Accessibility Information

Users of assistive technologies such as screen readers should use the following link to activate Accessibility Mode before continuing: Learn more and Activate accessibility mode.

VOYAGE REPAIRS PIPING, REACHRODS AND KICKPIPES

Solicitation Number: DTMA-94-Q-2013-0031
Agency: Department of Transportation
Office: Maritime Administration (MARAD)
Location: WR Acquisition
  • Print
:
DTMA-94-Q-2013-0031
:
Award
:
September 20, 2013
:
DTMA94C20130004
:
59224
:
MARINE & INDUSTRIAL SERVICES, INC
:
2391 W. 10TH ST
ANTIOCH, California 94509
United States
:
Added: Aug 27, 2013 12:30 pm Modified: Sep 10, 2013 3:38 pmTrack Changes



******************************************************


AMENDMENT 0002 makes the following changes:
1.  Statement of Work:
a. CLIN 0001 Increases the number of locations from 9 to 15 of the kickpipes; and increase the length of the cable from 100 to 500 feet;
b.  CLIN 0003 Changes "Powder" coat to "Acrylic Paint" the inside of the pipe.  
c.  CLIN 0005 ADDS "or copper cable with power crimped connections";  and "or 01 insulated cable with crimped connectors.
d.  CLIN 0006 - change from 9 to 3 locations
Revised SOW dtd 9/10/13 is attached. 
2.  The Terms and Conditions are changed to add the requirement for submission with the quote and evaluation criteria.
3.  All other terms and conditions remain unchanged.  The RFQ closing date remains Friday, 9/13/2013 at 2PM PT.

ATT1 QUOTE SHEET
ATT2 STATEMENT OF WORK revised 9/10/13
ATT3 TERMS & CONDITIONS revised 9/10/13


******************************************************
AMEND 0001 changes the SOW completely.  Copy is attached.  Submittal of the RFQ remains 14:00 PST on Friday, 9/13/13. 










1



GENERAL DESCRIPTION/REQUIREMENTS:



 


The  Department of Transportation, U.S. Maritime Administration (MARAD), San  Francisco, CA intends to award a firm fixed price purchase order for Voyage Repairs per the attached solicitation for the Training Ship the Golden Bear.  This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are requested. 


 


The Solicitation DTMA-94-Q-2013-0031 is issued as a request for quote (RFQ) which closes Friday, 9/13/2013 at 2PM PT.   The required delivery date is December 20, 2013.  The North American Industry Classification System (NAICS) code is 336611, Ship Building and Repairing. The size standard is 1,000 employees.   This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) FAC 2005-67 July 22, 2013. The proposed contract will be performed while the vessel is located at Vallejo, California, at the foot of 200 Maritime Academy Drive. 


 










2



INSTRUCTIONS TO OFFERORS



Request for Quotation response to this solicitation is due Friday, 9/13/2013 at 2:00 p.m. local time, San Francisco, CA.    Email offers to patricia.etridge@dot.gov.  Please reference the solicitation number on your quote.   EMAIL OFFERS WILL BE ACCEPTED AND ARE PREFERRED.










3



PERIOD OF ACCEPTANCE OF OFFERORS:



The vendor agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes.










4



LATE OFFERS:



Request for Quotations of quotes received by patricia.etridge@dot.gov after the exact time specified for receipt of offers MAY NOT be considered.










5



EVALUATION/AWARD:



IAW FAR 52.212.2, Evaluation-Commercial Items, the Government will award a purchase order to the vendor whose price is judged to represent the best value to the government.










6



TERMS AND CONDITIONS:



 


The following Federal Acquisition Regulation (FAR); Transportation Acquisition Manual (TAM), and Maritime Administration (Marad) provisions and clauses apply to this solicitation and are incorporated by reference.  This solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2005-60, effective 26 July 2012. 


52.252-2 Clauses Incorporated by Reference - This solicitation incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following Internet address: http://www.acquisition.gov/far/index.html


Applicable U.S. Maritime Administration Provisions and Clauses (MCL.) as referenced below can be found at:


https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm


 


52.204-7 Central Contractor Registration (now SAM @ https://www.sam.gov/) All prospective awardees must be registered at www.sam.gov prior to receiving an award; 


52.212-1 Instructions to Offerors-Commercial Items;


52.212-2 Evaluation - Commerical Items


52.212-3 Alt I Offeror Representations and Certifications - Commercial Items


(Offerors are required to include a completed copy of this provision with their quote or a statement stating that it is available via the ORCA website, http://www.osdbu.dot.gov/Related/ORCA.cfm)


52.212-4 Contract Terms and Conditions-Commercial Items;


52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items; within FAR Clause 521112-5(b) and (c), the following Items apply to the solicitation:


52.219-8  Utilization of Small Business Concerns


52.219-14 Limitations on Subcontracting


52.219-28 Post-Award Small Business Program Representation.


52.222-3   Convict Labor,


52.222-19 Child Labor - Cooperation with Authorities and Remedies,


52.222-21 Prohibition of Segregated Facilities,


52.222-26 Equal Opportunity,


52.222-36 Affirmative Action for Workers with Disabilities, (Over 15K) 


52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving


52.225-1   Buy American Act - Supplies


52.225-2   Buy American Act Certificate


52.225-3   Buy American Act-Free Trade Agreements-Israeli Trade Act (Over 25K)


52.225-13 Restrictions on Certain Foreign Purchases, and


52.222-41 Service Contract Act of 1965


52.222-42 Statement of Equivalent Rates for Federal Hires


52.223-73 Seat Belt Use Policies and Programs


52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration (SAM)


 


FAR 52.211-08                       TIME OF DELIVERY- REQUIRED DELIVERY SCHEDULE                                                                


The performance period is estimated to be 45 days from Notice To Proceed.


 












 



far 52.216-01



Type Of Contract



 



This is a FIRM FIXED PRICE contract.


 












 



far 52.233-02



Service Of Protest



 



(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) Patricia L. Etridge by obtaining written and dated acknowledgment of receipt from Patricia.etridge@dot.gov.


(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.


 


FAR 52.242-73    CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE                                   


(a) The Contracting Officer may designate Government personnel to act as the Contracting Officer's Technical Representative (COTR) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities and limitations of the COTR under the contract.


(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.


(c) Mr. Jim Sundfors is delegated as the Contracting Officer's Technical Representative for the ultimate contract that is awarded.  He is delegated the responsibility and the authority to conduct inspection and acceptance duties for the contract when awarded.


 










7



TERMS AND CONDITIONS: special contract requirements



https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm#_Toc284070184


 












 



7.1



MCL.H-2  supplement work requests


                                                                                                                                    



 



(a.) In the complex world of ship repairs, supplemental work often emerges as a result of test, inspection, or discovery of unknown or otherwise differing conditions.  The extent and nature of such supplemental work can neither be identified in bid or proposal specifications, and both parties recognize the possibility that such work may arise.  Notwithstanding the possibility of the identification of such work, MARAD does not guarantee the award of any supplemental work during contract performance. 


(b.) Although MARAD shall be under no obligation to award supplemental work during contract performance, MARAD has provided an estimate for labor (in labor hours) for such work in the Schedule (Section B of the solicitation under applicable supplemental work contract line item numbers (CLIN or CLINs)).  The offeror shall specify an hourly composite billing rate in its bid or proposal for supplemental work labor.  The composite labor-billing rate shall be the rate applicable to labor for all supplemental work that MARAD orders under the applicable supplemental CLIN of the resulting contract.  Any supplies or subcontracts required to complete supplemental work will be charged as a direct cost reimbursable under the applicable supplemental work CLIN; additional indirect charges for materials and subcontracts will not be allowed.


(c.) During the performance of the contract, when conditions indicate a need for supplemental work, the Contracting Officer's Technical Representative (COTR) is empowered to provide technical direction, negotiate the amount of labor and material, and authorize the contractor to perform supplemental work through the issuance of a written authorization.  The COTR will issue authorizations for supplemental work in accordance with the following:


(1.) When conditions make supplemental work appropriate, the COTR shall submit to the contractor a supplemental work request that identifies the work to be accomplished.


(2.) The Contractor shall promptly review each supplemental work request upon receipt and shall, within seventy-two (72) hours of issuance, or sooner, as specified by the COTR, provide the COTR with a proposed price for the supplemental work.  Price proposals for all supplemental work must be broken down by labor hours, materials, and subcontracts and allocated to the applicable supplemental work CLIN as appropriate.  The contractor shall price the supplemental work to be performed in accordance with the composite labor rate bid or proposed under the supplemental work CLIN in the contract.  If necessary, the Contractor shall submit prices for subcontractors, which will be negotiated and treated as direct materials.  Once the COTR and contractor agree on the technical direction and price to accomplish the supplemental work, the contractor and COTR shall sign the authorization for supplemental work, which shall be final and binding on the contractor and MARAD.  Subject to paragraphs (c.)(3.) through (c.)(6.), if urgent circumstances do not permit waiting for a written authorization, the parties may orally agree and follow up with written confirmation.


(3.) Notwithstanding the preceding, the COTR shall not authorize and the contractor shall not accept individual supplemental work authorizations from the COTR in excess of the price ceiling established by the Contracting Officer pursuant to paragraph (d.)(10.).  In addition, the COTR shall not authorize and the contractor shall not accept a supplemental work authorization from the COTR that, when combined with all previously authorized supplemental work under the contract, exceeds the amount of labor hours and materials specified in the applicable supplemental work CLINs.


 (4.) If the contractor requests an adjustment to the contract completion date in its proposal for the supplemental work, the COTR must refer the issue to the Contracting Officer for resolution, which could include modifying the performance period of the contract.  All supplemental work must be accomplished within the contract performance period. The COTR shall not authorize and the contractor shall not accept supplemental work authorizations from the COTR that cannot be completed within the contract performance period.


(5.) If the COTR and contractor cannot agree upon the price, the time required, or any other term of a supplemental work request, the matter shall be referred to the Contracting Officer who may resolve the issue in accordance with the procedures contained in the Changes clause incorporated in the contract.  Specifically, the Contracting Officer shall have the option of (i) directing that the Contractor perform the work at a price and within a time period determined by the Contracting Officer to be reasonable, or (ii) withdrawing said supplemental work request.  The Contractor's refusal to perform the work as directed by the Contracting Officer shall constitute an event of default under the default clauses of the contract.  Disputed issues resulting from supplemental work unilaterally directed by the Contracting Officer may be handled under the disputes clause of the contract.


(6.) If the Contracting Officer directs the Contractor to perform the work at a price and within a time period determined by the Contracting Officer to be reasonable, the Contractor shall maintain and submit to MARAD on a daily basis, report sheets itemizing materials used, the costs and man hours of all labor (direct, indirect, and impact), production schedule activities affected by and/or related thereto, and charges for equipment, whether furnished by the Contractor, subcontractors or others.  Material charges shall be substantiated by valid copies of materials and/or suppliers invoices. Such invoices shall be submitted with the daily report sheets or, if not available, as soon as reasonably practicable thereafter.  Said daily reports shall also include an indication as to which specific schedule activity(ies) are affected by the order which are the subject of the daily report sheets. To the extent the contractor fails or refuses to submit the aforementioned daily report sheets on a daily basis, such failure or refusal shall constitute a basis for the Contracting Officer to suspend payment for work completed under the supplemental work until appropriate documentation required by the contract is provided.


(d.) The following rules apply to supplemental work authorizations:


(1.) The COTR shall authorize supplemental-work only during the period of performance of the contract.


(2.) All authorizations for supplemental work are subject to the terms and conditions of the contract and must be within the scope of the contract.


(3.) If mailed, an authorization is considered "issued" when MARAD deposits the order in the mail.  Authorizations may also be issued orally, or by written communications, that is hand-delivered or sent by facsimile or electronic transmission.  Oral orders must be followed up by written confirmation as soon as practicable thereafter.


 (4.) Unless otherwise explicitly noted in the authorization for supplemental work, all authorizations for supplemental work are firm fixed price. The agreed upon price shall cover all costs including, but not limited to, direct and indirect labor and material, overhead, delay, acceleration, and disruption caused by the supplemental work. Where the parties are unable to agree that an order establishes mutually agreeable terms, the parties shall note the specific differences that are not agreed upon in the text of the proposed work authorization and refer the matter to the Contracting Officer for resolution pursuant to paragraph (c.)(5.).


(5.) Unless the contractor otherwise explicitly notes in the supplemental work authorization, in consideration of the price of the order, the Contractor remises, releases, and forever discharges MARAD, its officers, agents, employees, and sureties from any and all civil claims and requests for equitable adjustment whatsoever, relating to, arising out of, or connected with said supplemental work authorization.  Such release is full and final settlement of all claims and requests for equitable adjustment relating to, arising out of, or connected with the work authorization, as modified, including, but not limited to, all impact claims such as delay, acceleration, disruption, and cumulative effects of the instant and all previously issued supplemental work authorizations.  The executed work authorization constitutes a complete and final adjustment of the price and the delivery schedule.


(6.) When MARAD requires supplies or services covered by the contract in an amount less than the total value of the contract, MARAD is not obligated to award supplemental work for the balance of the price bid or proposed for supplemental work.  The Contractor is not obligated to honor additional supplemental work in excess of the estimated labor hours identified in the Schedule.  This subparagraph does not affect or change the Contracting Officer's authority under the changes clause of the contract.


(7.) Except for limitations of labor hours estimated in the Schedule, there is no limit to the number of supplemental work authorizations that may be issued.  MARAD may issue supplemental work authorizations requiring delivery or performance in multiple locations, if the contract contemplates multiple locations.


(8.) In the event a supplemental work authorization covers a series of related procedures, the Contracting Officer may request the Contractor to furnish separate prices for each item of the work.


(9.) If not otherwise provided, the Contracting Officer may request at any time during performance of supplemental work a list of subcontractors performing work covered by the supplemental work, the dollar value of the respective subcontracts, and a description of the subcontracted work, and the contractor shall promptly provide the requested information.


(10.) The COTR shall not issue and the contractor shall not accept supplemental work authorizations from the COTR that exceeds $5,000.


 












 



7.2



MCL.H-3  INDEMNITY AND INSURANCE


                                                                                                                                    



 



The Contractor shall indemnify and save and keep harmless the Government against any or all loss, cost, damage, claim, expense or liability whatsoever because of accident or injury to persons or property of others occurring in connection with the operations under this contract.  The Contractor shall secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance.  Such insurance to specifically include liability assumed by the Contractor under this contract.  Each policy of insurance shall contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer or the Contractor gives written notice of cancellation or change as required to the Contracting Officer.  When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Administrative Contracting Officer's prior approval.  A certificate of each policy of insurance shall be furnished to the Contracting Officer within ten (10) days after notice of award certifying, among other things, that the policy contains the aforesaid endorsement.  The insurance companies providing the above insurance shall be satisfactory to the Government.  Notices of policy changes shall be furnished to the Contracting Officer. 


The contractor shall provide at the Contractor's expense, within five days of request from the MARAD contracting officer, a copy of all original insurance policies.  These may be sent by mail or facsimile machine.


 












 



7.3



MCL.H-4  INDEMNITY AND INSURANCE (ADDITIONAL)



 



(a) INDEMNITY


(1)  The Contractor shall exercise reasonable care and use its best efforts to prevent accidents, injury or damage to all employees, persons and property in and about the work, and to the vessel or portion thereof upon which work is done.


(2)  Except as provided elsewhere in this contract, including any guarantee clause, the MARAD assumes the risk of physical loss or damage to any part of the vessel, its machinery, equipment, stores, and other property including cargo if owned by the Government except to the extent that such loss or damage is caused by the negligence, fault, error, act or omission of the Contractor, its subcontractors, agents, or employees.  The burden of proving freedom from fault shall be borne by the Contractor.  Unless the loss or damage was caused by the willful misconduct of the Contractor, its executive officers, or superintendents the Contractor's liability under this Contract shall not exceed total damage to the ship or ships including total loss up to $5,000,000 per accident or occurrence per vessel, and shall not exceed in the aggregate per accident or occurrence the sum of total damage to the ship or ships including total loss up to $5,000,000 multiplied by the number of MARAD's vessels in the care, custody or control of the Contractor at the location and at the time of the accident or occurrence giving to the loss or damage.


(3)  As to third parties, including, but not limited to, agents, employees or servants of the Contractor, or any subcontractor, the Contractor will defend, indemnify and hold harmless the Government, the vessel, its owners and charterers, from all claims, actions, suits, costs, demands and expense of all descriptions arising out of disease, illness, personal injury, death or property damage to any third party in any way related to or arising out of the performance of work under this contract except to the extent caused by the fault, error, act or omission, or negligence of the Government, its agencies or employees.  The burden of proving fault of the Government, its agencies or employees shall be borne by the Contractor.


(4)  As to loss and damage which are the responsibility of the Government, the Government shall be subrogated to any claim, demand, or course of action against third parties which exists in favor of the Contractor, and the Contractor shall, if required, execute a formal assignment or transfer of such claim, demand, or course of action, and shall aid in securing information, evidence, obtaining of witnesses, and cooperate with MARAD in all matters MARAD may deem necessary in defense of any claim, or suit or appeal from any judgment or in effecting indemnity, provided, further, that nothing contained in this paragraph shall create or give rise to any right, privilege or power in any person except the Contractor, nor shall any person (except the Contractor) be or become entitled thereby to proceed directly against the Government, its agencies or instrumentalities, or to join the Government, its agencies or instrumentalities, as a codefendant in any action against the Contractor brought to determine the Contractor's liability or for any other purpose.


(b)  TYPES OF INSURANCE AND MINIMUM COVERAGE.  The Contractor shall at its own expense, provide and maintain the following insurances during the entire performance of this contract.


(1)  Workmen's Compensation, including Longshoremen & Harbor Worker's Act coverage -  Covering all agents, servants, borrowed servants, statutory employees of Contractor for all compensation and other benefits required by applicable state and federal law or by governmental authority on account of injury, death, sickness or disease - Statutory - no minimum.


(2)  Employers Liability - to cover both injury and death resulting from accident, sickness or disease - $1 million bodily injury by accident, each accident - $1 million bodily injury by disease each accident - $1 million bodily injury by disease in the aggregate.


(3)  Maritime Employers Liability (Jones Act) to cover both injury and death resulting from accident, sickness or disease - $5 million for each person per occurrence and $1 million in the aggregate.


(4)  Comprehensive General Liability to include coverage for (but not limited  to)  products and completed operations liability, property damage  liability and contractual liability - $1 million combined single per occurrence limit for bodily injury and property damage and $1 million in the aggregate.


(5)  Ship Repairers Legal Liability - coverage to be provided under  the standard London or American Institute forms or their equivalent $1 million per vessel, per occurrence or such other amount as may be requested.


(6)  Pollution - sudden and accidental liability - $1 Million per occurrence.


 (c)  All such insurance shall be subject to the approval of the Division of Marine Insurance and will contain thirty (30) calendar days advance notice of cancellation or of any non-renewal which is the option of the insurer, said notice to be provided to the U.S. Department of Transportation, Division of Marine Insurance , MAR-575, Room 8117, 400 Seventh Street, S.W., Washington, DC  20590.


(d) FORM OF CONFIRMATION


 (1)  The pollution insurance may be a separate policy or part of the Comprehensive General Liability policy, but the coverage must be specifically shown on the required confirmation of  insurance.  Excess liability and umbrella liability policies may be  used in the excess of primary policies to meet the minimum limit requirements.  The United States of America shall be an additional assured in the Ship Repairs Legal Liability policy, Comprehensive General Liability Policy and Pollution Policy.   Such policies shall contain a clause statement that there is no recourse against the United States of America for payment of premium. All such insurance shall be subject to the approval of the Division of Marine Insurance and must contain thirty (30) calendar days advance notice of cancellation (without disclaimer) or of any non-renewal which is the option of the insurer, said notice to be provided to the U.S. Department of Transportation, Division of Marine Insurance, MAR-575, Room 8117, 400 Seventh Street, S.W., Washington, DC  20590.


(2)  The Contractor shall have its insurance broker provide a detailed certificate of insurance, cover note or policy confirming the above required coverage.  The confirmation shall name the Contractor and United States of America as assureds and confirm the types of coverage, policy forms, policy periods, deductibles (if any) and underwriters with their percentage of participation.  The N.Y. Suable Clause or Service of Suit USA Clause must be confirmed for any Foreign underwriter placements. The policy amounts, terms and conditions, deductibles and underwriters shall at all times be satisfactory to the Maritime Administration.


(e)  The contractor shall insert the substance of this clause in subcontracts under this contract that require work on a Government installation.


 












 


 



7.4



mcl.h-10  SUPPLEMENTAL GROWTH REQUIREMENTS



 



The labor rate offered in response to the Supplemental Work - Labor Line Item shall be a yardwide composite labor rate and shall include all management, supervision, overhead, G&A, handling charges, freight and profit.  The yardwide composite rate offered by the Contractor shall be binding during the entire period of this Contract for all supplemental work which cannot be accurately described at this time and is not included in other line item specifications.  The Government may order up to 50 percent more hours than are currently estimated in the line item at the same labor rate provided therein. All material will be at cost.


 












 



7.5



mcl.h-12  MARITIME LIENS, NO AUTHORITY TO INCUR


https://voa.marad.dot.gov/Solicitation_Awards/docs/mar-380/MARAD%20Clauses%20MCL%20for%20HTML.htm#_Toc284070194


 



 



(a)  The Contractor is an independent contractor and does not act as an agent for the Government, its agents, its vessels, servants, or employees.


(b)  The Contractor, its agents, servants, and employees, and all persons acting by, at the direction of, or on behalf of the Contractor (including, without limitation any subcontractors) have no right, power, or authority whatsoever to create, incur, or permit  to be placed or imposed (i) any lien or (ii) any right in remedy of any kind, upon or against any vessel upon which work is being performed under this Agreement or against the United States of America or its agents, vessels, servants, or employees.  This contractual provision governs notwithstanding any other provision of this contract.


(c)  The Contractor, on behalf of itself, its agents, servants, and employees, and all persons acting by, at the direction of, or on behalf of the Contractor (including, without limitation any subcontractors) hereby waives its right to any maritime lien as well as any right in remedy of any kind based upon a maritime lien theory, upon or against any vessel upon which work has been, is being, or will be performed under this contract or against the United States of America or its agents, servants, or employees, whether known or unknown.  The foregoing clause shall not prevent the Contractor's rights to proceed on this contract under the Contract Disputes Act.


(d)  The Contractor shall pay when due all costs and expenses incident to the work performed by it or for its account. Neither the Contractor, nor its agents, servants, and employees, nor persons acting by, at the direction of, or on behalf of the Contractor (including, without limitation, any subcontractors) shall have the power to incur any lien of any kind maritime or otherwise.  Such entities shall not (i) create, incur, suffer, or permit to be placed or imposed upon any vessel (or portion thereof), any maritime lien or other lien or encumbrance or charge in any way arising from any act or omission or (ii) incur or allow their subcontractors to incur any debts, obligations, or charges upon the credit of the vessel or against the United States of America or its agents, servants, or employees.


(e)  Although it is not intended that the Contractor shall have the power to incur such liens, the Contractor shall immediately discharge or cause to be discharged any lien or right in remedy of any kind, whether incurred by the Contractor or its subcontractors, other than in favor of the Maritime Administration, which at any time exists or arises in connection with the work done or materials furnished under this contract.


(f)  If any lien or right in remedy is not immediately discharged, MARAD may discharge or cause to be discharged such lien or right in remedy at the expense of the Contractor. MARAD shall have the right to recoup or setoff such funds from any monies owing to the Contractor from any other MARAD contract   or any other Government contract. Should a question exist whether there is a valid lien or right in remedy, among other rights, MARAD shall have the right to retain such funds as security without interest.


(g)  From the start of work under this contract the Contractor shall cause a notice, reading as follows (or containing such other information as may be approved by MARAD), in plain type and of such size that the reading matter shall cover a space of at least 2 feet wide by 2 feet high in weather resistant paint to be placed and maintained by the gangway and shall read as follows: "NOTICE TO SUBCONTRACTORS, MATERIALMEN, AND LABORERS


This vessel is owned by the United States of America, acting by and through the Maritime Administration.


The Contractor, and all persons acting by, (prime contractor), at the direction of, or on behalf of the Contractor (including, without limitation, any subcontractors) have no right, power, or authority whatsoever to create, incur, or permit to be placed or imposed any lien or right in remedy of any kind upon any vessel upon which work is being performed under this Agreement.  The Contractor, its agents, servants, and employees, have no authority, either express or implied, to pledge the credit of said vessel."


(h)  At the option of MARAD, the Contracting Officer may require that as a condition either for entry upon a vessel of the MARAD by any subcontractor or in order for any subcontractor to provide necessaries to a vessel of the MARAD, that such subcontractor shall on behalf of itself, its agents, subcontractors, servants, and employees, and all persons acting by, at the direction of, or on behalf of such subcontractor waive its right to any maritime lien as well as any right in remedy of any kind based upon a maritime lien theory, upon or against any vessel upon which work has been, is being, or will be performed under this contract or against the United States of America or its agents, servants, and employees, known or unknown. The foregoing clause shall not prevent such subcontractor's right, if any, to proceed under the Contract Disputes Act.


(i)  The foregoing clause shall not deprive MARAD of any of the rights or remedies which it has under the common law.


 












 



7.6



mcl.h-13 SUPERVISION


 



 



The Contractor shall provide at all times the quantity and quality of supervision necessary for the effective and efficient management of the operation.  All supervisors shall have an intimate knowledge of the various tasks, equipment, and materials so as to be able to properly train and direct the workers in their individual tasks and to maintain and control an effective operation.


 










8



SITE VISIT/SHIP CHECK



 


A ship check is scheduled for Monday, 9/9/2013 at 10 AM pier-side on board the vessel located in Vallejo, CA.  Interested parties please contact Patricia Etridge, Contracting Officer via email at patricia.etridge@dot.gov.  


 










9



REPS AND CERTS



The FAR requires that vendors provide Reps & Certs at least annually via ORCA.  Reference FAR 52.212-03 for further instructions.  The link to ORCA is http://orca.bpn.gov.5    VENDORS MAY INCLUDE A COMPLETE COPY OF THE PROVISION AT FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS WITH THEIR OFFER.   Vendors that fail to furnish the required representation information via submission or reject the terms and conditions of the solicitation may be excluded from consideration.










10



DEPT OF LABOR WAGE DETERMINATION - SOLANO COUNTY CA



 


APPLICABLE SERVICE CONTRACT ACT WAGE DETERMINATION: The Service Contact Act wage determination applicable to this requirement is California - Solano County - WD 05-2069 (Rev.-13) was first posted on www.wdol.gov on 06/25/2013.  Complete copy at http://www.wdol.gov/wdol/scafiles/std/05-2069.txt?


 


************************************************************************************


REGISTER OF WAGE DETERMINATIONS UNDER  |        U.S. DEPARTMENT OF LABOR


       THE SERVICE CONTRACT ACT        |  EMPLOYMENT STANDARDS ADMINISTRATION


By direction of the Secretary of Labor |         WAGE AND HOUR DIVISION


                                       |         WASHINGTON D.C.  20210


                                       | Wage Determination No.: 2005-2069


Diane C. Koplewski       Division of   |           Revision No.: 13


Director            Wage Determinations|       Date Of Revision: 06/19/2013


_______________________________________|____________________________________________


State: California


Area: California Counties of Napa, Solano, Sonoma


____________________________________________________________________________________


          **Fringe Benefits Required Follow the Occupational Listing**


 










11



list of attachments



 


ATT1 - SF1449 & QUOTE SHEET VR RODS


ATT2 - SOW VR RODS dated 082313


 

Please consult the list of document viewers if you cannot open a file.

Package #1

Posted Date:
August 27, 2013
Description: ATT1 SF1449 TSGB RODS
Description: ATT1 QUOTE SHEET TSGB RODS dtd 082713
Description: ATT2 SOW VR RODS dated 082313

Amendment 1

Type:
Mod/Amendment
Posted Date:
September 3, 2013
Description: ATT2 SOW IS CHANGED IN ITS ENTIRETY.

Amendment 2

Type:
Mod/Amendment
Posted Date:
September 10, 2013
Description: ATT2 STATEMENT OF WORK revised 9/10/13
Description: ATT3 TERMS & CONDITIONS revised 9/10/13

Modification 1

Type:
Mod/Amendment
Posted Date:
November 6, 2013
:
201 Mission Street, Suite 2200
San Francisco, California 94105-1905
:
200 Maritime Academy Drive
Vallejo, California 94590
United States
:
Patricia L. Etridge
:
Debbie K. Velmere