W912P8-09-T-0200.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-T-0200 03-Sep-2009

b. TELEPHONE NUMBER

504-862-2863

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 10 Sep 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 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRAD M DIGGS

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: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W42HEM92307365

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:

1 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 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

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

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

FFP - SHIPYARD REPAIRS TO THE TOWBOAT BIENVILLE IN

ACCORDANCE WITH THE ATTACHED SPECIFICATIONS.

FOB: Destination

PURCHASE REQUEST NUMBER: W42HEM92307365

0001AA FFP - 1.5 Drydocking 1 Lump Sum

0001AB FFP - 1.6 Gas Freeing and Gas Free Certificate

1 Lump Sum

0001AC FFP - 1.7 Propellers and Propeller Shafts

0001AD FFP - 1.8 MSD

Overboard Discharge

0001AE FFP - 1.9 Keel Coolers 1 Lump Sum

TOTAL: $__________________________

NOTES:

1. Prospective bidders are encouraged to examine the vessel prior to the bid opening. Specific dates for examining the vessel will be scheduled by Mr.

David G. Pickett, Marine Management Section, phone (504) 862-2381. Failure to examine the vessel before submitting a bid will not be considered cause for claim against the Government.

2. Award will be made as a whole to one bidder.

3. The bidder is required to bid on all line items. Failure to submit a bid on all line items shall result in a non-responsive bid, requiring rejection thereof. In the event that a bidder is willing to waive costs associated with an individual line item, he is required to insert descriptive words or abbreviations such as "no charge" or "N. C."

4. Bidders shall furnish unit prices for all bid items. If the bidder fails to insert a unit price in the appropriate blank for the required items but does furnish an extended total or an estimated amount for such items, the Government will deem his unit price to be the quotient obtained by dividing the extended estimated amount for that line item by the quantity. IF THE

BIDDER OMITS BOTH THE UNIT PRICE AND THE EXTENDED AMOUNT FOR ANY REQUIRED

ITEM, HIS BID WILL BE DECLARED NON-RESPONSIVE.

W912P8-09-T-0200

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. SCOPE (INFORMATION). The Contractor shall furnish all management, supervision, labor, subcontracting, services of manufacturer's representatives and all facilities, utilities, equipment, tools, lubricants, fuels, materials and articles (excluding Government-furnished property) required to fully execute the work items specified herein.

1.1 VESSEL DATA (INFORMATION). The BIENVILLE is a welded steel towboat 60'-6" long, 22'-11" wide and 7'-6" deep. The light displacement is 126 long tons.

The loaded displacement is 151 long tons. Loaded draft is approximately 6’-0”.

NOTICE: THE INTERIOR SURFACES OF THE VESSEL ARE COATED WITH PAINT CONTAINING

LEAD. The Contractor shall perform all work in strict accordance with Federal, State, and Local regulations, laws, codes and practices regarding lead paint removal.

NOTICE: The vessel is equipped with an automatic CO2 fire extinguishing system. The CO2 fire suppressant is automatically activated by heat activated devices located in the engine room and auxiliary machinery space. The system shall be disconnected by the contractor prior to the start of work and reconnected upon completion.

1.2 CONTRACT DRAWINGS (INFORMATION). The work shall conform to the following contract drawings, all of which form a part of these specifications and are available on the web through www.fedbizopps.gov. All drawings are available in electronic form (PDF files or other Word scannings files). There will be no hard copies of drawings (bluelines, xerox, etc.) sent out.

(1) GA, 1 of 1, Profile and Arrangement

(2) MA, 1 of 1, Prop Shaft, Stern Tube, Strut Detail and Installation

(3) 7026, 1 of 1, Keel Cooling Arrangement and Details

1.3 CONTRACTOR QUALITY CONTROL AND GOVERNMENT QUALITY ASSURANCE (INFORMATION).

The Contractor shall establish and maintain a quality control plan as specified in Paragraph 2, Inspection and Acceptance. The Government will evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan as specified in Paragraph 2, Inspection and Acceptance.

1.4 APPLICABLE PUBLICATIONS (INFORMATION). The following publications form part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. The latest revision shall be used unless otherwise specified.

(1) Federal Regulations (CFR).

29 CFR 1915 Occupational Safety and Health Standards for Shipyard Employment

(2) Department of the Army, U.S. Army Corps of Engineers, Engineer Manuals (EM).

385-1-1 Safety and Health Requirements Manual

1.5 DRYDOCKING (CLIN 0001AA). Dry-dock the vessel and hold it on dry dock until all underwater repairs, cleaning, painting and dry dock inspections are complete and all painting up to the deck is thoroughly dry. Pump out the 3,600 gallon bilge holding tank. Remove all oil and fluids from all bilges by washing with chemical degreaser, pump out, and dispose of in accordance with all Federal, State and Local regulations.

1.6 GAS FREEING AND GAS-FREE CERTIFICATE (CLIN 0001AB).

1.6.1 Before beginning any hot work, clean and gas-free the affected spaces as required by 29 CFR 1915. Spaces requiring the gas-freeing shall be "Safe For Workers and Safe for Hot Work".

1.6.2 Test and certify the affected spaces in accordance with 29 CFR 1915.

Testing and certification shall be accomplished by a Marine Chemist certified by the National Fire Protection Association, a US Coast Guard authorized person, or a “competent person” as required for the type of work.

1.6.3 Maintain the affected spaces in a "Safe for Workers and Safe for Hot Work" condition until all hot work is complete. Inspect and test each affected space in accordance with 29 CFR 1915 to insure that the condition within the space is maintained.

1.6.4 Furnish and display the Marine Chemist certificate in the immediate vicinity of the affected operation. Furnish one additional copy to the Government Inspector.

1.6.5 The cost of testing and providing gas-free certificates shall be included in this item. The cost of cleaning and gas freeing the affected spaces shall be included in and proportioned among the prices for each item of work requiring cleaning and gas-freeing.

1.7 PROPELLERS AND PROPELLER SHAFTS (CLIN 0001AC). Remove the two existing propellers from the propeller shafts. Measure the two existing shafts for straightness in place by measuring the run out with a dial indicator at the end of the tapers. Furnish a condition report on the shafts to the Government Inspector. Install the spare propellers and strap the propeller nuts to the shaft ends with stainless steel flat bar. Load and unload the propellers on and off the trucks. See drawing number MA, sheet 1 of 1, Prop Shaft, Stern Tube, Strut Barrel, Strut Leg Detail and Installation for shafting details.

1.8 MSD OVERBOARD DISCHARGE (CLIN 0001AD). Replace the existing one inch pipe size overboard discharge for the marine sanitation device (MSD) with a two inch pipe size overboard discharge. The new overboard discharge shall consist of an equivalent length of 2 inch schedule 80 pipe and a 3/8 inch thick by 7 inch diameter doubler plate welded all around, inside and out, at the side shell. A threaded 2 inch brass gate valve, a threaded 2 inch brass swing check valve, and a steel to PVC adapter shall be installed between the new discharge and the existing PVC piping. A clamshell shaped cover shall be installed over the discharge to direct the effluent downward. Touch up the interior and exterior coatings damaged by the installation and the steel piping with two 6 mil DFT coats of PPG Amercoat 235 multi-purpose epoxy or equal.

1.9 KEEL COOLERS (CLIN 0001AE). Locate the leaks on the port and starboard generator keel coolers and furnish a proposal for repair. Drain the coolant from the port and starboard generator cooling systems and dispose of in accordance with applicable Federal, State, and Local regulations. Install a new 50% solution of ethylene glycol anti-freeze and water into the port and starboard generator cooling systems after completion of repairs. The estimated total cooling system volume for each generator is 40 gallons. The cost of repairs to the keel coolers will be authorized under a modification to the contract.

2. INSPECTION AND ACCEPTANCE (INFORMATION)

2.1 The Contractor shall perform or have performed the inspections and tests required to substantiate that the supplies and services provided under this contract conform to the specifications, drawings and contract requirements herein. The Contractor shall also perform or have performed the inspections and tests specified herein.

2.2 The Contractor shall provide and maintain a Quality Control Program covering all work specified in the Job Order. The program shall result in the preparation and maintenance of documentation. The documentation shall define the tests and inspections to be accomplished for each specification item keyed to the appropriate contract line item number and paragraph of the specification.

2.3 The Government Inspector shall witness all tests and inspections. The Contractor shall make certain that all materials, installation and workmanship meet the requirements of the specifications and are ready for test or inspection prior to notifying the Government Inspector.

2.4 The Contractor shall notify the Government Inspector at least 24 hours before all testing and inspection. The Government Inspector will be available to witness testing and inspection of completed work Monday thru Friday, except Federal Holidays. The time of his availability will depend upon the distance between the Contractor's or Subcontractor's facility and New Orleans, LA.

2.5 The Contractor shall proceed with work if the Government Inspector is not present to witness the inspection or test after the scheduled time provided the advanced notice required in paragraph 2.4 above has been given. The Contractor shall document his inspection or test as if the Government Inspector was present.

2.6 Witnessing tests and inspections by the Government Inspector does not constitute acceptance of the item and does not relieve the Contractor of the responsibility of assuring that the work conforms to the requirements of the specifications.

2.7 Work subcontracted and performed away from the shipyard is covered by this Quality Control Program. The prime Contractor can not delegate the authority to witness or perform and sign for tests and inspections conducted away from his facility without approval of the Contracting Officer. If the Subcontractor has an established Quality Control Program with designated organization and personnel, the prime Contractor may designate an appropriate individual in that organization as his authorized representative. Such designation shall clearly indicate that the individual is an employee of a subcontractor and shall be subject to the approval of the Contracting Officer. The Government Inspector will witness tests and inspections at the Subcontractor's facility in accordance with paragraphs 2.4 and 2.5 above.

2.8 QUALITY ASSURANCE SURVEILLANCE PLAN. This plan will be used to assure the Government that the work specified under this contract is completed satisfactorily. This plan is included for information purposes only. All work performed will be monitored by the Government Inspector on a daily basis. The performance based deliverables identified in Table 2.8.1 will be inspected and tested (if applicable) and either approved or rejected by the Government. The Contractor shall correct all deficiencies in rejected work at no additional cost to the Government unless caused by reasons beyond the control of the Contractor.

Table 2.8.1 - PERFORMANCE REQUIREMENTS

Requirement Performance

Objective Monitoring Method

Allowable Deviation

Remedy

Dry dock work performed in accordance with Paragraph 1 and 4 and all sub-paragraphs.

All work performed in accordance with the specifications, manufacturer’s recommendations and accepted commercial marine practice.

Observation of the Contractor’s activities and workmanship during the performance of this contract.

Monitor the Contractor furnished parts and materials.

0% deviation from specifications allowed.

Re-performance of unacceptable work at no additional cost to the Government. All other remedies allowed by FAR Clause 52.212-4 can be used for unacceptable performance.

Acceptance and Inspection performed in accordance with Paragraph 2 and all sub-paragraphs.

Conformance as specified, acceptable Contractor Quality Control Program, acceptable testing, reporting and notification as required by the specifications.

Observation and review of the Contractor’s Quality Control Program, inspections, documentations, and notification requirements.

0% deviation from specifications allowed.

Re-performance of unacceptable work at no additional cost to the Government. All other remedies allowed by FAR Clause 52.212-4 can be used for unacceptable performance.

Completion and delivery in accordance with Paragraph 3 and all sub-paragraphs.

Completion of all work, proper submittals completed and approved.

Return of vessel within 7 days of delivery to the Contractor’s facility.

Observation of work progress and review of required submittals.

Final acceptance date of vessel.

0% deviation from specifications and delivery date requirement unless documentation is provided to demonstrate that delays are beyond the Contractor’s control.

If Government monitoring of work schedule and progress reveals that scheduled completion date is in danger, the Contractor will be required to provide necessary resources to return to an acceptable schedule. All other remedies allowed by FAR Clause 52.212-4 can be used for unacceptable performance.

3. DELIVERIES OR PERFORMANCE (INFORMATION)

3.1 COMMENCEMENT, EXECUTION AND COMPLETION. The Contractor is required to commence work under this job order immediately upon delivery of the vessel to him, to execute the work with diligence and to complete the work within seven

(7) calendar days.

3.1.1 The Contractor is required to accept delivery of the vessel within five

(5) calendar days after the date of receipt of the written notice of award or by a date mutually agreed upon by the Contractor and the Government.

3.2 DELIVERY AND RETURN OF THE VESSEL.

3.2.1 Delivery. The Government will deliver the vessel to the Contractor's facility. The time of commencement will be the time the vessel arrives at the Contractor's facility.

3.2.2 Return. The Contractor shall return the vessel to the Government at the point of delivery upon completion and acceptance of all work. The time of completion will be the time of acceptance of all work by the Government Inspector.

3.3 LIQUIDATED DAMAGES. If the Contractor fails to deliver the supplies or perform the services within the time frame specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of $800.

3.4 LOCATION. The Contractor's facility shall be located within a 25 mile radius of the Bayou Boeuf Lock at 93.3 WHL on the Gulf Intracoastal Waterway in Morgan City, LA. Any bid proposing performance at a location beyond this stated limit will be determined non-responsive and rejected.

3.5 LIST OF DELIVERABLES. The following documents and their location within the specifications are required deliverables.

(1) Marine Chemist Certificate, 1.6.4

(2) Accident Prevention Program Plan, Hazard Analysis, Checklist, 4.5.1

(3) Hazardous Energy Control Plan, 4.5.2

(4) Material Safety Data Sheets, 4.14.4

4. SPECIAL CONTRACT REQUIREMENTS (INFORMATION)

4.1 MANDATORY ITEMS. All mandatory items, those not specifically identified as INFORMATION or OPTIONAL, shall be accomplished and completed within the specified performance period.

4.2 OPTIONAL ITEMS. N/A

4.3 WHARFAGE, DOCKAGE, ETC. The Contractor shall be responsible for and pay all expenses of wharfage, tonnage, dockage, mooring, etc. The Contractor shall provide:

(1) All mooring lines and fenders sufficient in strength, quantity, location and quality to prevent damage to the vessel and the dock.

(2) All necessary labor, material, services and equipment as required to safely move the vessel while it is in his possession.

(3) Adequate protection during adverse weather conditions including, but not limited to, moving the vessel to a safe harbor and providing additional mooring lines and anchors.

(4) The necessary facilities for and shall bear the expense of any movement of the vessel while it is in his possession.

4.4 INTERFERENCE. The Contractor shall remove and reinstall any interference required to accomplish the work specified without additional contract time or cost to the Government. Interference is defined as any part of the vessel, installed or portable, that must be removed or disturbed to accomplish the work specified. All damaged or missing fasteners shall be replaced with fasteners of the same size and type as original. New gaskets, packing and seals shall be installed on all disturbed connections and proven leak free.

Damaged lagging and insulation shall be repaired or replaced. All new work or disturbed old work shall be cleaned and painted in accordance with Section C.

All interferences shall be returned to their original operational position and condition upon reinstallation. All costs associated with interferences shall be included in the bid price of the respective item of work.

4.5 ACCIDENT PROTECTION. 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 and other safety requirements specified herein.

4.5.1 Accident Prevention Program. Four copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and approval within 10 calendar days after award. The program shall be prepared in the following format (see 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.

4.5.2 Control of Hazardous Energy (Lockout/Tagout). Before personnel perform any servicing or maintenance on a system where the unexpected energizing, start up, or release of stored energy could occur and cause injury or damage, the system shall be isolated in accordance with the procedures contained in EM-385-1-1, and Engineer Regulation ER 385-1-31. The Contractor shall submit his hazardous energy control plan to the Contracting Officer for acceptance within 10 calendar days after award. Locks and tags will be placed on circuit breakers, or other appropriate devices, to isolate and identify hazardous energy sources. The Contractor will maintain a SAFE CLEARANCE LOG in the engine room. The logbook will have a lock/tag issue sheet and SAFE CLEARANCE REQUEST FORMS. Corps and Contractor designated authorities shall fully coordinate their control activities for the life of the contract. Each shall inform the other of their energy control procedures, ensure that their own personnel understand and comply with rules and restrictions of the procedures, and ensure that all employees affected by the hazardous energy control activity are notified. During each daily walk-through safety inspection the log will be checked. During this inspection the Contractor shall itemize all existing lockouts, all new lockouts, and all removed tags that morning or the previous day. Prior to a change in the status or location of the vessel (such as undocking), the Corps and the Contractor shall meet to review the status of hazardous energy control measures.

4.5.3 Accident Investigations and Reporting. Refer to EM 385-1-1, Para.

01.D.01. Accidents shall be investigated by the immediate supervisor of the employee(s) involved and reported to the Government's Technical Representative within one working day after accident occurs. A report of all mishaps occurring on the project shall be submitted to the Contracting Officer within four calendar days following the incident. All data reported must be complete, timely and accurate. A follow up report shall be submitted when the estimated lost time days differs from actual lost time days.

4.5.4 Daily Inspections. The Contractor shall institute a daily inspection program to assure safety requirements are being fulfilled. Reports of daily inspections shall be maintained at the job site. The reports shall be records of the daily inspections and resulting actions. Each report will include, as a minimum, the following:

(1) Items of work underway during the inspection.

(2) Locations of areas where inspections were made.

(3) Results of inspections, including nature of deficiencies observed and corrective action taken, or to be taken, date, and signature of the person responsible for its contents.

(4) Status of Lockout/Tagout items.

4.5.5 Ground-Fault Protection. Refer to Para. 11.C.05 of EM 385-1-1. The ground-fault circuit interrupter shall be calibrated to trip within the trip-threshold values of 5 Ma + 1 Ma as specified in UL Standard 943. All ground-fault circuit interrupters shall be UL approved and installed in accordance with the latest edition of the National Electrical Code.

4.5.6 Hatches and Openings. Hatches and openings of all kinds that present a hazard will be provided with safe and suitable guard rails and toe boards.

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

4.5.8 The Contracting Officer will notify the Contractor immediately of any noncompliance with the foregoing paragraphs and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall make no part of the time lost due to any such “stop work” orders the subject of claim against the Government for extension of time or for excess costs or damages.

4.6 ACCESS TO THE VESSEL. Notwithstanding any other clause of this contract, the Contractor agrees to allow officers, employees, associates of the Government, 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 the vessel. The Contractor shall provide suitable ladders, gangways and scaffolds for access to the job. Such equipment considered unsafe or inadequate by the Government Inspector shall be removed and replaced by the Contractor with equipment that is acceptable.

4.7 FALL PROTECTION. Hatches and openings of all kinds that present a hazard will be provided with safe and suitable guardrails and toe boards.

4.8 FIRE PROTECTION. The Contractor shall assume full responsibility for fire protection while the vessel is in his possession. The Contractor shall provide a dedicated person and a fire extinguisher for fire watch at each location where hot work is being performed.

4.9 WELDERS AND WELDING. Only welders who have successfully passed the qualifications tests of the American Bureau of Shipping, the U.S. Navy, or the U.S. Coast Guard shall do all welding under this contract. The Contractor shall bear the expense of conducting these tests and shall require any welder to repeat and pass these tests, when in the opinion of the Contracting Officer or his representative, the work of the welder indicates a reasonable doubt as to his proficiency.

4.9.1 The electrodes used throughout the work shall be suitable for use with the parent metal at each weld. Certified statements shall accompany each shipment of electrodes to the effect that sample pieces, representative of each kind and size of each shipment, have satisfactorily passed the tests required by American Welding Society, the ABS or the USCG.

4.9.2 Assembly of all welded joints before welding shall be such as to secure proper gaps in butt joints and proper metal contact for fillet welds. Welding shall not be used to close openings larger than stipulated for each plate thickness by the ABS. All watertight seal welds shall be of the "bead" type.

No "weave" or "stitch" welding will be permitted. Welding procedure, as to direction, length, number and sequence of beads shall be carefully planned to minimize locked up stresses.

4.9.3 Welding leads and ground wires shall be arranged to prevent current from passing through bearings in reciprocating machinery on the vessel.

4.10 WORKMANSHIP. All labor shall be skilled for each kind of work, thorough and first class in every respect and performed under competent direction.

Where work of one trade joins, passes through, or is integral with other work, there shall be no discrepancy or misfit when completed. In engaging one kind of work with another, marring or damaging of previously acceptable work shall be cause for rejection of previously accepted work. All parts of work intended to join or bear upon others shall have complete and solid surface contact and fit together neatly without excessive cold work during assembly.

4.11 RECORDS OF GOVERNMENT PROPERTY. The Property Book Officer, U.S. Army Engineer District, New Orleans, LA is designated as the property administrator to maintain the necessary property records in connection with this contract.

4.12 GOVERNMENT FURNISHED PROPERTY. Government furnished property (GFP) is described in Section J, List of Attachments. The Contractor shall advise the Contracting Officer of any shortages, breakage or other discrepancies within 48 hours of receipt of GFP. All unused GFP shall be loaded on the Government furnished conveyance for return. GFP will be delivered FOB the Contractor's facility within 5 calendar days after the arrival of the vessel at his facility. The Contractor shall store the GFP in a secure weather tight facility until it is permanently installed on the vessel.

4.13 SCRAP AND SALVAGE MATERIAL. All items designated as scrap resulting from the work shall become the property of the Contractor. Due consideration of the value of such scrap shall be reflected in the bid price of the items concerned. This shall not apply to salvageable items ordered to remain the property of the Government.

4.14 CLEANING AND PAINTING.

4.14.1 Protection During Abrasive Blasting. Prior to abrasive blasting, precautions shall be taken to protect the hull and machinery from flying sand, dust and water discharge. This also applies to blasting on other vessels in the vicinity. All the main deck scuppers shall be equipped with half pipes or dammed to keep water off the hull during abrasive blasting. All open fans, vents, doors, hatches, machinery and deck gear shall be sealed with plastic film. Glass shall be covered with plywood. Abrasive blasting shall not be performed while engine, propeller, hydraulics, or gear work, is in progress which requires these systems to be exposed. If propeller shafts, hydraulic actuators, etc., are off the vessel during the blasting, all openings must be securely sealed. It is of the utmost importance to insure that these systems are not contaminated. Coordinate the abrasive blasting and the paint application so that corrosion and/or surface moisture does not interfere with proper paint application. Transducer heads and other underwater equipment shall be protected. Abrasive blasting shall not commence until all precautions and coverings have been approved by the Government Inspector. If at any time there is a possibility of damage from blasting the Contracting Officer may stop work until the problem is corrected. At no time shall this be a cause for extension of contract time or additional cost to the Government. All areas cleaned and painted under these specifications shall be kept clean for the duration of the contract.

4.14.2 All grease fittings will be masked to prevent contamination with paint, dirt, etc. All lenses of the navigation lights must be cleaned and masked as soon as possible, before any cleaning, blasting, or painting takes place elsewhere.

4.14.3 After all cleaning and painting work is completed, remove all protective coverings. Clean navigation light lenses with mild soapy water.

Remove all tape, glue, overspray, and drips. Remove all traces of blasting media and dust from the interior and exterior of the vessel to the satisfaction of the Government Inspector.

4.14.4 The Contractor shall secure the services of a representative of the manufacturer of the paint used to obtain guidance in the proper storage, handling, use and application of the product. The Contractor shall comply with all safety precautions recommended by the manufacturer. The Contractor shall also comply with all safety regulations in 29 CFR 1910 and 29 CFR 1915. The Contractor shall submit Material Safety Data Sheets as required by the Contract Clauses.

4.14.5 DO NOT APPLY PAINT OVER DAMP, DIRTY, OR OILY SURFACES. Surfaces to be painted shall be cleaned in accordance with the applicable paragraph in the specifications before applying paint or surface treatments.

4.14.6 Mix paint well before brushing or spraying and do not let the paint settle in the paint container or pressure pots during application.

4.14.7 Do not apply paint when weather conditions would affect the bond between the paint and the surface coated. No painting shall be done at night.

4.14.8 Furnish all paint in new unopened cans. All cans shall be marked with the correct formula number by the manufacturer verifying the contents. All paint furnished shall have been manufactured within one year of the date of application.

4.14.9 All paint shall be applied in accordance with the paint manufacturer's recommendations. The finished coating shall be free of holidays, pinholes, bubbles, runs, drips, ridges, laps and variations in color, texture and gloss.

All coats shall be applied to produce an even film of uniform thickness. The contractor shall remove all surface imperfections and variations in color before applying the finish coat.

4.14.10 Surfaces that have been cleaned and/or otherwise prepared for painting shall be primed as soon as practicable after such preparations have been completed and prior to any deterioration of the prepared surface.

4.14.11 Upon completion of painting, do not moor or berth the vessel in a place where the paint will be subject to attack by oil or paint floating on the water surface.

4.14.12 Any coating having toxicity shall be registered under section 4 of the Federal Insecticide and Rodenticide Act of the US Environmental Protection Agency. The registration number shall be given on each can of paint.

4.14.13 The coating thickness of all painting work will be measured by the Government Inspector using a Contractor furnished instrument similar or equal to the following:

(1) Positector 6000, Defelsko Corp.

(2) Positest, Defelsko Corp.

(3) Mikrotest, Elektro-Physik, Inc.

(4) Elcometer, Elcometer Instruments, Ltd.

The instrument shall be calibrated on metal identical in composition, surface preparation and thickness to that being coated except for measurements on metal thicker than 1/4 inch, the instrument shall be calibrated on metal with a minimum thickness of 1/4 inch. Calibrating instructions, thickness standards and in the case of the Mikrotest gage, a calibrating tool, should be obtained from the manufacturer or supplier of the gage.

4.14 OFFICE FACILITY. The Contractor shall provide a well lighted, air conditioned and heated office for use by the Government Inspector. The office shall contain a desk, three chairs, and a telephone.

4.15 GOVERNMENT-FURNISHED PROPERTY (GFP). The following are Government-furnished parts and materials that will be provided. Unless specifically defined as Government-furnished parts (GFP), all other required parts and materials shall be furnished by the contractor.

(1) Two spare propellers, 60”D x 50”P, four blade.

5. LIST OF ATTACHMENTS (INFORMATION).

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

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

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

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 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

CLAUSES INCORPORATED BY FULL TEXT

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $800 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 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.

Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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 (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) 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 (n) 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, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture.