Solicitation_W911XK-16-T-0021.pdf

SEE ADDENDUM

(No Collect Calls)

W911XK-16-T-0021 01-Apr-2016

b. TELEPHONE NUMBER

313.226.2134

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Apr 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911XK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRUCE M WALRAD

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W56MES60490749

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS X

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING BRANCH

USACE DETROIT DISTRICT

477 MICHIGAN AVENUE, 7TH FLOOR

DETROIT MI 48226-4523

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DULUTH AREA OFFICE

600 LAKE AVENUE SOUTH

DULUTH MN 55802

TEL: FAX:

FAX:

TEL: (313) 226-6819 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$32,500,000

NAICS:

532412

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF42

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911XK-16-T-0021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Months

IGF::OT::IGF EQUIPMENT RENTAL

FFP

HYDRAULIC EXCAVATOR W/ QUICK COUPLER,HYDRAULICALLY

OPERATED THUMB, & HPX 1.54 YD3 BUCKET

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

MILSTRIP: W56MES60490749

PURCHASE REQUEST NUMBER: W56MES60490749

Enter dollar values in the

Price Schedule, Page 9

NET AMT

0002 3 Months

IGF::OT::IGF EQUIPMENT RENTAL

FFP

HYDRAULIC HAMMER EXCAVATOR ATTACHMENT

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0003 3 Months

IGF::OT::IGF EQUIPMENT RENTAL

FFP

VIBRATORY SHEET PILE DRIVER EXTRACTOR ATTACHMENT W/

SHEET PILE CLAMP AND SWIVEL

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0004 3 Months

IGF::OT::IGF EQUIPMENT RENTAL

FFP

BULLDOZER W/ WINCH

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0005 2 Months

IGF::OT::IGF EQUIPMENT RENTAL

FFP

VIBRATORY DRIVER/EXTRACTOR WITH STANDARD UNIVERSAL

CLAMP

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0006 1 Job

IGF::OT::IGF EQUIPMENT RENTAL

FFP

EQUIPMENT TRAINING

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0007 2 Months

OPTION IGF::OT::IGF EQUIPMENT RENTAL

FFP

UNIVERSAL SHEET PILE THREADER

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0008 5 Months

OPTION IGF::OT::IGF EQUIPMENT RENTAL

FFP

GROUND RELEASE SHEET PILE SHACKLE: DAWSON TYPE 150/7.5

TONNES

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

0009 5 Months

OPTION IGF::OT::IGF EQUIPMENT RENTAL

FFP

500 GALLON FUEL TANK

FOR ACCOUNTING PURPOSE ONLY

ENTER THE OFFERED PRICE IN THE PRICE SCHEDULE

FOB: Destination

INSTRUCTIONS TO OFFERORS

1. All offerors are reminded to complete and submit with your quote all FAR and DFARS Provisions related to Representations and Certifications.

2. Offerors shall complete and submit any additional full text certifications that are included in the solicitation.

An offeror may also complete the certifications at https://www.sam.gov in lieu of completing the representations and certifications in this solicitation provided that all the FAR and DFARS certifications contained in the solicitation have been completed on line.

3. All offerors shall be registered at https://www.sam.gov with the NAICS code that is shown on the front page of the SF1449 in Block 10 prior to submission of the quote.

4. Remember to sign the 1449 before submitting your proposal.

5. Submit proposal via e-mail to LRE-Quotes@usace.army.mil and Bruce.M.Walrad@usace.army.mil.

NOTE: Failure to comply with the above instructions may result in an offeror not being eligible for award.

INSTRUCTIONS FOR PRICING

1. The Offeror is instructed to complete each line and entry in the PRICE SCHEDULE, which shall be used as the basis for consideration, evaluation, comparison, and award of this procurement.

2. Enter the Unit Price and the Line Price for each numbered line in the PRICE SCHEDULE. The line price shall equal the unit price offered multiplied by the quantity (Qty) requested for the numbered line item.

3. The value entered for SUBTOTAL – BASE CONTRACT shall be the sum of the Line Price entries for Items 0001 through 0006.

4. The value entered for TOTAL FOR ALL ITEMS: BASE CONTRACT + OPTIONS shall be the sum of all numbered line items.

5. Offers that do not include a complete PRICE SCHEDULE with all entries shall be deemed non-responsive.

6. This solicitation contains Federal Acquisition Regulation (FAR) Provision 52.217-5 -- Evaluation of

Options. Accordingly, offers will be evaluated for award purposes based on the total price for all items, including options, whether exercised or not at the time of award.

7. This solicitation and the ensuing contract contain Federal Acquisition Regulation (FAR) Clause 52.217-7 – Option for Increased Quantity – Separately Priced Line Item. Reference this clause, included in full text in this solicitation, for information pertaining to the allowable periods during which the referenced options may be awarded.

PRICE SCHEDULE

Item No.

Description Delivery Date Cost Units

Unit Qty.

Unit Price Item Total

BASE CONTRACT ITEMS

0001 One (1) Hydraulic Excavator: Komatsu PC360LC‐10 W/ Quick Coupler, Hydraulically Operated Thumb, & HPX

1.54 yd3 Bucket

June 1, 2016 Month 5

0002 One (1) Hydraulic Hammer Excavator Attachment: NPK GH12

June 1, 2016 Month 3

0003 One (1) Vibratory Sheet Pile Driver Excavator Attachment: NPK C10C vibratory driver W/ Sheet Pile Clamp and Swivel

June 1, 2016 Month 3

0004 One (1) Bulldozer: Komatsu D61PX‐23 W/ Winch

June 1, 2016 Month 3

0005 One (1) Vibratory Driver: HS‐6600 Vibratory Driver/Extractor with Standard Universal Clamp

July 11, 2016 Month 2

0006 Equipment Training: Heavy Equipment Employee Training‐ Each piece of equipment

As Equipment Delivered

Job 1

SUBTOTAL ‐ BASE CONTRACT

OPTION ITEMS

0007 One (1) Sheet Pile Threader: Dawson Universal Sheet Pile Threader

July 11, 2016 Month 2

0008 One (1) Ground Release Sheet Pile Shackle: Dawson Type 150/7.5 Tonnes Ground Release Sheet Pile Shackle

June 1, 2016 Month 5

0009 One (1) 500 Gallon #2 Diesel Fuel Tank June 1, 2016 Month 5

SUBTOTAL – OPTION ITEMS

TOTAL FOR ALL ITEMS: BASE CONTRACT + OPTIONS

PROJECT REQUIREMENTS

Heavy Equipment Rental

General

1. The purpose of this action is for the Government to engage a Contractor to provide the rental, delivery, technical support, operational training, and pick-up of construction-type equipment at the Government’s Erie Pier Beneficial Reuse Facility at Duluth Minnesota.

2. Excavator and Dozer equipment will primarily be used to:

a. Excavate and prepare existing ground surface for an upcoming sheet pile project. The equipment will be required to move various materials consisting of small boulders down to loose sand in the work area. It will also be used to mobilize, lift, and support sheet pile materials. The equipment will be used on a variety of surfaces ranging from small cobble stone, sand, to clay. Therefore all equipment must be fitted to work reliably in this terrain, e.g. tracked equipment shall be equipped with adequate tracks, and buckets and blades shall have suitable cutting edges and teeth for rock work.

b. The excavator and dozer will perform limited clearing and grubbing of trees and brush located within the project area.

c. The excavator will be used to break up old concrete using a Hydraulic Hammer. The excavator will also be used to drive steel sheet pile sections with a Vibratory Driver with Sheet Pile Clamp and Swivel. Sheets will be approximately 12 feet in length. Both attachments will be required to correspond to the excavator and attach by means of a quick coupler. Attachments will be changed throughout the period of performance so it is crucial they are compatible with the excavators connecting and hydraulic systems.

3. Hydraulic Hammer, Vibratory Driver W/ Sheet Pile Clamp and Swivel Vibratory Sheet Pile Driver/ Extractor, Sheet Pile Threader, and Ground Release Shackle equipment will primarily be used to:

a. As stated above the Hydraulic Hammer and Vibratory Driver W/ Sheet Pile Clamp and Swivel will be used in conjunction with the excavator to break up old concrete and drive steel sheet piles. The Sheet Pile Threader and Ground Release Shackle will be used to align sheets and assist with driving sheets.

4. Vibratory Driver equipment will be used to:

a. Drive steel sheet piles (approximately 55’ in length with effective embedment depth of approximately 20’) along existing breakwater structure in a harbor setting. A government crane will be used to lift the Vibratory Driver into position.

Required Equipment

5. The rental equipment identified in the Price Schedule at Items 0001 through 0005, 0007, and 0008 shall be brand name or equal to the equipment listed below and in the SALIENT FEATURES attachment. The factors to be equivalent to the equipment listed include those items that are highlighted and/or encompassed in a red box.

On-Site Training

6. The successful Contractor will provide initial on-site, equipment specific, safety and operations training, which is accredited and compliant with the National Center for Construction Education Research (NCCER) standards. The training shall be for up to ten

(10) employees on each piece of rented equipment or equipment type. Training dates shall be coordinated with the Government’s on-site representative and shall be provided on the date that the equipment is assembled and operational at the worksite.

Rental Period

7. Each piece of the listed equipment will be needed from one (1) to five (5) months, with one

(1) month equal to 28 calendar days, and the minimum period of time shall be no less than one (1) month. Rental costs will be paid on a monthly basis, and the equipment may be returned earlier than the full rental period. The usage date begins on the day the Government receives, inspects, and accepts each piece of equipment for use. This will be based on the date the equipment is at the worksite, operational, and available with the Contractor’s representative for the required safety orientation and operational training.

Delivery

8. The transportation/delivery costs of all equipment and associated materials to and from the delivery site is the responsibility of the Contractor and shall be included in the item price indicated in the Price Schedule. The delivery location is the Erie Pier Beneficial Reuse Facility at Duluth Minnesota. The entry gate is at:

Intersection of S. 40th Avenue and Oneota Street

Duluth, MN 55807

9. Delivery shall be coordinated with the Government’s on-site representative and transport vehicles shall be scheduled to arrive at the job site during normal work days and hours.

This includes Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Central Time, and excludes Federal holidays. Alternate delivery times must be approved on a case-by-case basis by the Government representative. The Government will provide the Contractor with a schedule detailing when each piece of equipment is needed, and the desired order of delivery. The delivery schedule shall be such that the equipment can be delivered, assembled, documented, and tested safely and efficiently at the worksite. The Contractor shall be allowed a maximum of one week to have the equipment on site and functional after notification.

10. All equipment shall arrive in fully functional condition and meet all OSHA safety requirements. All safety lock-outs and devices shall be functioning as intended by the manufacturer and come complete with all necessary documentation and certifications where applicable.

11. All equipment shall be provided with tools and necessary materials to perform minor forms of general, preventative, and/or routine maintenance, such as fluid level checks, greasing, tire pressures, etc. These tools and material include items such as equipment specific tools, grease guns, grease, and hydraulic fluid.

12. All equipment and accessories shall arrive ready for use, and fully functional. It is the Contractor’s responsibility to ensure items such as hydraulic and motor oil levels are topped off, fuel tanks are full, accessory attachment pins, hydraulic hoses, electrical harnesses, and fluids are provided, tires are inflated to proper pressures, equipment cab glass is not broken, etc. Equipment delivered that is not fully functional may delay start dates for the rental period.

Equipment Use, Maintenance, and Support

13. The Contractor is responsible for major maintenance and repairs that are required during the performance period. This will include periodic oil changes as required by equipment maintenance schedules.

14. The rented equipment will be used in close areas and a typical construction environment, and the Contractor must allow for equipment to be returned with normal wear that does not affect the equipment’s life and functionality. The Government will not be responsible for repairing items such as minor cosmetic dents and scratches, shallow surface slices on tires, paint, and basic exterior and interior cleaning of the equipment. The Government will not be responsible for the replacement of parts with wear associated with normal use of the equipment and parts such as hydraulic hoses and components, seals, tires, buckets, teeth, blades, and pins.

15. The Contractor will provide timely technical support via phone, or email on an as-needed basis for the duration of the contract 24-hours per day, seven (7) days a week.

16. The Contractor must also be capable of providing maintenance and repair parts, as well as on site support, for equipment failure that is not related to improper use and/or accident, as needed, within 24 hours. Failure to comply with this requirement may result in an extension of the rental period on a day-for-day basis for not only the non-operating equipment, but also for the equipment supporting its operation. If nonoperational equipment cannot be repaired within 24 hours, the Contractor also has the option of replacing the equipment in kind within 36 hours.

Security Requirements

17. All personnel and subcontractors employed by the Contractor in the performance of the services specified in this contract or any representative of the Contractor entering the work area shall conform and comply with all applicable U.S. Army Corps of Engineers, facility access, security policies and procedures (provided by the Government). The Contractor’s workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

18. Security Checks: All Contractor employees or subcontractors must carry pictured identification at all times. They must show I.D. upon request by Government personnel.

The Contractor's employees will be subject to such additional checks as may be deemed necessary to ensure that no violation of security rules has occurred.

Government’s On-Site Representative

19. The Government Point of Contact at the project site is:

Mr. Corey Weston Duluth Area Office Detroit District U.S. Army Corps of Engineers PHONE: (218) 720-5260 or (218) 349-9179 (Cellular) EMAIL: Corey.Weston@usace.army.mil

20. The Government Point of Contact will coordinate the scheduling of equipment deliveries, equipment inspection, acceptance, and return of equipment at the end of the respective rental periods.

Equipment List

Item No.

Equipment Brand Name or Equal Qty Max

Rental Period

Delivery Date

BASE ORDER ITEMS

0001 Hydraulic Excavator Komatsu PC360LC-10 W/ Quick Coupler, Hydraulically Operated Thumb, & HPX 1.54 yd3 Bucket

1 5 01 June 2016

Hydraulic Hammer Excavator Attachment

NPK GH12 1 3 01 June 2016

Vibratory Sheet Pile Driver Excavator Attachment

NPK C10C vibratory driver W/ Sheet Pile Clamp and Swivel

1 3 01 June 2016

0004 Bulldozer Komatsu D61PX-23 W/ Winch 1 3 01 June 2016

0005 Vibratory Driver HS-6600 Vibratory Driver/Extractor with Standard Universal Clamp

1 2 11 July 2016

0006 Equipment Training Heavy Equipment Employee Training- Each piece of equipment

1 NA 01 June 2016

OPTION ITEMS

0007 Sheet Pile Threader Dawson Universal Sheet Pile Threader 1 2 11 July 2016

0008 Ground Release Sheet Pile Shackle

Dawson Type 150/7.5 Tonnes Ground Release Sheet Pile Shackle

1 5 01 June 2016

0009 500 Gallon #2 Diesel Fuel Tank

No Brand Name. Tank must provide sufficient secondary spill containment, and be equipped for use near waters

1 5 01 June 2016

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) --

Alternate I

OCT 1995

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 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.211-6 Brand Name or Equal AUG 1999 52.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program

DEC 2015

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016 52.222-21 Prohibition 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 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.203-7996 (Dev) Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements - Representation (Deviation 2016-O0003)

OCT 2015

252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)

OCT 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls DEC 2015 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. DEC 2015 252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

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

252.209-7991 (Dev) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law - Fiscal Year 2016 Appropriations. (DEVIATION 2016-O0002)

OCT 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 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

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(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.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“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 size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has…