M00146-08-T-9020 Draft Solicitation.doc

Section SF 1449 - CONTINUATION SHEET

AIR COMPRESSOR DRYER

FFP

In accordance with Statement of Work

MILSTRIP: N6592308RC00510

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY REQUIREMENT

DESIRED/REQUIRED DELIVERY

Air Compressor Dryer and Piping Replacement

ITEM

DESCRIPTION

DESIRED

REQUIRED

NO.

DELIVERY

DELIVERY

Within 240 days after contract award Within 240 days after contract

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2007)

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

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (4) [Removed].

___ (5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-6.

___ (iii) Alternate II (MAR 2004) of 52.219-6.

___ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X_ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9 ___(iii) Alternate II (OCT 2001) of 52.219-9.

___ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f).

___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).

_X_ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X_ (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (AUG 2007) (E.O. 13126).

_X_ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X_ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_X_ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X_ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

_X_(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

___ (ii) Alternate I (AUG 2007) of 52.222-50.

___ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)).

___ (26) FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

___ (28) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

___ (ii) Alternate I (JAN 2004) of 52.225-3.

___ (iii) Alternate II (JAN 2004) of 52.225-3.

___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).

___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__X (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

___ (37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

___ (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

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

____ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

____ (7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

INSTRUCTION TO OFFERORS

1) INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

a. ADDRESSES FOR SUBMISSION OF OFFERS

i. The offeror is responsible for ensuring that proposals are received in the Contracting Department no later than 3:00 P.M. on June 6, 2008 as indicated on page one (1) of this solicitation. Failure of offeror’s proposal to be received prior to the hour and date specified may result in rejection of the offer.

b. Offers submitted via the U.S. Postal Service should be mailed to the following address:

i. Contracting Department

Supply MCAS

Attn: John K. Lawrence

PSC Box 8018, MCAS Bldg 159

Cherry Point, NC 28533-0018

c. Offers submitted by means other than U.S. Postal Service (FedEx, UPS, etc.) should be addressed for delivery to the following physical location:

i. Supply Directorate

Contracting Department

Attn: John K. Lawrence (252-466-7504)

Bldg. 159, Door T1

MCAS, Cherry Point, NC 28533

d. Solicitation Number M00146-08-T-9020 should be clearly marked on the outside of your proposal.

e. Facsimile and/or electronic submissions are not authorized.

2) INSTRUCTIONS FOR THE PREPARATION OF QUOTES

a. Technical Approach Instructions:

i. Quotes should be clearly and concisely written as well as being neat and logically assembled. When submitting documentation under this paragraph, ONLY THE COVER PAGE OF THE TECHNICAL APPROACH SHALL HAVE YOUR COMPANY LOGO, NAME, ETC. ON IT. All other documents (Past Performance, pricing) may contain company logo, name, etc. The offeror shall prepare and submit an original and three (3) copies of their technical proposal, which shall include, but is not limited to, the following:

1. Evaluation of the technical approach will be based upon the extent to which the offeror thoroughly and accurately describes the overall technical solution. This acquisition is conducted pursuant to FAR Subpart 13.5, and will utilize the streamlined evaluation procedures set fort in FAR Part 13. As such, the Government does not desire the submission of detailed proposals addressing each aspect of the specification in response to this solicitation. Rather, the Government seeks offers that 1) Acknowledge compliance with the requirements set forth in the Statement of Work; 2) Contain a detailed description of the offeror’s technical approach to the three (3) paragraphs of the SOW indicated below; and 3) That highlight any additional information that the offeror feels will make his or her offer more competitive. Offerors must provide a detailed description of their technical approach to the following three paragraphs of the specification:

a. Paragraph 3.3.1.1.1 Guaranteed Performance

1. The offeror shall demonstrate their technical approach on how they will meet the requirements listed in this paragraph.

b. Paragraph 3.3.1.1.2 Dew Point Monitor

1. The offeror shall demonstrate their technical approach on how they will meet the requirements listed in this paragraph.

c. Paragraph 3.3.1.1.3 Dryer controls

1. The offeror shall demonstrate their technical approach on how they will meet the requirements listed in this paragraph.

b. Past Performance Information

i. Offerors shall submit the past performance information requested below as part of their quotation.

1. Offeror shall submit a list of contracts completed within the past three (3) years, and all contracts currently in progress, which are similar in technical complexity and dollar value to this requirement. Include the following information for each contract listed:

a. Name of contracting activity.

b. Contract number.

c. Contract title.

d. Contract type.

e. Brief description of contract and relevance to this requirement.

f. Total contract value.

g. Period of performance.

h. Contracting officer, telephone number, and e-mail address.

i. Program manager/project officer, telephone number, and e-mail address.

2. Offerors must send a Client Authorization Letter (Attachment 01 ) and Contractor Performance Evaluation Survey (Attachment 02 ) to each reference listed in their quotation to assist in the timely processing of the past performance evaluation. Offerors are encouraged to consolidate requests whenever possible (i.e., if the same reference has several contracts, send that reference a single notice citing all applicable contracts).

a. The Client Authorization Letter and Contractor Performance Evaluation Survey should be mailed or e-mailed to individual references early enough to allow for the responses to be received by the Government no later than the quotation due date. The offeror should forward a copy of the Client Authorization Letter to the Contracting Officer simultaneously with mailing to references.

b. If an offeror has no relevant past performance history, an offeror must affirmatively state that it possesses no relevant past performance history.

c. Pricing Information

i. The offeror’s proposed firm-fixed price for this requirement.

ii. The offeror shall prepare and submit an original only of their pricing for this requirement. DO NOT SEND four (4) copies, as requested for the technical approach.

d. Representations and Certifications. The offeror shall include completed copies of FAR Clause 52.212-3 and DFARS Clause 52.212-7000 with the original of their price proposal.

3) EVALUATION FACTORS FOR AWARD

a. This procurement is being conducted pursuant to FAR 13.5.

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

i. Technical

ii. Past Performance

iii. Price

c. Quotations will be evaluated in an efficient and minimally burdensome fashion, and quotes may be comparatively evaluated pursuant to FAR 13.106-2(b). The Contracting Officer will reject offers that do not meet all the material terms and conditions set forth in the solicitation. Further, unreasonably high prices will be rejected and unrealistically low prices will be considered as evidence of the offeror’s lack of understanding of the requirement.

d. The Government will select the vendor(s) whose quote(s) is (are) considered most advantageous and check their past performance information, then select one vendor with whom to negotiate details. If agreement cannot be reached with that vendor, the Government will move to another of the most advantageous vendors.

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

4) List of Attachments

a. Client Authorization Letter

Attachment 01

b. Past Performance Questionnaire Attachment 02

CONTRACT NOTES

1.0 PACKAGING AND MARKING

1.1 MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS)

(i) Marking shall be in accordance with ASTM-D-3951-82 “Standard Practice for Commercial Packaging”.

(ii) Additional marking are stated below: (IF NONE, SO STATE)

MARK WITH CONTRACT NUMBER

1.2 PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS): Preservation, packaging, and packing shall be in accordance with ASTM-D-3951-90, Standard Practice for Commercial Packaging.

1.3 PROHIBITED PACKING MATERIALS: The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper, and similar hydroscopic or non-neutral materiel) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

2.0 INSPECTION AND ACCEPTANCE

(a) The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

(b) For the purpose of this procurement, the Contracting Officer’s Representative is the authorized representative for the Contracting Officer.

(c) Preliminary inspection shall be conducted at the contractor’s facility and may be witnessed by the contractor’s local DCMA representative.

(d) Final inspection and acceptance shall be performed at:

Fleet Readiness Center

MCAS Cherry Point, NC 28533

3.0 DELIVERIES OR PERFORMANCE

3.1 PLACE OF PERFORMANCE: Installation and training shall be performed at the Fleet Readiness Center East, MCAS Cherry Point, NC.

3.2 PLACE OF DELIVERY (DESTINATION): All supplies, materials, and documentation to be furnished hereunder shall be delivered, FOB Destination, all transportation charges paid by the contractor, to:

Fleet Readiness Center East

MCAS Cherry Point, NC 28533-0021

3.3 REQUIRED DELIVERY DATES

a. All requirements for delivery will be in accordance with the Delivery Information provided within this solicitation.

b. Documentation: All documentation shall be delivered in accordance with the requirements of the Statement of Work.

4.0 CONTRACT ADMINISTRATION DATA

4.1 CONTRACT ADMINISTRATOR FOR THE GOVERNMENT

The following representative of the Contracting Officer shall be contacted for contract administration purposes:

NAME: John K. Lawrence

CODE: SUL/1C

TELEPHONE: (252)466-7504

DSN: 582-7504

e-mail: john.lawrence@usmc.mil

4.2 COMMUNICATIONS

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

(c) A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

(d) The address and telephone number of the Contracting Officer is:

Name: Freda Morton Address: Contracting Department

Supply MCAS

PSC Box 8018

Cherry Point, NC 28533-0018

Phone: (252)466-2846 or (DSN) 582-2846 e-mail: freda.morton@usmc.mil

5.0 SPECIAL CONTRACT REQUIREMENTS

5.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

a) The COR for this contract is: Sheila Cuthbertson (252-464-9537)

Fleet Readiness Center East

MCAS Cherry Point, NC 28533

Sheila.cuthbertson@navy.mil

b) The COR will act as the Contracting Officer’s representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or statement of work, and monitoring the progress and quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have the authority to take any action, either directly or indirectly, that would change the pricing, quantity, quality, place of performance, delivery schedule, or any other terms and conditions of the contract (or delivery order), or to direct the accomplishment of effort which goes beyond the scope of the statement of work in the contract (or delivery order).

c) When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract (or delivery order), the contractor shall promptly notify the Contracting Officer (or Ordering Officer) in writing. The contractor under such direction shall take no action until the Contracting Officer (or Ordering Officer) has issued a modification to the contract (or delivery order) or has otherwise resolved the issue.

5.2 LIABILITY, AUTOMOBILE AND WORKMAN’S COMPENSATION INSURANCE

a) The contractor shall comply with provisions and requirements as contained herein:

a. Required Insurance (IAW FAR 28.306 (b): The contractor shall maintain insurance in the minimum amounts specified below and as required by FAR 52.228-05, Insurance – Work on a Government Installation”, at its own expense, procure and thereafter maintain the following kinds of insurance with respect to performance under this contract.

b. Workmen’s Compensation and Employers Liability Insurance as required by law except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000.

c. General Liability Insurance. Bodily injury liability insurance, in the minimum limits of $100,000 per person and $500,000 per occurrence shall be required on the comprehensive form of the policy.

d. Automobile Liability Insurance. This insurance shall be required on the comprehensive form of the policy and shall provide injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.

5.2 CERTIFICATE OF INSURANCE REQUIRED

a) In accordance with the clause entitled “Insurance – Work on a Government Installation” (FAR 52.228-5), the Contractor shall furnish to the Contracting Officer, a certificate or written statement of insurance prior to commencement of work under the contract. The contract number shall be cited on the certificate. The information shall be updated annually.

5.3 CONTRACTOR ACCESS TO CHERRY POINT

a) Within five (5) days after contract award, the contractor shall provide the following information on all contractor and subcontractor personnel that will be providing services aboard the US Marine Corps Air Station, Cherry Point, NC.

b) A list of all employees including name, date of birth and mailing address should be mailed to: Contracting Officer, PSC Box 8018, Supply MCAS, Cherry Point, NC 28533-0018 (Attn: Kathy Rogers) or e-mailed to kathy.rogers@usmc.mil . A letter will be prepared by the Contracting Office and sent to the Pass and Identification Office where it will be kept on file and used as a check list when contractor or subcontractor employees report to obtain their identification badges.

c) In order to perform services aboard the US Marine Corps Air Station, Cherry Point, NC each contractor and subcontractor employee shall be required to present the following information to the Pass and Identification Office:

i) Documentation of a criminal records check from the state or county covering the previous two years. Criminal records checks may be obtained from, but is not limited to the following sources: County Courthouse, Defense Security Service (www.dss.mil) and/or Infolink Screening Services, Inc. (www.infolinkscreening.com). Infolink Screening Services is listed as another possible source to obtain a criminal background check. The Government does not endorse nor is it affiliated with Infolink Screening Services.

ii) Proof of immigration status. Acceptable documents include birth certificate, Immigration and Naturalization Service (INS) forms, and passports.

iii) Proof of employment.

iv) Letter from contractor reflecting the contract number and term of the contract.

d) If an employee is terminated prior to end of the contract, the contractor shall return the base identification card to the Contracting Officer.

e) In no event will a contractor or subcontractor employee be permitted access to the US Marine Corps Air Station for the purpose of on-site performance without the documentation listed above. Failure to obtain this information will not result in extensions to contract start, delivery, or completion dates.

5.4 NOTIFICATION OF VISIT – FLEET READINESS CENTER (FRC) EAST

a) The contractor shall give notification to the receiving activity at least five days prior to the date of any visit for U.S. citizens and at least sixty days in advance for foreign nationals. The use of foreign nationals by the contractor at this facility is discouraged due to the strict security requirements regarding their access to military installations. Notification shall be provided as follows:

i) For security purposes, visitors to the FRC (FRC) East, Cherry Point, NC, are required to provide a letter on official letterhead requesting access. An official of the requesting organization (other than visitor) must sign the request. Visitors without proper vehicle identification must obtain entry authorization at the Marine Corps Air Station, Cherry Point main gate.

ii) The below information is required on all visit requests:

(1) Name (Last, First, MI) and Social Security Number

(2) Date and Place of Birth

(3) Citizenship (If visitor is a Legal Alien, a legible copy (front and back) of work visa or green card showing expiration date must accompany the request.)

(4) Clearance (if applicable)

(5) FRC East Point of Contact and Telephone Number*

(6) Dates and duration of visit

(7) Company telephone, fax, and contract number and dates

b) Unclassified visit requests (to be received at least 3 working days prior to date of visit) should be mailed to the below address or faxed to (252) 464-8867. Classified visit requests (to be received at least 5 working days prior to date of visit) should be mailed to the below address,

i) Attn: Security Manager (Code 7.4.1), or faxed to (252) 464-9676.

Commanding Officer

Attn: Visitor Control (Code 6.5.2)

FRC East

PSC Box 8021

Cherry Point, NC 28533-0021

c) For further assistance, contact the Visitor Control Office, (252) 464-7397/9665.

i) The FRC East point of contact for this requirement is: Mr. Sheila Cuthbertson (252) 464-9537

5.5 SAFETY REQUIREMENTS

a) The contractor and his employees shall become acquainted with and obey all Government regulations as Posted and shall contact the FRC East Safety Officer, telephone number (252)464-7015 or (252)464-7044, to ensure knowledge of Depot safety regulations.

b) In addition to any other provision relating to safety included elsewhere herein, the contractor’s performance will be subject to the following:

i) Occupational Safety Health Act of 1970, Public Law 91-595 (84 stat. 1590) (OSHA), included herein by operation of law; and

ii) All rules and regulations of the FRC East and/or the Marine Corps Air Station as administered by the respective safety director.

iii) The contractor shall contact the Station safety director, Building 198, Telephone (252) 466-2730, prior to commencing any services hereunder which are to be performed on Government property at the Marine Corps Air Station, Cherry Point, NC.

6 CONTRACT FINANCING

a) The contractor shall utilize FAR Clause 52.232-29, “Terms for Financing of Purchases of Commercial Items” (Feb 2002) as shown below.

Delivery payments shall be made only for completed supplies and services accepted by the Government in accordance with the terms of the contract. The method for computing financing payment amounts, as well as the specific conditions of contractor entitlement to these financing payments, are set forth in the chart below. The contractor shall grant the Government access to information and/or facilities, to the extent access is necessary, for the purposes of verifying the contractor’s entitlement to payment of contract financing.

The Contracting Officer may determine that the contractor’s financial condition constitutes adequate security for commercial contract financing payments. However, the Contracting Officer may always exercise the Government’s rights to require other security under paragraph (c) of the clause at 52.232-29, Terms for Financing of Purchases of Commercial Items, should that financial condition become inadequate security.

Liquidation of contract financing payments shall be on the same basis as the computation of contract financing payments; that is, financing payment computed on a whole contract basis shall be liquidated on a whole contract basis; and a payment computed on a line item basis shall be liquidated against that line item. If liquidation is on a whole contract basis, the contracting officer shall use a uniform liquidation percentage as the liquidation method, unless the contracting officer obtains the concurrence of the cognizant payment office that the proposed liquidation provisions can be executed by that office, or unless agency regulations provide alternative liquidation methods.

Contract financing payments shall be provided in accordance with the chart below, but shall be provided no more frequently than monthly. The contractor’s request for financing payments shall contain the information set forth in paragraph (e) of the clause at 52.232-29, Terms for Financing of Purchases of Commercial Items.

RECOMMENDED CONTRACT FINANCING PAYMENTS

Milestone/ Description % Accomplishment Method of *Amount

Verification

Email from COR to CO verifying acceptance.

Email from COR to CO verifying acceptance.

Contract Financing payments have been authorized for 40% of the total contract value as shown above. The remaining 60% balance of the contract value may be invoiced after completion of all remaining contract requirements including required Final Acceptance Testing, training, submittal of the remaining documentation.

* To be determined at time of contract award.

6.1 CERTIFICATION OF CONTRACT FINANCING PAYMENTS

The following certification shall be provided with each request for contract financing payment:

I certify to the best of my knowledge and belief that--

(1) This request for contract financing payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________ ; and

(5) After the making of this requested financing payment, the amount of all payments for each deliverable item for which financing payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

STATEMENT OF WORK

PERFORMANCE SPECIFICATION TO

REPLACE COMPRESSED

AIR DRYER AND PIPING

1.0 SCOPE. This specification describes the minimum performance requirements for the removal of an existing compressed air dryer and piping and accessories (herein referred to as the CDP) and the design and turnkey installation of a new CDP (i.e., compressed air dryer and piping) that will supply 300 – 350 lbs / inch (i.e., psig) to the Pneumatics Test Cells in Building 137 at FRC East, Marine Corps Air Station (MCAS) Cherry Point, NC. All equipment specified herein shall be designed and installed at FRC East, MCAS Cherry Point, NC.

2.0 APPLICABLE DOCUMENTS. The following documents, of the issue in effect on date of request for quotes, form a part of the specification to the extent specified herein.

2.1 Government documents. The following documents, of the issue in effect on date of request for quotes, form a part of the specification to the extent specified herein. Documents listed below are referenced in the specification by alphanumeric code only. Copies of these documents can be obtained from the publication sources listed in section 5.1.

2.2 Non - Government documents. The following documents (i.e., most recent versions), of the issue in effect on date of request for quotes, form a part of the specification to the extent specified herein. Documents listed below are referenced in the specification by alphanumeric code only. Copies of these documents can be obtained from the publication sources listed in section 5.1.

2.2.1 Drawing

PE – 19874M FRC EAST, Drawing titled: Replacement of Refrigerant Dryer, Shop

94401 (Code 6.2.3), Bldg 137

2.2.2 Government and Non-Government Documents.

CODE OF FEDERAL REGULATIONS (CFR) U.S. DEPARTMENT OF LABOR OCCUPATIONAL SAFETY AND HEALTH (OSHA)

OSHA 29 CFR 1910.147 Control of Hazardous Energy (Lockout/Tagout) OSHA 29 CFR 1910.1026 Hexavalent Chromium Standards.

ASME BPVC Construction of Pressure Vessels, Section VIII, Division I Rules for

ASME Section IX “Welded and Brazing Qualifications.”

ARI 520 Air-Conditioning and Refrigeration Institute(ARI)

– (1997) Positive Displacement Condensing Units

ASME B31.1 ASME International (ASME) – (2001) Power

Piping

UFGS Section 15212N NAVFAC Unified Facilities Guide Specifications –

( High and Medium Pressure Compressed Air

Piping)

UFGS Section 15216N NAVFAC Unified Facilities Guide

Specifications –

Welding Pressure Piping

2.2.3 Other publications

EM 385-1-1 U.S. Army Corps of Engineers, Safety and Health Requirements

Manual

NFPA 70 National Electrical Code

NFPA 79 Industrial Machinery, Electrical Standard for

2.3 Order of Precedence. In the event of a conflict between the text of this specification and the references cited herein (except for associated detail specifications, specification sheets or MS standards), the text of this specification shall take precedence. However, this specification shall not supersede applicable laws and regulations unless a specific exemption has been obtained.

3.0 REQUIREMENTS

3.1 General information and coverage. This specification was written for the purpose of soliciting quotes for the removal of the existing CDP, and the design, installation, and testing of a new CDP that will incorporate a new refrigerant dryer and associated piping from established Contractors having experience in the design, installation, and testing of high pressure compressed air lines and dryers. All equipment specified herein shall be installed at the FRC East, MCAS Cherry Point, NC. The equipment provided shall be the manufacturer’s current production model, new and unused, capable of performing its intended function in accordance with the operation and performance requirements of this specification. The equipment, piping, and associated accessories shall form a complete system so that when connected to the utilities identified herein, it can be used for all functions for which it is designed and constructed.

3.1.1. Work to be accomplished. The following objectives shall be accomplished by this specification:

a. Remove existing refrigerated water cooled compressed air dryer and install a new air cooled refrigerant compressed air dryer. Removal of a Hankinson Series H Dryer (PA: 65923X20146) and turnkey installation of a new high capacity dryer and a completely compatible dew point monitor and associated air cooled condenser. Contractor shall supply one packaged, fully assembled refrigerated type dryer, air cooled condenser (i.e., with condenser fan and motor) and dew point monitor. Dryer to be complete with: heat exchangers, separator, automatic condensate drains and interconnecting piping, and a refrigeration system and controls completely wired, piped and mounted on a structural steel frame ready for start-up after utility connections are made. The Contractor shall provide a medium pressure compressed air dryer of the mechanical refrigeration type (i.e., as defined by UFGS section 15212N titled Medium Pressure Compressed Air Dryers and by this document). The dryer of the new CDP shall be equipped with an automatic temperature shutdown switch to prevent freezing, a regenerative air to air exchanger in capacity size of 8,000 scfm (i.e., scfm stands for “standard” cubic feet per minute in which “standard” is defined as air being at 60 degrees Fahrenheit, 14.7 psia, and dry air with relative humidity equal to 0%), and a main air cooled condenser. The Contractor shall remove all associated dryer water lines to the designated (refer to PE-19874M) supply header (i.e., by removing the line or pipe, follow immediately by sealing and/or capping off opening.). All site locations for dryer and air cooled condenser are provided on PE-19874(M).

b. Replace and reconfigure high pressure (290-350 psig) compressed air lines. See PE-19874M for details on replacement and reconfiguring of existing high pressure compressed air piping. All new piping, new piping components (i.e., valves), and piping procedures shall abide by the current ASME B31.1 Power Piping code. All new compressed air line components (i.e., pipe, valve, gasket, joint, etc.) shall be rated for at least 350 psig at 150 degrees Fahrenheit.

c. Space limitations: The dryer unit shall fit in an overall foot print that has a width of 72”, length of 132” and an overall height of 100”. Dryer with dimensions exceeding this foot print will not be accepted. The air cooled condenser unit shall fit in a rectangular foot print that has a width 60” and a length of 150”.

3.1.2 Current production model. The equipment provided by the Contractor shall be a current production model. A current production model is the manufacturer’s current production, which on the date the Contractor’s quote, has been designed, engineered, and sold or offered for sale through advertisements or manufacturer’s published catalogs or brochures. Products such as a prototype unit, pre-production model, or a highly modified current model where major components have been redesigned, do not qualify as meeting this requirement.

3.1.3 New Parts. New parts are parts that have never been used in any machine. Parts that are removed by the Contractor and replaced with a new part are the Government’s property and/or designated as this specification states as disposable parts (i.e., see paragraph 3.1.5 Disposable Part(s).

3.1.4 Reconditioned Parts. The government will not accept any reconditioned parts. Reconditioned parts are defined as parts that have been removed from the CDP, cleaned, inspected, and reworked by the Contractor to meet the original manufacturer’s performance specifications.

3.1.5 Disposable Part(s). All stated items of this specification that are subject for removal shall be properly disposed of by the Contractor. Parts designated for removal shall be properly disposed of by the Contractor unless otherwise stated in this specification. The Contractor shall comply with all Federal, State and local environmental regulations. Contractor shall follow FRC EAST INSTRUCTION 5090.1H, Chapter 3 dated June 7, 2006 for appropriate spill response procedures and proper handling and disposal of hazardous waste. No replacement part(s) (i.e. control panel, relays, etc.) shall be disposed of until the Government has approved and officially accepted the complete system stated in this specification.

3.1.6 Turnkey installation. The Contractor shall provide all materials, labor, shipping, tools, handling equipment, and supervision required to remove existing equipment and construct, deliver, assemble, install, test, and put into operation the new and existing equipment specified herein.

3.2 System definition: The dryer, of the CDP, shall dry 100% saturated air at various volume flow rates of 200 to 6000 standard cubic feet per minute (i.e., scfm as defined by the Compressed Air Institute). Note, the air flow rates can occur at pressure ranges of 270-350 psig and temperatures at 100 degrees Fahrenheit in radically changing flow rates and time periods. The purpose of this system is to simulate engine bleed air conditions to the pneumatic components under test. Note the actual combine compressor flow output is from 0-8000 scfm therefore the subject dryer shall be able to dry 0-8000 scfm and the subject dryer shall be required to maintain a pressure dew point equal to or under 40 degrees Fahrenheit when the dryer inlet flow range is 200 to 6000 scfm. Also, the pressure as it relates to the pressure dew point for this specification will be set at 300 psig for the testing required in this specification.

3.3 Characteristics. The CDP shall meet, at minimum, the performance and physical characteristics described in Requirement section 3.0. The Contractor shall demonstrate the following CDP performance characteristics during the performance acceptance test (see section 4.6.4).

3.3.1 CDP Performance Characteristics:

3.3.1.1 Compressed Air Dryer.

3.3.1.1.1 Guaranteed Performance: The new compressed air dryer shall meet all the following performance, physical characteristics and design requirements as stated below:

a. Dryer design. The air dryer shall be designed, constructed, and controlled to sufficiently handle a very low load range (200 scfm to 4000 scfm ) 90% of time and high load range (4000 scfm to 8000 scfm) for 10% of the time. One mandatory requirement is that the dryer shall be maintained a constant pressure dew point of 40 degrees Fahrenheit at the dryer inlet flow range of 200 through 6000 scfm. That is, no matter what the load on the dryer may be, the dew point of the compressed air leaving the dryer shall be held at or below a constant pressure dew point of 40.0 degrees Fahrenheit for the inclusive range of 200 to 6000 scfm. The Contractor shall provide, in writing, at time of quote an accurate estimates of what dew point shall be at each of the following ranges of flow: i) range 50 scfm to 200 scfm, ii) range of 6000 scfm to 8000 scfm.

b. Design Conditions Requirements: At the following operating conditions, of barometric pressure of 14.7 psia, 95 degree Fahrenheit ambient air, the dryer shall be able to operate and provide a constant pressure dew point of 40.0 degrees Fahrenheit throughout the following stated operating inlet range conditions (i.e., 1 through 4) shown below:

(1) Inlet pressure range, psig 270 to 350

(2) Inlet flow rate range, scfm 200 to 6000

(3) Saturated Inlet air temperature, degrees Fahrenheit 50 to 110

(4) Maximum ambient temperature, degrees Fahrenheit 115

Note: The unit of scfm is defined by the Compressed Air Institute as standard air at the following conditions: 60 degrees Fahrenheit and 14.7 psia and dry air.

c. Operating requirements at specified conditions: At operating conditions of barometric pressure of 14.7 psia, to Fahrenheit ambient air the dryer shall be able to operate and provide a constant pressure dew point of 40.0 degrees Fahrenheit at the following operating conditions:

(1) Inlet pressure, psig 300

(2) Inlet flow rate, scfm 200 - 6000

(3) Dryer shall not have a pressure drop greater than, psig 3.7

3.3.1.1.2 Dew Point Monitor. The monitor shall be accurate to + 0.1 degrees Fahrenheit. The monitor shall have an adjustable dew point selection range of 0 to + 80 degrees Fahrenheit with an operating pressure range up to 500 psi. Dew point monitor shall include monitor and wiring. Dew point shall be connected and be operational with the dryer.

3.3.1.1.3 Dryer controls: The selected dryer shall be fully able to perform automatically from 0 to 100 percent capacity control. The capacity control of 0 to 100 percent of the dryer (i.e., full capacity control test) shall be tested and verified by the Contractor and witness and verified by the Government as stated in the performance acceptance testing (i.e., section 4.6.4 – performance acceptance testing).