B.08_W912ER25R0011.pdf

SEE ADDENDUM

(No Collect Calls)

W912ER25R0011 23-Oct-2024

b. TELEPHONE NUMBER

XXX-XXX-XXXX

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 25 Nov 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ER9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEPHANIE L SMITH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT

201 PRINCE FREDERICK DRIVE

WINCHESTER VA 22602

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W912ER 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W912ER DISTRICT (TAM), USACE

ERIC L CARUSO

MIDDLE EAST DISTRICT (CETAM-CT)

201 PRINCE FREDERICK DRIVE

WINCHESTER VA 22602

TEL: 540-665-2636 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

335312

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF32

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ER25R0011

Section SF 1449 - CONTINUATION SHEET

CONTINUATION PAGE

FMF REQUIREMENT

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used to award to other than a United States firm, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Offers from other than United States firms are ineligible for award. The Government reserves the right, however, to seek an OSP determination at any stage in the procurement, if doing so is in the Government’s best interests.

SMALL BUSINESS SET-ASIDE

This requirement is a 100% Small Business Set-Aside. The associated North American Industries Classification System (NAICS) code for this acquisition is 335312 – Motor and Generator Manufacturing. The small business size standard is 1,250 employees. Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each

Procurement of FCX Spare Parts 1-39

FFP

Procurement of FCX spare parts for Solid State Frequency Converter Model Number: PFC300-V-06-DT-12P-P. This is a firm fixed price CLIN for line-item numbers 1-39 as listed on the attached Appendix A.

FOB: Destination

PSC CD: 6130

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Each Procurement of FCX Spare Parts 40-68

FFP

Procurement of FCX spare parts for Solid State Frequency Converter Model Number: PFC300-7-06-DT-12P-P-SS. This is a firm fixed price CLIN for line-item numbers 40-68 as listed on the attached Appendix A.

FOB: Destination

0003 Each Procurement of FCX Spare Parts 69-77

FFP

Procurement of FCX spare parts for Solid State Frequency Converter Model Numbers: PFC008, SERIAL NO. 04152 AT FMC & PFC032, SERIAL NO. 04151 AT BRIDGE 2. This is a firm fixed price CLIN for line-item numbers 69-77 as listed on the attached Appendix A.

0004 Each Procurement of New FCX Unit

FFP

Procurement of one new static frequency converter. This is a firm fixed price CLIN for line-item number 78 as listed on the attached Appendix A.

STATEMENT OF WORK

STATEMENT OF WORK (SOW)

Procurement of FCX Unit and Spare Parts for the Egyptian Naval Armament Department (ENAD)

Case EG-B-HDM Ras El Tin Naval Base

Alexandria, Egypt

1. GENERAL:

This contract is for the procurement of spare parts for static frequency converters (FCX) and a new static frequency converter for the Egyptian Navy located at the Ras El Tin Naval Base in Alexandria, Egypt. The list of parts and new FCX unit to be procured is attached to this document and references as Appendix A – FCX Items List.

All parts, and the FCX unit, are to be new, with manufacturer warranties intact. Spare parts that have been used for demonstration purposes, or have been reconfigured, rebuilt, or reconditioned are not acceptable.

2. INSPECTION ACTIVITIES:

Vendor shall coordinate for a Government representative to inspect the equipment prior to pick-up by the designated Freight Forwarder. The inspection shall be scheduled with the Egypt Program Manager at least two (2) weeks in advance. The Egyptian Program Manager or Contracting Officer Representative listed in Section 7 of the SOW will inspect all equipment. The contractor is responsible for preparing the DD250 form prior to the Government inspection. Provide one copy of the DD250 form to the Egypt Program Manager by email for signature once an item is acceptable and ready for Freight Forwarder pick-up. Multiple items can be placed on a DD250 provided each passes inspection, is acceptable, and is available for Freight Forwarder pickup.

3. DEFICIENCIES:

The vendor shall establish a quality control tracking procedure to perform checks of all items to ensure compliance with contract requirements prior to Government inspection and pick-up by the designated Freight Forwarder. If the inspection finds deficiencies or issues that affect acceptance, then additional inspections shall occur until the equipment meets the contract requirements and is free of deficiencies and issues. The vendor shall keep the Government updated on the status of deficiency corrections and the estimated date that the deficiency will be corrected.

4. WARRANTY:

The vendor shall include the warranty implementation and procedures for all supplied equipment under this contract in their proposal. A point of contact (POC) for warranty implementation shall be identified by the vendor. The POC shall have a local representative in Egypt. Manufacturers’ standard warranty shall be provided and specified in the vendor’s proposal. The Corps of Engineers representative in Egypt, Mr. Emad Khodeiry Abdelgalil, shall be notified of all warranty complaints. His e-mail address is Emad.K.AbdelGalil@usace.army.mil.

5. MANUALS:

The equipment manufacturer’s Operations and Maintenance (O&M) manuals shall be written in English and packaged with its corresponding items by the vendor at time of delivery.

6. PERIOD OF PERFORMANCE:

The vendor shall order, inspect, and have ready for delivery all parts (excluding CLIN 0004 - item number 78) listed on the attached Appendix A document within 90 calendar days after contract award. For the new FCX unit, item number 78 on the attached Appendix A, the vendor shall order, inspect, and have ready for pickup by the Freight Forwarder within 230 calendar days after contract award.

7. POINTS OF CONTACT:

Contracting Officer:

Eric L. Caruso Phone: 540-665-2636 Email: Eric.L.Caruso@usace.army.mil

Contract Specialist:

Stephanie L. Langhorne Phone: 540-665-3798 Email: Stephanie.L.Langhorne@usace.army.mil

Program Manager:

Ben C. Strause Phone: 540-678-3088 Email: Benjamin.C.Strause@usace.army.mil

Point of Contact in Egypt:

Emad Khodiery Abdelgalil Phone: 540-408-9699 Email: Emad.K.AbdelGalil@usace.army.mil

8. FREIGHT FORWARDER:

a. Shipping Information dfYoung 7465 Candlewood Road, Suite M Baltimore, MD 21076 USA POC: Kathla Dornon EGNOA@dfyoung.com Telephone: 410-684-5242, ext. 400

All Notice of Availability (NOA)’s shall be sent to dfYoung at the above e-mail address.

U.S. manufactured materials and equipment shall be shipped to the following address:

Egyptian Ministry of Defense Egyptian Navy, Alexandria, Egypt FMS Case: EG-B-HDM

b. Packing Information.

The vendor is responsible for packaging the items in accordance with the Freight Forwarder’s requirements including palletizing and containerizing the items for ease of shipment. Industry standard is 40” x 48” pallets.

Custom packing of items may be acceptable to fit specific items for shipment at the discretion of the freight forwarder. Pallets are required if shipping liquids or hazardous materials.

c. The vendor commences the delivery process by submitting a NOA to both the freight forwarder, dfYoung, and the Middle East District after the DD 250 is signed. Ben C. Strause, or an authorized representative, of the Middle East District, will provide an example document marked with applicable numbers to the Contractor for the NOA, as well as sign the DD250 document. NOA forms are available from the Middle East District points of contact listed in this document. Upon receipt of both the NOA and signed DD250, dfYoung will coordinate the pick-up and delivery dates directly with the Contractor. The Contractor and dfYoung will jointly determine the location of pick-up, time, date, etc.

9. CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE:

a. CLIN 0001: Procurement of FCX spare parts for Solid State Frequency Converter Model Number:

PFC300-V-06-DT-12P-P. This is a firm fixed price CLIN for line-item numbers 1-39 as listed on the attached Appendix A.

b. CLIN 0002: Procurement of FCX spare parts for Solid State Frequency Converter Model Number:

PFC300-7-06-DT-12P-P-SS. This is a firm fixed price CLIN for line-item numbers 40-68 as listed on the attached Appendix A.

c. CLIN 0003: Procurement of FCX spare parts for Solid State Frequency Converter Model Numbers:

PFC008, SERIAL NO. 04152 AT FMC & PFC032, SERIAL NO. 04151 AT BRIDGE 2. This is a firm fixed price CLIN for line-item numbers 69-77 as listed on the attached Appendix A.

d CLIN 0004: Procurement of one new static frequency converter. This is a firm fixed price CLIN for line-item number 78 as listed on the attached Appendix A.

10. DUTIES, TAXES, AND LICENSE FEES:

All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from taxes, duties, and license fees under the terms of the Agreement between the Government of the United States and the host Government (Egypt). The Contractor warrants its price for this contract is exclusive of any such charges.

If the Contractor is required to pay the host Government any fees (such taxes, duties, or license fees) for the purchase of materials, equipment, or supplies used and/or incorporated into this project, then the contractor shall notify the Contracting Officer of these occurrences in writing. The U.S. Government cannot reimburse contractors or vendors for these costs; to seek reimbursement the vendor will have to submit a claim through the Egyptian Finance Ministry/Tax Authority.

Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host country taxes. No reimbursement will be made under this clause for such transactions.

11. HOST COUNTRY TAXES AND FEES:

The Government of Egypt, its agencies, and political subdivisions shall levy no taxes or fees (including taxes on individual or corporate income or property customs or import duties, and other taxes on employee personal household goods, supplies and personal effects imported into Egypt for personal use) on the Contractor, its subcontractors, the employees of either and the dependents of such employees. This tax exclusion does not apply to the Government of Egypt taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Egypt by the employees of the Contractor or employees of its subcontractors. This paragraph does not apply to Egyptian employees of the Contractor or Egyptian subcontractors or their employees.

If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Egypt, under the excepted circumstances described above, the costs thereby incurred by the Contractor may be reimbursed in the amount of payment by the host nation. The U.S. Government will not reimburse the contractor for any host nation-imposed taxes or fees.

12. BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAM:

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used for procurements outside the United States, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Accordingly, per DoD 5105.38-M, Chapter 9, Table C9.T8, more than 50% of the dollar value of the FMF contract [or CLIN, when there are multiple FMF cases on a single contract], after subtracting from the total costs the cost of items that the FAR or DFARS exclude from Buy American Act or Balance of Payments Program consideration, must be of U.S. origin. The contractor may not exceed this foreign content percentage during contract performance, unless the Government obtains an OSP determination. If it is determined that the Contractor has used unauthorized content, payments to the Contractor may be reduced by the value of the unauthorized content, or at the Government’s option, the Contractor may be required to remove the unauthorized content at its expense and replace it with authorized content. The Government will require the contractor to periodically provide it with information concerning the foreign content utilized in performing the contract, to allow the Government to ensure compliance with these OSP foreign content rules.

13. SAFEGUARDING OF INFORMATION:

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information. This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

14. ATTACHMENTS:

Appendix A – FCX Items List.

INVOICE ADDENDUM

EMAIL INVOICE: (PLEASE REFERENCE COMPLETE CONTRACT NUMBER ON THE INVOICE)

U.S. ARMY CORPS OF ENGINEERS

TRANSATLANTIC MIDDLE EAST DISTRICT

201 PRINCE FREDERICK DRIVE

WINCHESTER, VA 22602

Invoices shall be emailed to the following individuals:

ATTN: Emad K. Abdelgalil, Benjamin Strause, Stephanie Langhorne, and Eric Caruso

Emad K. Abdelgalil, Contracting Officer Representative: Emad.K.AbdelGalil@usace.army.mil Benjamin C. Strause, Project Manager: Benjamin.C.Strause@usace.army.mil Stephanie L. Langhorne, Contract Specialist: Stephanie.L.Langhorne@usace.army.mil Eric L. Caruso, Contracting Officer: Eric.L.Caruso@usace.army.mil

In accordance with FAR 52.212-4, Contract Terms and Conditions- Commercial Products and Commercial Services

(NOV 2023):

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.

The Contractor shall submit their invoice, DD 250, and any supporting documentation to the point of contacts listed above. The Contracting Officer Representative is responsible for inspecting and accepting the contents of the invoice package, signing the Contractors DD 250, and distributing the signed DD 250 to dll-cetam-ppmd-pa@usace.army.mil and point of contacts listed above for payment processing. The Contracting Officer is responsible for signing only the contracts final DD 250. The Contracting Officer Representative is responsible for signing all other DD250’s prior to the contracts final DD 250.

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 21-MAY-2025 W912ER DISTRICT (TAM), USACE

ERIC L CARUSO

MIDDLE EAST DISTRICT (CETAM-CT)

201 PRINCE FREDERICK DRIVE

WINCHESTER VA 22602

540-665-2636

W912ER

0002 21-MAY-2025 (SAME AS PREVIOUS LOCATION)

0003 21-MAY-2025 (SAME AS PREVIOUS LOCATION)

0004 08-OCT-2025 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-20 Predecessor of Offeror AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2024

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-5 Trade Agreements NOV 2023 52.232-1 Payments APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

MAY 2024

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.225-7966 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations - Representation (Deviation 2024-O0006).

MAR 2024

252.225-7967 (Dev) Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).

MAR 2024

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.226-7003 Drug-Free Work Force AUG 2024 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023 252.247-7028 Application for U.S. Government Shipping

Documentation/Instructions

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision--

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 by unique location; 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 a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

This Addendum to FAR Clause 52.212-2 Evaluation – Commercial Items Identifies the Informal Source Selection Criteria for this Solicitation

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Procurement of Static Frequency Converter (FCX) Unit and FCX Spare Parts Case EG-B-HDM Ras El Tin Naval Base Alexandria, Egypt

United States Army Corps of Engineers Transatlantic Division, Middle East District W912ER24R0027

This acquisition will be a small business set-aside for the procurement of FCX spare parts and a new FCX unit at the Ras El Tin Naval Base in Alexandria, Egypt. The award will be a single FFP Commercial Supply contract. This Request for Proposal (RFP) will utilize FAR subpart 12.1 Acquisition of Commercial Products and Commercial Services combined with FAR subpart 13.5 Simplified Procedures for Certain Commercial Items and be evaluated by Lowest Price Technically Acceptable.

Basis for Award:

This Request for Proposal (RFP) will utilize FAR subpart 12.1 Acquisition of Commercial Products and Commercial Services combined with FAR subpart 13.5 Simplified Procedures for Certain Commercial Items and be evaluated by Lowest Price Technically Acceptable (LPTA) when compared to the Statement of Work (SOW). Price proposals will be evaluated for completeness, reasonableness, and balance. Technical proposals will be evaluated by reviewing the technical specification sheets or data sheets for compliance with the solicitation requirement.

This requirement uses Foreign Military Financing (FMF). In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used to award to other than a United States firm, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Offers from other than United States firms will not be considered for award.

It is the Government’s intent to award a contract to the lowest priced Offeror without discussions; however, the Government reserves the right to hold discussions if deemed necessary. All proposals will be technically evaluated compared to the SOW.

Factor 1 Technical Capability:

Offerors shall provide the required information with their proposal to demonstrate compliance with the Appendix A

– FCX Items List attachment to the SOW. Offerors shall submit a proposal cover sheet to include the solicitation number, volume number, name, e-mail address, telephone number, address, Tax Identification Number, Unique Entity ID (UEI), and CAGE number. Documentation demonstrating compliance may include, but is not limited to, catalog cut-sheets, sketches, or drawings, and/or product data sheets. The required spare parts and equipment for technical acceptance is listed in the Appendix A – FCX Items List attachment to the SOW. See the SOW and the Appendix A – FCX Items List for more information.

Technical submittals required (Volume I):

Parts and Equipment: The proposal shall contain a description including part numbers and titles for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the schedule. Offerors shall indicate country of product origin. If the offeror deems more information is necessary, the following may be included in the offer: catalog sheets, data cut-sheets, product data sheets, sketches, and/or drawings.

Delivery Schedule: The offeror shall provide a schedule for delivery that meets the required delivery dates in the SOW. Delivery date(s) for all items must be on or before the period of performance end date indicated in the solicitation.

Quality Control: Describe how the items and equipment will remain undamaged until they are inspected and accepted at the point of delivery. The point of delivery is the freight forwarder, dfYoung. The Items are inspected and accepted in the U.S.A. then, dfYoung transports the items to Egypt.

Warranty Plan: Describe how the manufacturer’s warranty for items and equipment will be maintained and transferred to the end user once they are inspected and accepted at the point of delivery. Offeror’s point of contact (POC) shall include the POC for warranty information to include name, telephone number, and email address.

To be considered for an award the offeror MUST submit the above documentation and the documentation must comply with the requirements of the SOW (15-page limit). Variations to the technical requirements of the SOW may not be accepted and could cause the offeror to NOT be considered acceptable for award. Offerors that fail to provide the submittals identified above may be deemed non-responsive and the proposal may not be evaluated.

Factor 2 Price:

Offerors MUST provide a price for each line item in Attachment A – Cost Breakdown. The cost breakdown separates total costs into identifiable elements, such as labor, materials, equipment, subcontracts, overhead, and profit. Price proposals must be in U.S. Dollars (USD) and offerors shall fully complete the Attachment A – Cost Breakdown Sheet. The price evaluation will not be numerically scored or otherwise assigned a rating to the price proposals but will be evaluated for completeness, balance, and reasonableness.

Price Evaluation:

Offerors shall be advised in the solicitation documents that only FFP proposals will be considered. Other kinds of offers, or offers that are conditional in nature, are not to be considered for a contract award unless corrected by means of discussions or some other authorized means. However, potential offerors will be informed in the solicitation that the Government intends to make a contract award without discussions while reserving its right to have discussions if determined to be in the best interest of the Government.

Price proposals will be reviewed and analyzed for completeness, balance, and reasonableness. The determination of completeness involves review of proposal schedules. Reasonableness evaluations include, but are not limited to, a comparison with the Independent Government Cost Estimate and the proposed prices submitted by the other offerors. Additionally, a review of offerors’ price proposals for unbalanced pricing will be done IAW FAR 15.404-1(g).

System for Award Management (SAM)

All Offeror’s submitting a proposal for this solicitation shall be actively registered in the SAM system at time of proposal submittal and shall remain active in SAM in accordance with Federal Acquisition Regulation (FAR) Clause 52.204-7 System for Award Management. Offeror’s may register in SAM on the internet at: https://www.sam.gov.

Proposal Submittal

a. Electronic copies of each volume shall be submitted through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) site at https://piee.eb.mil/. Proposals submitted by mail or hand carried will not be evaluated. Proposals sent through email, third party File Transfer Protocol (FTP) sites, or DoD SAFE will not be retrieved. All proposals received after the exact date and time specified for receipt shall be treated as late submissions and will not be considered except under circumstances allowed by the FAR. For instructions on how to post an offer, please refer to the Posting Offer demo https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Offeror’s responsibility to obtain written confirmation of receipt of all electronic files of the full proposal by the USACE Contracting Office. If the Solicitation Module is down, the alternate method for proposal submission is via email to: Eric.L.Caruso@usace.army.mil and Stephanie.L.Langhorne@usace.army.mil. The Offeror must obtain prior approval from the Contracting Officer to use the alternate submission method.

Electronic copies of each volume shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite 2016. Narrative portions of the proposal shall be in Adobe Acrobat portable document file (pdf) searchable text format. The Offeror shall not embed sound or video (e.g., MPEG) files into the proposal files. Electronic files shall be clearly identified for each volume, section, and item.

Proposals shall include technical and price submittals as required above. Proposals are due on November 25, 2024, not later than 4:00pm U.S. Eastern Standard Time. Proposals received after this date and time will not be accepted.

b. Bidder Inquiries: During the solicitation period, all correspondence with industry will be conducted strictly through the ProjNet (www.projnet.org) website using the bidder inquiry key, Q23VKJ-G5I434. The cut-off date for submission of inquiries will be 11 November 2024 at 10:00 AM Eastern Time.

PROPOSAL FORMAT AND PROPOSAL SUBMISSION

1. The Government will not make assumptions concerning intent, capability, or experience. Clear identification of proposal details shall be the sole responsibility of the Offeror. The proposal shall meet the following basic requirements.

a. The proposal shall be typed, submitted in English and be in 12-point font, double spaced.

b. Proposal shall be organized, concise, and submitted electronically in two (2) volumes. Volumes shall be clearly identified and tabbed. Each factor shall be described in a separate tabbed section.

c. Each volume shall be identified by the solicitation number, volume number, name, e-mail address, telephone number, address, Tax Identification Number, UEI, and CAGE number of the prime Offeror on the cover.

d. Volume I: Offerors shall submit technical (non-price) proposals containing Factor 1 – Technical Capability.

Offerors must verify that the information submitted for Factor 1 is current, correct, and complete including names of the points-of-contact, email addresses, and telephone numbers as applicable.

e. Volume I: Offerors shall limit technical (non-price) proposals to 15 pages.

f. Volume II: The price proposal shall be completed in full. Volume II shall include the SF 1449 and verification of all amendments received (signed and dated).

g. Volume II price proposal shall include the completed Attachment A – Cost Breakdown Sheet.

h. Proposals shall completely and adequately address the requirements of this solicitation. Offerors are reminded that elaborate corporate marketing information, formatting, special reproduction techniques, etc., are not necessary.

i. Each offeror shall submit an electronic copy of each Volume, including the Price Proposal.

j. Offerors are cautioned against submitting conditional proposals. Any proposals with conditions may not be evaluated or considered for award. All questions and concerns shall be addressed conducted strictly through the ProjNet (www.projnet.org) prior to the closing date of the bidder inquiry key (no later than 11 November 2024), providing adequate time for the Contracting Officer to answer the concerns.

k. Failing to submit attachments or failing to complete the proposal properly, may result in rejection of the offer without further evaluation. Therefore, Offerors are urged to follow instructions and coordinate with the Contracting Officer and Contracting Specialist if instructions are not understood.

l. The RFP does not commit the Government to pay any costs incurred in the preparation and submission of a proposal or for any other costs incurred by any firm submitting a proposal in response to this solicitation.

All offerors submitting proposals for this solicitation must be actively registered in the System for Award Management (SAM) at the time of proposal submittal. Proposals of offerors that are not actively registered in SAM will be considered unacceptable. Offerors should complete the registration process in SAM at least two weeks prior to the proposal due date to ensure active registration. Offerors may register in SAM on the internet at: https://www.sam.gov.

m. Solicitation Inquiries: All inquiries regarding this solicitation are to be submitted via the ProjNet bidder inquiry system. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/.

n. Inquiries must be submitted no later than 11 November 2024 at 10:00 A.M. Eastern Time. Offerors will not be able to submit inquiries after this date as the ProjNet system will be shut down.

o. To submit and review bid inquiries, offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

The Bidder Inquiry Key is: Q23VKJ-G5I434

From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

Identify the Agency as USACE.

Key. Enter the Bidder Inquiry Key listed above.

Email. Enter the email address you would like to use for communication.

Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret

Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

Click Add User. Once this is completed, you are now registered within ProjNet and are currently logged into the system.

p. A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

q. For specific step-by-step for POSTING YOUR INQUIRIES, see the Reference link on the Contract

Viewer.

r. For questions about the ProjNet-®, please contact the Call Center help desk toll free at 1- 800-428-HELP, which operates from 8:00 AM to 5:00 PM (Eastern US time zone). ProjNet-® questions can also be emailed to the helpdesk at staff@rcesupport.com.

Summary of formatting requirements for all volumes:

Font Type: Arial or Times New Roman Font Size: 12 for text pages; 10 for spreadsheets, diagrams, tables Page Size: 8.5” x 11” text pages; Pages larger than 8.5 x 11 shall count as two pages in determining page counts; (11” x 17” may be used for charts, diagrams, spreadsheets, and tables with a 10-point font minimum).

Page Definition: is defined as a single sheet of paper with text on one side.

Language: Proposals must be typed and submitted in English. Proposals submitted in a language other than

English are unacceptable. Letters of Intent, licenses, partnership agreements or JV agreements, if not written in English, must be accompanied by an English translated copy with a signed statement, in English, by an authorized representative who can bind each partner that the English translation is true and correct.

Sentence Spacing: Single Paragraph Spacing – separated by at least one blank line.

Documents must be searchable.

2. Joint Ventures:

An offeror that is a Joint Venture (JV) must submit a legally binding JV agreement signed by an authorized officer from each of the firms comprising the JV with the chief executive of each entity identified and must be translated into English, if the original agreement is in a language other than English. The Government will not evaluate the capabilities of any offerors that are not included in the JV agreement.

3. Proposal Package:

Volume I – Technical Proposal

Factor 1 – Technical Capability JV Letter of Commitment (if applicable)

It is the Government’s intent to award a contract to the Lowest Price offeror without discussions; however, the Government reserves the right to hold discussions if deemed necessary.

To be considered technically acceptable, the proposed parts and equipment shall meet the solicitation requirements including required specifications, delivery dates, and terms and conditions stated in the solicitation.

The Government will evaluate the offeror’s technical proposal against these requirements to determine whether the proposal is acceptable or unacceptable, using the following ratings and descriptions:

Adjectival Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Volume II – Price

Factor 2 – Price

TAB # Contents of the Price Proposal 1 The Proposal Cover Sheet, to include the solicitation number, volume number, name, e-mail address, telephone number, address, Tax Identification Number, UEI, and CAGE number.

2 The SF 1449 and acknowledgement of all Amendments (signed and dated) 3 Completed Attachment A – Cost Breakdown Sheet

The Government will select the source whose proposal offers the lowest evaluated price and for which all non-price factors are rated as acceptable in accordance with established plan in the solicitation. Offerors shall submit electronic copies of each volume through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) suite at https://piee.eb.mil/. For instructions on how to post an offer, please refer to the Posting Offer demo at https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf. Proposals submitted by mail or hand carried will not be evaluated. Proposals sent through email, third party File Transfer Protocol (FTP) sites, or DoD SAFE will not be retrieved. All proposals received after the exact time specified for receipt shall be treated as late submissions and will not be considered except under circumstances allowed by the FAR.

Proposals are due no later than 4:00 PM U.S. Eastern Time (ET) on 25 November 2024. Proposals received after this date and time will not be accepted or evaluated unless the Contracting Officer determines otherwise as indicated in FAR 52.212-1(f)(2).

4. Post Contract Award Notifications:

Unsuccessful offerors are not entitled to debriefs under FAR part 13 Simplified Acquisition Procedures. FAR Subpart 13.106-3(d) Request for information states if a supplier requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided (see 15.503(b)(2)). However, the SSA has determined that Offerors that are evaluated will receive an unsuccessful offeror notice providing them substantially the same information as is contained with FAR Subpart 15.503. The unsuccessful offeror letters will be sent within three (3) days after the date of contract award. The SSA will not provide a formal debriefing to all offerors, if requested.

(b) Options. Not Applicable to this procurement.

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(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 products and commercial services:

(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 Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services: [Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

___ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror…