TRAINING SHIP EMPIRE STATE - STEEL & PIPING REPAIRS FY10 FALL

AMENDMENT 0002 HEREBY CHANGES THE RFQ CLOSING DATE TO: TUESDAY, SEPTEMBER 7, 2010 AT 4:00 PM EST AND ADDS THE ATTACHED QUESTIONS AND ANSWERS. This competitive combined synopsis/solicitation for commercial items is prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. Solicitation Number DTMA2Q10066 is issued as a Request for Quotation (RFQ). This solicitation is being conducted under Simplified Acquisition Procedures (SAP), FAR Part 13.5 and FAR Part 12. This solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular 2005-44. The NAICS Code is 336611. The Government intends to award a Firm Fixed Price Purchase Order on a competitive basis. This is a total 100% Small Business Set-Aside FAR Subpart 19.10 - Small Business Competitiveness Demonstration Program for Non-nuclear Ship Repair NAICS 336611, PSC J998, further Subpart 19.1007(b)(1), "...use of small business set-asides to meet their assigned goals...". The US DOT Maritime Administration, Division of Atlantic Operations, has a requirement for STEEL & PIPING REPAIRS on board the Training Ship Empire State (TSES). The TSES is a U.S. Government owned training ship provided to the State University of New York Maritime Academy (SUNY Maritime) for the purpose of training young men and women for a career in the U. S. Maritime Industry. All work shall be performed aboard the TS Empire State. The TSES is afloat at her berth at the SUNY Maritime College, 6 Pennyfield Ave., Bronx, NY 10465. This work shall be performed as soon as possible after award on a date and time mutually agreed upon by the Contractor, Chief Engineer and the Maritime Administration COTR/Port Engineer. All work is to be completed within 35 calendar days following award. Work hours shall be Monday thru Friday, 0800 to 1630 hours. The Contractor shall adhere to all safety procedures employed aboard the ship to include the following: All persons working aboard the ship shall employ proper personal protective equipment (PPE) for the work being accomplished. At a minimum, hard hat, safety glasses and work shoes are required. Prior to the start of each work day, the Contractor's Supervisor shall meet with the Contracting Officer's Technical Representative (COTR) and the Ship's Officers to discuss the work plan for that day. This meeting should not take longer than 15 minutes. Smoking is not permitted aboard the ship. All persons working aboard the ship shall be in possession of a Transportation Worker's Identification Card (TWIC). A list of all employees involved in the job shall be provided by the Contractor to the COTR and Chief Mate. SECURITY: Contractor shall be responsible for obtaining installation access as required, for vehicles and personnel needed at the work site. Contractor personnel shall report to the Department of Transportation, Maritime Administration (MARAD), Division Atlantic Operation (DAO), COTR, Mr. Louis Martucci, +1 (555) 000-0000, contact@example.gov, before performance of work. Contractor shall observe applicable personnel security directives in place at Suny Maritime College, Bronx, NY and the TS Empire State. CLIN 0001 - The Contractor shall provide all labor, equipment, materials, and services to accomplish Tank Top Replacement, as shown in the attached Statement of Work (SOW). CLIN 0002 - The Contractor shall provide all labor, equipment, materials, and services to Fabricate & Install Cooling Water Jumper Line, as shown in the attached SOW. CLIN 0003 - The Contractor shall provide all labor, equipment, materials, and services Replace Machinery Space Piping, as shown in attached SOW. CLIN 0004 - The Contractor shall provide all labor, equipment, materials, and services to Replace Catwalk Decking on Face of House, as shown in attached SOW. CLIN 0005 - The Contractor shall provide all labor, equipment, materials, and services Renew Main Deck Fuel Tank Vent's Containment, as shown in attached SOW. CLIN 0006 - The Contractor shall provide all labor, equipment, materials, and services to Repair No. 2 Hatch Lower Tween Deck, as shown in attached SOW. CLIN 0007 - Supplement Labor: The Government may have supplemental requirements due to emergent or additional work. The Government reserves the right to order any quantity cited in individually priced supplemental work Items. In the event that less than the total quantity of supplemental work item is ordered, the Government will decrease the contract amount for the quantity not ordered at the award supplemental item unit price. The COTR will issue a Delivery Order for all growth items. The labor rate offered shall be a yard-wide composite labor rate and shall include all management, supervision, overhead, G&A, handling charges, freight and profit for a total of 150 man-hours of supplemental skilled labor. The yard-wide 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 CLIN specifications. The Government may order up to 50 percent more hours than are currently estimated in the CLIN at the same labor rate provided therein. CLIN 0008 - Supplemental Material: The allowance for supplemental material shall be quoted in the amount of exactly $10,000.00, and it is for direct costs only. Any allowance for handling, equipment, profit and overhead is to be included in supplemental growth work. All work under CLIN's 0007 and 0008 must be specifically authorized in writing by the COTR or Contracting Officer. SITE VISIT & SHIP CHECK: Interested parties are strongly urged to attend a ship check of the vessel scheduled for 10:00 a.m. ET, Thursday, August 26, 2010. 24-hour advance notice of attendance is requested to be given to Mr. Lou Martucci either via email at contact@example.gov or via phone to +1 (555) 000-0000. APPLICABLE WAGE DETERMINATION: The following Department of Labor Service Contract Act Wage Determination is applicable to performance of work at the SUNY Maritime College, Fort Schuyler, Bronx County, New York. WD 05-2376 (Rev.-9) was first posted on www.wdol.gov on 06/22/2010. The wage determination may be viewed on-line at: http://www.wdol.gov/wdol/scafiles/std/05-2376.txt The signed quotation must be submitted electronically via e-mail to contact@example.gov no later than 4:00 P.M. ET on Wednesday, September 1, 2010. The quotation should be addressed to the following: U.S. Department of Transportation, Atlantic Contracts Office, Norfolk, VA, Attn: Eileen Williams, Contracting Officer, 7737 Hampton Blvd, Bldg 19 Suite 300, Norfolk, VA 23505. FAR 52.212-1, Instruction to Offerors - Commercial Items is hereby incorporated by reference. The quote shall include the following pricing information: CLIN 0001 - Tank Top Replacement, see Statement of Work (SOW). 1 JOB $_____________ CLIN 0002 - Fabricate & Install Cooling Water Jumper Line, see SOW. 1 JOB $_____________ CLIN 0003 - Replacement of Machinery Space Piping, see SOW. 1 JOB $_____________ CLIN 0004 - Replace Catwalk Decking on Face of House, see SOW. 1 JOB $_____________ CLIN 0005 - Renew Main Deck Fuel Tank Vent's Containment, see SOW. 1 JOB $_____________ CLIN 0006 - Repair No. 2 Hatch Lower Tween Deck, see SOW. 1 JOB $_____________ CLIN 0007, Supplement Labor, (150 manhours X $_____/manhours = ) 1 JOB $_____________ CLIN 0008, Supplemental Material, 1 JOB $10,000.00 TOTAL (CLIN'S 0001 THRU 0008) $ EVALUATION OF QUOTES - (FAR 52.212-2) and BASIS OF AWARD: a. The Government will award a Firm Fixed Price Purchase Order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers and all are of equal importance: (1) Price (Total Price for CLINS 0001 through 0004), (2) Technical Capability (submit info below) and (3) Past Performance (submit info below). Only those quoters with an acceptable rating for non-cost factors (i.e. Technical Capability) and a rating of acceptable or neutral rating for Past Performance will be considered further for award on initial offers. Unacceptable quotes cannot be accepted unless discussions are held and quoters are afforded the opportunity to submit revised proposals. Once non-cost factor ratings have been established, award will be made to the lowest price quoter. Therefore, the lowest price quoter who is found acceptable in Technical Capability and a rating of acceptable or neutral for Past Performance will be selected for award. Note: Failure to furnish a complete package may render your quote unacceptable. Non-Cost Factor: Technical Capability: Each offer shall include in their submission: - 1) Proposed sub-contractors exceeding 10K aggregate price limit - 2) ABS Welder certification - 3) Reference to a QA/Safety Plan - 4) Understanding of Statement of Work Acceptable: Technical Capability: The company has demonstrated an understanding of the services described in the RFP. The company's level of understanding of the work to be performed is thorough and comprehensive. Probability of successful contract performance is good. Unacceptable: Technical Capability: The technical proposal has failed to demonstrate a satisfactory level of understanding of the requirement or capability in one or more areas of the technical proposal. The company lacks a basic understanding of work to be performed under the contract. This low level of understanding or capability would cause significant concern that there would be a high risk associated with the company's performance. Technical capability will be determined solely on the content and merit of the information submitted in response to the RFP. Therefore, it is incumbent on the quoter to provide sufficient technical documentation in order for the Government to make an adequate technical assessment of the quoter's documentation. The quoter must meet or exceed all the specifications listed in the Statement of Work. Each responder's relevant past performance, not older than 3 years, will be evaluated on an acceptable/unacceptable basis. Data identified by responders in their quotes will be checked to determine whether adverse past performance information is indicated. Past performance information considered by the Government for the responder's performance as a prime Contractor and/or subcontractor and the performance of its management personnel may include the following areas: Quality of products or services, Cost Control, Timeliness, Business Relationships, Customer Satisfaction and Personnel. Provide contract numbers, name of contracts, dates performed and point of contact with email and phone number. A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a vendor's quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer. The vendor will be asked to indicate acceptance of an order by notification to the Government, in writing. All responders must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror is reminded that as of January 1, 2005, it must provide Certifications and Representations online at least annually via ORCA at the following website: http://orca.bpn.gov. Completed copy of clauses 52.219-1 and 52.219-19. FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items, is hereby incorporated by reference. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items are hereby incorporated by reference. Additional clauses cited in 52.212-5 that apply to this acquisition are, 52.219-6, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-41, 52-223-15, 52.223-16, 52.225-1, 52.232.33, and 52.232-34. These references may be viewed at http://www.arnet.gov. No telephone requests will be honored. When award is made a firm fixed-price purchase order is anticipated. Quotes shall contain the following information: RFQ NUMBER (see Paragraph B); TIME SPECIFIED FOR RECEIPT OF QUOTES (see Paragraph R); NAME, ADDRESS, FAX NUMBER OF OFFEROR; E-MAIL (optional) OF OFFEROR; UNIT PRICE, EXTENDED PRICE PER CLIN ITEM AND TOTAL PRICE (in the format specified in paragraph E); ANY DISCOUNT TERMS; and IF your firm accepts credit card payments provide NAME; PHONE #; FAX # of the Point of Contact in your Accounts Receivable department. Quotation shall also contain all other documentation specified herein. Quotation shall include a signed STATEMENT specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and acknowledge all amendments to the solicitation (as applicable). PERIOD OF ACCEPTANCE OF QUOTES: The quotation shall state the agreement to hold the prices contained therein firm for 30 calendar days from the date specified for receipt, unless another time period is specified in an addendum or amendment to the Request for Quotation. LATE QUOTES: Request for Quotations or modifications of quotes received at the address specified for the receipt of Quotes after the exact time specified for receipt WILL NOT be considered (except in accordance with paragraph f of FAR 52.212-1) . The listed Federal Acquisition Regulation (FAR) clauses apply to this solicitation and are incorporated by reference. All prospective awardees MUST BE CENTRAL CONTRACTOR REGISTERED (CCR) prior to receiving an award. If your firm has not registered yet, you are highly encouraged to do so NOW. Information concerning CCR requirements may be viewed via the Internet at http://www.ccr.gov or by calling the CCR Registration Centers at +1 (555) 000-0000. Please add your Dun & Bradstreet Number to your quote & Tax ID. 52.233-2 SERVICE OF PROTEST (AUG 1996) (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) by obtaining written and dated acknowledgment of receipt from Eileen M. Williams, Department of Transportation, Maritime Administration (MARAD), Division of Atlantic Operations (DAO), 7737 Hampton Blvd., Bldg. 19, Suite 300, Norfolk, VA 23505-1204 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. DAMAGE TO GOVERNMENT FACILITIES: Damage to any facility, interior/exterior equipment, or systems caused by the contractor, as a result of work performed under this contract, shall be repaired by the contractor at his/her own expense. The contractor shall be required to repair or replace all items and components, to return the damaged area to its condition before the damage incident. 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 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. 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) 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. (4) 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. (5) 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, Maritime Administration, Division of Marine Insurance, 1200 New Jersey Avenue, S.E., 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, Maritime Administration, Division of Marine Insurance, 1200 New Jersey Avenue, S.E., 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. The following notice is provided for informational purposes for Minority, Women-Owned and Disadvantaged Business Enterprises. ATTENTION: Small and Disadvantaged (SDB), Women-Owned, and Disadvantaged Business Enterprises (DBEs). The Department of Transportation's (DOT) Short-Term Lending Program (STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation-related contracts. The Maximum line of credit is $750,000. The STLP loan has a variable rate, which is connected to the prime rate. The current rate may be found on the OSDBU website http://osdbuweb.dot.gov or call +1 (555) 000-0000.