W911WN-16-B-0002-.pdf

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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 42

(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.

W911WN 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

1100 Liberty Ave., Room 2203 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JENNIFER CUTSHALL 412.395.7478

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 7

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

9 - 10 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 11 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 12 - 13 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

14 - 27

PART II - CO NTRACT CLAUSES

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-RC-P

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

412-395-7110FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

W81ET460835438

5. DATE ISSUED

31 May 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W911WN-16-B-0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Reimbursement for Actual Performance and

FFP

Payment Bond Premiums, Base Contract

FOB: Destination

PURCHASE REQUEST NUMBER: W 81ET460835438

NET AMT

0002 9 Set Digital Progress Images

FFP

0003 Each Fabricate and Deliver Vertical LiftGates

FFP

0003AA 1 Each Fabricate and Deliver Vertical

FFP

Lift Gate Number 1

0003AB 1 Each Fabricate and Deliver Vertical

FFP

Lift Gate Number 2

0004 Set Fabricate and Deliver Machinery Support

FFP

Modifications

0004AA 1 Each Fabricate and Deliver Machinery

FFP

Support Modifications for Vertical Lift Gate Number 1

0004AB 1 Each Fabricate and Deliver Machinery

FFP

Support Modifications for Vertical Lift Gate Number 2

0005 Set Fabricate and Deliver Lift ing Chains for

FFP

Vertical Lift Gates

0005AA 1 Set Fabricate and Deliver Lift ing Chains for

FFP

Vertical Lift Gate Number 1

0005AB 1 Set Fabricate and Deliver Lift ing Chains for

FFP

Vertical Lift Gate Number 2

1001 1 Job OPTION Reimbursement for Actual Performance and

FFP

Payment Bond Premiums, Awardable Option A

1002 12 Months OPTION Storage of Vertical Lift Gate, Machinery

FFP

Modifications, and Lift Chains for Vertical Lift Gate 1, Awardable Option A

2001 Job OPTION Reimbursement for Actual Performance and

FFP

Payment Bond Premiums, Awardable Option B

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 12 Months OPTION Storage of Vertical Lift Gate, Machinery

FFP

Modifications and Lift Chains, Vertical Lift Gate 2, Awardable Option B

FOB: Destination

NET AMT

TOTALS

PLEASE COMPLETE THE INFORMATION BELOW, IN ADDITION TO THE PRICE SCHEDULE

ABOVE.

Base (Line Items 0001 – 0005) $________________________________________

Option A (Line Items 1001 – 1002) $________________________________________

Option B (Line Items 2001 – 2002) $________________________________________

TOTAL (Line Items 0001 – 2002) $________________________________________

Do not round off totals, in case of a variat ion between the unit price and the extension, the unit price will be considered to be the bid. If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a prorata basis to every unit price in the bid schedule.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

Two (2) vertical lift gates, two (2) sets of chains, two (2) sets of support beams delivered according to the following schedule:

One (1) vert ical lift gate, one (1) set of chains, one (1) set of support beams delivered within 16 months (480 days) from Notice to Proceed. (Line Items 0003AA, 0004AA, 0005AA)

One (1) vert ical lift gate, one (1) set of chains, one (1) set of support beams delivered within 28 months (845 days) from Notice to Proceed. Line Items 0003AB, 0004AB, 0005AB)

Awardable Opt ions: Only the basic contract line items, 0001 through 0005, will be awarded initially. Awardable Option Items 1001 through 2002 may be exercised as needed. Awardable

Options, if exercised, may not be exercised sequentially. Awardable Option B may be exercised without exercising Awardable Option A. If exercised, Awardable Option A will be exercised no later than October 1, 2017. If exercised, Awardable Option B will be exercised no later than

October 1, 2018. The Not-To-Exceed amount for line items 1001 and 2001 should reflect bond costs for all awardable option items within their respective awardable option. The contract complet ion time will remain unchanged regardless of the timing of option awards.

Note: Both gates, sets of chains, and sets of support beams shall be fabricated/completed within 845 days from date of award.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The

Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror p roposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, o r otherwise furnished to the successful offeror, results in a binding cont ract. The

Government will mail or otherwise furn ish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

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 with in the time specified in th is contract, the

Contractor shall, in place o f actual damages, pay to the Government liquidated damages of $1,285.00 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 delive ry 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 performanc e 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.

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H-1 PLACE OF DELIVERY

After acceptance by the Government at the fabricat ion site, the Contractor shall deliver the vert ica l lift gates and associated items via barge(s) dock front to:

Pittsburgh Engineer Warehouse and Repair Shops (PEWARS)

3500 Grand Avenue

Pittsburgh, PA 15225-1584

Donald Fogel, 412-395-7601

The facility is located on the left bank of the Ohio River, Mile 7.5. The Contractor shall notify the Government at least 30 days prior to the date of delivery, and shall coordinate delivery requirement at least 48 hours prior to the approximate time of delivery.

Delivery shall be made between the hours of 8:00 am and 3:30 pm EST, Monday through Friday, Federal holidays excluded.

Loading, transport and off-loading of the lift gates and associated items shall be in accordance with the technical specifications Section 35 05 70.00 08 Part 3, Subparts 3.1 and 3.2 . “DELIVERY AND OFF-LOADING OF

VERTICAL LIFT GATES” and “OFF LOADING FROM BARGES”.

The Contractor is to deliver according to the following schedule:

One (1) vert ical lift gate, one (1) set of chains, one (1) set of support beams no later than 16 months (480 days) from

Notice to Proceed (Line Items 0003AA, 0004AA, 0005AA);

One (1) vert ical lift gate, one (1) set of chains, one (1) set of support beams no later than 28 months (845 days) from

Notice to Proceed (Line 0003AB, 0004AB, 0005AB).

Note: Awardable Opt ions A and/or B may be exercised as necessary in the event the Government requires storage of either or both lift gates and associated equipment.

Delivery will be made to PEWARS v ia barge as described above. Upon delivery to the PEWARS dock front , products will be off-loaded from the Contractor’s barge(s) or stored on the barge(s) as specified in Section 01 -22-22-

10 MEASUREMENT AND PAYMENT. The gates and associated equipment will be off-loaded by the

Government using Government-supplied cranes.

H-2 INVOICING

Payment will be made monthly upon submission of a proper invoice to:

Original & 3 copies to:

U.S. Army Corps of Engineers / TS-TC

W.S. Moorhead Federal Build ing

1000 Liberty Avenue

Pittsburgh, PA 15222-4186

H-3 PAYMENT FOR PERFORMANCE AND PAYMENT BONDS

a. In order to ensure that sufficient funds have been set aside for payment of performance and payment bond premiums, bidders shall insert in Bid Item Nos. 0001, 1001 and 2001, an appropriate not -to-exceed dollar amount. Failure of bidders to insert a not-to-exceed dollar amount in Bid Item Nos. 0001, 1001, and 2001 will cause the bid to be rejected as non-responsive.

b. The Contractor shall be reimbursed for actual bond costs only, as established by evidence of full payment to the surety, up to the dollar amount set forth in Bid Item Nos. 0001, 1001, and 2001. In no case will the

Contractor be reimbursed an amount which exceeds the dollar amount set forth in Bid Item Nos. 0001, 1001, and 2001.

c. The Government will reimburse only the Prime Contractor for actual paid bond premiums. The

Government will not reimburse any subcontractor’s paid bond premiums.

H-4 AWARDABLE OPTIONS

Only the basic contract items, Item Nos. 0001 through 0005, will be awarded initially. Awardable Option Items

1001 through 2001 may be exercised as necessary. Awardable options, if exercised, may not be exercised sequentially. Awardable Optoin B may be exercised without exercising Awardable Option A. If exercised, Awardable Opt ion A will be exerc ised no later than October 1, 2017. If exercised, Awardable Option B will be exercised no later than October 1, 2018, The Not-To-Exceed amount for items 1001 and 2001 should reflect bond costs for all awardable option items within their respective awardable option. The contract completion time will remain unchanged regardless of the timing of the option awards.

H-5 SAFETY AND HEALTH REQUIREMENTS MANUAL

A copy of the current US Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 and its changes are available at http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx . The Contractor shall be responsible for comply ing with the current edition and all changes posted on the web as of the effective date of this solicitaiton.

H-6 COPYING, DISSEMINATION OR DISTRIBUTION OF INFORMATION.

Those who disseminate information contained on this CD-Rom or in the solicitation and/or drawings must ensure that the recipients have a legitimate need for the information and maintain a record of each recip ient. Leg itimate need means recognized business entities seeking to do business, or having business, with the Gove rnment as price contractors, subcontractors or suppliers. You shall maintain a record of the following information on each recip ient:

Business name and address, DUNS Number and IRS Tax ID Number, and name and telephone number of person receiving the info rmation.

http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.aspx

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.204-19 Incorporation by Reference of Representations and

Cert ifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Informat ion Regard ing

Responsibility Matters

JUL 2013

52.209-10 Prohibit ion on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000

52.211-15 Defense Priority And Allocation Requirements APR 2008

52.214-26 Audit and Records--Sealed Bidding OCT 2010

52.214-27 Price Reduction for Defective Cert ified Cost or Pricing Data -

Modifications - Sealed Bidding

AUG 2011

52.214-28 Subcontracting Certified Cost Or Pricing Data--

Modifications--Sealed Bidding

OCT 2010

52.214-29 Order Of Precedence--Sealed Bidding JAN 1986

52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilizat ion of Small Business Concerns OCT 2014

52.219-14 Limitations On Subcontracting NOV 2011

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2014

52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016

52.222-20 Contracts for Materials, Supplies, Art icles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibit ion Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligib ility Verification OCT 2015

52.223-6 Drug-Free Workplace MAY 2001

52.223-11 Ozone-Deplet ing Substances MAY 2001

52.223-18 Encouraging Contractor Po licies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorizat ion and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-3 Alt II Patent Indemnity (Apr 1984) - Alternate II APR 1984

52.228-2 Additional Bond Security OCT 1997

52.228-11 Pledges Of Assets JAN 2012

52.228-14 Irrevocable Letter of Cred it NOV 2014

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-16 Progress Payments APR 2012

52.232-17 Interest MAY 2014

52.232-23 Alt I Assignment of Claims (May 2014) - A lternate I APR 1984

52.232-25 Prompt Payment JUL 2013

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-2 Production Progress Reports APR 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

52.244-6 Subcontracts for Commercial Items FEB 2016

52.246-24 Limitation Of Liability--High-Value Items FEB 1997

52.247-68 Report of Shipment (REPSHIP) FEB 2006

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed -Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibit ion On Persons Convicted of Fraud or Other Defense-

Contract-Related Felon ies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.211-7005 Substitutions for Military or Federal Specifications and

Standards

NOV 2005

252.223-7004 Drug Free Work Force SEP 1988

252.223-7008 Prohibit ion of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilizat ion of Indian Organizat ions and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7016 Rights in Bid o r Proposal Information JAN 2011

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7033 Rights in Shop Drawings APR 1966

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013

252.231-7000 Supplemental Cost Princip les DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7000 Material Inspection And Receiving Report MAR 2008

252.247-7023 Transportation of Supplies by Sea APR 2014

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 receipt of

Notice to Proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than

845 days after issuance of Notice to Proceed.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definit ions. As used in this clause--

Long-term contract means a contract of more than five years in durat ion, including options. However, the term does not include contracts that exceed five years in durat ion because the period of performance has been extended for a cumulat ive period not to exceed six months under the clause at 52.217-8, Option to Extend Serv ices, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilit ies, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisit ion that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclu sion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The s mall business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of th is clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing with in the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award o f this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (e) or (g ) of this clause.

(g) If the Contractor does not have representations and certificat ions in SAM, or does not have a represent ation in

SAM for the NAICS code applicab le to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 322312 - assigned to contract number TBD..

(Contractor to sign and date and insert authorized signer's name and tit le).

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``d isabled veteran,''

``protected veteran,'' ``qualified d isabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR

22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41

CFR 60-300.5(a), as of March 24, 2014. Th is clause prohibits discrimination against qualified protected veterans, and requires affirmat ive action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the

Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS W ITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41

CFR 60-741.5(a), as of March 24, 2014. Th is clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative act ion by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal

Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including rev isions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Nu mber o r Special Item Number. This in formation shall also be included on the Material Safety

Data Sheet submitted under this contract.

Material Identificat ion No.

(If none, insert "None")

(c) Th is list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety

Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with

Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a rev ision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liab ility for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar o r identical data acquired from other sources.

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to fu rnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furn ish a bid guarantee in the form of a firm commitment, e.g., b id bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, cert ified check, cas hier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20% percent of the bid p rice o r $3,000,000, whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s ) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liab le for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

(End of provision)

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furn ish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100% percent of the orig inal contract price and a payment bond (Standard Form 1416) in an amount equal to 100% percent of the orig inal contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the

Contracting Officer, within ten (10) days, but in any event, before starting work.

(d) The Government may require addit ional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the p enal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury

Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the

Federal Reg ister, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

52.248-1 VALUE ENGINEERING (OCT 2010)

(a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals

(VECP's) voluntarily. The Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the incentive sharing rates in paragraph (f) below.

(b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a

VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include--

(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to t he instant unit cost reduction mult iplied by the number of instant contract units affected by the VECP, less the

Contractor's allowable development and implementation costs;

(2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and

(3) Future contract savings, which are the product of the future unit cost reduction multip lied by the number of future contract units in the sharing base. On an instant contract, future contract savings include savings on increases in quantities after VECP acceptance that are due to contract modifications, exercise of options, additional orders, and funding of subsequent year requirements on a mult iyear contract.

"Collateral costs," as used in this clause, means agency cost of operation, maintenance, logistic support, or

Government-furnished property.

"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall pro jected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.

"Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action.

"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the

Contractor incurs to make the contractual changes required by Government acceptance of a VECP.

"Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting

Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly d ifferent from those previously anticipated or (2) to the calculat ion of a lump-sum payment, which cannot later be rev ised.

http://www.fms.treas.gov/c570/

"Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings.

"Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a mult iyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established.

"Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any

Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line -item task saved by using the VECP on this contract, mult iplied by the appropriate cont ract labor rate.

"Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a

VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multip lied by the number of instant contract units affected.

"Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs.

"Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP.

Sharing period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the

VECP and ending at a calendar date or event determined by the contracting officer for each VECP.

"Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the

VECP applies.

"Value engineering change proposal (VECP)" means a proposal that--

(1) Requires a change to this, the instant contract, to implement; and

(2) Results in reducing the overall pro jected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change--

(i) In deliverab le end item quantities only;

(ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or

(iii) To the contract type only.

(c) VECP preparation. As a min imum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identificat ion, and priority assignment shall govern VECP preparation. The VECP shall include the following:

(1) A description of the difference between the existing contract requirement and the proposed requiremen t, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data.

(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.

(3) Identification of the unit to which the VECP applies.

(4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the

VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below.

(5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs.

(6) A predict ion of any effects the proposed change would have on collateral costs to the agency.

(7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.

(8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.

(d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise.

If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer.

(e) Government action. (1) The Contracting Officer will notify the Contractor of the status of the VECP with in 45 calendar days after the contracting office receives it. If additional t ime is required, the Contracting Officer will notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expedit iously; however, it shall not be liable for any delay in acting upon a VECP.

(2) If the VECP is not accepted, the Contracting Officer will notify the Contractor in writing, exp laining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the

Government. The Contracting Officer may require that the Contractor provide written notificat ion before undertaking significant expenditures for VECP effort.

(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part o f any VECP is a unilateral decision made solely at the discretion of the Contracting Officer.

(f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon (1) this contract's type

(fixed-price, incentive, or cost-reimbursement), (2) the sharing arrangement specified in paragraph (a) above

(incentive, program requirement, or a combination as delineated in the Schedule), and (3) the source of the savings

(the instant contract, or concurrent and future contracts), as follows:

CONTRACTOR'S S HARE OF NET ACQUIS ITION SAVINGS

(Figures in percent)

Contract Type Incentive (Voluntary) Program Requirement

(Mandatory)

Instant Contract

Rate

Concurrent and

Future Contract

Instant Contract

Rate

Concurrent and

Future Contract

Rate Rate

Fixed-price

(includes fixed-price-award-fee;

excludes other fixed-price incentive contracts)

(1) 50 (1) 50 (1) 25 25

Incentive (fixed-price or cost)

(other than award fee)

(2) (1) 50 (2) 25

Cost-reimbursement

(includes cost-plus-award-fee;

excludes other cost-type incentive

Contracts)

(3) 25 (3) 25 15 15

(1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP.

(2) Same sharing arrangement as the contract's profit or fee ad justment formula.

(3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP.

(g) Calcu lating net acquisition savings.

(1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump -sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings.

(2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fu lly offset. Then, the Contractor's share is calculated by mult iplying net acquisition savings by the appropriate

Contractor's percentage sharing rate (see paragraph (f) above). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized.

(3) If this is an incentive contract, recovery of Government costs on the instant contract shall be d eferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cos t or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings.

(4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments.

(h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall--

(1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract;

(2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount;

(3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump -sum payment;

(4) Specify the amount of any Government costs or negative instant contract savings to be offset in determin ing net acquisition savings realized from concurrent or future contract savings; and

(5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following:

(i) Fixed-price contracts--add to contract price.

(ii) Cost-reimbursement contracts--add to contract fee.

(i) Concurrent and future contract savings.

(1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above.