Solicitation_W911XK-17-R-0010.pdf

PDF 223 KB Posted Feb 17, 2017

Attached to: FY17 Materials for Superior Entry North Inner Wall Repair
Solicitation number: W911XK-17-R-0010
Issued by: Department of the Army Corps of Engineers Engineering District Detroit

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Solicitation W911XK-17-R-0010

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File	Type	Posted
Government_Response.pdf	PDF	Mar 9, 2017
Erie_Pier_Access_2016-07-14.pdf	PDF	Mar 2, 2017
COE_Vessel_Yard_Slip_Google_Sounding_08_14_2013.jpg	JPG image	Mar 2, 2017
W911XK-17-R-0010_Amend_0001.pdf	PDF	Mar 2, 2017
Drawings_W911XK-17-R-0010.pdf	PDF	Feb 17, 2017
Specifications_W911XK-17-R-0010.pdf	PDF	Feb 17, 2017

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SEE ADDENDUM

(No Collect Calls)

W911XK-17-R-0010 17-Feb-2017

b. TELEPHONE NUMBER

313-226-2797

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Mar 2017

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

LLOYD W SMITH

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

W56MES70057462

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 BUSINESSX

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 F3M0U00 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

STEVEN J BROSSART

DETROIT DISTRICT, C/O DIV

CANAL PARK

DULUTH, MN 55802

TEL: 218-720.5260 FAX: 218.720.5270

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:

500 Employees

NAICS:

332312

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 OF26

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-17-R-0010

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

IGF::OT::IGF

FFP

STEEL MATERIAL (SHEET PILE AND REQUIRED HARDWARE

----For Government Accounting Purposes Only---- FOB: Destination

MILSTRIP: W56MES70057462

PURCHASE REQUEST NUMBER: W56MES70057462

Enter Pricing in the PRICE

BREAKOUT SCHEDULE on Pages 7-17

NET AMT

INSTRUCTIONS TO OFFERORS

1. All offerors are reminded to complete and submit with your proposal, 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 proposal.

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

5. Submit proposal via e-mail to LRE-Quotes@usace.army.mil and Lloyd.W.Smith@usace.army.mil.

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

SCOPE OF WORK

This contract will be for supplies and materials for the steel sheet piling project at the Duluth-Superior Harbor. The contractor will provide all the supplies and materials as described in PRICE BREAKOUT SCHEDULE. The contractor can reference Figure 1.2 Steel Sheet Pile Reference Detail for specifics regarding the supplies and materials list. All supplies and materials must be made and manufactured within the United States of America in accordance with the Buy American Act. In accordance with UAI 5122.1302-100 regarding Equal Opportunity for Veterans.

Proposal Package

At a minimum the list must specify the manufacturer and material name for each material described in the Price Breakout Schedule. In addition the quantity and cost must be included for each material. Failure to provide the breakdown list will result in the proposal not being considered.

Delivery

There will be two delivery locations. All Steel Sheet Pile, Tie Rods, and Sheet Pile Caps (Items 0001-0005, 0026-0028, 0042-0044 & 0058-0060) will be delivered to the Erie Pier Beneficial Reuse Facility. All other items will be delivered to the U.S. Army Corps of Engineers Vessel Yard.

The Erie Pier Beneficial Reuse Facility is located at the Southern End of 40th Ave West, Duluth, MN 55807. The contractor will be responsible for delivering and unloading all designated items at the delivery location within the facility. Delivery must take place sometime Monday-Friday between 0700 hours and 1600 hours CST. Material must be placed on dunnage that is supplied by the contractor once unloaded. See Figure 1.1 Delivery Location for the designated location.

The U.S. Army Corps of Engineers Vessel Yard is located at 901 Minnesota Ave, Duluth, MN 55802. The contractor will be responsible for delivering and unloading all designated items at the delivery location within the facility. Delivery must take place sometime Monday-Friday between 0700 hours and 1530 hours CST. Material must be placed on dunnage that is supplied by the contractor once unloaded or delivered on pallets. See Figure 1.1 Delivery Location for the designated location.

Delivery dates will vary based on the type of supplies and materials and can be found in PRICE BREAKOUT SCHEDULE. All deliveries times must be coordinated with a government representative(s). Each delivery must be checked by the government representative prior to acceptance. The primary government representative will be Corey Weston 218-349-9179 and the alternate will be Sean Strasser 218-290-4882.

Material Tolerances

All contract item dimensions must be within 0.005 in. of required dimensions as listed in the Price Breakout Schedule. Failure for a contract item dimension to fall within this tolerance will result in rejection of said contract item.

Quality Control

The Contractor must establish and maintain effective Quality Control (QC). Quality Control consists of ensuring that all contract items meet correct dimensions, quantities, drilled hole locations, drilled hole dimensions, and all other requirements as specified in the contract. Effective QC also includes checking all steel material mill certificates to ensure all material was melted and manufactured in the United States, meets grade and strength requirements as specified in the contract, and that the material delivered corresponds to the listed heat/batch number on the given mill certificates for each contract item.

Contractor Quality Control Checklists must be submitted prior to material delivery to show that the contractor has checked all contract items and that they comply with contract requirements. Quality Control Checklist will be required to be filled out by the contractor and signed by both the contractor’s representative and government representative prior to material delivery. Failure to do so will result in rejection of delivered material. The Quality Control checklists will be required to be completed with signatures prior to receiving any payment. Material tolerances must also be documented on Quality Control Checklists to ensure all contract items fall within the 0.005

in. dimension tolerance. Failure to do so will result in rejection of said contract item.

Delivery Locations (2):

1: Erie Pier Beneficial Reuse Facility Southern End of 40th Ave West Duluth, MN 55807

2: U.S. Army Corps of Engineers Vessel Yard 901 Minnesota Ave Duluth, MN 55802

*See attached maps for site location

POCs:

Corey Weston Sean Strasser Duluth Area Office Duluth Area Office 600 S. Lake Ave. 600 S. Lake Ave.

Duluth, MN 55802‐3102 Duluth, MN 55802‐3102 Office: 218‐720‐5260 x 35277 Office: 218‐720‐5260 x 35269 Cell: 218‐349‐9179 Cell: 218‐290‐4882 Email:

corey.weston@usace.army.mil

Email:

sean.f.strasser@usace.army.mil

PRICE BREAKOUT SCHEDULE

BASE

ITEM SUPPLIES/SERVICE MANUFACTURER

& MATERIAL

NAME

DELIVERY

DATE

QTY UNIT UNIT

PRICE

TOTAL

STEEL SHEET PILE (SSP)

0001 Cold formed MSZ

Steel Sheet Pile

1 MAY 17 134 SHEET

• W = 28.38"

• H = 17.22"

• Thickness = 0.375"

• 55’ sheet length

• Must meet ASTM A572/A572M Grade 50 •Must be Cold Formed

• Required Elastic Section Modulus 40.14 in^3/ft min

• Required Yield Strength Fy = 50ksi

• Must provide Mill Certification

• Sheets must be delivered in connected pairs

• Epoxy Coating: Top 22’ of connected pair sheets must be coated with 20 mil minimum thickness epoxy coating. Only one side is required to be coated. Epoxy Coating must meet the requirements in Figure 1.3 Sheet Pile Epoxy Coating Specifications. Must provide epoxy manufacture’s certification that epoxy meets minimum 20 mil thickness and minimum 2000 psi ASTM D4541 adhesion test.

0002 Cold formed MSZ

Steel Sheet Pile

1 MAY 17 4 SHEET

• W = 28.38"

• H = 17.22"

• Thickness = 0.375in

• 55’ sheet length

• Must meet ASTM A572/A572M Grade 50

• Must be Cold Formed

• Required Elastic Section Modulus 40.14 in^3/ft min

• Required Yield Strength Fy = 50ksi

• Must provide Mill Certification

• Sheets must be delivered in connected pairs

• SHOULD NOT BE COATED

0003 SSP 90 Degree Corner

Piece for Cold Formed MSZ Steel Sheet Pile - Outside Simple Lock

1 MAY 17 1 SHEET

• 55’ Length

• Thickness = 0.375in

• Bend SSP 7” from centerline of the Simple Lock

• Must meet ASTM A572/A572M Grade 50

• Required Elastic Section Modulus 40.14 in^3/ft min

• Required Yield Strength Fy = 50ksi

• Must provide Mill Certification

• Cold formed

• SHOULD NOT BE COATED

SHEET PILE CAP

0004 1 MAY 17 12 EA

• 30’ Long Steel Channel Sheet Pile Cap

• Must provide Mill Certification

• ASTM A36

• Yield Strength Fy = 36ksi

• Thickness = 3/8"

• Min clear opening greater than height dimension of cold formed Z-shaped sheet pile section

• Minimum Flange width = 4"

TIE ROD

0005 #18 Tie Rod 2-1/4"

DIA

1 MAY 17 68 EA

• 46’ Length

• ASTM A615/A615M, Grade 75

• Required 2.25" diameter

• Required Yield Strength Fy = 75ksi

• Must provide Mill Certification

• Entire length of Tie Rod must be Threaded 0006 Tie Rod Couplers 1 MAY 17 34 EA

• Must be provided to join Tie Rods together

• Must provide Mill Certification •Must be approved by manufacturer for use on selected Tie Rods

• Must meet or exceed specific grade and strength requirements of Tie Rods

WALE

0007 C12x30 Wale 1 APRIL 17 26 EA

• 30’ Wale Length

• Must provide Mill Certifications

• ASTM A572 Gr. 50

PLATES CONNECTIONS & SEPARATORS

0008 10"X10"X2 1 MAY 17 68 EA

GR A 36 Tie Rod Connection Plate with 1 – 2 1/2" DRILLED hole

0009 10"X10"X0.5"X0.6745 1 MAY 17 25 EA

GR A 36 Tie Rod Connection 1° shim plate with 1 - 2 1/2" DRILLED hole

• Shim must form a 1° angle

• See detail in Figure 1.2 Steel Sheet Pile Reference

0010 12"X3"X5/8 1APRIL 17 160 EA

GR A 36 Plate for Wale Separator

0011 3"x3"x1/2 1 MAY 17 150 EA

GR A 36 SSP Tension Bolt Plate with 1 - 15/16" DRILLED hole

0012 7"X14"X3/4 1 MAY 17 75 EA

GR A 36 Wale Tension Bolt Backing Plate with 2 – 15/16" DRILLED holes

0013 14.5"x7"x1/2 1 APRIL 17 50 EA

GR A 36 Wale Splice Connector Plates with 8 – 15/16" DRILLED holes

0014 14.5"x7"x3 1 APRIL 17 1 EA

GR A 36 Wale Fill Connector Plates with 8 – 15/16" DRILLED holes

HARDWARE

0015 2-1/4" DIA ASTM A-615 1 MAY 17 68 EA

GR75 NUT & WASHER for Tie Rod

0016 7/8" DIA A325 BOLT W/ NUT & WASHER 1 APRIL 17 200 EA

- Bolt Length: 3in. for Wale Splice

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0017 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 APRIL 17 12 EA

Bolt Length: 5-1/2 in. for Wale Fill Plate

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0018 1" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 150 EA

Bolt Length: 16 in. for Tension Bolts. BOLTS MUST HAVE 6 in. of THREAD

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0019 3/4" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 150 EA

Bolt Length - for Cap Note: C-Channel Cap configurationmay change depending on bid, bolt size may also change

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

*** Note: All bolts must meet ASTM A325, Type 1. The bolt heads and the nuts of the supplied fasteners must be marked with the manufacturer's identification mark, the strength grade and type specified by ASTM specifications. All Nuts must meet ASTM A563. All Flat Washers must meet ASTM F 436. 1 Flat Washer must be provided per bolt. Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE. Bolts, nuts, and washers must be galvanized. MUST PROVIDE MILL CERTIFICATIONS FOR

EACH DIFFERENT TYPE OF BOLT. ***

LADDER

0020 1-1/2" Diameter GRAB BAR- Length: 1' 3-1/4 1 MAY 17 8 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• GRAB BAR shall be Schedule 160 Material

0021 1-1/2" Diameter LADDER RUNG- Length: 2' 4- 1/4"

1 MAY 17 48 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• LADDER RUNG shall be Schedule 160 Material

STEEL H-PILES

0022 HP12x74 1 APRIL 17 2 EA

• Length = 60'

• 60' Length can be 1 continuous 60 ft. piece or 2 welded pieces to achieve the required 60 ft. length. If Beam is 2 welded pieces, it must be welded by a certified welder so that the beam has the same quality and perform as well as a monolithic member.

• Depth = 12.1"

• Flange Width = 12.2"

• Flange Thickness = 0.610"

• Web Thickness = 0.605"

• Weight = 74 lb/ft

• Must meet ASTM A572/A572M Grade 50

• Required Yield Strength Fy = 50ksi

STEEL PIPE

0023 8" Schedule 40 Steel

Piping

1 APRIL 17 2 EA

• Length = 40'

• 40' Length MUST BE CONTINUOUS, NOT 2 WELDED PIECES

• Wall Thickness = 0.322"

• Pipe OD = 8.625"

• Must be Schedule 40

• Must meet ASTM A572/A572M Grade 50

• Required Yield Strength Fy = 50ksi

HOT ROLLED STEEL ANGLE

0024 Hot rolled steel angle 1 APRIL 17 20 EA

• Length = 4 ft.

• Flange Length = 4"

• Thickness = 0.5"

• Must meet ASTM A572/A572M Grade 50

• Required Yield Strength Fy = 50ksi

TOTAL COST OF BASE

OPTION ONE (1)

& MATERIAL

NAME

DELIVERY

DATE

QTY UNIT UNIT

PRICE

TOTAL

STEEL SHEET PILE (SSP)

0025 Cold formed MSZ

Steel Sheet Pile

1 MAY 17 18 SHEET

• W = 28.38"

• H = 17.22"

• Thickness = 0.375"

• 55’ sheet length

• Must meet ASTM A572/A572M Grade 50 •Must be Cold Formed

• Required Elastic Section Modulus 40.14 in^3/ft min

• Required Yield Strength Fy = 50ksi

• Must provide Mill Certification

• Sheets must be delivered in connected pairs

SHEET PILE CAP

0026 1 MAY 17 3 EA

• 30’ Long Steel Channel Sheet Pile Cap

• Must provide Mill Certification

• ASTM A36

• Yield Strength Fy = 36ksi

• Thickness = 3/8"

• Min clear opening greater than height dimension of cold formed Z-shaped sheet pile section

• Minimum Flange width = 4"

TIE ROD

0027 #18 Tie Rod 2-1/4"

DIA

1 MAY 17 10 EA

• 46’ Length

• ASTM A615/A615M, Grade 75

• Required 2.25" diameter

• Required Yield Strength Fy = 75ksi

• Must provide Mill Certification

• Entire length of Tie Rod must be Threaded 0028 Tie Rod Couplers 1 MAY 17 5 EA

• Must be provided to join Tie Rods together

• Must provide Mill Certification •Must be approved by manufacturer for use on selected Tie Rods

• Must meet or exceed specific grade and strength requirements of Tie Rods

WALE

0029 C12x30 Wale 1 APRIL 17 2 EA

• 30’ Wale Length

• Must provide Mill Certifications

• ASTM A572 Gr. 50

PLATES CONNECTIONS & SEPARATORS

0030 10"X10"X2 1 MAY 17 10 EA

GR A 36 Tie Rod Connection Plate with 1 – 2 1/2" DRILLED hole

0031 12"X3"X5/8 1 APRIL 17 20 EA

GR A 36 Plate for Wale Separator

0032 3"x3"x1/2 1 MAY 17 20 EA

GR A 36 SSP Tension Bolt Plate with 1 - 15/16" DRILLED hole

0033 7"X14"X3/4 1 MAY 17 10 EA

GR A 36 Wale Tension Bolt Backing Plate with 2 – 15/16" DRILLED holes 0034 1 4.5"x7"x3 1 APRIL 17 2 EA

GR A 36 Wale Fill Connector Plates with 8 – 15/16" DRILLED holes ***See Figure 1.2 Steel Sheet Pile Reference Detail for Bolt Hole Locations. ALL HOLES IN PLATES MUST BE DRILLED. Any plates with holes that have been torched or formed in any other way besides drilling will not be accepted. MUST PROVIDE

MILL CERTIFICATIONS FOR EACH DIFFERENT TYPE OF PLATE ***

HARDWARE

0035 2-1/4" DIA ASTM A-615 1 MAY 17 10 EA

GR75 NUT & WASHER for Tie Rod

0036 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 APRIL 17 25 EA

Bolt Length: 5-1/2 in. for Wale Fill Plate

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDEDPER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0037 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 25 EA

Bolt Length: 16 in. for Tension Bolts. BOLTS MUST HAVE 6 in. of THREAD

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0038 3/4" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 25 EA

Length - for Cap Note: C-Channel Cap configuration may change depending on bid, bolt size may also change

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE *** Note: All bolts must meet ASTM A325, Type 1. The bolt heads and the nuts of the supplied fasteners must be marked with the manufacturer's identification mark, the strength grade and type specified by ASTM specifications. All Nuts must meet ASTM A563. All Flat Washers must meet ASTM F 436. 1 Flat Washer must be provided per bolt. Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE. Bolts, nuts, and washers must be galvanized. MUST PROVIDE MILL CERTIFICATIONS FOR

EACH DIFFERENT TYPE OF BOLT. ***

LADDER

0039 1-1/2" Diameter GRAB BAR- Length: 1' 3-1/4 1 MAY 17 2 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• GRAB BAR shall be Schedule 160 Material 0040 1-1/2" Diameter LADDER RUNG- Length: 2' 4-

1/4"

1 MAY 17 12 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• LADDER RUNG shall be Schedule 160 Material

TOTAL COST OF OPTION ONE (1)

OPTION TWO (2)

& MATERIAL

NAME

DELIVERY

DATE

QTY UNIT UNIT

PRICE

TOTAL

STEEL SHEET PILE (SSP)

0041 Cold formed MSZ

Steel Sheet Pile

1 MAY 17 16 SHEET

• W = 28.38"

• H = 17.22"

• Thickness = 0.375"

• 55’ sheet length

• Must meet ASTM A572/A572M Grade 50 •Must be Cold Formed

• Required Elastic Section Modulus 40.14 in^3/ft min

• Required Yield Strength Fy = 50ksi

• Must provide Mill Certification

• Sheets must be delivered in connected pairs

SHEET PILE CAP

0042 1 MAY 17 3 EA

• 30’ Long Steel Channel Sheet Pile Cap

• Must provide Mill Certification

• ASTM A36

• Yield Strength Fy = 36ksi

• Thickness = 3/8"

• Min clear opening greater than height dimension of cold formed Z-shaped sheet pile section

• Minimum Flange width = 4"

TIE ROD

0043 #18 Tie Rod 2-1/4"

DIA

1 MAY 17 10 EA

• 46’ Length

• ASTM A615/A615M, Grade 75

• Required 2.25" diameter

• Required Yield Strength Fy = 75ksi

• Must provide Mill Certification

• Entire length of Tie Rod must be Threaded 0044 Tie Rod Couplers 1 MAY 17 5 EA

• Must be provided to join Tie Rods together

• Must provide Mill Certification •Must be approved by manufacturer for use on selected Tie Rods

• Must meet or exceed specific grade and strength requirements of Tie Rods

WALE

0045 C12x30 Wale 1 APRIL 17 2 EA

• 40’ Wale Length

• Must provide Mill Certifications

• ASTM A572 Gr. 50

PLATES CONNECTIONS & SEPARATORS

0046 10"X10"X2 1 MAY 17 10 EA

GR A 36 Tie Rod Connection Plate with 1 – 2 1/2" DRILLED hole

0047 12"X3"X5/8 1 APRIL 17 20 EA

GR A 36 Plate for Wale Separator

0048 3"x3"x1/2 1 MAY 17 20 EA

GR A 36 SSP Tension Bolt Plate with 1 - 15/16" DRILLED hole

0049 7"X14"X3/4 1 MAY 17 10 EA

GR A 36 Wale Tension Bolt Backing Plate with 2 – 15/16" DRILLED holes 0050 1 4.5"x7"x3 1 APRIL 17 2 EA

MILL CERTIFICATIONS FOR EACH DIFFERENT TYPE OF PLATE ***

HARDWARE

0051 2-1/4" DIA ASTM A-615 1 MAY 17 10 EA

GR75 NUT & WASHER for Tie Rod

0052 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 APRIL 17 25 EA

Bolt Length: 5-1/2 in. for Wale Fill Plate

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDEDPER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0053 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 25 EA

Bolt Length: 16 in. for Tension Bolts. BOLTS MUST HAVE 6 in. of THREAD

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0054 3/4" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 25 EA

Length - for Cap Note: C-Channel Cap configuration may change depending on bid, bolt size may also change

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

EACH DIFFERENT TYPE OF BOLT. ***

LADDER

0055 1-1/2" Diameter GRAB BAR- Length: 1' 3-1/4 1 MAY 17 2 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• GRAB BAR shall be Schedule 160 Material 0056 1-1/2" Diameter LADDER RUNG- Length: 2' 4-

1/4"

1 MAY 17 12 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• LADDER RUNG shall be Schedule 160 Material

TOTAL COST OF OPTION TWO (2)

OPTION THREE (3)

& MATERIAL

NAME

DELIVERY

DATE

QTY UNIT UNIT

PRICE

TOTAL

STEEL SHEET PILE (SSP)

0057 Cold formed MSZ

Steel Sheet Pile

1 MAY 17 34 SHEET

• W = 28.38"

• H = 17.22"

• Thickness = 0.375"

• 55’ sheet length

• Must meet ASTM A572/A572M Grade 50 •Must be Cold Formed

• Required Elastic Section Modulus 40.14 in^3/ft min

• Required Yield Strength Fy = 50ksi

• Must provide Mill Certification

• Sheets must be delivered in connected pairs

SHEET PILE CAP

0058 1 MAY 17 3 EA

• 30’ Long Steel Channel Sheet Pile Cap

• Must provide Mill Certification

• ASTM A36

• Yield Strength Fy = 36ksi

• Thickness = 3/8"

• Min clear opening greater than height dimension of cold formed Z-shaped sheet pile section

• Minimum Flange width = 4"

TIE ROD

0059 #18 Tie Rod 2-1/4"

DIA

1 MAY 17 18 EA

• 46’ Length

• ASTM A615/A615M, Grade 75

• Required 2.25" diameter

• Required Yield Strength Fy = 75ksi

• Must provide Mill Certification

• Entire length of Tie Rod must be Threaded 0060 Tie Rod Couplers 1 MAY 17 9 EA

• Must be provided to join Tie Rods together

• Must provide Mill Certification •Must be approved by manufacturer for use on selected Tie Rods

• Must meet or exceed specific grade and strength requirements of Tie Rods

WALE

0061 C12x30 Wale 1 APRIL 17 6 EA

• 40’ Wale Length

• Must provide Mill Certifications

• ASTM A572 Gr. 50

PLATES CONNECTIONS & SEPARATORS

0062 10"X10"X2 1 MAY 17 18 EA

GR A 36 Tie Rod Connection Plate with 1 – 2 1/2" DRILLED hole

0063 12"X3"X5/8 1 APRIL 17 50 EA

GR A 36 Plate for Wale Separator

0064 3"x3"x1/2 1 MAY 17 50 EA GR A 36 SSP Tension Bolt Plate with 1 - 15/16" DRILLED hole

0065 7"X14"X3/4 1 MAY 17 25 EA

GR A 36 Wale Tension Bolt Backing Plate with 2 – 15/16" DRILLED holes

0066 1 4.5"x7"x3 1 APRIL 17 4 EA GR A 36 Wale Fill Connector Plates with 8 – 15/16" DRILLED holes ***See Figure 1.2 Steel Sheet Pile Reference Detail for Bolt Hole Locations. ALL HOLES IN PLATES MUST BE DRILLED. Any plates with holes that have been torched or formed in any other way besides drilling will not be accepted. MUST PROVIDE

MILL CERTIFICATIONS FOR EACH DIFFERENT TYPE OF PLATE ***

HARDWARE

0067 2-1/4" DIA ASTM A-615 1 MAY 17 18 EA

GR75 NUT & WASHER for Tie Rod

0068 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 APRIL 17 45 EA

Bolt Length: 5-1/2 in. for Wale Fill Plate

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDEDPER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0069 7/8" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 50 EA

Bolt Length: 16 in. for Tension Bolts. BOLTS MUST HAVE 6 in. of THREAD

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

• Along with 1 flat washer, 1 DIRECT LOAD INDICATOR WASHER must also be provided for each bolt. Direct Load Indicator washer must meet ASTM F959 FOR GIVEN BOLT SIZE AND GRADE.

0070 3/4" DIA A325 BOLT W/ NUT & 2 WASHERS 1 MAY 17 50 EA

Length - for Cap Note: C-Channel Cap configuration may change depending on bid, bolt size may also change

• Nuts must meet ASTM A563 and 1 flat washer must meet ASTM F436. 1 FLAT WASHER MUST BE PROVIDED

PER BOLT

EACH DIFFERENT TYPE OF BOLT. ***

LADDER

0071 1-1/2" Diameter GRAB BAR- Length: 1' 3-1/4 1 MAY 17 2 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• GRAB BAR shall be Schedule 160 Material 0072 1-1/2" Diameter LADDER RUNG- Length: 2' 4-

1/4"

1 MAY 17 12 EA

• Dimensions should match ladders detail shown in Figure 1.2 Steel Sheet Pile Reference Detail

• Bar and pipe shall conform to ASTM A 36 M, and be carbon steel

• Wall Thickness = 0.281"

• Must Provide Mill Certification

• LADDER RUNG shall be Schedule 160 Material

TOTAL COST OF OPTION THREE (3)

TOTAL OF ALL OPTIONS

TOTAL PRICE INCLUDING BASE &

OPTIONS

SECURITY REQUIREMENTS

All personnel employed by the contractor in the performance of the services specified in this contract or any representative of the contractor entering Duluth, MN shall conform and comply with all applicable Federal/State of Minnesota and County of St. Louis Laws, Rules, Regulations or Policies. It is the contractor’s responsibility to be aware of the prevailing Laws, Rules, Regulations or Policies of Duluth, MN.

All contract employees must carry pictured identification at all times. They must show I.D. upon request by City/State/Government personnel. The Contractor's employee must carry a copy of the contract requirements with them during the implementation of this contract.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 270 dys. ADC 1 DULUTH AREA OFFICE

STEVEN J BROSSART

DETROIT DISTRICT, C/O DIV

CANAL PARK

DULUTH, MN 55802

218-720.5260 FOB: Destination

F3M0U00

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 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 OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015 52.212-3 Alt I Offeror Representations and Certifications--Commercial Items (DEC

2016) Alternate I

OCT 2014

52.216-1 Type Of Contract APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.217-6 Option For Increased Quantity MAR 1989 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 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 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.233-2 Service Of Protest SEP 2006 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 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-5 Authorized Deviations In Provisions APR 1984 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 252.204-7003 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 OCT 2016 252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 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

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016) DEC 2016 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 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

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at

FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not…

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