W911XK18T0010_DULUTH_AUX_HOIST_REPLACEMENT.pdf

SEE ADDENDUM

(No Collect Calls)

W911XK18T0010 10-Feb-2018

b. TELEPHONE NUMBER

313-226-2797

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 26 Feb 2018

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

W56MES73555447

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

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

SIZE STANDARD:

1,250

NAICS:

333923

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.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF31

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.

W911XK18T0010

Section SF 1449 - CONTINUATION SHEET

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.

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

SCOPE OF WORK

Auxiliary Hoist Replacement

1. General

The United States Army Corps of Engineers, Detroit District Duluth Area Office is seeking bids to remove and replace the Auxiliary Hoist assembly on the on the Derrick Barge HJ Schwartz. The assembly is incorporated into the Am Clyde-Model 24 revolving crane, Serial # 5218. The various components are controlled by air, hydraulic, and electrical systems.

Details surrounding each motor and repair can be found in the section below describing the Auxiliary Hoist Replacement. In addition to replacing the Auxiliary Hoist Motor, there will also be upgrades to the mechanical and control. The upgrades are necessary to ensure the systems are capable to meet various applications requiring finite movement. The contactor will need to provide appropriate engineering expertise in order to design and install the new motors and upgraded systems. The contractor will need to address the existing AmClyde Load Monitoring System (LMS) to include the updates. The contractor will also be required to work with the crane manufacturer to confirm the upgrades are compatible with the crane’s safety and operating specifications.

It will be the contractor’s responsibility to remove and install the Auxiliary hoist motor and associated equipment.

The auxiliary hoist is located outside on the crane boom. The Auxiliary Hoist Motor will need a crane or approved hoisting method to remove and reinstall the new motor.

Once the repairs are complete, the contractor will be required to provide functional testing of the crane in accordance with the crane manufacturer’s guidance. The contractor will be required to provide a certification letter stating it meets AmClyde’s operating specifications. The contractor must also provide updated As-Built drawings and specifications of the upgraded equipment and systems.

The final installation schedule shall be coordinated with the government representative. The installation and operational testing shall be completed no later than 15-April-2017.

2. Auxiliary Hoist Replacement

The Auxiliary hoist motor has fallen outside normal operating pressures and is at the end of its useful life. The Contractor will be required to remove the existing auxiliary hoist and associated assemblies and shall supply and install a new auxiliary hoist hydraulic motor and associated assemblies. Government cranes will be unavailable to assist with the removal and installation of the auxiliary hoist. It will be the responsibility of the contractor to provide a crane service or approved lifting device capable to remove and install the auxiliary hoist.

A. Existing Auxiliary Hoist System

The existing auxiliary hoist is powered by a one speed hydraulic Gearmatic Winch GH30-44090-13 Motor.

The crane operator operates the hoist from the crane cab with an air actuated system connected to an air cylinder, control valve, and hydraulic circuit pump located in the crane machinery cab. The Auxiliary Hoist is located at the base of the crane boom and contains various hydraulic, electrical, and air lines spanning from the crane operator’s cab, crane machinery house, and crane boom. The system is connected into the crane’s Load Monitoring System (LMS) to allow the operator to see the weight of a pick. The contractor will be required to remove the auxiliary hoist and associated system and dispose of components which cannot be reused. See Figure 1 Auxiliary Hoist Drawings and Figure 2 Auxiliary Hoist Pictures.

1. Existing Equipment Specifications

-Auxiliary Hoist Motor

Gearmatic Winch Model: GH30-44090-13 Single Speed without freefall 44:1 ratio, Drum DIA 12”, Drum length 10”, Flange DIA 22” 1-1/2” Code 61 Flanged Main Ports ¾” NPTF Vent Port

-Control Valve

Parker Control Valve Model #: D9L002C2V91 350 bar Max P, A, B, T 140 bar max X, Y

-Auxiliary hoist circuit hydraulic Pump

Concentric F30 Ferra Series Hydraulic Pump Model: F3030W-4F28C28C-12G10L Technical Specifications:

Model: F30 Pump Size: 30

B. New Auxiliary Hoist Motor System

The contractor shall supply and install a new auxiliary hoist motor and assembly along with all associated lines (hydraulic, electrical, air), components, parts, and LMS system updates to ensure the Auxiliary Hoist is fully functional upon completion. The contractor may elect to reuse the existing hoist drum but may replace it if a new hoist motor does not adapt to it. The new auxiliary hoist assembly must meet or exceed the performance criteria found in section 2.C. Titled Minimum Performance Criteria as shown below.

The contractor must also install a new electronic actuated proportional control valve capable of providing finite control of the Auxiliary Hoist which will allow the operator to control speed of the winch. The installation shall also include a new joy stick electronic control to be located in the crane operator’s cab where the existing joy stick is located. Depending on the new motor utilized, the contractor may also need to update the associated circuit pump required to accommodate the new motor. The contractor will have to make this determination based on the proposed equipment and existing system pressures.

The contractor must prevent damage to personnel and surrounding equipment during the removal and installation process. If surrounding equipment is damaged the contractor must repair the items at their own expense. The contractor will be responsible to install the motor with their own crew. Once the new motor is in place and functional the contractor shall proceed with testing the motor and crane functionality in accordance with the procedures listed under 4.A.14 Operational Testing.

It will be the responsibility of the contractor to ensure all new equipment is compatible with the manufacture’s specifications. The contractor must also ensure the hoist and valves can be connected to the existing LMS system and perform as intended. At the conclusion of the work, the contractor must have the Auxiliary hoist inspected and approved by a competent technician, with 7 years’ experience on Am Clyde Cranes. The contractor must provide a document stating it is approved.

C. Minimum Criteria

1. Lifting Capability- The new auxiliary hoist must meet the current rated lifting capacity of 10,000lbs with a 12,500lbs requirement for Amclyde testing procedures.

2. The motor SHALL NOT have a free fall function.

3. The new auxiliary hoist must be mounted and function in the current exterior location and be able to withstand the marine weather elements in Duluth, MN.

4. The contractor shall ensure the winch is capable of operating with 285’ of EIPS IWRC 6X25 3/4” wire rope that the government will supply.

5. The new Auxiliary hoist must be compatible with the existing LMS system.

6. Winch Speed must have an operating range from 0-10 feet per min (fpm) to 250fpm. For a variance in winch speed, the contractor must submit documentation on new speed in there contract bid documents.

This variance in speed shall be approved by the Contracting Officer.

3. Additional Requirements

A. Submittals

1. Proposed Equipment

Prior to ordering equipment, the contractor must furnish a submittal for the proposed Auxiliary Hoist System describing the new equipment, system upgrades, and components intended to be utilized to meet the contract requirements. The submittal must also include a work plan and schedule with proposed equipment lead times. The submittal must contain documentation from competent technician, with 7 years' experience on Am Clyde cranes stating the proposed equipment will meet the crane system requirements.

The government will review the submittal and either accept or deny the proposed equipment within 14 days from the receipt of the submittal. If accepted the contractor can proceed with ordering the equipment. If denied the contractor will have to resubmit again until it is accepted. Acceptance does not hold the government responsible for systems not meeting the operational testing and manufactures design requirements. Government review is necessary to ensure the contractor has met the minimum requirements of the specified information.

2. As-Built Drawings and Specifications

The contractor shall supply As-Built drawings and updated equipment technical data to be added to existing AmClyde Crane Operations and Maintenance Manuals. These must include all changes or updates to the crane’s systems. The contractor must furnish an electronic copy along with three hard copies. The contractor must also supply a detailed parts list for all motors and components.

3. Operational Testing Certification

The contractor must furnish a document from the AmClyde Crane inspector stating the crane met the AmClyde testing procedures and designed crane functions for the auxiliary hoist systems.

4. New Equipment

A. Equipment Identification: Contractor shall attach metal tags to identify the model number and associated details for new motors, pumps, & control valves.

B. The motor ports and connections shall be plugged, capped or blanked during shipment and during the pump refit installation stage.

C. Provide appropriate hydraulic oil per AmClyde and the manufactures recommendations to replace oil removed during the equipment removal and installation process. This will include filling new equipment and lines to the designated operating oil level. Inspect hydraulic system loop, if necessary replace and install a new hydraulic oil filter and housing if identified to be faulty.

5. Work Location

A. The equipment will be located at the USACE Duluth Vessel Yard.

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

B. The government Point of Contact for questions regarding the facility is:

Daniel Carlson Chief of Operations and Maintenance 218-788-6413

6. Equipment Removal & installation

A. The contractor shall provide the crane support and or scaffolding require to remove and install new equipment and assemblies. In addition the contractor shall provide oversight, labor, and crane support during the reeving of the new wire rope replacement.

B. The contractor shall ensure that the motors and components are handled with appropriate lifting devices during all handling phases. The contractor shall affix to the motor, a nomenclature tag and follow all manufacturers’ installation and testing procedures. The contractor shall verify the motors are received per the manufactures specifications prior to lifting and mounting the hydraulic motors.

C. The contractor shall have a certified technician and mechanics to install the hydraulic motor to the crane boom. The Technician shall install the motor, linkages, hoses and all associate connections and verify the motor operational parameters and functionality of the motor and connected systems are per the manufacturer specifications.

7. Mounting

A. The contractor will be responsible for fabricating all new motor mounting plates and supply all necessary components for the motor installation. This includes associated clamps and companion brackets as necessary for the system.

B. The motor shall be mounted on a surface that will not flex when the hoist is in use, since this could bind the working parts of the hoist. Also, be sure the hoist is mounted on a flat surface. If necessary, use stainless steel shim stock to insure proper mounting. The mounting surface must be flat within 0.020 inches (.5 mm).-Use weather resistant A325 fasteners or equivalent for the securing of the motor to the boom and base plate.

8. Hoses and Fitting

A. All hydraulic lines and components that operate the hoist and connected systems should be of appropriate size to assure minimum back pressure at the hoist motor ports. There shall be a 100% cleanliness of parts and work area to prevent the contamination of the hydraulic system and newly installed motors and assemblies.

B. The contractor will be responsible to refit motors and systems with new hydraulic fittings, air fittings and electrical connectors. Standard Pipe fittings shall not be used.

C. The contractor shall replace all hydraulic hoses, flange components, associated hydraulic fittings, fasteners, chaffing, valves and required components associated with the hydraulic motor systems.

D. As necessary, install thru-bulk head fittings where hoses penetrate the machinery house structure or deck.

E. Install magnetic drain plugs on motor gear case drain reservoir if applicable.

F. Supply and replace all gaskets and o-rings for all mounting surfaces where pumps attach to the hydraulic pumps, hoses, adapters, test port fittings for motor systems and assemblies.

9. Paint

A. Contractor shall paint/prime all steel surfaces and motor, prior to leaving the contractors facility and at the completion of the contract.

B. Motor and Assemblies Paint: Sherwin-Williams: Fluoropolymer urethane coatings (FluoroKem HS).

Primer - Macropoxy 646, Colors, Black for Auxiliary Hoist Motor.

C. Exterior Pipe Hydraulic Lines and Flanges: Contractor shall remove rust, scale, and prime-paint all exterior steel supply lines and flanges that are outside of the crane machinery space and to locations where all piping passes through the deck and bulkheads.

10. Reference Publications

A. In addition to the figures and drawings provided, the technical publication listed below are available onsite.

It is the contractors responsibly to identify any additional publications needed to complete the contract requirements.

-Am Clyde parts and technical manual, Volumes - I, II and III.

-Am Clyde crane test procedures: DWG. NO 1550521 -Funk Drive transmission assembly and parts manual.

11. Safety Requirements

A. Contractor shall adhere to the EM 385-1-1, Safety and Health Requirements Manual during all phases of the contract.

12. Operational Testing

A. Once the auxiliary hoist system is fully functional, tested, and verified, the contractor shall notify the government that they are ready for operational testing. At that time the government will supply a crane operator and signalman required to operate the crane for operational testing. It will be the contractor’s responsibility to direct the crane operator’s movements during the initial use and testing to ensure no damage is done to the new equipment.

B. The contractor shall then test the motor functionality and lifting capability in accordance with AmClyde’s applicable testing procedures. The technician shall verify the motor for operational integrity, motor arrangement, control valve settings, air system settings, and any additional operational settings to ensure the motor is operating per the OEM motor parameters and AmClyde design lifting capacity and design tolerances.

C. The testing will have to be verified by a crane inspector certified in inspecting AmClyde cranes. The contractor must furnish a document from the inspector stating it met the testing procedures and design specifications.

*The boom hoist testing must be completed first to ensure a proper test can be done on the auxiliary hoist.

D. The contractor shall coordinate with the American Bureau of Shipping (ABS) and receive a letter of approval for the Auxiliary Pump Replacement. This should include ABS being onsite during the operational testing of the Auxiliary Hoist.

13. Security Requirements

A. All personnel 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 Contracting Officer Representative (COR)).

B. Security Access List - The contractor shall be required to maintain a list of personnel needing access to the site. The list shall be updated each time a change is made.

C. Pre-screening of contractor candidates via E-verify Program: The Contractor must pre‐screen candidates using the E‐verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that all contractors working on the site have two valid forms of Government issued identification prior to entering the information in E-Verify and the E-Verify check must be associated with this Contract. The use of previous E-Verify sheets for prior contracts is not authorized. The vendor must ensure the correct information is entered into the E‐verify system. A verification sheet for each verified/eligible contractor candidate must be provided to the COR no later than 3 business days after the initial contract award. (The purpose of using E-Verify is to ensure all contractors are U.S. citizens or documented foreign citizens with authority to work in the United States of America).

The COR will forward the verification sheets to the USACE, Detroit District Security Office for validation.

Contractors who do not have an E-Verify sheet submitted will not be allowed onto the worksite.

D. Clearance of Personnel: All Contractor and Sub-Contractor employees are required to have a NCIC check prior to their being able to enter the work site. The Contractor will be responsible for working with the Contracting Officer Representative (COR) to provide the information for a NCIC check. The preferred method is a NCIC check. The contractor must provide the following information for every contractor entering the work site:

1. Name: (Last, First MI (Jr./Sr.)

2. Business Name

3. Driver's License Number

4. State of Issue

5. Expiration Date of Driver’s License

6. Date of Birth

7. Citizenship, i.e. U.S., Canadian, Mexican, etc.

E. Should any contractor’s NCIC check come back negative, that particular contractor will not be permitted to come onto the work site. It is the contractor’s responsibility to replace any workers not permitted on the worksite. Exclusion or expulsion of an employee resulting from a negative NCIC report shall not be subject to the disputes clause and shall not result in an increase in the contract amount.

F. Security Checks ‐ All contract employees must carry pictured identification at all times. They must show I.D. upon request by both Security and Government personnel.

G. Exclusion or Expulsion from the Site ‐ Any failure to observe the security rules may result in the potential exclusion or expulsion of a Contractor employees from the site as determined by the Detroit District, Chief, Security & Law Enforcement. Exclusion or expulsion of an employee resulting from the failure of an employee to observe the security rules shall not be subject to the disputes clause and shall not result in an increase in the contract amount.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Auxiliary Hoist Assembly

FFP

Derrick Barge HJ Schwartz FOB: Destination

PURCHASE REQUEST NUMBER: W56MES73555447

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-MAR-2018 TO

30-MAR-2018

N/A DULUTH AREA OFFICE

600 LAKE AVENUE SOUTH

DULUTH MN 55802

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

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

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

OCT 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-41 Service Contract Labor Standards MAY 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2017)

DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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) Unique entity identifier. (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 ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(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.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(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.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(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, 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.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(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;

(C) Affected line item or subline item, if applicable; and

(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 be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique…