RFQ Oil Cooling Coil 140R6021Q0003.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R60

PO Box 36900 Regional Office Great Plains Region Bureau of Reclamation

0009910061 CODE 16. ADMINISTERED BYCODE

X

X

X

335312

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR60

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/02/2021 1700 MT

11/02/2020

928-718-3787Senthia Bruns (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R6021Q0003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 520040509656OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Billings MT 59107

TELEPHONE NO.

17a. CONTRACTOR/

Helena MT 59602 7700 Canyon Ferry Road Canyon Ferry Bureau of Reclamation-GP-MTAO

15. DELIVER TO

Billings MT 59107 PO Box 36900 Regional Office Great Plains Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00010 1 EAGenerator Thrust Bearing Oil Cooling Coil, extruded fin style or alternate design as approved via the Government, with a maximum operating pressure of 75 psig, differential pressure across the coil shall not exceed 15 psig, shall keep oil temperature at or below the maximum allowable temperature of 122 °F (50 °C) and must meet or exceed the cooling capacity of the existing coil depicted in the Government provided drawing.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Senthia Bruns

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

522 of

Delivery within 18 weeks after award.

All Quotations shall be submitted via email to sbruns@usbr.gov. No quotations will be accepted via beta.SAM.gov or FedConnect.

Please submit your quote electronically to:

sbruns@usbr.gov. If you have any questions please contact Senthia Bruns via email at sbruns@usbr.gov.

Award shall be made based on the lowest price technically acceptable offer. The Purchase Order will be a lump sum, firm-fixed price contract.

CANYON FERRY POWERPLANT

GENERATOR THRUST BEARING OIL COOLING COIL

TECHNICAL SPECIFICATIONS

October 20, 2020

SECTION 1 - SPECIFICATIONS

Generator Thrust Bearing Oil Cooling Coil for Hydroelectric Powerplant This specification is for the design, fabrication and delivery for one thrust bearing oil cooling coil to Canyon Ferry Power Plant. The new oil cooling coil is not required to be installed as part of this contract. Installation and acceptance testing will be performed by the Government.

The new generator thrust bearing oil cooling coil is required to be designed, fabricated, and delivered in accordance with the accompanying contract provisions, specification, and reference drawing.

The new generator cooling coil shall be designed and fabricated to be a direct replacement for the existing 1953 General Electric cooling coils currently installed in the generators. Alternate cooling coil designs may be proposed and will be considered for approval as described in 2.c.

Bidders shall submit a complete and detailed description of the items listed in Sections C.1 with their quotes for technical review by the Bureau of Reclamation before a contract is awarded. All items listed below shall be supplied on a single purchase order. All quoted prices must include freight charges and be shipped FOB to the destination point. Deliveries will be accepted Monday through Thursday, between the hours of 7:30 a.m. to 5:00 p.m., excluding Federal holidays. Items 1, 2, 3, identified in Section C.1 shall be shipped concurrently to the following destination (partial delivery will not be accepted):

CF Powerplant Shipping Address:

Bureau of Reclamation Canyon Ferry Powerplant 7700 Canyon Ferry Road Helena, MT 59602 Attn.: Budd Breining, Phone: (406) 475-3906

Technical Point of Contact (TPOC):

Bureau of Reclamation – Montana Area Office Attn.: Brock Owen (MT 611) 2900 4th Avenue North, Suite 501, Billings, MT 59101 Phone: (406) 247-7326

Canyon Ferry Powerplant Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003

SECTION 1.1 – Thrust Bearing Oil Cooling Coil

Item 1 – Thrust Bearing Oil Cooling Coil

1) Provide a quantity of one (1) oil cooling coil in accordance with the following specifications:

2) The work to be performed under this solicitation consists of designing, fabricating and delivering a generator thrust bearing oil cooling coil and two new flanges as described as below:

a) Cooling coil shall be of one-piece construction and capable of being installed within the existing bearing oil pot without disturbing the generator thrust or upper guide bearing.

b) Cooling coil shall be designed in accordance with Bureau of Reclamation Drawing 296- 650-230 with the exception of the flanges and extended piping of the inlet and outlet connections described in the Drawing Exception description below.

c) Existing cooling coil referenced on the drawings depicts an extruded fin continuous coil type coil, however other types of cooling coils will be considered as long as it fits into the existing oil pot without modification of existing components and mounting brackets. If the proposed cooling coil is not of the extruded fin style, the new design will require prior approval by the Bureau of Reclamation (BOR) before the contract will be awarded.

3) Materials:

a) The words “material” and “materials” as used in these specifications to denote items furnished by the Contractor shall mean equipment, machinery, product(s), component(s), or other item(s) procured under these specifications.

b) All materials furnished shall be new and of the highest standard industrial/commercial quality as normally used for this type of equipment, considering strength, ductility, durability, best engineering practice and the purpose for which the equipment is to be used.

c) Except as specified, materials shall conform to the most current Federal specifications or standards, or in the absence of an applicable Federal standard, materials shall conform to the most current specifications of standards of:

a) American National Standards Institute (ANSI)

b) American Society for Testing and Materials (ASTM)

c) American Society of Mechanical Engineers (ASME)

d) Institute of Electrical and Electronic Engineers (IEEE)

e) National Fire Protection Association (NFPA)

f) Or any other nationally recognized standards organization as applicable.

Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003

g) Any proposed deviation from or request to use materials not covered by the aforementioned specifications and standards, shall require Contractor submittal for approval by the Government with a justification explaining the exact nature for the deviation along with complete specification for the materials being proposed for use.

h) Standards, or sections of standards, listed within the Government’s specifications that are in error or identify incorrect standards or sections of standards, does not relieve the Contractor’s obligation to use the most recent and correction sections or standards used by industry and as it pertains to the main subject matters of the paragraph identifying the incorrect standard or section. Any errors or misrepresented standards or sections of standards shall be identified by the Contractor and brought to the immediate attention of the Government’s Contracting Representative for clarification and/or correction.

i) Parts shall be made accurately to standard gauge where possible. Threads, including but not limited to those of bolts, nuts, screws, taps, pipes, and pipe fittings shall be unified screw threads conforming to ASME B1.1-2003 or ASME B1.20.1-1983 (Revised 1992).

j) All fasteners shall be permanently marked with a symbol identifying manufacturer with symbol(s) indicating grade, class, type and other identifying marks in accordance with reference for applicable standards.

d) Cooling coil tubes:

a) Shall be constructed of copper-nickel alloy, UNS C70600 (90%Cu-10%Ni), tubing conforming to ASTM B111/B111M-18a, Standard Specification for Copper and Copper-Alloy Seamless Condenser Tubes and Ferrule Stock.

4) Design:

a) Shall be of the extruded fin style or alternate design as approved before award via the Bureau of Reclamation. For alternate design requirements see 1.c above.

b) If of the extruded fin style, each tube shall be provided with 1-5/8 inch outside diameter copper fins, 0.012-inches thick, 8 fins per inch, fastened securely to the tube by solder dipping or a continuous solder fin.

c) Cooling coil shall be designed and constructed for a maximum working pressure of 75 psig. Supply cooling water pressure is approximately 25 psig at the design flow rate of approximately 20 gallons per minute (GPM), with a temperature range of 32 to 57 °F.

d) Maximum allowable oil temperature in the bearing pot is 122 °F. Maximum allowable bearing metal temperature is 176 °F.

e) Structural Supports:

a) Shall be as shown on drawing 296-650-230. Contractor may provide an alternative design for the structural support brackets and submit this design to the Government for approval prior to construction.

Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003

b) If cooling coil is of the extruded fin stipe, there shall be 4 supports pieces that maintain proper coil spacing and alignment within the oil pot.

c) Each support element shall be tapped 1/2” – 13 UNC x 1.00 inch depth for lifting eye bolts. Support elements shall be spaced to provide a balanced pick for installing and removing the cooling coil from the oil pot.

f) Design Submittal Data – Contractor shall furnish the following data, before fabrication to enable Government to verify final design of the cooling coil:

a) Design heat removal rate for the cooling coil in British Thermal Units/Hour (Btu/hr.)

b) Design rate of flow of cooling water required for the thrust bearing oil cooler at design conditions in gallons per minute (GPM).

c) Design water supply (delivery) pressure required to the thrust bearing oil cooler at design conditions in pounds per square inch (psi).

d) Water pressure loss (pressure differential) through the thrust bearing oil cooler shall be no greater than the original design conditions and must meet terms of these specifications.

e) Rate of flow of cooling water at minimum required heat removal rate (gpm).

f) Water pressure loss (pressure differential) through the thrust bearing oil cooler at minimum required heat removal rate and cooling water flow conditions (psi).

g) Maximum inside and outside diameter and height dimensions of assembled cooling coil (inches).

h) Total weight of the cooling coil with and without water (lbs.).

5) Drawing Exception:

a) Cooling coil shall be designed using Bureau of Reclamation drawing 296-650-230 as a guide for dimensions to fit the cooling coil into the existing oil pot.

b) Exception to the drawing shall be that the new inlet and outlet flanges will be left off and the inlet and outlet piping will be extended 12 inches and left blank. The Government will trim the ends of the piping to the proper length and fit the new flanges to match the generator into which the cooling coil is being installed.

6) Workmanship:

a) The contractor shall be responsible for the accurate manufacture and fabrication of materials in accordance with best modern practices and the requirements of these specifications, notwithstanding minor errors or omissions therein.

b) Safety and adequate shock-absorbing features shall be used throughout designs, especially for parts subjected to variable stress or shock, including alternating or

Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003 vibrating stress or shock. Shock-absorbing features and parts subject to vibration shall include provisions which prevent components from loosening.

7) Welding and fabrication:

a) Welding shall be performed by appropriate recommended method in accordance with Section IX, Part GW of the ASME Boiler and Pressure Vessel Code (2004).

b) Unless other provided, the design and fabrication of all welded parts shall conform to the following requirements:

a) Principal stress-carrying parts – The design and fabrication of welded parts subject to stress due to supply water pressure, cooling water flow, and associated local vibrations shall be in accordance with Section VIII, Division I, Part UW of the ASME Boil and Pressure Vessel Code (2004).

b) Welding qualifications – For welding of cooler component fittings, connections, and support framework, the qualification of welding procedures, welders, and welding operators shall conform to the requirements of Section IX, Part QW, of the ASME Boiler and Pressure Vessel Code (2004).

c) Brazing of cooling coil tubes and associated fittings shall conform to the specific requirements of Section IX, Part QB of the ASME Boiler and Pressure Vessel Code (2004).

8) Hydrostatic Testing:

a) The cooling shall be pressure tested at the factory in accordance with Section VIII, Division 1, Part UG of the ASME Boiler and Pressure Vessel Code (2004) or ASME B31.1-2004, Power Piping standards.

b) Cooling coil shall be tested to a test pressure of 125 psig. Test pressure shall be maintained for a period of not less than 1 hour after all leaks have been stopped by repair or tightening of fastening components.

c) Contractor will supply documentation to the Bureau of Reclamation TPOC for approval and acceptance of the pressure test prior to shipment of the cooling coil.

9) Packaging, Shipping and Delivery

a) Packaging:

a) Shall be included that prevents the cooling coil from being shipped uncovered and exposed to the elements with adequate protection from weather during shipping.

Packaging shall also prevent damage to the cooling coil, be constructed to allow 4 inches of space between the coil and packaging walls/lid/bottom and provide structural supports and attachment for the coil that prevent movement during shipping.

Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003

b) Shall allow loading and unloading with a forklift and be constructed in such a manner that allows the forks to be inserted under the container without the use of blocking devices.

c) Shall be constructed of plywood or other materials of sufficient thickness that will eliminate the container and coil from flexing during the loading and unloading process.

b) Shipping:

a) The cooling coil shall be shipped FOB destination to the Canyon Ferry Power Plant address listed above.

c) Delivery:

a) Delivery time approximately 18 weeks after contract award date. Delivery hours are between 7:30 am to 4:30 pm Mountain Time, Monday through Thursday excluding holidays.

b) Deliverer shall call ahead with an approximate time of delivery to ensure that personnel are available to receive the equipment. Point of contact name and phone number for delivery is provided with the shipping address information above.

RECLAMATION POINTS OF CONTACT

Contracting Officer (CO): US Bureau of Reclamation - GP-5000; Attn: Senthia Bruns, Contracting Officer; PO Box 30137, Billings, MT 59101, 928-718-3787 sbruns@usbr.gov

Project Manager/Technical Expert: US Bureau of Reclamation, Attn: Brock Owen, 2900 4th Avenue North, Suite 501, Billings, MT 59101, Phone: (406) 247-7326 bowen@usbr.gov

END OF SPECIFICATIONS

Canyon Ferry Powerplant Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003 mailto:sbruns@usbr.gov mailto:bowen@usbr.gov

Generator Thrust Bearing Oil Cooling Coil Request for Quotation No. 140R6021Q0003

CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE - (FEB 1998)

This contract 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 this/these address(es): FAR Clauses – https://www.acquisition.gov/far/

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written http://www.acquisition.gov/far/ http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-1-disputes#i1048610 https://www.acquisition.gov/content/52202-1-definitions#i1063244 notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii)Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v)Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi)Terms of any discount for prompt payment offered;

(vii)Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment https://www.acquisition.gov/content/52232-33-payment-electronic-funds-transfer-system-award-management#i1050674 https://www.acquisition.gov/content/52232-34-payment-electronic-funds-transfer-other-system-award-management#i1050705 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C)Affected line item or subline item, if applicable; and

(D)Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52212-5-contract-terms-and-conditions-required-implement-statutes-or-executive-orders-commercial-items#i52_212_5 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/33211-contracting-officer%E2%80%99s-decision#i1080268 https://www.acquisition.gov/content/32607-2-deferment-collection#i1081898

(A)The date fixed under this contract.

(B)The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical https://www.acquisition.gov/content/32608-2-interest-credits#i1081962 possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52212-5-contract-terms-and-conditions-required-implement-statutes-or-executive-orders-commercial-items#i52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

Code of Federal Regulations (CFR) 13 CFR § 121.406 – NON-MANUFACTURER RULE

(a) General. In order to qualify as a small business concern for a small business set-aside, service-disabled veteran-owned small business set-aside or sole source contract, HUBZone set-aside or sole source contract, WOSB or EDWOSB set-aside or sole source contract, 8(a) set-aside or sole source contract, partial set-aside, or set aside of an order against a multiple award contract to provided manufactured products or other supply items, an offeror must either:

(1) Be the manufacturer or producer of the end item being procured (and the end item must be manufactured or produced in the United States); or

(2) Comply with the requirements of paragraph (b), (c) or (d) of this section as a nonmanufacturer, a kit assembler or a supplier under Simplified Acquisition Procedures.

(b) Nonmanufacturers.

(1) A firm may qualify as a small business concern for a requirement to provide manufactured products or other supply items as a nonmanufacturer if it:

(i) Does not exceed 500 employees (or 150 employees for the Information Technology Value Added Reseller exception to NAICS Code 541519, which is found at § 121.201, footnote 18);

(ii) Is primarily engaged in the retail or wholesale trade and normally sells the type of item being supplied;

(iii) Takes ownership or possession of the item(s) with its personnel, equipment or facilities in a manner consistent with industry practice; and

(iv) Will supply the end item of a small business manufacturer, processor or producer made in the United States, or obtains a waiver of such requirement pursuant to paragraph (b)(5) of this section.

(2) For size purposes, there can be only one manufacturer of the end item being acquired. The manufacturer is the concern which, with its own facilities, performs the primary activities in transforming inorganic or organic substances, including the assembly of parts and components, into the end item being acquired. The end item must possess characteristics which, as a result of mechanical, chemical or human action, it did not possess before the original substances, parts or components were assembled or transformed. The end item may be finished and ready for utilization or consumption, or it may be semi-finished as a raw material to be used in further manufacturing. Firms which perform only minimal operations upon the item being procured do not qualify as manufacturers of the end item.

Firms that add substances, parts, or components to an existing end item to modify its performance will not be considered the end item manufacturer where those identical modifications can be performed by and are available from the manufacturer of the existing end item:

(i) SBA will evaluate the following factors in determining whether a concern is the manufacturer of the end item:

(A) The proportion of total value in the end item added by the efforts of the concern, excluding costs of overhead, testing, quality control, and profit;

(B) The importance of the elements added by the concern to the function of the end item, regardless of their relative value; and

(C) The concern's technical capabilities; plant, facilities and equipment; production or assembly line processes; packaging and boxing operations; labeling of products; and product warranties.

(ii) Firms that provide computer and other information technology equipment primarily consisting of component parts (such as motherboards, video cards, network cards, memory, power supplies, storage devices, and similar items) who install components totaling less than 50% of the value of the end item are generally not considered the manufacturer of the end item.

(3) The nonmanufacturer rule applies only to procurements that have been assigned a manufacturing or supply NAICS code, or the Information Technology Value Added Resellers (ITVAR) exception to NAICS code 541519. The nonmanufacturer rule does not apply to contracts that have been assigned a service (except for the ITVAR exception to NAICS code 541519), construction, or specialty trade construction NAICS code.

(4) The nonmanufacturer rule applies only to the supply component of a requirement classified as a manufacturing, supply, or ITVAR contract. If a requirement is classified as a service contract, but also has a supply component, the nonmanufacturer rule does not apply to the supply component of the requirement. The rental of an item(s) is a service and should be treated as such in the application of the nonmanufacturer rule and the limitation on subcontracting.

(End of Clause)

ADDENDUM TO 52.212-4

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE - (JUL 2016)

(a) Definition. As used in this clause– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/ contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS - (DEC

2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING

PLATFORM (IPP) - APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Prior to official submission in IPP, the Contractor shall also submit an electronic copy of a draft invoice to the Contract Specialist/Contracting Officer at sbruns@usbr.gov. Once the Contract Specialist provides acceptance, then the Contractor shall submit the official invoice through IPP with a copy of the invoice to the IPP submittal. Invoices submitted prior to goods or services being received and accepted shall be rejected.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting http://www.nato.int/structur/AC/135/main/links/ http://www.nato.int/structur/AC/135/main/links/ http://www.ipp.gov/ mailto:sbruns@usbr.gov the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

1452.201-70 Authorities and Delegations - (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

mailto:ippgroup@bos.frb.org

WBR 1452.222-81 Employment Verification

It is the contractor’s responsibility to verify employment of its employees. FAR 9.406(b)(2) Causes for Debarment, specifically states, based on a determination by the Secretary of Homeland Security or the Attorney General of the United States, any contractor not in compliance with the INA is a cause for debarment.

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that—

It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications…