Solicitation_W912EE23B0002_Mat_Casting.pdf

SOLICITATION NO. W912EE23B0002

DATE: 02 DECEMBER 2022

SPECIFICATIONS

FOR

DELTA, LOUISIANA, MADISION PARISH, RM 438.0-R A.H.P,

FC/MR&T, CHANNEL IMPROVEMENT,

ARTICULATED CONCRETE MATTRESS CASTING, FY-23

THIS PROCUREMENT IS UNRSTRICTED

Building Strong®

Serving the Army Serving the Nation

VICKSBURG DISTRICT

4155 CLAY STREET

VICKSBURG, MS 39183-3435 CEMVK-ECT-C

INQUIRIES

REGARDING THIS SOLICITATION SHOULD BE MADE TO THE

FOLLOWING:

http://www.projnet.org/projnet

PLANS AND SPECIFICATIONS WILL BE AVAILABLE

ON THE SYSTEM OF AWARD MANAGEMENT (SAM) WEB PAGE AT:

https://www.sam.gov

NOTE: ALL WORK UNDER THESE SPECIFICATIONS SHALL BE PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF EM 385-1-1 “U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

MANUAL”, LATEST EDITION.

PROJECT TABLE OF CONTENTS

SECTION A – COVER SHEET AND SOLICITATION, OFFER, AND AWARD (SF 33)

SECTION B – BIDDING SCHEDULE AND SPECIAL NOTES

SECTION C – DESCRIPTION/SPECIFICATIONS

SECTION D – NOT USED

SECTION E – INSPECTION AND ACCEPTANCE

SECTION F – DELIVERIES AND PERFORMANCE

SECTION G – CONTRACT ADMINISTRATIVE DATA

SECTION H – NOT USED

SECTION I – CONTRACT CLAUSES

SECTION J – ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

SECTION L – INSTRUCTIONS AND CONDITIONS

SECTION M – EVALUATION FACTORS FOR AWARD

SPECIFICATIONS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 09 CONTRACTOR QUALITY CONTROL

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.01 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 03 - CONCRETE

03 30 01.00 09 ARTICULATED CONCRETE MATTRESS

-- End of Project Table of Contents –

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A X B

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X G F 217 - 219

220 - 246 H 247 freteshia.l.johnson@usace.army .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 247

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912EE 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

SUITE 120 OR 103

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

FRETESHIA L JOHNSON 601-631-5219

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

5 - 19

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

21- 24

25 - 28 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 29 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

30 - 179

PART II - CO NTRACT CLAUSES

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

601-631-

601-631-7261FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

180 - 216

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

02 Dec 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912EE23B0002

X 20

W807PM22459830

W912EE23B0002

Section B - Supplies or Services and Prices

DELTA, LA, MADISON PARISH, RM 438.0-R, A.H.P.

FC/MR&T, CHANNEL IMPROVEMENT

ARTICULATED CONCRETE MATTRESS CASTING

BIDDING SCHEDULE

CASTING AT DELTA, LA

EST UNIT EST

ITEM DESCRIPTION QTY U/M PRICE AMOUNT

BASE WORK

0001 Articulated Concrete Mattress

0001AA Casting Mattress (exclusive 60,000 SQ $__________ $____________ of cement, and fly ash), using Portland Cement, fly ash, and water-reducing admixture

0001AB Portland Cement 146,100 CWT $__________ $____________

0001AC Fly Ash 27,000 CF $__________ $____________

0001AD Metal Chairs 240,000 EA $__________ $____________

Total Base Work: $________________________

OPTION 1

0002 Articulated Concrete Mattress

0002AA Casting Mattress (exclusive 10,000 SQ $__________ $____________ of cement, and fly ash), using Portland Cement, fly ash, and water-reducing admixture

0002AB Portland Cement 24,350 CWT $__________ $____________

0002AC Fly Ash 4,500 CF $__________ $____________

0002AD Metal Chairs 40,000 EA $__________ $____________

Total Option 1: $________________________

CASTING AT DELTA, LA continued…

EST UNIT EST

ITEM DESCRIPTION QTY U/M PRICE AMOUNT

OPTION 2

0003 Articulated Concrete Mattress

0003AA Casting Mattress (exclusive 10,000 SQ $__________ $____________ of cement, and fly ash), using Portland Cement, fly ash, and water-reducing admixture

0003AB Portland Cement 24,350 CWT $__________ $____________

0003AC Fly Ash 4,500 CF $__________ $____________

0003AD Metal Chairs 40,000 EA $__________ $____________

Total Option 2: $________________________

OPTION 3

0004 Articulated Concrete Mattress

0004AA Casting Mattress (exclusive 5,000 SQ $__________ $____________ of cement, and fly ash), using Portland Cement, fly ash, and water-reducing admixture

0004AB Portland Cement 12,175 CWT $__________ $____________

0004AC Fly Ash 2,250 CF $__________ $____________

0004AD Metal Chairs 20,000 EA $__________ $____________

Total Option 3: $________________________

CASTING AT DELTA, LA continued…

EST UNIT EST

ITEM DESCRIPTION QTY U/M PRICE AMOUNT

OPTION 4

0005 Articulated Concrete Mattress

0005AA Casting Mattress (exclusive 5 ,000 SQ $__________ $____________ of cement, and fly ash), using Portland Cement, fly ash, and water-reducing admixture

0005AB Portland Cement 12,175 CWT $__________ $____________

0005AC Fly Ash 2,250 CF $__________ $____________

0005AD Metal Chairs 20,000 EA $__________ $____________

Total Option 4: $________________________

CASTING AT DELTA, LA

TOTAL OF BASE BID Plus Options 1, 2, 3, & 4: $______________________________

Special Notes to the Contractor: THIS PROCUREMENT IS UNRESTRICTED.

NOTE 1: The bidder is required to bid on all line items on Casting at Delta, LA. Failure to submit a bid on all line items shall result in a non-responsive bid, requiring rejection thereof. If a bidder is willing to waive costs associated with the individual line item, he/she is required to insert descriptive words or abbreviations such as "no charge" or "N.C.". Award will be based upon the lowest responsible, reasonable bid. See note below regarding evaluation of options.

NOTE 2: END ITEMS. For small business concern representative purposes, the end item being procured under this solicitation are completed squares of articulated concrete mattress. Ingredients such as Portland Cement and Fly Ash, etc., are not end items.

NOTE 3: Cement and Fly Ash quantities are based on theoretical quantities and will be used to evaluate bids.

Actual amounts will depend on the various mix designs furnished by the Government during the contract performance period. Fly Ash may vary from 0 to 35 percent of total cementitious materials as directed by the Government.

NOTE 4: For variation in quantity clause see Section F – DELIVERIES OR PERFORMANCE, paragraph entitled

“VARIATION IN QUANTITY (FAR 52.211-16 - APR 1984)”.

NOTE 5: OPTIONAL WORK ITEMS. The Government may require the delivery of the numbered line item(s), identified in the schedule as OPTIONAL WORK Items, in the quantities and prices stated in the schedule. The Contracting Officer may exercise the OPTION WORK Items by written notice to the Contractor. Option 1 and/or 2 can be exercised and awarded by the Contracting Officer up until August 1, 2023. Option 3 and/or 4 can be exercised and awarded by the Contracting Officer up until September 1, 2023. Options are not required to be awarded in consecutive order. The Contracting Officer may elect not to award any options or may award any combination of options at his discretion. Bidders shall bid on all items including optional items (see “EVALUATION OF OPTIONS” FAR 52.217-5). Failure to bid on all items will result in a non-responsive bid.

NOTE 6: EVALUATION OF OPTIONS (FAR 52.217-5 - JUL 1990). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for this basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

NOTE 7: Bid Items 0001AB, 0001AC, 0002AB, 0002AC, 0003AB, 0003AC, 0004AB, 0004AC, 0005AB, and 0005AC are estimated quantities only. (See Note 3 above.) Actual pay quantities will be the theoretical quantities based on government mix design and the actual number of accepted mats. The Government mix design may vary as directed during casting operations.

NOTE 8: Bidders shall furnish unit prices for each item listed in the schedule requiring a unit price. If the bidder fails to insert a unit price in the appropriate blank for required item(s), but does furnish an extended total, or an estimated amount for such item(s), the Government shall deem the unit price to be the quotient obtained by dividing the extended amount for that line item by the quantity. IF A BIDDER OMITS BOTH THE UNIT PRICE AND

THE EXTENDED TOTAL OR ESTIMATED AMOUNT FOR ANY ITEM, ITS BID SHALL BE DECLARED

NON-RESPONSIVE AND THEREFORE INELIGIBLE FOR AWARD.

NOTE 9: Any bid may be rejected if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only total price of bid, but the price for individual line items as well.

Any bid may be rejected if the prices for any line items or sub line items are materially unbalanced (See FAR 14.404-2).

NOTE 10: RAPID VENDOR PAYMENT. Web based instructions for the submission of invoices;

http://www.mvn.usace.army.mil/BusinessWithUs/Contracting/RapidVendorPayment

NOTE 11: This contract shall be performed at Delta Point Casting Field as indicated unless the designated field becomes inaccessible or inoperable. If for any reason the designated field becomes inoperable, the Government, shall require the bidder to cast the squares required for this contract at either St. Francisville, LA Casting Field or Richardson Landing, TN Casting Field depending on availability. If this situation arises where the location of performance changes, the bidder may upon request and approval of the Contracting Officer, be allowed to request an equitable adjustment in contract price for concrete mattress pursuant to the Contract Clause, CHANGES – FIXED

PRICE (FAR 52.243-1).

NOTE 12: The Contractor shall provide a vehicle and operator for hauling and delivering the field concrete specimens to the onsite testing laboratory. A vehicle operator shall be provided during the hours of concrete placement and at any time requested by the Contracting Officer Representative. The Contractor shall maintain the vehicle in a safe and reliable operating condition.

NOTE 13: All technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. See Special Notes to Bidders Page entitled “TECHNICAL INQUIRIES

AND QUESTIONS”.

NOTE 14: The SF33, Bidding Schedule, and Section K (representations, certifications, and other statement of offerors) must be accurately completed and returned with your bid, or it may be rejected as nonresponsive. See Section L for Instructions and Special Notices to Bidders.

NOTE 15: Please be advised that the System for Award Management Registration (SAM) replaces CCR/FedReg and ORCA. All references to CCR and ORCA are to be replaced with SAM. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

NOTE 16: SITE VISITS. For site visit information see Section L – INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS, paragraph entitled “SITE VISIT”.

NOTE 17: AUTHORITY, APPROPRIATIONS, AND FUNDING INFORMATION

1. AUTHORITY: Flood Control Acts of 1928 (Section 1); 1936 (Section 1); 1938 (Section 4); 1941 (Section 3); 1944 (Section 10); 1962 (Section 203); 1965 (Section 201, 204); 1966 (Section 202, 203);

and 1970 (Section 207) Further Continuing and Security Assistance Appropriations Act, 2017.

2. APPROPRIATION: Inventory Account

3. FUNDING CITATION: 096 NA X 4902 0000

NOTE 18: Subcontracting Plans are to be completed (as applicable) and included in the bid package submitted by the bidder. See Section J Attachment 11 for the Subcontracting Plan Requirement Checklist.

NOTE 19: VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS:

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

ARTICULATED CONCRETE MATTRESS

FFP

NET AMT

0001AA 60,000 Square

CASTING MATTRESS

FFP

(EXCLUSIVE OF CEMENT, AND FLY ASH), USING PORTLAND CEMENT,

FLY ASH, AND WATER-REDUCING ADMIXTURE

FOB: Destination

PSC CD: 9390

0001AB 146,100 Hundred

Pounds

(CWT)

PORTLAND CEMENT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AC 27,000 Cubic Feet

FLY ASH

FFP

FOB: Destination

PSC CD: 9390

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AD 240,000 Each

METAL CHAIRS

FFP

FOB: Destination

PSC CD: 9390

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

OPTION ARTICULATED CONCRETE MATTRESS

0002AA 10,000 Square

OPTION CASTING MATTRESS

FFP

(EXCLUSIVE OF CEMENT, AND FLY ASH), USING PORTLAND CEMENT,

FLY ASH, AND WATER-REDUCING ADMIXTURE

0002AB 24,350 Hundred

OPTION PORTLAND CEMENT

0002AC 4,500 Cubic Feet

OPTION FLY ASH

FFP

0002AD 40,000 Each

OPTION METAL CHAIRS

FFP

OPTION ARTICULATED CONCRETE MATTRESS

0003AA 10,000 Square

OPTION CASTING MATTRESS

FFP

(EXCLUSIVE OF CEMENT, AND FLY ASH), USING PORTLAND CEMENT,

FLY ASH, AND WATER-REDUCING ADMIXTURE

0003AB 24,350 Hundred

0003AC 4,500 Cubic Feet

OPTION FLY ASH

FFP

0003AD 40,000 Each

OPTION METAL CHAIRS

FFP

0004AA 5,000 Square

OPTION CASTING MATTRESS

FFP

(EXCLUSIVE OF CEMENT, AND FLY ASH), USING PORTLAND CEMENT,

FLY ASH, AND WATER-REDUCING ADMIXTURE

0004AB 12,175 Hundred

0004AC 2,250 Cubic Feet

OPTION FLY ASH

FFP

0004AD 20,000 Each

OPTION METAL CHAIRS

FFP

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005AA 5,000 Square

OPTION CASTING MATTRESS

FFP

(EXCLUSIVE OF CEMENT, AND FLY ASH), USING PORTLAND CEMENT,

FLY ASH, AND WATER-REDUCING ADMIXTURE

FOB: Destination

PSC CD: 9390

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005AB 12,175 Hundred

Pounds

(CWT)

OPTION PORTLAND CEMENT

FFP

FOB: Destination

PSC CD: 9390

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005AC 2,250 Cubic Feet

OPTION FLY ASH

FFP

FOB: Destination

0005AD 20,000 Each

OPTION METAL CHAIRS

FFP

Section C - Description/Specifications

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials, and equipment needed, and performing all work for constructing the casting articulated concrete mattress in Delta, LA. Principal features of the work include supplying aggregate and cementitious materials; and batching and placing concrete.

The estimated value of the proposed work is between $10,000,000.00 and $25,000,000.00.

SPECIFICATIONS: Specifications are attached after Section M, Evaluation Factors for Award.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0003AD Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government 0005 N/A N/A N/A N/A 0005AA Destination Government Destination Government 0005AB Destination Government Destination Government 0005AC Destination Government Destination Government 0005AD Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting

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

(End of clause)

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not--

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

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

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

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

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

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY FULL TEXT

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 160 days after receiving notice to proceed. Reference Specifications Section 00 80 00.00 09 entitled “Special Contract Requirements”, paragraph 1.2 entitled “COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK”. The time stated for completion shall include final cleanup of the premises.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $3,376.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,376.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.211-13 TIME EXTENSIONS (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that https://www.sam.gov/ the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease This increase or decrease shall apply to number of squares cast under the base bid or any option item, subject to the approval of the Contracting Officer.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

Section G - Contract Administration Data

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

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

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

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

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

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

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

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.210-1 Market Research NOV 2021 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records JUL 2021 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-50 Combating Trafficking in Persons NOV 2021 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation

MAY 2021

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

JAN 2021

252.204-7019 Notice of NISTSP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171DoD Assessment Requirements MAR 2022

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation

2.101 on the date of subcontract award.

(End of Clause)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contractor in connection with a subcontract relating to a prime contract.

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime…