MODIFICATION
19 -- Post-Shakedown Availabilities (PSA) for NOAA's Ships OSCAR DYSON and HENRY B. BIGELOW
- Notice Date
- 8/31/2004
- Notice Type
- Modification
- NAICS
- 336611
— Ship Building and Repairing
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Acquisition and Grants Office, SSMC4 - Room 7601/OFA61 1305 East West Highway, 7th Floor, Silver Spring, MD, 20910
- ZIP Code
- 20910
- Solicitation Number
- REFERENCE-NUMBER-DG-133E-04-RP-0049
- Response Due
- 9/9/2004
- Archive Date
- 9/24/2004
- Point of Contact
- Michael Knowles, Contracting Officer, Phone 301-713-1354x197, Fax 301-713-4155, - Richard Bennett, Director, NESDIS Business Management Division, Phone 301-713-3478x170, Fax 301-713-4155,
- E-Mail Address
-
mike.knowles@noaa.gov, dick.bennett@noaa.gov
- Small Business Set-Aside
- Total Small Business
- Description
- This is a reposting of the combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6. This announment has an attachment that contains the full text of this synopsis/solicitation. NOAA has a requirement to purchase ship repair/alteration and acoustic measurement and evaluation services to support Post-Shakedown Availabilities (PSA) on two Fisheries Survey Vessels (OSCAR DYSON and HENRY B. BIGELOW) designed to conduct fisheries stock assessments and associated fisheries, hydrographic and oceanographic research. Designated as FSV40 class ships, they have an overall length of 63.6 meters, a beam of 15 meters and a molded depth of 8.65 meters. They are designed and built to the requirements of the American Bureau of Shipping and meet stringent standards for a low underwater radiated noise signature. This announcement constitutes the only solicitation of the requirements. Proposals are hereby requested and a written solicitation will not be issued. This is Request for Proposal #DG133E-04-RP-0049. This combined synopsis/solicitation incorporates provisions and clauses that are in effect through Federal Acquisition Regulation Circular 2001-24. Two indefinite-quantity, firm fixed price delivery order contract awards at fair market prices are contemplated: a single award for OSCAR DYSON (CLINS 0001 through 0005) and a single award for HENRY B. BIGELOW (CLINS 0006 through 0010). The contract performance period for OSCAR DYSON will start on or about 1 Oct 2004 and end 30 September 2006. The contract performance period for HENRY B. BIGELOW will start on or about 1 October 2004 and end 31 May 2008. This acquisition is 100% set-aside for small businesses under North American Industry Classification System (NAICS) code 336611 (1000 employees). Note the following changes are made to the PSA announcement of Aug 6, 2004 see the attached file. The changes are in red font in the attached file: 1. Table in para 2.2: Indicated periods 10/1/2006 to 5/31/2008 not applicable for DYSON 2. Para 3.3.2 part (l): Modified text to indicate all subcontractor costs are to be included in the appropriate material CLIN 3. Para 4.3: Added reference to CAR 1352.217-96: Liability and Insurance (see discussion below) 4. Para 4.4: Specified correct CLINS 5. Para 4.5: Deleted Builder?s Risk Insurance clause; renumbered paras 4.5 through 4.8. LIABILITY AND INSURANCE (CAR 1352.217-96) (JAN 1987) (a) 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 part thereof upon which work is done. (b) The Contractor shall be responsible for and make good at its own cost and expense any and all loss of or damage of whatsoever nature to the vessel (or part thereof), its equipment, movable stores and cargo, and Government owned material and equipment for the repair, completion, alteration of or addition to the vessel in the possession of the Contractor, whether at the plant or elsewhere, arising or growing out of the performance of the work, except where the Contractor can affirmatively show that such loss or damage was due to causes beyond the Contractor s control, was proximately caused by the fault or negligence of agents or employees of the Government, or which loss or damage the Contractor by exercise of reasonable care was unable to prevent. However, the Contractor shall not be responsible for any such loss or damage discovered after redelivery of the vessel unless (i) the loss or damage is discovered within 90 days after redelivery of the vessel and (ii) loss or damage is affirmatively shown to be the result of the fault or negligence of the Contractor. To induce the Contractor to perform the work for the compensation provided, it is specifically agreed that the Contractor?s aggregate liability on account of loss of or damage to the vessel (or part thereof), its equipment, movable stores and cargo and Government owned materials and equipment shall in no event exceed the sum of $300,000. As to the Contractor, the Government assumes the risk of loss or damage to the Government-owned vessel (or part thereof), its equipment, movable stores and cargo and said Government-owned materials and equipment in excess of $300,000. This assumption of risk includes but is not limited to loss or damage from negligence of whatsoever degree of the Contractor?s servants, employees, agents or subcontractors but specifically excludes loss or damage from willful misconduct or lack of good faith on the part of the Contractor?s directors, officers and any of its managers, superintendents or other equivalent representatives, who have supervision or direction of (i) all or substantially all of the Contractor?s business, or (ii) all or substantial all of the Contractor?s operation at any one plant. However, as to such risk assumed and borne by the Government, the Government shall be subrogated to any claim, demand or cause of action against third persons which exists in favor of the Contractor, and the contractor shall, if required, execute a formal assignment or transfer of claims, demands or causes of action. 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, or join the Government as a co-defendant in any action against the Contractor brought to determine the Contractor?s liability, or for any other purpose. (c) The Contractor indemnifies and holds harmless the Government, its agencies and instrumentality's, and the vessel against all suits, actions, claims, costs or demands (including without limitation, suits, actions, claims, costs or demands resulting from death, personal injury and property damage) to which the Government, its agencies and instrumentalities, or the vessel may be subject or put by reason of damage or injury (including death) to the property or person of any one other than the Government, its agencies, instrumentalities and personnel, or the vessel arising or resulting in whole or in part from the fault, negligence, wrongful act or wrongful omission of the Contractor, or any subcontractor, its or their servants, agents or employees; provided that the Contractor?s obligation to indemnify under this paragraph (c) shall not exceed the sum of $300,000 on account of any one accident or occurrence in respect of any one vessel. Such indemnity shall include, without limitation, suits, actions, claims, costs or demands of any kind whatsoever, resulting from death, personal injury or property damage occurring during the period of performance of work on the vessel or within 90 days after redelivery of the vessel. With respect to any such suits, actions, claims, costs or demands resulting from death, personal injury or property damage occurring after the expiration of such period, the rights and Liabilities of the Government and the Contractor shall be as determined by other provisions of this contract and by law; provided that such indemnity shall apply to death occurring after such period which results from any personal injury received during the period covered by the Contractor?s indemnity as provided herein. (d) The Contractor shall, at its own expense, procure, and thereafter maintain such casualty, accident and liability insurance, in such forms and amounts as may be approved by the Contracting Officer, insuring the performance of its obligations under paragraph (c) of this clause. In addition, the Contractor shall at its own expense procure and thereafter maintain such ship repairer?s legal liability insurance as may be necessary to insure the Contractor against its liability as ship repairer in the amount of $300,000, or the value of the vessel as determined by the Contracting Officer, whichever is the lesser, with respect to each vessel on which work is performed. The Contractor shall cause the Government to be named as an additional insured under any and all liability insurance policies, However, at the discretion of the Contracting Officer, such insurance need not be procured whenever the job order requires work on parts of a vessel only and the work is to be performed at a plant other than the site of the vessel. Further, the Contractor shall procure and maintain in force Workmen?s Compensation Insurance (or its equivalent) covering its employees engaged in the work and shall insure the procurement and maintenance of such insurance by all subcontractors engaged in the work. The Contractor shall provide evidence of insurance as required by the Government. (e) The Contractor shall receive no allowance in the contract price for inclusion of any premium expense or charge for any reserve made on account of self-insurance for coverage against any risk assumed by the Government under this clause. (f) As soon as practicable after the occurrence of any loss or damage the risk of which the Government has assumed, written notice of the damage shall be given by the Contractor to the Contracting Officer. The notice shall contain full particulars of the loss or damage. If claim is made or suit is brought there after against the Contractor as the result or because of such event, the Contractor shall immediately deliver to the Government every demand, notice, summons or other process received by it or its representatives. The Contractor shall cooperate with the Government and, upon the Government?s request, shall assist in effecting settlements, securing and giving evidence; obtaining the attendance of witnesses and in the conduct of suits. The Government shall pay to the Contractor the expense, other than the cost of maintaining the Contractor?s usual organization, incurred in this assistance. Except at its own cost, the Contractor shall not voluntarily make any payment, assume any obligation or incur any expense not imperative for the protection of the vessel or vessels at the time of the event. (End of Clause) NOTE: SEE ATTACHED DOCUMENT FOR THE FULL TEXT
- Place of Performance
- Address: (1) OSCAR DYSON: NOAA Marine Operations Center, 1801 Fairview Avenue, East Seattle, WA 98102, (2) HENRY B. BIGELOW: NOAA Marine Operations Center, Northeast Fisheries Center, 166 Water Street, Woods Hole, MA 02543
- Record
- SN00661974-W 20040902/040901034533 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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