Sol_140R2024Q0091.pdf
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- Attached to
- NCAO Trolley Crane - Amendment 1 Federal contract opportunity
- Solicitation number
- 140R2024Q0091
About this file
This document is a combined synopsis/solicitation for a commercial item contract issued by the Department of the Interior, Bureau of Reclamation, for the purchase of a 17-Ton Hoist Wire Rope Trolley Crane, removal of the existing crane, and installation and testing of the new crane. The solicitation is set aside 100% for small business concerns only, with a North American Industry Classification Code of 333923 and a size standard of 1,250 employees. The contract will be awarded based on a comparative evaluation of technical approach, past performance, prior experience, and price. A site visit is scheduled for July 11, 2024, and quotes are due by August 1, 2024. The contract will be firm-fixed price, with a period of performance of 12 months from the date of award. The government will provide the existing crane specifications and related documents to assist offerors in developing their proposals.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140R2024Q0091_Amd_0001.pdf | ||
| Amend_1_Attach_Q_As_140R2024Q0091_Redacted_0001.pdf | ||
| C05__Attachment_1_17_Ton_Hoist_SPEC_1605-D.pdf | ||
| C05__Attachment_3_17_Ton_Hoist_Photos.pdf | ||
| C05__Attachment_2_17_Ton_Hoist_214-D-7223_Drawing.pdf | ||
| C05__Attachment_4_Hoist_Tower_Photos.pdf |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
R20
See Schedule
CODE 16. ADMINISTERED BYCODE
X
X
X
333923
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR20
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
08/01/2024 1500 PD
06/13/2024
916-978-4302Steven Teves (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R2024Q0091
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 69 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Sacramento CA 95825-1898 2800 Cottage Way, Room E-1815 Division of Acquisition Services Regional Office Mid-Pacific Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
Bureau of Reclamation
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
Bureau of Reclamation Mid-Pacific Region Regional Office Division of Acquisition Services 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898 US Nothern California Area Office (NCAO) 17-Ton Hoist Wire Rope Trolley Crane
DO NOT USE THIS FORM TO SUBMIT QUOTES/PRICING
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Steven Teves
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
SEE THE FOLLOWING COMBINED SYNOPSIS/SOLICITATION
DOCUMENT
DIRECT ALL QUESTIONS TO STEVEN TEVES AT
STEVES@USBR.GOV
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
69 2 of
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
Solicitation # 140R2024Q0091
COMBINED SYNOPSIS/SOLICITATION
Northern California Area Office (NCAO)
17-Ton Hoist Wire Rope Trolley Crane
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with FAR 13.5 and additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number 140R2024Q0091 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 (5/22/24).
GENERAL INFORMATION
RFQ Number: 140R2024Q0091
Request for Quotation
(RFQ)
Request for Proposal
(RFP)
Invitation for Bid
(IFB)
This acquisition is set-aside 100 percent Small Business concerns only. (Large businesses may not submit a quote.)
North American Industry Classification
Code (NAICS): 333923
Size
Standard: 1,250 Employees
The Government will award items based on comparative evaluation of: Technical
Approach, Past Performance, Prior Experience, and Price.
Site Visit:
A formal site visit is planned Thursday, July 11, 2024, at 9:00 a.m. See the Statement of Work
4.0 for further details.
Quote Due Date:
Quote
Submission:
August 01, 2024
3:00 p.m. PDT
By email to steves@usbr.gov
Contact
Information:
Steven Teves
Phone Number/Email: 916 978-4302 / steves@usbr.gov
Request for Information: All questions regarding this solicitation should be emailed to steves@usbr.gov no later than July 25, 2024 @ 10:00 a.m. PDT.
mailto:steves@usbr.gov
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
QUOTER INFORMATION:
Entity Name: _______________________________
SAM Unique ID or Cage Code: ______________________
QUOTE PRICING SCHEDULE:
CLIN
NO.
Description
Qty Unit of
Issue
Unit Price Total Price
00010 17-Ton Hoist Wire Rope Trolley Crane
AU
00020 Remove Old 17-Ton Hoist Wire Rope Trolley Crane
00030 Install and Test New 17-Ton Hoist Wire Rope Trolley
Crane
00040 OPTIONAL ITEM: External Cooling System (SOW
3.3(c)(iv))
TOTAL PRICE PROPOSED
All unit prices submitted will be firm-fixed pricing throughout the duration of the contract.
Optional CLIN 00040 will be used in the calculation of overall evaluated price.
Quoters are required to submit a quote on all contract line-item numbers to be considered for an award. Quotes shall be valid for 60 days from the date quotes are due.
Delivery Terms: F.O.B. Destination
Refer to Provisions 52.212-1 Addendum, Quote Submittal Instructions and 52.212-2 Evaluation
– Commercial Products and Commercial Services for further instructions.
Documents necessary for quote submission are as follows:
1. Completed and signed quote pricing schedule
2. Technical Approach documentation (see evaluation criteria at 52.212-2)
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
3. Past Performance documentation (see evaluation criteria at 52.212-2)
4. Prior Experience documentation (see evaluation criteria at 52.212-2)
5. Fully executed and completed offeror representations, certifications, and acknowledgments required by FAR 52.212-3 of this solicitation, (only paragraph b must be completed if necessary). If SAM representations, certifications and acknowledgments are correct in SAM as it pertains to this solicitation then the quoter verifies by submission of this quote that their representation and certifications in SAM have been entered or updated in the last 12 months, and are current, accurate, complete, and applicable to this solicitation.
Authorized Agent’s Signature/Date:_______________________________________________
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
STATEMENT OF WORK
1.0 BACKGROUND
The Northern California Area Office (NCAO) has a need to replace an existing 17-ton hoist wire rope trolley crane with a modern version, equivalent in capacity and capable of working on the existing rail system location and use existing lifting beam and lower guides.
2.0 SCOPE
Purchase replacement modern 17-ton rated hoist wire rope trolley crane with remote operating controls for the Shasta Dam Freight Tower. The contractor will supply new 17-ton hoist wire rope trolley crane, remove old 17-ton hoist wire rope trolley crane, install new 17-ton hoist wire rope trolley crane, and load / functional test new 17-ton hoist wire rope trolley crane. The contractor should anticipate that the paint on the existing trolley crane is lead based.
3.0 OBJECTIVES
The supplier / contractor shall:
3.1 Supply a modern 17-ton hoist wire rope trolley crane. Designed to meet CMAA ‘C’
Moderate Service requirements and all applicable OSHA requirements.
a) See attached original Specification 1605-D Sections 7 and 8. This can be used as a basis to design modern version of 17-ton hoist wire rope trolley crane but adhering to design requirements in original spec. Contractor can design and build crane using modern materials, parts, and engineering practices if function is the same as original specification.
3.2 The new 17-ton hoist wire rope trolley crane will be in a standard indoor industrial environment. Ambient temps can vary from 42F to 130F. 17-ton hoist wire rope trolley crane must be designed to work in this environment.
3.3 Fit new Hoist Wire Rope Trolley Crane in existing footprint of existing crane Drawing (214-D-
7223).
a) New 17-ton hoist wire rope trolley crane must respect these prints dimensions and specifications to be considered equal in design.
b) 9’-6” Trolley travel, speed approx. 0 - 25 feet per minute infinitely variable travel speed.
c) Hoist requirements:
i) 450’ Hoist Travel speed 0 - 20 feet per minute infinitely variable hoisting speed.
ii) Trolley crane hoist is required to have a true vertical lift.
iii) Hoist Drum will have to use overlapped wire rope to fit in existing footprint. Hoist drum must have method to spool cable neatly during overlap (See Section 60 of original specification and photo attachment showing bump over tabs installed on existing hoist drum). Contractor must show method they intend on using to ensure wire rope overlaps neatly.
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
iv) The capacity of the lower systems shall be that the unit will not be heated above 200F or otherwise damaged when lowering a 17-ton load twice in rapid succession (see
Section 58 of original specification). If necessary, an external cooling system will need to be furnished to maintain maximum temperature below 200F (optional item).
The decision to exercise the external cooling system (CLIN 00040) will be made in consultation with the COR.
(1) The Hoist Tower will get very hot during summer months this will need to be taken into consideration when design hoist mechanism.
d) Reuse the existing rail system.
i) 40#ASCE Rail
3.4 The existing hoist block and wire ropes on existing trolley crane will twist while lifting heavy loads if not used with existing lifting beam and load block anti rotation device which was added to original designed load block. (See attached photos of lifting beam and modified load block).
a) Contractor shall perform an engineering study to be included in their technical approach to determine if same style of wire rope originally specified should be used on new hoist or if alternate lay wire rope or hammered steel wire rope would be better for this application. The objective is to determine which style of rope would reduce twisting of load block during lifting heavy loads and overlap on hoist drum the best.
i) Existing wire Rope is 7/8” 6 x 37 wire rope, high grade plow steel, uncoated, fiber core.
b) New load block must be designed with anti-rotation device like existing load block that when used conjunction with lifting beam prevent heavy loads causing the load block to spin and twist wire ropes.
c) Provide a lockable hook block with four locks at 90 degrees.
d) Design new hook to work with existing lifting frame. (See photo attachments and drawings).
3.5 17-ton hoist wire rope trolley crane will have both a mechanical and electromechanical brake system on hoist.
3.6 17-ton hoist wire rope trolley crane will have VFD drives on all motors. All Motors will be designed for 460-volt 3 phase 60 cycle current. Max Amp load of crane to not exceed 60 amps.
3.7 Provide a modern enclosed power supply system for the 17-ton hoist wire rope trolley crane from the existing electrical connections, provide a cable reel to provide power to trolley.
3.8 Design the 17-ton trolley crane controls to have remote handheld radio controllers and a detachable pendent back-up controller.
a) Controllers shall have Pitch Catch functionality to allow upper-level operator to give crane function control to lower-level operator during landing of loads or vice-versa.
3.9 Provide an indication system on handheld controller or mounted to upper-level wall display panel for floor locations when reaching elevations of 975, 875 and 775. (See section 79 of original specifications)
3.10 Paint new crane yellow color.
3.11 Contractor will be responsible for removing the existing trolley crane. Removal from the facility and proper disposal of the components.
a) Primer on existing hoist is lead based.
3.12 Contractor will install the new 17-ton hoist wire rope trolley crane, load test to 125% of rated requirement and provide certification of the test.
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
a) Contractor to provide load weights.
b) Perform full travel test of crane at full load with two complete cycles of a 17-ton load from top of hoist to 750 elevation level back-to-back.
3.13 Contractor will provide a printed manual and an electronic version consisting of:
a) Operators’ manual
b) Maintenance manual
c) Parts manual
d) Manufacture as-built drawings
3.14 Contractor will provide a turnover training on new 17-ton hoist wire rope trolley crane.
4.0 SITE VISIT
A site visit will be held on Thursday, July 11, 2024 at the Shasta Dam Freight Tower. Interested vendors will meet the technical representative in the Northern California Area Office (NCAO)
Shasta Dam parking lot (16349 Shasta Dam Blvd., Shasta Lake City, CA 96019) at 9:00 a.m.
The Government strongly advises potential quoters to attend this site visit. The photographs provided by the Government may not adequately depict the full scope of conditions a Contractor will encounter. Quoters attending the site visit shall wear sturdy shoes/boots (no open toe shoes) and durable attire. Before driving out to site visit location, everyone attending will need to check in at the guard booth at NCAO and get a visitor’s pass which requires that they show their driver’s license. The technical representative will provide 100% escort anytime the Contractor personnel are on site. A job hazard analysis (JHA) will be addressed on site by the technical representative prior to commencement of the site visit. Any photographs taken of the units will be used solely by the quoter’s company for the purpose of quoting on the contract. Any other use of photographs is expressly prohibited, including all publishing said photographs.
5.0 TYPE OF CONTRACT
The Government will award a firm-fixed price contract for this requirement.
6.0 REFERENCES
a) 17-ton hoist SPEC 1605 D
b) 17-ton hoist dwg package
c) 17-ton hoist photos
d) Hoist Tower photos
7.0 SHIPPING AND DELIVERY
F.O.B. Delivery Terms. The supplier shall include all shipping costs in the order.
Delivery address:
16349 Shasta Dam Blvd
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
Shasta Lake, CA 96019
8.0 PLACE OF PERFORMANCE
Shasta Dam Freight Tower
16349 Shasta Dam Blvd
Shasta Lake, CA 96019
9.0 PERIOD OF PERFORMANCE
Twelve (12) months from date of award.
10.0 GOVERNMENT FURNISH PROPERTY
NONE.
11.0 SECURITY
Contractor will check-in with security prior to attempting delivery of parts at Shasta Dam.
12.0 ADMINISTRATIVE REQUIREMENTS
12.1 Recognized Holidays:
New Year’s Day Labor Day
Martin Luther King Jr.’s Birthday Columbus Day
President’s Day Veteran’s Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Juneteenth National Independence Day
**END OF STATEMENT OF WORK**
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
CLAUSES
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The
Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act
( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the
Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. 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 Federal Acquisition Regulation (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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice;
and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct
EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award
Management), or applicable agency procedures.
https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31
U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the
Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-33#FAR_33_211 https://www.acquisition.gov/far/part-32#FAR_32_607_2
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(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 FAR 32.608-2 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.
https://www.acquisition.gov/far/part-32#FAR_32_608_2
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the
Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with
Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency
Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism
(e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the
Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
ADDENDUM TO 52.212-4
DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS - (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
2) Waive or agree to modification of the delivery schedule;
3) Make any final decision on any contract matter subject to the Disputes Clause;
4) Terminate, for any reason, the Contractor's right to proceed;
5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction
(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the
Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the
COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting
Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of Clause)
DIAR 1452.228-70 LIABILITY INSURANCE – DEPARTMENT OF THE INTERIOR
(JUL 1996)
(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer. The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:
$200,000 per person*
$500,000 per occurrence*
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
$20,000 property damage*
(b) Each policy shall have certificate evidence the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.
*These amounts are to be set by the Contracting Officer.
DIAR 1452.237-70 INFORMATION COLLECTION – DEPARTMENT OF THE
INTERIOR (JUL 1996)
If performance of this contract requires the contractor to collect information on identical items from ten or more public respondents, no action shall be taken or funds expended in the solicitation or collection of such information until the contractor has received from the
Contracting Officer written notification that approval has been obtained from the Office of
Management and Budget (OMB) pursuant to the Paperwork Reduction Act of 1980. The
Contractor agrees to provide all information requested by the Contracting Officer which is necessary to obtain approval from OMB.
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-
INVOICE PROCESSING PLATFORM (IPP) (FEB 2021)
Payment requests must be submitted electronically through the U. S. Department of the
Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the
IPP invoice:
https://www.ipp.gov/
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
When submitting invoices to IPP, the Contractor is advised to upload supporting documentation that will allow Reclamation to verify that the products or services comply with the terms of the contract. The information in the uploaded documents should not conflict with the data fields in the IPP submissions (service dates, invoice number, etc.).
Prior to submitting an invoice to IPP, the contractor may coordinate with the designated
Contracting Officer's Representative (COR), for review and verification of quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.
Contractor assistance with enrollment can be obtained by contacting the IPP Production
Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING
SYSTEM (DEC 2015)
1) FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor
Performance Assessment Reporting System (CPARS) to comply with this regulation.
One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.
2) The past performance evaluation process is a totally paperless process using CPARS.
CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance
Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
3) We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.
4) When your Contractor Representative(s) are registered in CPARS, they will receive mailto:ippgroup@bos.frb.org
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.
5) Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.
(a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.
(b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.
(c) All information provided should be reviewed for accuracy prior to submission.
(d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting
“Accept the Ratings and Close the Evaluation”.
(e) Your response is due within 60 calendar days after receipt of the CPAR. On day
15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.
(f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."
6) The following guidelines apply concerning your use of the past performance evaluation:
(a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.
(b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.
(c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
7) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review http://www.cpars.gov/ http://www.cpars.gov/
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane period.
8) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.
WBR 1452.201-80 CONTRACTING OFFICER’S REPRESENTATIVE’S AUTHORITIES
AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018)
(a) Performance of the work under this contract shall be subject to the technical direction of the
Reclamation Contracting Officer's Representative (COR). The term “technical direction” is defined to include, without limitation:
(1) Inspecting and accepting or rejecting work performed under the contract.
(2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR.
(3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government.
(b) The Contractor will receive a copy of the written COR designation from the Contracting
Officer. It will specify the extent of the COR’s authority to act on behalf of the Contracting
Officer.
(c) Technical direction must be within the scope of work stated in the contract. Only the
Contracting Officer is authorized to determine if a change is within the scope of the contract;
therefore, the COR does not have the authority to, and may not, issue any technical direction that
(1) Constitutes a direction of additional work outside the Contract requirements;
(2) Constitutes a change as defined in the contract clause entitled “Changes;”
(3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance;
(4) Changes any of the expressed terms, conditions or specifications of the contract; or
(5) Interferes with the Contractors right to perform the terms and conditions of the contract.
(d) All technical direction shall be issued in writing by the COR.
(e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the
COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting
Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must –
(1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the
Changes clause of the contract; or
(2) Advise the Contractor that the Government will issue a written change order.
(f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled “Disputes.”
WBR 1452.223-82 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS IN
FEDERAL BUILDINGS AND FEDERALLY CONTROLLED FACILITIES – BUREAU
OF RECLAMATION (NOV 2022)
When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.
WBR 1452.237-80 SECURITY REQUIREMENTS--BUREAU OF RECLAMATION
(MAR 2022)
(a) General Security Requirements:
(1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's
Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. “Work site” means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract.
https://www.saferfederalworkforce.gov/
140R2024Q0091 NCAO 17-Ton Hoist Wire Rope Trolley Crane
(2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring.
(3) The Contractor’s employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government
(Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause.
(4) The Contractor is responsible for informing and…
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