B08 - Solicitation - W912EQ23B0003.pdf

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 27 Jun 2023

X

A X B X C

D

EX

X G F 87 - 115

116 - 134 X H

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)

1 134

(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.

W912EQ 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

167 N Main St. Rm 665 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 - 9 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

10 - 12 13 - 16

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 - 20 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 21 - 26 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

27 - 84

PART II - CONTRACT CLAUSES

US ARMY ENGINEER DISTRICT, MEMPHIS

TOMMYE SEPULVEDA

167 N. MAIN ST.

MEMPHIS TN 38103-1894 901-579-3647

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

85 - 86

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

26 May 2023

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912EQ23B0003

Section B - Supplies or Services and Prices

BID SCHEDULE

U.S. ARMY CORPS OF ENGINEERS

MVM MEMPHIS DISTRICT

W.G. HUXTABLE & GRAHAM BURKE PUMPING PLANT GEARBOX REBUILD

LEE & PHILLIPS COUNTY, AR

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

BASE BID: Project is to clean, fully recondition, and inspect eleven (11) Western Gear Gearboxes (size: BHV-690) to include ONSITE cleaning of internal housing via pressure washing with a non-water based solvent, performing a vibration analysis III on each of the eleven (11) gearboxes, and to install duplex core oil filters on all ten (10) gearboxes at the W.G Huxtable Pumping Plant. The project also includes site cleanup.

ITEM DESCRIPTION QTY U/I UNIT PRICE TOTAL PRICE

001 Gearbox 1 EA $_________ $_________ Huxtable No.1, Serial No. HUX01

002 Gearbox 1 EA $_________ $_________ Huxtable No.2, Serial No. HUX02

003 Gearbox 1 EA $_________ $_________ Huxtable No.3, Serial No. HUX03

004 Gearbox 1 EA $_________ $_________ Huxtable No.4, Serial No. HUX04

005 Gearbox 1 EA $_________ $_________ Huxtable No.5, Serial No. HUX05

006 Gearbox 1 EA $_________ $_________ Huxtable No.6, Serial No. HUX06

007 Gearbox 1 EA $_________ $_________ Huxtable No.7, Serial No. HUX07

008 Gearbox 1 EA $_________ $_________ Huxtable No.8, Serial No. HUX08

009 Gearbox 1 EA $_________ $_________ Graham Burke No.1, Serial No. GB101

010 Gearbox 1 EA $_________ $_________ Graham Burke No.2, Serial No. GB102

011 Gearbox 1 EA $_________ $_________ Graham Burke No.3, Serial No. GB103

012 Install duplex core oil filter in Gearboxes 10 EA $_________ $_________

Huxtable Pumping Plant only

013 Vibration Analysis III for Gear Boxes 1 JB $_________ $_________

014 Additional Required Gearbox Components $_________ $_________ (non-priced)

GRAND TOTAL FOR TOTAL REBUILD AND FILTER INSTALLATION $_________________

OPTION #1

ITEM DESCRIPTION QTY U/I UNIT PRICE TOTAL PRICE

001 Replace Lube Oil Pump for Gear Boxes 11 EA $_________ $_________

NOTES

NOTE 1: Any bid price for items indicated above which are unbalanced as to price may be rejected as non-responsive. An unbalanced bid is one which is based on price significantly less than cost for some work and price which is significantly overstated for other work.

Award will be made as a whole to one bidder.

NOTE 2: If a bid or modification to a bid based on unit prices is submitted and provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price, including lump sum units, in bid schedule must be stated, or, if it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

Section C - Descriptions and Specifications

SCOPE OF WORK

U.S. ARMY CORPS OF ENGINEERS

MVM MEMPHIS DISTRICT

W.G. HUXTABLE & GRAHAM BURKE PUMPING PLANT GEARBOX REBUILD

LEE & PHILLIPS COUNTY, AR

SECTION C – SCOPE OF WORK

1. DESCRIPTION OF WORK

1.1 GENERAL: This is a contract to clean, fully recondition, and inspect eleven (11) Western Gear Boxes (BHV-690) to include the cleaning of oil drain lines on labyrinth seal and drain lines in the gear box and the installation of a new duplex core oil filter on all ten (10) gear boxes at the W.G. Huxtable Pumping Plant. The contract also includes a level III vibration analysis for each gear box. The Contractor shall provide transportation to and from each job site.

The Contractor shall be totally responsible to the Government for any subcontractor on this contract. During pumping season, November 15-May 15, only one (1) of three (3) pumping systems shall be down at the same time at the Graham Burke Pumping Plant and only two (2) of ten (10) pumping systems shall be down at the same time at the W.G. Huxtable Pumping Plant. During non-pumping season, more flexibility can be discussed. The Contractor shall coordinate with the Contracting Officer (KO) prior to taking any pumping systems out of service. (Pumping system is defined as engine/gearbox/pump as a full unit)

1.2 DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials, and equipment to successfully clean, fully recondition, and inspect eleven (11) Western Gear Boxes (Huxtable and Graham Burke), install new duplex core oil filters including support brackets on ten (10) gearboxes (Huxtable Pumping Plant only), and perform a level III vibration analysis on eleven (11) gear boxes. New equipment shall come with standard 1 year warranty or 800 hours of operation, whichever is greater. The Contractor shall provide all labor, parts and tools for this project.

All work shall conform to local, state and federal codes. Work is considered a “turn-key” task.

The Contractor shall provide an inspection report documenting parts requiring repair or replacement. The report shall be itemized and detailed as to the need for the repair or replacement. Necessary repairs and replacements will be negotiated under the Changes Clause of this contract.

The following is a list of activities required for cleaning and installation of new oil filters on the gear boxes. The work required under this contract shall include, but may not be limited to, the following activities.

Remove inspection covers and upper housing Pressure wash the internals of the unit with a mineral based product (not water) Drain cleaning solvent Remove, clean and install all lubrication piping Install filtration, a duplex design along with support brackets (Huxtable only)

The Contractor shall perform an 8-hour run in, replace the used oil filters with new ones after the run in, and supply thirteen (13) new filters for future replacement. Filters are to be provided in the original boxes.

1.3 BACKGROUND: Both Pumping Plants have been in service for over 40 years. A thorough fully recondition and cleaning of two of the ten gearboxes at Huxtable Pumping Plant was completed under a previous contract. The remaining eleven (11) gearboxes (eight at Huxtable and three at Graham Burke) require fully reconditioning to include lubrication in lines, a vibration analysis, and new parts/equipment to ensure the Pumping Plants can continue to perform as originally intended. Other components may need repair or replacement.

1.4 OBJECTIVES: This statement of work requires a contractor to complete the work described in the description of work and Scope in accordance with the contract requirement. The gear boxes shall be 100% mission capable once all work has been completed.

1.5 SCOPE: The scope consist of furnishing all plant, labor, materials and equipment to successfully perform all the work described above. The contractor shall provide, furnish, and install all necessary and appropriate components, items, or similar incidental items necessary to fully recondition the gear boxes, install new magnetic core oil filters (duplex design) and support brackets. The magnetic duplex filter shall have 25 micron filtration and shall include an indicator for dirty filter condition. Contractor shall perform a no-load spin test on each gear box to confirm gear contact patterns and proper lubrication. Upon completion, the pumping systems shall perform as originally intended.

As part of this contract USACE will perform the following actions.

Drain gearboxes of oil and replace with new oil, dispose of lube oil, rags and solvents Provide 55 gal drums for disposing of cleaning solvent

2. OPTIONS

2.1. OPTION 1: If the written report, as noted in section 1.2, identifies the gearbox lube oil pump as needing repair or replacement, it shall be replaced with new equivalent lube oil pump and any associated connections, brackets, etc.

3. PERIOD OF PERFORMANCE

3.1 PERIOD OF PERFORMANCE: The contractor shall be required to (a) commence work under the contract as a result of this statement of work within 10 calendar days after the contractor receives the notice of award, (b) prosecute the work diligently, and (c) complete the entire scope of work no later than 13 November 2026. The time stated for completion shall include cleanup of the premises. Normal business hours at the Pumping Plants are 0600-1630 Monday through Thursday. The Contractor hours may be adjusted. If alternate hours are requested, this must be agreed upon by Government’s Technical Representative or the Contracting Officer (KO), and contractor.

3.2 EXCLUSION PERIODS: If an abnormal plant operations situation occurs resulting in a reduction of plant operability below 75% (Huxtable) or 65% (Graham Burke), then no more pumping systems may be taken out of service until operability is restored to the above mentioned benchmarks. This period has not been considered in computing the time allowed for contract completion. The Contractor may, however, perform work during all or any part of the non-work period provided prior approval has been received, in writing, from the Contracting Officer.

3.3 SECURITY MEASURES: All contractor's and all associated sub-contractor's employees shall comply with applicable District and facility access and local security policies and procedures (provided by government representative).

Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) at the facility change, the Government may require changes in contractor security matters or processes.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

The contractor must pre-screen candidates using the E-verify Program (https://www.e-verify.gov) website to meet the established employment eligibility requirements. The contractor must ensure that the candidate has two valid forms of government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the Contracting Officer’s Representative (COR) no later than 3 business days after the initial contract award.

4. GENERAL INFORMATION

4.1 QUALITY ASSURANCE: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed the work in an acceptable manner.

4.2 PLACE OF PERFORMANCE: The work will be performed at the Graham Burke Pumping Plant, located on the White River near Mellwood, AR 72367 (GPS: 34.188299, -91.071314) and at the W.G. Huxtable Pumping Plant, located near Marianna, AR 72360 (GPS: 34.734564, -90.647850).

4.3 EXISTING WORK: In addition to FAR 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements:

a. Remove or alter existing work in such a manner as to prevent injury or damage to any portions of the existing work which remain.

b. Repair or replace portions of existing work which have been altered during construction operations to match existing or adjoining work, as approved by the KO. At the completion of operations, existing work must be in a condition equal to or better than that which existed before new work started.

4.4 COOPERATION WITH OTHERS: The Contractor shall coordinate all operations with the rebuild effort of ten (10) Fairbanks Morse Engines at the Huxtable Pumping Plant. Close cooperation between the Contractors’ personnel and all other personnel within the vicinity will be required. In the event of controversy between the Contractor’s personnel and other personnel, the Contracting Officer’s decision will be final.

5. GOVERNMENT FURNISHED ITEMS AND SERVICES

5.1 SERVICES: At project completion, the contractor and Pumping Plant Superintendent or KO will make a joint visual inspection of the project and any needed repairs noted shall be identified. The contractor shall be responsible for the repair of any noted damages related to the contract performance and will make needed repairs immediately at no additional cost to the Government.

5.2 UTILITIES: The Government will provide reasonable utilities at its discretion.

5.3 EQUIPMENT: The Graham Burke Pumping Plant is equipped with a 15-ton bridge crane and the Huxtable Pumping Plant is equipped with a 50-ton bridge crane that can be used for the purposes of this contract but can only be operated by USACE personnel.

6. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

6.1 GENERAL: contractor is to provide all labor and material for the entire scope of work. When work is being performed at job site, the contractor shall provide an on-site supervisor at the job site for the duration of the contract. The contractor shall be responsible for damages and repairs to any Corps of Engineers equipment caused by the contractor’s action.

6.2 SUBMITTALS: Installation details, equipment cut-sheets and test procedures shall be submitted for prior approval by the Government Technical Representative. All operation and maintenance manuals shall be furnished prior to closure of contract.

7. OTHER CONTRACTOR REQUIREMENTS:

7.1 SAFETY RELATED SPECIAL REQUIRMENTS: ALL WORK UNDER THIS CONTRACT SHALL COMPLY WITH THE LATEST VERSION OF U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1, AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) STANDARDS IN EFFECT ON THE DATE OF THE SOLICITATION. THE

MANUAL CAN BE ACCESSED AT THE FOLLOWING LINK.

HTTP://WWW.USACE.ARMY.MIL/SAFETYANDOCCUPATIONALHEALTH.ASPX. NO SEPARATE PAYMENT WILL BE MADE FOR COMPLIANCE WITH THE EM 385-1-1, NOR FOR COMPLIANCE WITH ANY OF THE OTHER SAFETY-RELATED

SPECIAL REQUIREMENTS.

Technical Exhibit 1

PERFORMANCE REQUIREMENTS SUMMARY

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard PERFORMANCE

THRESHOLD /

ACCEPTABLE

QUALITY LEVEL

(AQL)

Method of Surveillance

PRS # 1

Contractor shall rebuild each gear box (11)

Inspection shall be thorough and documented. Contractor shall inform customer of remediation measures required for full performance

Full Government Acceptance

Periodic Surveillance

PRS # 2

Contractor shall install new duplex core oil filter in each gear box (10) at Huxtable Pumping Plant

Installation of new parts shall be 100 percent mission capable and perform to or nearly to the original specifications.

Full Government Acceptance

100% Inspection

PRS # 3

Contractor shall perform a level III vibration analysis on each gear box (11)

Vibration Analysis shall be thorough and documented.

Contractor shall inform customer of any abnormal or readings not within allowable limits and provide remediation measures required.

Full Government Acceptance

100% Inspection

PRS # 4

Contractor shall perform no-load spin test on each gear box (11)

Inspection shall be thorough and documented. Contractor shall inform customer of problems identified and provide remediation measures required.

Full Government Acceptance

Periodic Surveillance

PRS # 5

Contractor shall complete performance no later than 13 November 2026.

Contractor shall inform customer of possible problems that would delay performance as soon as possible.

Full Government Acceptance

Periodic Surveillance

PRS # 6

Contractor shall receive Contracting Officer’s approval for any changes in scope and price in advance of performance

Contractor shall not proceed with changes or modifications of the contract without the Contracting Officer’s approval

No deviations allowed without KO approval

Random Inspections

Technical Exhibit 2

DELIVERABLES SCHEDULE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

DELIVERABLE FREQUENCY # OF COPIES MEDIUM/FORMAT SUBMIT TO

Detailed Inspection Reports as outlined in PWS Section 1.2.

Upon completion One (1)

Electronic (*.PDF or *.Docx)

COR/Government Technical Representative

Eleven (11) rebuilt and fully functioning Western Gear Boxes with accessories and incidentals as outlined in PWS.

Upon completion N/A

N/A

Ten (10) New duplex core oil filters including support brackets for Huxtable Pumping Plant only

Upon completion N/A

Design Data and Operation and Maintenance Instructions

Upon completion One (1) Electronic (*.PDF or *.Docx)

COR/Government

Representative

Spare duplex Core oil filter in original box

Upon completion Thirteen (13) Not specified COR/Government

Representative

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

(End of clause)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 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) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

52.247-34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JAN 2023)

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

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--

(i) This contract is a construction contract; or

(ii) The supplies being transported are--

(A) Other than commercial products; or

(B) Commercial products that--

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of the steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM CONTRACT QUANTITY

DESCRIPTION LINE ITEMS

TOTAL_______________________________________________________________

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor has indicated by the response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor--

(1) Shall notify the Contracting Officer of that fact; and

(2) Hereby agrees to comply with all the terms and conditions of this clause.

(i) Subcontracts. In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Section G - Contract Administration Data

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018)

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

Contract financing payment means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include--

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include--

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

Electronic form means any automated system that transmits information electronically from the initiating system to affected systems.

Invoice payment means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include--

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed- Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

Receiving report means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when-

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $---- of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $--

(month) (day), (year) $----

(month) (day), (year) $----

(month) (day), (year) $----

Section H - Special Contract Requirements

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise…