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When a company has a need to contract underwater services, how should it go about it? There are a number of factors to consider and questions to answer when issuing a request for bid.
How do you assure yourself that you're contracting with a capable and responsible firm, minimizing your risk exposure, and getting maximum value for the dollar expended? Will you strictly be awarding contracts on the basis of low bid or on the appropriate bid which maximizes productivity and keeps you out of trouble? What regulations should be identified as governing? What insurance requirements should be applied? Where can a list of prospective bidders be obtained?
Frequently those who seek to contract for underwater services consider the diving or underwater operation as one merely conducted by persons able to go beneath the surface. Because a company or individual professes the ability to dive beneath the surface of the water does not mean that the company or individual is capable of performing underwater tasks in a professional, thorough and safe manner. You must always keep in mind that the ability to dive does not include an inherent ability to perform, and that the experience and training gained by a commercial diver are critical to the success of the project.
Purchasing agents, engineers, and project management personnel who have had little experience in contracting for such services frequently are led down the garden path by slick talk, by a lack of knowledge of regulations in effect, and by the mistaken belief that the easier (cheaper) way out is the most intelligent. Just because a particular contractor has furnished prior services does not mean that he did so in a responsible and safe manner.
You are no doubt often faced with bids received from sport diving shops, from individual SCUBA divers, or from persons who claim commercial diver certification because they hold a recreational certification card from organizations such as PADI (Professional Assn. of Diving Instructors), NAUI (National Assn. of Diving Instructors), YMCA, or others. There is a difference! Commercial diver personnel are those trained in a formal setting to engage in the practice. These persons serve a long period of apprenticeship,first as a tender, then as a diver/tender, and finally, they are designated as a diver. During these periods which can aggregate over three years these personnel are learning how to perform underwater tasks in a professional and competent manner, how to conduct their activities in a safe manner, and how to recognize hazards before they occur. PADI, NAUI, and YMCA have all stated by published letter that their training is intended to prepare an individual for the conduct of recreational diving only and that entry into commercial diving activities requires additional formal training at a recognized commercial diving training school, military school, or equivalent. You must be certain that work is carried out in accordance with regulatory standards. OSHA has issued a written clarification which states that the minimum number of dive team members must be three in number: a designated person in charge (sometimes referred to as the diving supervisor), a diver, and a tender who continually tends the diver while he or she is in the water.
OSHA further emphasizes the fact that these persons must be properly trained and experienced in order to conduct operations in a safe and healthful manner [29 CFR 1910.410(a)].
According to OSHA regulations, Advance Planning and Assessment must be conducted in order to determine whether additional personnel must be added to the dive team [29 CFR 1910.421(d)(1) through (9)]. Thus, although you may require by the bid specification that a minimum of three persons be employed at the dive site, the chosen contractor is perfectly within his area of responsibility to discuss increasing that number of persons where Planning and Assessment clearly indicates the need to do so.
You must require evidence of insurance coverage. As a responsible contracting party, it is critical that you protect your interests against liability which may arise as the result of an injury or fatality incurred by an organization under contract. Bidders must provide documentation that they are properly covered. Requiring in writing that the bidders conduct the operation according to appropriate regulations may also reduce liability.
Evaluation:
A responsible diving contractor should be able to state in reasonable detail exactly how he intends to accomplish the specified underwater operation. It would not be unreasonable for you to request that a dive plan be provided to identify the intended method of accomplishing the underwater work requirement, the number of persons who will be deployed at the dive site, the type of equipment utilized, and the manner in which the diving contractor intends to provide you with records of performance.
The dive plan will include a list of equipment intended to be utilized on the job. That list must include:
An emergency or back-up diving air compressor system or an emergency high pressure air bank with regulation (to insure there is an immediate air supply to the divers should the primary air source fail)
A two- or four-wire continuous talk communication system
The use of 'bail-out' bottles for all diver personnel except when the diver is using a heavy-weight diving outfit or is diving is a physically confining space
In cases where the underwater work to be accomplished is specified in only a general manner, it may be appropriate for you to request a topside video monitor and VCR. This will allow you to view underwater operations as they are being performed and to have a VCR tape for future review and permanent record. Diving contractors will usually furnish such a service at a nominal rate.
When evaluating offers from the bidding parties it may be wise to establish a zone of reality. For example, if bids range from $10,000 to $100,000 for the same job, something is wrong! It may be that the bidding parties do not fully understand the scope of work, or perhaps an attempt is being made by one or more to buy the work,thinking that change orders or modifications will generate the monies which should have been bid at the beginning. Perhaps it would be a prudent move on your part to treat as unresponsive any bids which vary from another by more than 10%-15%. In that regard, your bid statement should clearly state that you have no obligation to accept the low bid.
The Association of Diving Contractors comprises nearly 300 member companies, of which approximately half are engaged in the conduct of underwater operations. These contractors perform operations throughout all areas of the world, serving the needs of the offshore, inland, and coastal sectors. Each member is, to the degree possible, carefully evaluated as to his ability and willingness to conform to local, state, and federal regulatory requirements, and to comply with the ADC Consensus Standards for Commercial Diving Operations.
Frequently, responsible contractors will not be those who bid the lowest price, nor can they compete with firms who fail to carry adequate insurance, operate through the use of freelance personnel, or fail to maintain the equipment specified in applicable regulations. The responsible contractor will work as a partner to ensure that your job is carried out in the most expedient and safe manner possible. A directory of ADC members is available upon request from the ADC office. Should additional assistance be required, relating to bid requests and bidding practices, please do not hesitate to contact the ADC at (281) 893-8388, Fax (281) 893-5118.
Please keep in mind that safety can never be considered secondary to saving a few dollars. Risk is always present, and the prudent company is one who plans carefully to avoid same.
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