attachments”):

(1) An executed LMN Form 385-43R, Accident Prevention Program Administrative Plan.

(2) An executed LMN Form 385-6R, Accident Prevention Program Hazard Analysis.

(3) An executed LMN Form 385-7R, Accident Prevention Plan Checklist – Administrative Section.

(4) A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees.

SECTION J

LIST OF ATTACHMENT

Attachment No. Description

J-1 Checklist for Undocking J-2 Accident Prevention Program Administrative Plan LMN Form 385-43R J-3 Accident Prevention Program Hazard Analysis LMN Form 385-6-R J-4 Accident Prevention Plan Checklist Administrative Section, LMN Form 385-7-R

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001-

Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001-

01 AUG 2009 CONTRACTING DIV- CHIEF

CORPS OF ENGINEERS P. O. BOX 60267

NEW ORLEANS LA 70160-0267

FOB: Destination

B2P0000

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 52.246-16 Responsibility For Supplies APR 1984 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.217-7011 Access to Vessel DEC 1991 252.217-7012 Liability and Insurance AUG 2003 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (m) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is,…