W911WN09B0008.pdf

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CECT-LRP

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2116

PITTSBURGH PA 15222-4186

412-395-7477 412-644-5109

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W911WN-09-B-0009 05-Jun-2009

b. TELEPHONE NUMBER

412-395-7468

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 19 Jun 2009

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W911WN

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DONNA DOOEN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

441222

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 HEREIN.

SB

HUBZONE SB

SET ASIDE: 0 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81ET490910274

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

0 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W911WN-09-B-0009

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 3 Each Patrol Boats 20' "V" Hull as per attached specification FOB: Destination

0002 1 Each Patrol Boat, 18' 6 ", "V" Hull

0003 2 Each Patrol Boats, 17' 4", Flat Hull, Skiff

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 60 dys. ADC 3 N/A

0002 60 dys. ADC 1 N/A

0003 60 dys. ADC 2 N/A

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors -- Commercial Items (Jun 2008)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2009)

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

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

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

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Section 1553 of Pub. L. 111-5).

__(4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (MAR 2009) (Pub. L. 111- 5).

___ (4) 52.219-3, Notice of HUBZone Small Business Set-Aside (Jan 1999) (15 U.S.C. 657a).

___ (5) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (6) [Reserved].

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

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

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

___ (8)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

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

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

___ (9) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).

___ (10)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).

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

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

___ (11) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

___ (12) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (13)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT

2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

___ (14) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting

(APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (15) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000)

(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (16) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004)

(U.S.C. 657 f).

___ (17) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C.

632(a)(2)).

_X__ (18) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X__ (19) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).

_X__ (20) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X__ (21) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

_X__ (22) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of theVietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

_X__ (23) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29

U.S.C. 793).

_X__ (24) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

___ (25) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)

(E.O. 13201).

___ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (Not Applicable until June 30, 2009.)

___ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(c)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) .

___ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007) (E.O. 13423).

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

___ (30) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).

___ (31) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (FEB 2009) (41 U.S.C. 10a-

10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).

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

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

___ (32) 52.225-5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (33) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

___ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10

U.S.C. 2307(f))

___ (37) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C.

2307(f)).

_X__ (38) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31

U.S.C. 3332).

___ (39) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY

1999) (31 U.S.C. 3332)

___ (40) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

___ (41) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

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

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

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

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

351, et seq.).

____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and

Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.)

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

____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008)(31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

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

(iii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act.

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

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

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

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

13201).

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

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until June 30, 2009.)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007

CLAUSES INCORPORATED BY FULL TEXT

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

___ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) ___252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) ___ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) _X__ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6) ___ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(7) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(8) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(9) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(10) ___ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(11) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(12) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(13)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(14) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(15) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(16) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(17) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(18) _X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports(MAR 2008) (10 U.S.C. 2227).

(19) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(20) ___ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).0

(21)(i) ___ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ___ Alternate I (MAR 2000) of 252.247-7023.

(iii) ___ Alternate II (MAR 2000) of 252.247-7023.

(iv) ___ Alternate III (MAY 2002) of 252.247-7023.

(22) ___ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(End of clause)

52.214-21 DESCRIPTIVE LITERATURE (APR 2002)

(a) Descriptive literature, as used in this provision, means information furnished by a bidder, such as cuts, illustrations, drawings, and brochures, that shows a product's characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as--

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be--

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid, except that late descriptive literature sent by mail may be considered under the Late Submissions, Modifications, and Withdrawals of Bids provision of this solicitation.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the Government will reject the bid.

(End of provision)

SPECIFICATIONS

20 FOOT

Three (3) each, patrol boat, (20’) Twenty-Feet, “V” Hull, Triumph 195 CC or equal, 8’2” Beam, 14” Draft, (8) person/1,890 lbs. capacity, center console and 60 gallon (minimum) fuel tank.

Meets or exceeds all applicable U.S. Coast Guard and ABYC safety standards.

• Double wall, Roplene hull injected with high density closed-cell foam, unsinkable hull.

• T-Top (heavy duty) without rocket launchers, with secure radio box, Soft Top

• Binnacle control with trim

• Instrument Panel – Speed, Tach, Volt and Fuel Gauge

• Deck with anti-skid surface

• Swim platform

• Cambered cockpit floor for rapid self-bailing

• Forward bow storage, 214 qt.

• Water resistant storage boxes with guttering and gasketing at rim, with locking twist latches.

• Navigation Lights, Stainless Steel Combination Bow Light and White All Around

Masthead on top to clear all objects.

• Pneumatic lift assist rams on all hatches, stainless steel

• Center Console, Fiberglass

• (2) Removable Aft Jump Seats

• Battery Storage with Full Cover Battery Box

• Easy access to Dash Wiring and Accessory Fuse Block

• Wiring Rigging Conduit, Extra Large Beneath Center Hatch

• Windshield, Clear, Heavy Duty, Acrylic

• Bow Rails, Flush Mount, Heavy Duty, Stainless Steel

• Steering Wheel, Stainless Steel

• Steering, Hydraulic, Tilt, Stainless Steel

• Boarding platform and folding (3) Step Stainless Steel Ladder

• Radio/Electronics Box, Center Console Mounted, Poly frame and Poly lockable door

• Bow pulpit with anchor roller, Bow rail: 1 ¼” Heavy-Duty, Stainless Steel

• Cleats (5) 316 Stainless Steel

• Compass: Illuminated, 90 degree, Richie HF-742 Helmsman Flush Mount, or equal

• Console Grab Rail, Stainless Steel

• (2) T-Top Mounted Floodlights

• Courtesy lights

• Blue light bars (4), Whelen TIR3 Series Super LED Lighthead w/Chrome Flange, Flush

Mount in T-Top, or equal. Mounted on all four sides of T-Top

• Siren, Whelen 295HF100, 100 watt with PA, or equal

• Siren Speaker Cast Aluminum, Flush Mount, Whelen SA122FM, or equal

• Horn, Stainless Steel

• Leaning Post with back rest, marine 5-day cooler and foot rest

• Weather enclosure for T-Top Heavy Duty, 3 Piece, Front and Sides

• T-Top life jacket storage bag, laced in mesh underneath T-Top, with zippered access

• Bilge pump, 1,100 gallons/hour, Automatic Float Switch

• Depth Meter, Lowrance LCF-1440 Depth Meter, or equal

• Single engine, BEP Battery Management Switches W/VSR

• Starting Battery and Auxiliary Battery (Standard Wet Batteries)

• Accessory power point , 12 volt

• Wiring: Corrosion-resistant tinned copper

• Fuel/Water Separator (each)

BOAT MOTOR:

150 HP Motor (minimum) 4-Stroke Yamaha F150 or equal with V4 Stainless Steel propeller.

• Engine Control Package for Yamaha, Deluxe Pre-Rig for Single Engine:

• Binnacle Control

• Required Harness and Ignition Panel

• Throttle and Shift Cables

• Analog Gauge Set includes: Tachometer, Speedometer, Fuel, Voltmeter

(1) trim

• Engine installation and test, Single Engine

BOAT TRAILER:

• Aluminum Trailer to adequately accommodate above boat/motor with dual axles, disc brakes and dual surge brake upgrade with LED lights. EZ loader model or equal.

DELIVERY:

• (1 ea.) Boat and installed motor on trailer to:

U.S. Army Corps of Engineers Berlin Lake 7400 Bedell Road Berlin Center, OH 44401 Telephone No. 330/547-3801 Delivery due 8-weeks after receipt of acceptable award.

Unload at Berlin Lake government site.

U.S. Army Corps of Engineers Kinzua Dam/Allegheny Reservoir 1205 Kinzua Road Warren, PA 16365

Unload at Kinzua Dam government site.

Shenango Lake 2442 Kelly Road Hermitage, PA 16148

Unload at Shenango Lake government site.

EIGHTEEN FEET – SIX INCHES

One (1) each, patrol boat, (18’6”) Eighteen-Feet-Six Inches, “V” Hull, Triumph 190 Bay or equal, 8’1” Beam, 11” Draft, (6) person/1,535 lbs. capacity, center console and 39 gallon (minimum) fuel tank. Meets or exceeds all applicable U.S. Coast guard and ABYC safety standards.

• Double wall, Roplene hull injected with high density closed-cell foam unsinkable hull.

• T-Top (heavy duty) without rocket launchers, with secure radio box, Soft Top

• Binnacle control with trim

• Instrument Panel – Speed, Tach and Fuel Gauge

• Deck with anti-skid surface

• Swim platform

• Cambered cockpit floor for rapid self-bailing

• Forward bow storage, 214 qt.

• Water resistant storage boxes with guttering and gasketing at rim, with locking twist latches.

• Navigation Lights, Stainless Steel Combination Bow Light and White All Around

Masthead on top to clear all objects.

• Pneumatic lift assist rams on all hatches, stainless steel

• Center Console, Fiberglass

• Aft seats convertible to casting deck

• Battery Storage with Full Cover Battery Box

• Easy access to Dash Wiring and Accessory Fuse Block

• Wiring Rigging Conduit, Extra Large Beneath Center Hatch

• Windshield, Clear, Heavy Duty, Acrylic

• Bow Rails, Flush Mount, Heavy Duty, Stainless Steel

• Steering, Hydraulic, Tilt, Stainless Steel

• Steering Wheel, Stainless Steel

• Boarding platform and folding (3) Step Stainless Steel Ladder

• Radio/Electronics Box, Center Console Mounted, Poly frame and Poly lockable door

• Cleats (4) 316 Stainless Steel

• Compass: Illuminated, 90 degree, Ritchie HF-742 Helmsman Flush Mount, or equal

• Console Grab Rail, Stainless Steel

• (2) T-Top Mounted Floodlights

• Courtesy lights

• Blue light bars (4), Whelen TIR3 Series Super LED Lighthead w/Chrome Flange, Flush

Mount in T-Top, or equal. Mounted on all (4) sides of T-Top.

• Siren, Whelen 295HF100, 100 watt with PA, or equal

• Siren Speaker Cast Aluminum, Flush Mount, Whelen SA122FM, or equal

• Horn, Stainless Steel

• Leaning Post with back rest, marine 5-day cooler and foot rest

• Weather enclosure for T-Top Heavy Duty, 3 Piece, Front and Sides

• T-Top life jacket storage bag, laced in mesh underneath T-Top, with zippered access

• Bilge pump, 500 gallons/hour, Automatic Float Switch

• Depth Meter, Lowrance LFC-1440 Depth Meter

• Single engine, BEP Battery Management Switches W/VSR

• Starting battery and Auxiliary Battery (Standard Wet Batteries)

• Accessory power point , 12 volt

• Wiring: Corrosion-resistant tinned copper

• Fuel/Water Separator (each)

150 HP Motor (minimum) 4-Stroke Yamaha F150 or equal with V4 Stainless Steel propeller.

• Required Harness and Ignition Panel

• Throttle and Shift Cables

• Analog Gauge Set includes: Tachometer, Speedometer, Fuel, Voltmeter

(1), Trim

• Aluminum Trailer to adequately accommodate above boat/motor with dual axles, disc brakes and dual surge brake upgrade with LED lights. EZ loader model or equal.

U.S. Army Corps of Engineers Loyalhanna Lake 440 Loyalhanna Dam Road Saltsburg, PA 15681

Unload at Loyalhanna Lake government site.

SEVENTEEN FEET - FOUR INCHES

Two (2) each, patrol boat, (17’4”) Seventeen-Feet, Four-Inches, Flat Hull, Skiff, Triumph 1700 or equal, 8’ Beam, 6” Draft, (8) person/1,800 lbs. capacity, center console and 18 gallon (minimum) fuel tank. Meets or exceeds all applicable U.S. Coast guard and ABYC safety standards.

• Double wall, Roplene hull injected with high density closed-cell foam unsinkable hull.

• T-Top without rocket launchers, Taco Neptune accessory kit (aluminum 1 ½” IPS tubing with adjustable brackets) base: center to center 30 ½”, canvas/soft top: 73” long by 60” wide) or equal with secure radio box.

• Binnacle control with trim

• Deck with anti-skid surface

• Swim platform with ladder

• Accessory power point, 12V

• Bilge pump with float – 500 GPH

• Bow and stern eyes; stainless steel

• Bow and stern rails

• Circuit breakers

• Cleats (4) stainless steel

• Console storage; multi compartment

• Under console portable (18) gallon (minimum) fuel tank

• Deluxe console with forward seat and cushion

• Drain plugs (2)

• Flip flop helm cooler seat (76 qt.)

• Front casting deck with hatches

• Instrument panel: speed, tach and fuel gauge

• Navigation Lights, Stainless Steel Combination Bow Light and White All-Around

Masthead on top to clear all objects.

• Rear deck

• Rubrail: heavy duty

• Center Console, Fiberglass

• Steering wheel; stainless steel

• Unsinkable closed cell foam floatation

• Windshield: Acrylic

• Wiring: Corrosion resistant tinned copper

• Battery Storage with Full Cover Battery Box

• Radio/Electronics Box, Center Console Mounted, Poly frame and Poly lockable door

• (2) T-Top Mounted Floodlights

• Courtesy lights

• Blue light bars (4), Whelen TIR3 Series Super LED Lighthead w/Chrome Flange, Flush

Mount in T-Top, or equal. Mounted on all (4) sides of T-Top.

• Siren, Whelen 295HF100, 100 watt with PA, or equal

• Siren Speaker Cast Aluminum, Flush Mount, Whelen SA122FM, or equal

• Horn, Stainless Steel

• T-Top life jacket storage bag, laced in mesh underneath T-Top, with zippered access

• Depth Meter, Lowrance LFC-1440 Depth Meter

90 HP Motor (minimum) 4-Stroke Yamaha F 90 TLR or equal with V4 Stainless Steel propeller.

• Required Harness and Ignition Panel

• Throttle and Shift Cables

• Analog Gauge Set includes: Tachometer, Speedometer, Fuel, Voltmeter

(1), Trim

• Aluminum construction trailer to adequately accommodate above boat/motor with single axle, disc brakes, oil bath hubs and LED lights. EZ loader model or equal.

Mahoning Lake 145 Dam Site Road New Bethlehem, PA 16242

Unload at Mahoning Lake government site.

Woodcock Creek Lake 22079 State Highway 198 Saegertown, PA 16433

Unload at Woodcock Creek Lake government site.