B.08 Solicitation W9127N20B0016 (Assembly Bay Vertical Lift Door).pdf

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ROBBIE.R.NEWLAND@NWP01.USACE.ARMY.MIL

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 61

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W9127N 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

Contracting Divison conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ROBBIE NEWLAND 503-808-4629

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

3 - 8 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 11 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

12 - 32

PART II - CO NTRACT CLAUSES

USACE PORTLAND DISTRICT

333 SW 1ST AVE

PORTLAND OR 97204-3440

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W66QKZ00573711

5. DATE ISSUED

15 Jun 2020

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9127N20B0016

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Vertical Lift Door System

FFP

See Technical Specifications NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: W66QKZ00573711

PSC CD: 5670

NET AMT

Section C - Descriptions and Specifications

TECHNICAL SPECIFICATIONS

Technical Specifications Assembly Bay Vertical Lift Door

The Dalles Powerhouse, The Dalles Dam, Oregon

1. PRODUCTS shall be as follows for one 14x28 ft. Vertical Lift Door Assembly

1.1. DOOR

Door must consist of five sections, set one behind the other, comprised of ASTM 1011 Carbon Steel to stack within the existing head room and preserve the door opening dimensions. Arrange door operation and travel so that sections arrive simultaneously at the full open position. Sections must stack vertically in a compact group above the head of the opening. Provide doors with counterweights. Doors, components, and methods of installation must be designed in accordance with AISC 360 and ANSI/DASMA 102. Doors must be designed to resist a factored components and cladding wind pressure of 36.0 psf positive and 36.0 psf negative in accordance with ASCE 7-16, Chapter 30. Door wind load performance should be determined in accordance with ASTM E330/E330M. Maximum wind load deflection of the door must not exceed the door height in inches divided by 120 and the door width in inches divided by 120. Doors must be operable during design wind load.

1.2. WEATHER SEALS AND SENSING EDGES

Provide exterior doors with weatherproof joints between sections and along sides, a rubber adjustable weather-strip at the top, a compressible rubber weather seal attached to the bottom of the door, and rubber seals for the weatherproof joints between the sections and sides. On exterior doors that are electrically operated, where a sensing edge is employed, the bottom seal must be a combination compressible weather seal and sensing edge for stopping and reversing door movement. Provide continuous heavy duty stainless steel threshold mechanically.

1.3. OPERATORS MOTORS AND CONTROLS

Provide operators of the type recommended by the door manufacturer. Operators must be labeled and listed to the requirements of UL 325. Operators must include electric motor, machine-cut reduction gears, steel chain and sprockets, magnetic brake, brackets, pushbutton controls, limit switches, magnetic reversing contactor, a manual operator as specified above for emergency use, and other accessories necessary for operation. The electric operator must be designed so that the motor may be removed without disturbing the limit switch timing and without affecting the manual operator. The manual operator must be clutch controlled so that it may be engaged and disengaged from the floor; operation must not affect limit switch timing. Provide an electrical or mechanical device that disconnects the motor from the operating mechanism when the manual operator is engaged.

1.3.1 MOTOR

Provide a NEMA MG 1, high-starting torque, reversible type with sufficient horsepower and torque output to move the door in either direction from any position. Motor must produce a door travel speed of not less than two-thirds foot or more than one foot per second without exceeding the rated capacity. Motors must operate on current of the characteristics indicated at not more than 3600 rpm. Motor duty cycle shall be rated for continuous operation; class F or higher insulation; inverter duty rated; shall be new construction and not rewound, re-built, or refurbished; 40 degrees Celsius maximum temperature rise; service factor no greater than 1.00. The voltage requirement must be 460VAC, 60Hz, three-phase. Provide supportive brackets for motors and safety devices

1.3.2 CONTROLS

Each door motor must have an enclosed, across-the-line type, magnetic reversing motor starter, thermal overload protection, solenoid-operated brake, limit switches, and control switches. Control equipment must conform to NEMA ICS 1 and NEMA ICS 2. Control enclosures must be NEMA ICS 6, Type 12.

1.3.3 CONTROL BUTTONS

"STOP" buttons must require only momentary pressure to operate. The "CLOSE" button must require constant pressure to maintain the closing motion of the door. If the door is in motion and the "STOP" button is pressed or the "CLOSE" button released, the door must stop instantly and remain in the stop position; from the stop position, the door may be operated in either direction by the "OPEN" or "CLOSE" buttons. Pushbuttons must be full-guarded to prevent accidental operation. Provide limit switches to automatically stop doors at the fully open and closed positions. Limit switch positions must be readily adjustable.

1.3.4 OUTSIDE CONTROLS

Outside controls must have two pushbuttons, "CLOSE" and "STOP". The open command will be given by an existing RPK40 card reader when scanned with a HID proximity card. Control enclosures must be NEMA ICS 6, Type 4.

1.3.5 CONTROLLER AT MOTOR FOR MAINTENANCE

Provide a set of controls to be located near the motor for use during maintenance. The controls shall have three pushbuttons, "OPEN", "CLOSE", and "STOP".

1.3.6 REMOTE PUSHBUTTON STATION

Inside remote pushbutton station must be of the two-button and a selector type; buttons must be marked "CLOSE", "STOP". Selector must be able to select between "SIX"", and "FULL". The open command will be given by a new RPK40 card reader when scanned with a HID proximity card. Locate pushbutton controls at least 42" above furnished floor, so the operator will have complete visibility of the door at all times. Coordinate final location with project personnel.

1.3.7 ENTRAPEMENT PROTECTION DEVICES

Entrapment protection devices must be provided for electrically operated doors in accordance with UL 325 Class IV Doors. These devices must immediately stop and reverse the door in its closing travel upon sensing an obstruction in the door opening or upon failure of the device or any component of the control system. Any momentary door-closing circuit must be automatically locked out and the door must be operable manually or with constant pressure controls until the failure or damage has been corrected. No entrapment protection device must be used as a limit switch unless its function is specifically intended to do so.

1.3.8 CONTROL TRANSFORMERS

UL 325. Provide transformers in power circuits as necessary to reduce the voltage on the control circuits to 120 volts or less.

1.4 MANUAL OPERATORS

Provide a galvanized, endless chain operating over a sprocket. Extend chain to within 3 feet of the floor. Provide chain cleat and pin for securing operator chain. The force required to operate the door must not exceed 35 pounds.

1.5 ELECTRICAL COMPONENTS

Per NFPA 70 the door manufacturer must furnish manual or automatic control and safety devices, including extra flexible Type SO cable and spring-loaded automatic take-up reel or equivalent device, as required for operation of the doors. No IEC equipment shall be used as part of this installation.

1.5.1 Circuit Breakers

Provide molded case circuit breakers conforming to the applicable requirements of UL 489. Breakers shall have a 600v rating to allow operation on an ungrounded delta system.

1.5.2 Liquidtight Flexible Metallic Conduit

All flexible metallic conduit must be liquidtight in accordance with UL 1 and UL 360 and must be galvanized steel.

Liquidtight flexible metallic conduit must be provided with a protective jacket of PVC extruded over a flexible interlocked galvanized steel core to protect wiring against moisture, oil, chemicals, and corrosive fumes. Fittings for liquidtight flexible metallic conduit must be specifically designed for such conduit.

1.5.3 Wireways and Auxiliary Gutters

Ensure wireways and auxiliary gutters are a minimum 4 by 4-inch trade size conforming to UL 870.

1.5.4 Cast Junction Boxes

All cast boxes must conform to the applicable requirements of UL 50. All boxes must be furnished with gasketed covers. Boxes must be watertight, protected from corrosion, and suitable for flush mounting in concrete where required. Threads must be taper tapped. Threads too loose to make a watertight connection will be rejected.

1.5.5 Safety Switches

Ensure safety switches comply with NEMA KS 1, and are the heavy-duty type with enclosure, voltage, current rating, number of poles, and fusing as indicated. Switch construction must be such that, when the switch handle in the "ON" position, the cover or door cannot be opened. Cover release device is coinproof and must be constructed where an external tool is needed to open the cover. Make provisions to lock the handle if in the "OFF" position.

Ensure the enclosure for the switch is lockable. Safety or disconnect switches located outdoors or in damp environments must be NEMA 4X and stainless steel unless otherwise noted. Ensure safety color coding for identification of safety switches conforms to ANSI Z535.1. Provide clear line shield to protect against accidental contact with energized parts.

2. FABRICATION

2.1 DOOR SECTIONS

Provide the door panels preassembled, painted and ready for installation. The vertical and horizontal door section members shall be constructed of structural steel angle, or channel shapes. Provide intermediate horizontal or vertical stiffeners so the maximum unsupported area of sheet is 20 square feet. Corners and intersections of frame members must be welded and ground smooth on exposed surfaces. Welds must develop the full strength of frame.

2.2 INSULATED SECTIONS

The door panels shall be insulated with material providing a "U" factor of 0.076 or less when tested in accordance with ASTM C136/C136M. Interior of door sections must be covered with steel sheets not lighter than 16 gauge, with the exterior shall be covered with a minimum 14 gauge to completely enclose the insulating material.

2.3 GUIDES AND JAMB PLATES

Door sections must run in structural steel guides, securely fastened to the building construction or counterweight tower. The counterweight enclosure must be configured to allow the existing full with opening passage through the door. Set back guides and tower faces on walls to provide clear door opening unobstructed by door guides, except when indicated otherwise.

2.4 MISC HARDWARE

Door sections must be supported by chain or steel cable with a safety factor of five. Miscellaneous vertical door support steel must be fabricated straight to within 1/8 inch over the full length of each piece. Joints where new support steel is welded to existing support steel must be ground flush. Include all guarding of moving parts per OSHA and EM 385-1-1 requirements.

3 REFERENCES

The publications listed below form a part of this Specification to the extent referenced. The publications are referred to within the text by the basic designation only.

AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC)

AISC 360(2010) Specification for Structural Steel Buildings

ASTM INTERNATIONAL (ASTM)

ASTM A123/A123M(2013) Standard Specification for Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products ASTM A36/A36M(2014) Standard Specification for Carbon Structural Steel ASTM B209(2014) Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate ASTM B209M(2014) Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate (Metric) ASTM B221(2014) Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes

ASTM B221M(2013) Standard Specification for Aluminum and Aluminum-Alloy Extruded Bars, Rods, Wire, Profiles, and Tubes (Metric) ASTM C136/C136M(2014) Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates ASTM E330/E330M(2014) Structural Performance of Exterior Windows, Doors, Skylights and Curtain Walls by Uniform Static Air Pressure Difference

DOOR AND ACCESS SYSTEM MANUFACTURERS ASSOCIATION (DASMA)

ANSI/DASMA 102(2011) Specifications for Sectional Overhead-Type Doors ANSI Z535.1(2017) American National Standard for Safety Colors

NATIONAL ASSOCIATION OF ARCHITECTURAL METAL MANUFACTURERS (NAAMM)

NAAMM AMP 500(2006) Metal Finishes Manual

NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA)

NEMA ICS 1(2000; R 2015) Standard for Industrial Control and Systems: General Requirements NEMA ICS 2(2000; R 2005; Errata 2008) Standard for Controllers, Contactors, and Overload Relays Rated 600 V NEMA ICS 6(1993; R 2011) Enclosures NEMA KS 1(2013) Heavy Duty Enclosed and Dead-Front Switches(600 Volts Maximum) NEMA MG 1(2016) Motors and Generators

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 70(2019) National Electrical Code

UNDERWRITERS LABORATORIES (UL)

UL 325(2017) UL Standard for Safety Door, Drapery, Gate, Louver, and Window Operators and Systems

4. SUBMITTAL REQUIREMENTS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government.

4.1 SHOP DRAWINGS

Submit complete, detailed shop drawings. Prepare shop drawings by the fabricator for all features of the door, showing complete details of materials, tolerances, surface finishes, and all other pertinent data, and be approved by the Government prior to fabrication. Include wiring diagrams and installation details of equipment indicating proposed location, layout and arrangement, control panels, accessories, piping, ductwork, and other items that must be shown to ensure a coordinated installation. Provide new plan and elevation drawings of each door showing equipment device locations, conduit routing with identification. Wiring diagrams must identify circuit terminals and indicate the internal wiring for each item of equipment and the interconnection between each item of equipment.

Drawings must indicate adequate clearance for operation, maintenance, and replacement of operating equipment devices.

4.1.1 Doors: Show types, sizes, locations, metal gages, hardware provisions, installation details, and other details of construction. Include supporting brackets for motors, location, type, and ratings of motors, and safety devices.

Indicate all existing metals and anchors to be reused and preparation methods to be used prior to new door installation. Also include control panels and associated control enclosures, control schematic and wiring diagrams.

4.1.2 Submit wiring diagrams for motors and controls.

4.2 PARTS LIST

Provide a parts list that can be used during delivery and acceptance for all the major components of the assembly.

4.3 SPARE PARTS

Provide one - Circuit breakers of each type, size, and rating used Provide one – Switches and pilot light of each type used Provide three - Fuses of each type and rating Provide one - Contactor of each type used including all auxiliary contacts Provide other spare parts as recommended by the manufacturer.

4.4 WARRANTY

Provide to the Government a written guarantee, warranting the doors against any defects or materials and/or workmanship for the new door for a period of one year after installation by the government, but starting no later than six months after delivery of materials to the site. With proper maintenance, commencing from the date of final acceptance of the project. Motors must be guaranteed for a period of one year. State that all door and control work that becomes defective during the guarantee period must be provided at no cost.

4.5 O&M INSTRUCTIONS

Submit complete Installation, Operations & Maintenance instructions detailed enough to permit Government forces to assemble and operate the vertical lift door. Detail all equipment and hardware required for installation that will be provided or included in the operation of the door. Submit O&M and final as built drawings no later than 45 days from the date of product delivery.

5 PAINTING AND COATINGS

All new vertical door support steel that will be exposed to view must receive one primer coat of SSPC Paint 40 and two coats of SSPC Paint 36. Paint color shall be close to the color of aluminum metal. Paint must be applied in strict conformance with the manufacturer's printed application instructions and per SSPC-PA 1, except that the surface preparation is to meet or exceed the requirements of SSPC-SP10, Near White Metal Blast. Quality Control personnel are to be certified by SSPC as a Protective Coating Inspector level 2 or NACE Coating Inspection Personnel level 2.

6 SAFETY

6.1 Provide approved safety devices for stopping door panels in the event of operator or suspension failure.

6.2 NFPA 70. The door manufacturer must furnish manual or automatic control and safety devices, including extra flexible Type SO cable and spring-loaded automatic take up reel or equivalent device, as required for operation of the doors.

7 Pre-bid site visit Prior to submissions all potential offerors will have the option to RSVP for a site visit scheduled for 8 days after solicitation issuance, to verify the dimensions provided by USACE and to inspect the intended location of the door and all ancillary components. This site visit is done at the offerors expense. Note: American Citizens only. In accordance with CDC guidelines due to the COVID-19 pandemic additional site safety requirements will be required for any site visits.

7.1 COVID-19 Site Safety Plan

Due to the ongoing pandemic, all offerors who attend the optional site visit will be required to wear cloth face coverings, maintain a minimum of 6 ft. of social distance between each other at all times, and to maintain good personal hygiene and behavior (i.e. washing hands regularly, avoiding handshakes, avoid touching surfaces, take turns inspecting tight spaces, etc.).

Note that due to supply shortage, medical PPE such as N95 respirators and surgical masks, although this would satisfy the requirement, are encouraged to be saved for medical facilities and first responders. In the event your personnel purchase their own N95 mask for or are given the option to voluntarily use an N95 mask given by your company, those individuals must follow the requirements for OSHA's Voluntary Use of Respirators, reference 29 CFR 1910.134 Appendix D. All required PPE must be purchased at the offerors expense.

8 DELIVERY OF PRODUCT

8.1 Protect doors and accessories from damage during delivery, storage, and handling. Clearly mark manufacturer's brand name.

8.2 Notify the Contracting Officer 7 days prior to delivery. Government will inspect and accept product at time of delivery. The point of contact is Travis Bond, travis.l.bond@usace.army.mil at (541) 506-8316 X 8316.

mailto:travis.l.bond@usace.army.mil

8.3 Access the site from Interstate 84 Exit 88.

8.4 Deliver to the following location:

US Army Corps of Engineers – The Dalles Dam The Dalles Lock and Dam Interstate 84, Exit 88 The Dalles, OR 97058

8.5 Final delivered product shall be weather sealed for transport and storage outside. Product shall be packaged such that it will fit on an 18 wheeler trailer for transport and be able to be removed by a fork lift of sufficient capacity with and be designed such that a crane of sufficient capacity with a spreader bar can pick the load. All packages shall be clearly identified from the outside and shall match a delivery bill of material that indicates all products contained in each package for verification upon delivery.

8.6 Include cost for handling and delivery in quote. Shipping shall be included in the bid submittal package.

8.7 Final delivery date shall be no later than 90 days from contract award.

8.8 Protect all individuals delivering and receiving the products by adhering to CDC recommended social distancing requirements and requirements in section 7.1 “COVID-19 Site Safety Plan.”

Attachments included for reference:

Attachment A – Drawing DDP-1-2-0/4, Assembly Bay Vertical Lift Door Attachment B – Drawing DDP-1-4-2/4, Assembly Bay West Wall-Elevations and Details Attachment C – DDP-1.127_E-602 Overhead Door Controls Schematic Attachment D – DDP-1.4-2-0/4 West Door Rail Detail Attachment E – Exterior Reference Photo Attachment F – Interior Reference Photo

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 20 wks. ADC 1 THE DALLES DAM

TRAVIS BOND

USACE PORTLAND DISTRICT

THE DALLES DAM, I-84, EXIT 88

THE DALLES OR 97058-9998

(541) 506-8316 X 8316 FOB: Destination

97058

52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)--ALTERNATE III (APR 1984)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE WITHIN 20 WEEKS AFTER RECEIPT OF CONTRACT

ITEM NO. QUANTITY WRITTEN NOTICE OF AWARD

0001 1 EACH

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS AFTER

DATE OF RECEIPT OF

ITEM NO. QUANTITY WRITTEN NOTICE OF AWARD

(End of clause)

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

Contract will be administered by:

Department of the Army, Portland District Corps of Engineers Contracting Division P. O. Box 2946 Attn: CECT-NWP-S Portland, Oregon 97208-2946

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

DEC 2019

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

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'', as amended (41 U.S.C. 601-613).

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 or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written 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 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:

(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 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; and (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 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)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (MAR 2020) of 52.219-9.

____ (v) Alternate IV (AUG 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products…