Elliott Turbochargers - HSCG40-12-R-30015.pdf

UNITED STATES COAST GUARD

Elliott Turbochargers

Used on

Fairbanks Morse Man Propulsion Diesel Engines Onboard the 378’ WHEC Cutter

REQUEST FOR PROPOSAL

SOLICITATION No. HSCG40-12-R-30015

COMMANDING OFFICER

U.S. COAST GUARD

SURFACE FORCES LOGISTICS CENTER

PROCUREMENT BRANCH 2/LREPL

2401 Hawkins Point Road Baltimore, MD 21226-5000

Prepared by: Tara Upchurch 03/07/2012

HSCG40-12-R-30015

See Attached SF 1449 page 1, which will be included into solicitation/contract after Offeror Completion

See attached SF 1449 page 2, which will be included into solicitation/contract after Offeror Completion.

NOTICE FOR FILING AGENCY PROTESTS - United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman.

Informal forum with the Ombudsman: Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman: Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to:

Department of Homeland Security United States Coast Guard (CG-9131)

Ombudsman Program for Agency Protests 1900 Half Street, SW, Room 11-0602

Washington, D. C. 20593-0001

FAX: 202.475.3904

The Ombudsman Hotline telephone number is 202.372.3695

TABLE OF CONTENTS

DESCRIPTION PAGE(S)

Standard Form 1449 (SF1449) 2-3

Addendum to Standard Form 1449:

Schedule of Supplies/Services 6 Contract Line Items 7 Delivery Schedule 8

Specification 9-15 Appendices to Specification 16

Delivery Information 17 Block 18A, Additional Payment Information 18

Contract Administration 19

FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items 20-25

Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – 26 Commercial Items

FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement 35-40

Statutes or Executive Orders – Commercial Items

FAR Provision 52.212-1, Instructions to Offeror’s – Commercial Items 40-44

FAR 52.212-2, Evaluation – Commercial Items 46-48

FAR Clause 52.212-3, Offeror Representations and Certifications – Commercial

Items 48-63

SUPPLIES/SERVICES

The U.S. Coast Guard Surface Forces Logistics Center intends on awarding a Firm-Fixed Price contract for the purchase, preservation, packaging, packing, and marking of Elliott Turbochargers installed on the Fairbanks Morse Main Propulsion Diesel Engine, onboard the 378’ WHEC Cutters. The contract will be issued to one (1) contractor found to be lowest price technically acceptable with the evaluation factors set forth in this solicitation.

The contractor shall perform all functions necessary to provide the commercial item described herein. All supplies and/or services shall be included as per the scope of CLINS and the related specification and their associated appendices. The specification and appendices will be incorporated into the contract upon award.

*Note, unless otherwise stated: All prices on below CLINS shall be a firm fixed price.*

Each turbocharger shall be provided in accordance with SFLC specification entitled, “Purchase Specification For Turbochargers used On 378 Ft WHEC Coast Guard Vessels,” and applicable technical documents. The Contractor will provide the necessary reports as prescribed in the specification.

CONTRACT LINE ITEMS

CLIN Item Description Est.

Qty Unit of Issue

Unit Cost Total Cost

B.1 Manufacture and test turbocharger in accordance with paragraphs 3.0 and 4.0.

4 EA $________ $__________

B.2 Assembly Report/Test Report in accordance with paragraph 3.3.

4 EA $__NSP___ $___NSP___

B.3 Preserve, pack, package and mark turbocharger in accordance with paragraph 5.0

4 EA $__NSP___ $___NSP___

DELIVERY SCHEDULE

CLIN Description Number of Days

B.1 Manufacture and test turbocharger in accordance with paragraphs 3.0 and 4.0.

210 calendar days after receipt of order.

B.2 Assembly Report/Test Report in accordance with paragraph 3.3.

15 days after completion of CLIN B.1

B.3 Preserve, pack, package and mark turbocharger in accordance with paragraph 5.0

15 days after completion of CLIN B.1

PURCHASE SPECIFICATION FOR TURBOCHARGERS

USED ON 378 FT WHEC COAST GUARD VESSELS

1.0. SCOPE

1.1. This document sets forth the requirements for the manufacturing, testing, preservation, packing and marking of Elliott Turbocharger part number H564PT-2S2-IB740PS5WX180SA-164, used on U.S.

Coast Guard Fairbanks Morse 38TD 8 1/8 Diesel Engines.

2.0. APPLICABLE DOCUMENTS

2.1. GENERAL – The documents listed in this section are specified in sections 3, 4, or 5 of this specification. This section does not include documents cited in other sections of this specification or recommended for additional information or as examples. While every effort has been made to insure the completeness of this list, document users are cautioned that they must meet all specified requirements of the documents cited in section 3, 4, or 5 of this specification, whether or not they are listed here.

2.2.GOVERNMENT AND COMMERCIAL DOCUMENTS - The following specifications and standards form a part of this specification to the extent specified herein. Unless otherwise specified, the documents listed here by number and date shall be those in the Department of Defense Single Stock Point of Specification and Standards (DODSSP) and supplements thereto.

2.2.1. Federal

a. TT-P-28H, DATED June 28, 2007, Paint, Aluminum, Heat Resisting.

b. FED-STD-595B CHANGE NOTICE 1, DATED January, 11, 1994, FED-STD-STD 595B

DATED December 15, 1989, Colors Used in Government Procurement.

2.2.2. Military

a. MIL-C-104C (1) DATED 24, June, 1993, Crates, Wood; Lumber And Plywood Sheathed, Nailed and Bolted.

b. MIL-STD-2073-1D CHANGE NOTICE 1, DATED May 10, 2002, MIL-STD-2073-1D DATED

December 15, 1999, Standard Practice for Military Packaging.

c. MIL-DTL-15090D DATED November 6, 1996, MIL-E-15090C DATED March 30, 1982, Enamel, Equipment Light Gray (Formula No. 111).

d. MIL-PRF-21260E DATED July 31, 1998 Lubricating Oil, Internal Combustion Engine, Preservative Break-In

e. MIL-PRF-16173E(SH) w/INT. AMENDMENT 1 DATED September 7, 2006 Corrosion

Preventive Compound, Solvent Cutback, Cold-Application

2.2.3. Coast Guard Specifications

a. United States Coast Guard ELC Specification D-000-0100 Rev G dated 02/2006, Bar Coding for USCG Engineering Logistics Center Procured Material.

2.2.4. Elliot (OEM) Documents

a. Elliott Turbomachinery Co. Instruction Book TC-30E, Dated 9 Sep 1992, ELLIOTT TYPE H

HIGH PRESSURE TURBOCHARGERS

b. Shop Practices Manual SP-315A, Revision 15, Dated 18 May 1983, TURBOCHARGER

TESTING AND CHECKING DATA.

2.2.5. American Society For Quality (ASQ)

a. ASQ Q9001-2008, DATED 2008, Quality Management Systems - Requirements.

2.2.6. National Conference of Standards Laboratories (NCSL)

a. NCSL Z540-3-2006 DATED 2006, Requirements for the Calibration of Measuring and Test

Equipment.

2.2.7. Steel Structures Painting Council (SSPC)

a. SSPC-PAINT 25, DATED May 1, 1997, Editorial Changes November 1, 2004, Zinc Oxide, Alkyd, Linseed Oil Primer for Use Over Hand Cleaned Steel (Without Lead and Chromate Pigments-Red Iron Oxide).

2.3.SPECIFICATION ORDER OF PRECEDENCE - In the event of a conflict between this specification and the references cited herein, this specification shall take precedence. Nothing in this document, however, supersedes applicable laws and regulations unless a specific exemption has been obtained.

2.4.DOCUMENT AVAILABILITY – To obtain the referenced documents see section 6.1.

3.0. REQUIREMENTS

3.1.GENERAL – Manufacturing and testing of each turbocharger shall be accomplished in accordance with all applicable documents listed in section 2.0 of this specification.

3.2.SURFACE PAINTING

a. The following items shall be masked or plugged and not painted:

1. Oil inlet and drain openings

2. Hoses, hose connections or openings

3. Identification plate

4. Air inlet and discharge openings and flanges, exhaust inlet and discharge openings and flanges.

5. Water inlet and discharge openings

6. Any other openings that will permit foreign material to enter the turbocharger

b. All external areas not exposed to temperature that normally exceed 300 degrees F., while turbocharger is in operation, shall be coated as follows:

1. One coat, 2-3 mils thickness with Primer in accordance with SSPC-PAINT 25.

2. Two coats, at least 2 mils thick total, of high gloss Equipment Enamel, MIL-E-15090C, Formula 111, Type I, Class 1, light gray, Color No. 16492 per Federal Standard 595B.

c. All external surfaces normally exposed to temperatures that exceeds 300 degree F. shall be painted with 2 coats, 2 mils total thickness of Heat-Resistant Aluminum Paint, Federal Specification TT-P-28H Type I.

d. When all paint is dry, the masking shall be removed.

3.3.ASSEMBLY REPORT/TEST REPORT - The Contractor shall submit an Assembly Report/Test Report to the Contracting Officer for approval.

3.3.1. The Assembly Report/Test Report shall include all inspections and tests specified herein and all other inspections and tests needed to verify conformance to the requirements.

3.3.2. The Assembly Report/Test Report shall include (unless otherwise noted), but not be limited to:

a. Time and date of test or inspection.

b. A chronological listing of the tests and inspections to be performed.

c. Step-by-step inspection procedures for the assembly and pass/fail criteria.

d. Assembly dimensions, tolerances, thrust, adjustments, torque specs, and balance records observed, and all deficiencies found and the corrective action taken. Any deficiencies noted shall be highlighted.

e. A complete listing of all measuring test equipment (MTE) used with MTE serial numbers.

f. Dimensional inspection report with tolerances. Any deficiencies noted shall be highlighted.

g. Rotor assembly balance record, with tolerances.

1. The rotor assemblies shall be spun-balanced at the OEM recommended RPM.

2. The rate of unbalance shall not exceed 0.0216 in. oz.

h. Date and signatures of test or inspection personnel.

i. Signature of Government witness, if any.

3.4.NOTIFICATIONS & INSPECTIONS - The Contractor shall notify the Contracting Officer a minimum of ten (10) calendar days prior to any inspections or testing required herein.

4.0. QUALITY ASSURANCE

4.1.RESPONSIBILITY FOR INSPECTION - The Contractor is responsible for the performance of all inspection requirements as specified herein. The Contractor may use his own or any other facilities for the performance of the inspections and tests, unless disapproved by the Coast Guard. The Government reserves the right to perform or witness any of the inspections and tests set forth in this specification at any time.

4.2.RESPONSIBILITY FOR COMPLIANCE - All items shall meet the requirements of this specification.

The inspections set forth in this specification shall become part of the Contractor's overall inspection system or quality program. The absence of any inspection requirements in the specification shall not relieve the Contractor of the responsibility of assuring that all products or supplies submitted to the Government for acceptance comply with all requirements of the contract. Sampling for quality conformance does not authorize submission of known defective material (either indicated or actual) nor does it commit the government to acceptance of defective material.

4.3.QUALITY PROGRAM - The Contractor shall maintain a documented Quality Control (QC) Program conforming to ASQ Q9001-2008. A copy of this program shall be submitted to the Contracting Officer for approval within 15 calendar days after contract award.

4.4. INSPECTIONS - The inspections required herein are the minimum required and are not intended to replace any controls, examinations, inspections or tests normally employed by the Contractor to assure the quality of the equipment.

4.4.1. Rotor balancing inspection in accordance with section 3.3.2.g of this specification.

4.4.2. Preservation, packing, and marking in accordance with section 5.0 of this specification.

4.5. CALIBRATION SYSTEM - The Contractor shall maintain a test equipment calibration program conforming to NCSL Z540-3-2006. The Contractor shall have a copy of the calibration program readily available during the term of this contract for review by any Coast Guard personnel upon request.

4.6. NONCOMPLIANCE - Shall mean any single failure of any individual part or subsystem during inspection or testing.

4.6.1. The Contractor shall replace the failed part with new, and continue testing.

4.6.2. If, during assembly any noises, rubbing, or grinding are heard or felt indicating potential problems the entire test procedure shall be repeated after replacement of the failed part(s).

4.6.3. Any flaws detected in materials or construction methods which reduce the usefulness of the turbochargers to the Coast Guard shall be resolved before completing any further work.

4.6.4. Any unusual noises or other non-compliances, as determined by the Coast Guard Inspector, will require re-testing and shall be cause for failure.

4.7. TEST AND INSPECTION REPORTS - One copy of any inspection or test report approved for use from submittal shall be sent to the Contracting Officer for approval. A copy shall also be given to the Coast Guard Quality Assurance Representative upon his arrival at the Contractor's facility.

4.8. RECORDS - The Contractor shall maintain records by serial number of all inspections and tests.

4.8.1. The records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective action taken.

4.8.2. Copies of all records shall be maintained for Coast Guard inspection at any time during the duration of any Contract referencing this specification.

4.9. PACKING INSPECTION – The Contractor shall notify the Contracting Officer a minimum of ten (10) calendar days prior to the scheduled preservation, packing, and marking of the completed units.

5.0. PRESERVATION, PACKING, & MARKING

5.1. PRESERVATION

5.1.1. INTERNAL: Internal surfaces shall be spray/fogged and drained with Code 10, Grade 30 preservative as specified by MIL-STD-2073-1D APPENDIX J, TABLE J.III.

5.1.2. EXTERNAL: Unpainted surfaces shall be coated with Code 19, Grade 4, corrosion preventative as specified by MIL-STD-2073-1D APPENDIX J, TABLE J.III.

a. All fittings or openings that would allow foreign material to enter the unit shall be plugged or capped.

1. A soft rubber gasket shall be placed between the flanges and the bolted on cap.

5.2. PACKING - Each turbocharger shall be individually crated in accordance with MIL-C-104C (1), Class

2, Style A.

5.2.1. Top, side and end panels shall be fabricated and assembled (screwed) to each other as specified for Type I, and the combination fastened (bolted) to skid as specified for Type II.

5.2.2. Each turbo charger shall be supplied with a gasket installation kit to facilitate installation using the correct gaskets and seals. This kit shall be made part of the package. The contents shall be in a plastic bag and placed in a cardboard and clearly marked “installation gasket kit”.

5.3. MARKING - Each preserved and packed turbocharger shall be marked in the upper left-hand side of the two longest sides, (two opposite sides if square).

5.3.1. The markings shall be made with machine-made stencils; the lettering / numbering shall be 1” high, in permanent black printed characters on a highly contrasting “painted” background.

5.3.2. Bar Coding – A Bar Code label shall be attached to each turbocharger shipping container prior to shipment from the Contractor’s facility.

a. All bar coded labels shall be in accordance with ELC specification D-000-100.

1. The actual label shall be Type "V", Grade "2", Style "2", Composition "b" with plastic laminate.

2. Each label shall contain encoded data for the Stock Number.

a The marking required in 5.3 can be applied separately or as part of the Bar Code Label.

5.3.3. The marking shall consist of the following:

Marking layout for Model H 564

STOCK NUMBER 2950-01-057-7734

ITEM NAME Turbocharger

MODEL NUMBER H 564

SERIAL NUMBER "As per Enclosed Item" CONTRACT NUMBER See Contract Page 1 SHIPPING DATE "The Delivery Date to SFLC" WARRANTY EXPIRATION DATE As Determined by Contractor SHIPPING WEIGHT As Determined by Contractor

QUANTITY & UNIT OF ISSUE 1- EA

CONDITION CODE “A”

COAST GUARD SFLC MATERIAL

REUSABLE CONTAINER, DO NOT DESTROY,

REMOVE BOLTS, LIFT CRATE FROM SKID.

6.0. NOTES

6.1. GOVERNMENT & COMMERCIAL DOCUMENT SOURCES

6.1.1. GOVERNMENT DOCUMENTS

a. Department of Defense Single Stock Point (DODSSP) 700 Robbins Avenue Building #4, Section D Philadelphia, PA 19111-5094 215-697-2667/2179

FAX 215-697-1462

b. DOD & Navy Publications & Forms (Other Than DODSSP)

Naval Publication and Forms Center 5801 Tabor Ave.

Philadelphia, PA 19120 215-697-2197

c. USCG Engineering Logistics Center

Baltimore, Md. 21226-5000 410-762-6463 (Sharon Jackson) Attn. Contracting Branch, code 046

6.1.2. COMMERCIAL DOCUMENTS

a. Society for Protective Coatings

Steel Structures Painting Council (SSPC) 4516 Henry Street, Suite 301 Pittsburgh, Pa. 152-3728

(412) 687-1113

(412) 687-1153

b. SAE World Headquarters 400 Commonwealth Drive Warrendale, PA 15096-0001 (877)-606-7323 www.sae.org

APPENDIX A

CRITICAL DIMENSIONS FOR MODEL H564

Measurement Location Minimum Maximum

1) Rotor end play .007” .018”

2) Journal bearings Turbine end/Blower end

Shaft diameter O.D. 1.8695” 1.8700” Bearing diameter I.D. 1.8740” 1.8750” Clearance on Diameter .004” .0055”

3) Journal bearings Blower End Shaft Diameter O.D. 1.8695” 1.8700” Bearing Diameter I.D. 1.8740” 1.8750” Clearance on Diameter .004” .0055”

4) Radial clearance between turbine blade O.D. and shroud, cold 0.20” .040”

5) Oil seal turbine end Seal I.D. 3.287” 3.288”

Matching shaft O.D. 3.279” 3.280” Clearance on diameter .007” .009”

6) Oil seal blower end Seal I.D. 2.694” 2.695” Matching shaft O.D. 2.686” 2.687” Clearance on diameter .007” .009”

7) Radial clearance between nozzle ring blade O.D. and shroud, cold .0175” .035”

8) Run Clearance, impeller blade tip to blower inlet casing .033” .065”

9) Clearance, inducer to blower inlet casing .040” .055”

DELIVERY INFORMATION

SHIPPING

All Elliott Turbochargers shall be shipped to the following facility:

USCG Surface Forces Logistics Center Bldg. 88 2401 Hawkins Point Rd Baltimore MD, 21226-5000 M/F: Contract Number/Delivery Order Number (To be furnished at the time of contract award)

NOTE

Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor’s expense.

ADDITONAL PAYMENT INFORMATION

INVOICES

All supplies and/or services ordered under this Contract shall be billed once the work has been completed and received by the Surface Forces Logistics Center. The Contractor shall submit invoices to the following payment address:

U.S. Coast Guard Yard P.O. Box 4122 Chesapeake, VA 23327-4122 M/F: Contract Number/Delivery Order Number (To be furnished at the time of contract award)

Invoices may also be submitted electronically by accessing and completing the invoice form found at FIN- SMB-YardTeam@uscg.mil.

All invoices must contain the following information to constitute a proper invoice:

(1) Name and address of Contractor

(2) Invoice date

(3) Contract Number

(4) Description, quantity, unit of measure, unit price and extended price

(5) Terms of any prompt payment discounts offered

(6) Dun & Bradstreet (DUNS) Number

(7) Federal Tax Identification Number

(8) Name, title, and telephone number of individual to be notified upon receipt of improper invoice(s).

Invoices shall be processed in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. The Contractor is encouraged to assign an identification number to each invoice.

CONTRACT ADMINISTRATION DATA

The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 2401 Hawkins Point Road, Baltimore, MD 21226-5000, shall be the contract administrator of this contract – Tara Upchurch, (410) 762-6442, tara.n.upchurch@uscg.mil.

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL

(a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Technical Representative acting within the limits of their authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority.

(b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments.

GOVERNMENT REPRESENTATIVES

(a) The Government may, upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Technical Representative(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals, titles, and stipulate the rights, responsibilities, and limitations of their appointment.

(b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner.

STANDARD COMMERCIAL WARRANTY

If the item(s) required in the contract resulting from this solicitation are customarily warranted in the trade by a standard commercial warranty, such warranty shall be incorporated into this contract and thereby provided to the Government at no additional cost. Any standard commercial warranty provided shall be identical to the standard commercial warranty normally offered by the Contractor to the Contractor's most favored customer.

Offerors are requested to state the terms and conditions of their standard commercial warranty in the space provided below and attach a copy of the warranty terms with their offer.

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

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

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

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

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

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

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

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

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

(i) Payment.

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

(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act;

41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the CCR database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.

Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423, or 269-961-5757.

(End of Clause)

ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions applicable to this Agreement are as follows.

The following Federal Acquisition Regulation (FAR) Clauses are hereby incorporated into this Agreement by reference with the same force and effect as if incorporated in full text. Also, the full text of a clause may be accessed electronically at www.arnet.gov.

52.246-1 -- Contractor Inspection Requirements (Apr 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of Clause)

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)

52.246-17 -- Warranty of Supplies of a Noncomplex Nature.

As prescribed in 46.710(a)(1), insert a clause substantially as follows:

Warranty of Supplies of a Noncomplex Nature (June 2003)

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

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for eighteen (18) months from date of…