Solicitation - W912EF26QA014.pdf

PDF 3 MB Posted

Attached to
MCNARY NAVIGATION LOCK TAINTER VALVE SEAL COMPONENTS
Solicitation number
W912EF26QA014
Issued by

About this file

This is a Request for Quote (RFQ) for commercial products issued by the U.S. Army Corps of Engineers, Walla Walla District, for the procurement of replacement rubber seals for Navigation Lock Tainter Valves at McNary Lock and Dam in Umatilla, Oregon. The solicitation number is W912EF26QA014, issued on February 9, 2026, with an offer due date of February 23, 2026, at 5:00 PM. The contract will be awarded to a single responsible offeror offering the best value based on price.

The procurement involves manufacturing and delivering nine types of rubber seals for four tainter valves, with quantities ranging from 6 to 18 units per item, totaling approximately 78 seals. All seals must be molded (not extruded), solid bulb natural rubber construction meeting ASTM specifications for durometer hardness (60-70 Shore A), tensile strength (3000 PSI minimum), elongation (450% minimum), and other physical properties. The contractor must use government-furnished molds valued at approximately $305,000 total and return them cleaned and preserved after manufacturing. All items must be delivered FOB Destination to McNary Lock and Dam within 15 weeks of award, with shipments restricted to Monday through Thursday between 7:00 AM and 4:00 PM. The contractor must attend a post-award coordination meeting within seven days of award and submit an inspection report on mold conditions within five business days. This is a women-owned small business (WOSB) set-aside with a 100 percent small business reservation. Registration in SAM.gov and completion of FAR 52.212-3 representations and certifications are required prior to award.

View the file

Other files

File Type Posted
Solicitation Amendment W912EF26QA0140001 SF 30.pdf PDF
Tainter Valve Bottom Corner Seal.pdf PDF
GFP List.xlsx XLSX spreadsheet
Tainter Valve Two Three Four Top Corner Seal.pdf PDF
TECHNICAL SPECIFICATIONS.docx DOCX document
Tainter Valve Side Seal.pdf PDF
Tainter Valve One Corner Seal.pdf PDF
QUOTE ITEM LIST.docx DOCX document
Tainter Valve Top Seal.pdf PDF
Tainter Valve Bottom Seal.pdf PDF

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

MNA Navigation Lock Tainter Valve SealInstrument Name:

Product Service Code : 5330

:BIDDER INQUIRY

Bidder/Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a website that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of the comment /question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Bidders are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all bidder inquiries; however, the closer to the solicitation due date an inquiry is received, the less likely it is that a timely response can be provided.

The Bidder Inquiry Key is: BWUZA4-GQUF3H

:Specific Instructions for ProjNet Bid Inquiry Access

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be use from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

:Instructions for Entering Questions

W912EF26QA014

https://www.projnet.org

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words "Please select from below", select "Public".

c.) Discipline: This is where you select who this question should be directed to. Example, if the question is about an electrical drawing or specification select: "Electrical" from the pull-down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

:Specific Instructions for Future ProjNet Bid Inquiry Access

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk at ProjNet: Public User, (833) 389-1097 or 217-367-3273, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info

Offerors are cautioned to clearly print prices for all line items. Be especially careful placing decimal points, as a mistake in your offer may render it unresponsive. Your quote must be valid for 30 calendar days after the due date specified for receipt of quotations. Please include shipping costs in the quoted price of each item.

W912EF26QA014

https://projnet.org/projnet/binKornHome/index.cfm?strKornCob=HelpDeskInfo https://projnet.org/projnet/binKornHome/index.cfm?strKornCob=HelpDeskInfo mailto:staff@projnet.info mailto:staff@projnet.info

Registration at www.sam.gov is required. If not registered, please do so. Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database may make an offeror ineligible for award.

Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required for the GSA Federal Service Desk (FSD, https://www.fsd.

gov) to activate the entity's registration. Both Federal Assistance entities and all non-Federal entities must mail the original, signed copy of the notarized letter to the Federal Service Desk.

Failure to do so within 30 days of activation may result in the registration no longer being active.

Mail the completed, signed, notarized letter to:

FEDERAL SERVICE DESK

ATTN: SAM.GOV REGISTRATION PROCESSING

460 INDUSTRIAL BLVD

LONDON, KY 40741-7285

UNITED STATES OF AMERICA

Completion of the required FAR 52.212-3 Alt. I, Offeror Representations and Certifications - Commercial Products and Commercial Services is required. When you complete your SAM registration, the link to complete your Reps and Certs is also available. Please do not hesitate to contact me or the SAM web site if you need assistance or have questions.

In accordance with FAR 52.229-3 Federal, State, and Local Taxes, and per Title 4 of the US Code 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number 91-0828090.

General Contract Information:

Delivery Date________________________________________________

Offeror's Name (Printed) _________________________________________

Offeror's Contact Telephone Number_______________________________

Offeror's Email Address___________________________________________

Federal Tax Identification No. ____________________________________________

CAGE Code ________________ Unique Entity ID ______________________________

Is your company registered on-line in SAM (www.sam.gov)? YES NO

:To ensure receipt of your quote, please send to the attention of Gregory Moyer at

Email: gregory.moyer@usace.army.mil

W912EF26QA014

mailto:ruth.a.johnson@usace.army.mil

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Submission of Price Quote - Contractor shall submit the following in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation / Contract / Order for Commercial Items).

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed schedule (pricing information) for all line items listed in the solicitation / amendments.

4. Completed Clause 52.212-3 and Alt I, "Offeror Representations and Certifications-- Commercial Products and Commercial Services".

5. Descriptive Materials: The Offeror shall submit a Technical Volume that provides a comprehensive narrative and supporting evidence demonstrating its approach to meeting all requirements identified in PWS Section 4.0. This volume must include detailed descriptive materials, such as brochures, technical illustrations, engineering drawings, and data sheets, which clearly define the physical and functional characteristics of the proposed seals.

BASIS FOR AWARD

The Government will award one contract resulting from this solicitation in accordance with FAR

13.106 to the responsible offeror meeting or exceeding all solicitation requirements and representing the best value based on price.

*** END OF NARRATIVE 1 ***

W912EF26QA014

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

0001 Navigation Lock Tainter Valve Number 1 Upper Right Corner Seal Drawing MDN- 1-5-6/6 Mold 203D1010RTV1 (Upper Right Corner) Transition style seal. 3" J- Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4" OAW Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

6 Each

0002 Navigation Lock Tainter Valve Number 2, 3, and 4 Upper Right Corner Seal Drawing 203D1010R Mold 203D1010R (Upper Right Corner) Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4" OAW Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

6 Each

0003 Navigation Lock Tainter Valve Number 2, 3, and 4 Upper Right Corner Seal Drawing 203D1010R Mold 203D1010R (Upper Right Corner) Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4" OAW Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

6 Each

0004 Navigation Lock Tainter Valve Number 2, 3, and 4 Upper Left Corner Seal Drawing 203D1010R Mold 203D1010L (Upper Left Corner) Transition style seal.

3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J- Bulb x 1" Tail x 5-3/4"OAW

6 Each

Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

0005 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Bottom Right Corner Seal Drawing 203D1011R Mold 203D-1011R (Bottom Right Corner) Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 1" Flat Bullnose x 6" OAW Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

6 Each

0006 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Bottom Left Corner Seal Drawing 203D1011R Mold 203D-1011L (Bottom Left Corner) Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 1" Flat Bullnose x 6" OAW Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

6 Each

0007 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Bottom Horizontal Seal Drawing 203D1007 Mold 203D-1007 (Bottom Center) 1" Flat Bullnose x 6" OAW x 10 Feet Long Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

6 Each

0008 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Vertical Side Seal Drawing 203D1009R Mold 3848 (Side Seal) 3" J- Bulb x 1" Tail x 7-1/4" OAW x 12 Feet Long Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

18 Each

0009 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Horizontal Top Seal.

Drawing 203D1008 Mold 3848 (Top Seal) 3" J-Bulb x 1" Tail x 5-3/4" OAW x 12 Feet Long Vendor's (Seller's) Part Number: XXXX Product Service Code: 9320 Pricing Arrangement: Firm Fixed Price

18 Each

0010 ASTM Testing The physical characteristics of the rubber compound shall meet or exceed the specifications as stated in the Performance Work Statement 4.1.7 Pricing Arrangement: Firm Fixed Price

1 Job

0011 see GFP attachment for a full list of GFP

Continuation of Description

TECHNICAL SPECIFICATIONS

MCNARY LOCK & DAM

MCNARY NAVIGATION LOCK TAINTER VALVE SEAL COMPONENTS PURCHASE

1.0 INTENT

McNary Lock and Dam will purchase replacement seals for the Navigation Lock Tainter Valves in Fiscal Year 2026. It is the intent of the US Army Corps of Engineers to award a contract for the seals components. The Contract will also include the shipping of all Government Furnished Property (GFP) known as the seal molds.

2.0 SCOPE OF WORK

The Contractor shall supply McNary Dam with seals to accomplish the work during the extended outage period. The Contractor will manufacture seal assemblies for Paragraphs 5.1 through 5.9 using GFP seal molds All GFP supplied seal molds will be inspected for damage. A report will be sent to McNary Dam detailing the need for repairs or replacement. No additional work will be accomplished on the seal molds unless approved beforehand by the Government.

The Contractor shall also ensure the GFP molds are cleaned and preserved for long term storage after manufacturing the seal as described in Paragraph 5.0.

3.0 COORDINATION AND CONTRACTOR QUALIFICATIONS

Post-Award Coordination Meeting: The contractor shall attend a post award coordination meeting. The meeting may take place telephonically, shall last no longer than three hours and shall be scheduled within seven calendar days after contract award. The purpose of this meeting is for the Government and Contractor to review the contract requirements, discuss coordination details, and for the Contractor to outline its work schedule. The contractor shall furnish to the Contracting Officer Representative an electronic copy of their schedule for review during the post-award coordination meeting.

Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this scope of work.

: The Government will monitor the contractor's performance Government Quality Assurance under this contract using quality assurance procedures developed by the Government. Typical procedures might include random sampling, checklists, customer complaints, and observations.

The Government reserves the right to inspect and test all services called for in the contract, to the extent practicable at all times and places during the term of the contract. The Government will perform inspections and tests in a manner that will not unduly delay the work.

If any of the services do not conform to contract requirements, the Government will request the contractor to perform the services again, where appropriate, in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the contractor to take necessary action to ensure future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

If the contractor fails to promptly re-perform the services or to take the necessary action to ensure future performance in conformity with contract requirements, the government may by contract, or otherwise (1) perform the services and charge to the contractor any cost incurred by the government that is directly related to the performance of such service or (2) terminate the contract in whole or in part.

Key Contractor Personnel: The management of contractor activities and any required subcontractors and suppliers is the responsibility of the contractor. The contractor shall provide the name and contact information for a contract manager who will regularly coordinate with the Government representative.

4.0 SEAL COMPOSITION AND MANUFACTURING

4.1 Seal manufacturing

4.1.1 All seals shall be molded, not extruded.

4.1.2 All seal corners shall be molded in one piece and not spliced together.

4.1.3 Rubber shall be free from reclaim, silica and other coarse materials.

4.1.4 Seals shall be compounded of natural rubber and contain carbon black, zinc oxide, accelerators, vulcanizing agents, antioxidants, and plasticizers.

4.1.5 The rubber seal profile shall be properly cured into a homogeneous form and kept free of oils, grease, or other materials that would deteriorate the rubber.

4.1.6 All seals shall be solid bulb with no reinforcing cloth.

4.1.7 The physical characteristics of the rubber compound shall meet or exceed the following specifications:

Physical Test Test Specifications

ASTM

Test Method

Hardness, Shore A, RangeDurometer 60 - 70 ASTM- D2240

(Ultimate)Tensile Strength 3000 PSI min ASTM- D412

(Ultimate)Elongation 450% min ASTM- D412

300% Modulus 900 PSI ASTM- D412

(% Maximum of Original Deflection) Method Compression Set B, 22hrs. @ 70 Deg C (158 Deg F), 25% deflection, 1/2 hr.

recovery

30% ASTM-

D395

(Maximum Change in Weight) Age the Water Absorption specimen first at 70 +/-2 for 22, +/-0 hrs. in an air oven, use this weight as W1, then perform the water absorption test. 166 hrs. @ 70 Deg C (158 Deg F), distilled water.

5% D471

. 48 Hrs. @ 70 Tensile Strength, After Accelerated Aging Deg C (158 Deg F) @ 300 PSI O2 in pressure vessel

80% of minimum tensile requirement

ASTM-

D572

Method A, Para. 9.3.2; 5 Low Temperature Brittleness modified T-50 specimens, 3 min. @ -40 Deg C (-40 Deg F)

All Pass w/ no cracks

ASTM-

D2137

Specific Gravity 1.118 - 1.158 ASTM D297

4.1.8 The contractor shall maintain dimensions shown and noted on the drawings for the seals. Irregularities in the form of contour, ridges, or mold marks will be cause for rejection of the seals.

5.0 NAVIGATION LOCK TAINTER VALVE SEALS

5.1 Navigation Lock Tainter Valve Number 1 Upper Right Corner.

5.1.1 Drawing MDN-1-5-6/6.

5.1.2 Mold 203D1010RTV1 (Upper Right Corner). Government Furnished Property.

5.1.3 Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4"

OAW.

5.1.4 Quantity of SIX (6) each Upper Right Corner Seal.

5.2 Navigation Lock Tainter Valve Number 1 Upper Left Corner.

5.2.1 Drawing MDN-1-5-6/6.

5.2.2 Mold 203D1010LTV1 (Upper Left Corner). Government Furnished Property.

5.2.3 Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4"

OAW.

5.2.4 Quantity of SIX (6) each Upper Left Corner Seal.

5.3 Navigation Lock Tainter Valve Number 2, 3, and 4 Upper Right Corner.

5.3.1 Drawing 203D1010R.

5.3.2 Mold 203D1010R (Upper Right Corner). Government Furnished Property.

5.3.3 Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4"

OAW.

5.3.4 Quantity of SIX (6) each Upper Right Corner Seal.

5.4 Navigation Lock Tainter Valve Number 2, 3, and 4 Upper Left Corner.

5.4.1 Drawing 203D1010R.

5.4.2 Mold 203D1010L (Upper Left Corner). Government Furnished Property.

5.4.3 Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 3" J-Bulb x 1" Tail x 5-3/4"

OAW.

5.4.4 Quantity of SIX (6) each Upper Left Corner Seal.

5.5 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Bottom Right Corner.

5.5.1 Drawing 203D1011R.

5.5.2 Mold 203D-1011R (Bottom Right Corner). Government Furnished Property.

5.5.3 Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 1" Flat Bullnose x 6" OAW.

5.5.4 Quantity of SIX (6) each Bottom Right Corner Seal.

5.6 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Bottom Left Corner.

5.6.1 Drawing 203D1011R.

5.6.2 Mold 203D-1011L (Bottom Left Corner). Government Furnished Property.

5.6.3 Transition style seal. 3" J-Bulb x 1" Tail x 7-1/4" OAW to 1" Flat Bullnose x 6" OAW.

5.6.4 Quantity of SIX (6) each Bottom Left Corner Seal.

5.7 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Bottom Horizontal.

5.7.1 Drawing 203D1007.

5.7.2 Mold 203D-1007 (Bottom Center). Government Furnished Property.

5.7.3 1" Flat Bullnose x 6" OAW x 10 Feet Long.

5.7.4 Quantity of SIX (6) each Bottom Center Seal.

5.8 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Vertical Side Seal.

5.8.1 Drawing 203D1009R.

5.8.2 Mold 3848 (Side Seal). Government Furnished Property.

5.8.3 3" J-Bulb x 1" Tail x 7-1/4" OAW x 12 Feet Long.

5.8.4 Quantity of EIGHTEEN (18) each Side Seal.

5.9 Navigation Lock Tainter Valve Number 1, 2, 3, and 4 Horizontal Top Seal.

5.9.1 Drawing 203D1008.

5.9.2 Mold 3848 (Top Seal). Government Furnished Property.

5.9.3 3" J-Bulb x 1" Tail x 5-3/4" OAW x 12 Feet Long.

5.9.4 Quantity of EIGHTEEN (18) each Top Seal.

6.0 INSPECTION OF SEAL MOLDS

6.1 All seal molds shall be inspected for serviceability prior to the manufacture of seals.

6.2 A report will be provided on each mold and provided to the Government in accordance with paragraph 8.0, Exhibit A, Deliverable Item #2.

6.3 All seal molds shall be cleaned and preserved after completion of seal manufacture with materials appropriate for the base metal of the seal mold.

6.4 A Material Safety data Sheet (MSDS) shall be provided to the government for the type of preservation compound used on the seal molds.

7.0 GOVERNMENT FURNISHED PROPERTY - SEAL MOLD IDENTIFICATION AND

WEIGHTS

7.1 Navigation Lock Tainter Valve #1 Upper Right Corner - Mold number 203D1010RTV1.

7.1.1 Mold Weight = 3,235 lbs. Crate Weight = 165 lbs. Total Weight = 3,400 lbs.

7.1.2 Crate dimension 43" wide x 32" deep x 26" tall

7.1.3 Mold dimension 41" wide x 29" deep x 14" tall.

7.1.4 Approximate value - $35,000.

7.2 Navigation Lock Tainter Valve #1 Upper Left Corner - 3,410 lbs. Mold number

203D1010LTV1.

7.2.1 Mold Weight = 3,235 lbs. Crate Weight = 175 lbs. Total Weight = 3,410 lbs.

7.2.2 Crate dimension 43" wide x 32" deep x 26" tall.

7.2.3 Mold dimension 41" wide x 29" deep x 14" tall.

7.2.4 Approximate value - $35,000.

7.3 Navigation Lock Tainter valve #2, 3, & 4 Upper Right Corner - Mold number 203D1010R.

7.3.1 Mold Weight = 1,960 lbs. Crate Weight = 185 lbs. Total Weight = 2,140 lbs.

7.3.2 Crate dimension 48" wide x 38" deep x 22" tall.

7.3.3 Mold dimension 42" wide x 38" deep x 13" tall.

7.3.4 Approximate value - $35,000.

7.4 Navigation Lock Tainter Valve #2, 3, & 4 Upper Left Corner - Mold number 203D1010L.

7.4.1 Mold Weight = 1,955 lbs. Crate Weight = 180 lbs. Total Weight = 2,140 lbs.

7.4.2 Crate dimension 48" wide x 38" deep x 22" tall.

7.4.3 Mold dimension 42" wide x 38" deep x 13" tall.

7.4.4 Approximate value - $35,000.

7.5 Navigation Lock Tainter Valve Bottom Right Corner - Mold number 203D1011R

7.5.1 Mold Weight = 1,730 lbs. Crate Weight = 140 lbs. Total Weight = 1,870 lbs.

7.5.2 Crate dimension 39" wide x 34" deep x 21" tall

7.5.3 Mold dimension 35" wide x 26" deep x 10" tall.

7.5.4 Approximate value - $35,000.

7.6 Navigation Lock Tainter Valve Bottom Left Corner - Mold number 203D1011L

7.6.1 Mold Weight = 1,730 lbs. Crate Weight = 140 lbs. Total Weight = 1,870 lbs.

7.6.2 Crate dimension 39" wide x 34" deep x 21" tall

7.6.3 Mold dimension 35" wide x 26" deep x 10" tall.

7.6.4 Approximate value - $35,000.

7.7 Navigation Lock Tainter Valve Bottom Seal - Mold number 203D1007

7.7.1 Mold Weight = 1,150 lbs. Crate Weight = 185 lbs. Total Weight = 1,335 lbs.

7.7.2 Crate Dimension - 134" long x 18.5" deep x 15" tall.

7.7.3 Mold dimension - 124" long x 10" deep x 4" tall.

7.7.4 Approximate value - $20,000.

7.8 Navigation Lock Tainter Valve Side and Top Seal w/Insert - Mold number 3848

7.8.1 Mold Weight = 2,500 lbs. Crate Weight = 250 lbs. Total Weight = 2,750 lbs.

7.8.2 Crate Dimension - 164" long x 27" deep x 23" tall.

7.8.3 Mold dimension - 127" long x 12" deep x 6" tall.

7.8.4 Approximate value - $35,000.

8.0 DELIVERABLES

TECHNICAL EXHIBIT A

DELIVERABLES

NAVIGATION LOCK TAINTER VALVE SE

Contractor Deliverables

Deliverable Frequency Due Date Medium /Format

Number of Copies

Submitted To

Inspection and Condition Reports (Paragraph 6.0)

Once 5 business days after completion of inspections

Electronic Format (.

pdf) electronic copy

COR

9.0 CONTRACTING OFFICERS REPRESENTATIVE (COR)

The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: performs inspections necessary in connection with contract performance: maintains written and oral communications with the Contractor concerning technical aspects of the contract: issues written interpretations of technical requirements, monitors Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

10.0 TRANSPORTATION - SHIPPING AND DELIVERY

Site Access: The contractor's pick-up and delivery resource shall comply with the U.S. Army Corps of Engineer's projects' security policies. The Government project sites are secured areas and access onto the projects is restricted. The security measures affect all the contractor's vehicles and personnel. There will be delays when entering projects due to locked gates, vehicle inspections, and personnel checks. Inspections and checks may include inspection of toolboxes, briefcases, lunch boxes, and other containers. The Contractor shall be responsible for coordination with each Government Project site prior to arrival. See Paragraph 3.0 of this scope of work for coordination details.

Loading & Unloading Support: The Government can provide equipment support (forklift, crane, etc.) to the contractor for the loading of the seal molds onto the contractor's transport vehicle at time of initial pick-up at McNary Dam. The Government will provide equipment support (forklift, crane, etc.) to the contractor for the unloading of the seal molds and seal assemblies from the contractor's transport vehicle at time of final delivery to McNary Dam. The contractor shall provide the COR written notice (email) at least 72-hours prior to the dates requiring the Government loading and unloading support.

Transport of Equipment: The contractor shall furnish the transportation services required for pick-up at McNary Dam, delivery to the refurbishment facilities, and for final delivery to McNary Dam. The contractor shall be responsible for all shoring, blocking, bracing, strapping, dunnage, tarps, etc. required to secure and protect the Government equipment on the transport vehicle. If the contractor intends to use a box van type transport vehicle (equipped with walls and roof), the contractor is responsible for furnishing a pallet jack or similar equipment for maneuvering the seal molds and seal assemblies inside the transport vehicle cargo area.

The Contractor shall be responsible for packing and shipping the components in a manner that will ensure undamaged and complete arrival to McNary Lock and Dam. Seals shall be shipped to minimize distortion. Packaging and shipping shall not cause a permanent set detrimental to the intended use of the seal. Special packaging applies to the following manner:

All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

All shipments shall be delivered to:

McNary Lock and Dam

82790 Devore Rd.

Umatilla, OR 97882

*** END OF NARRATIVE 1 ***

Requirements

MCNARY NAVIGATION LOCK TAINTER VALVE SEAL COMPONENTS PURCHASE

Product Service Code : H393

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

0001 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0002 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0003 Inspection and Acceptance Location

Both Destination

Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0004 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0005 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0006 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0007 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0008 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0009 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

0010 Inspection and Acceptance Location

Both Destination Instructions: All items shall be FOB Destination within FIFTEEN (15) weeks of award of contract. Shipments are only allowed during normal business hours of Monday - Thursday 7:00am to 4:00pm.

DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD

UMATILLA, OR 97882

UNITED STATES

Continuation of Deliveries or Performance

0001 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0002 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0003 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0004 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0005 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0006 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0007 Delivery Schedule

15 Weeks

Date of Award 6 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0008 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 18 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0009 Delivery Schedule From date of lead time event to delivery 15 Weeks

Date of Award 18 EachQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

0010 Delivery Schedule

15 Weeks

Date of Award 1 JobQuantity

Address and POC Ship To DoDAAC: 960401 CountryCode: USA

ARMY CORPS OF ENGINEERS CIVIL WORKS

WALLA WALLA DISTRICT MCNARY WHSE, 82790 DEVORE RD UMATILLA, OR

97882 UNITED STATES

Krista Timm Email: Krista.M.Timm@usace.army.mil Telephone: (541) 922-1355

Special Handling/Notes

0011 Quantity

Address and POC

Special Handling/Notes FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Continuation of Accounting and Appropriation Data

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

2017-01

52.204-18 Commercial and Government Entity Code Maintenance.

2020-08

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

2025-01

52.219-6 Notice of Total Small Business Set-Aside. 2020-11

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

2025-01

52.222-36 Equal Opportunity for Workers with Disabilities.

2020-06

52.225-13 Restrictions on Certain Foreign Purchases. 2021-02

52.233-3 Protest after Award. 1996-08

52.233-4 Applicable Law for Breach of Contract Claim.

2004-10

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

2024-05

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

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.225-7001 Buy American and Balance of Payments Program.

2024-02

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.245-7005 Management and Reporting of Government Property.

2024-01

252.247-7023 Transportation of Supplies by Sea. 2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services. (Alternate I)

2023-11 Alternate I

2021-11

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.

Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. ____[Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

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

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)

(B) of this clause:____[Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'."]

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:____[Insert a fixed amount for the indirect costs and payment schedule.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .