Combined-Synopsis-Solicitation-RFQ-W9126G17Q0018.pdf

Combined Synopsis/Solicitation RFQ No. W9126G17Q0018

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This is a 100% SMALL BUSINESS SET-ASIDE solicitation issued by the U.S. Army Corps of Engineers, Fort Worth District (SWF), 2000 Fort Point Road, Galveston, Texas 77553

The North American Industry Classification System (NAICS) code for this project is 332313, Plate Work Manufacturing; small business size standard is 750 employees.

DESCRIPTION OF REQUIREMENTS: The Contractor shall furnish all labor, transportation, equipment, materials, and any other items and services necessary to deliver the new products as follows in accordance with the product description. Manufacturer shown or equal.

(1) Base – 25 Mooring Buoys

(2) Option No. 1 – 5 Additional Mooring Buoys

(3) Option No. 2 – 5 Additional Mooring Buoys

(4) Option No. 3 – 5 Additional Mooring Buoys

(5) Option No. 4 – 5 Additional Mooring Buoys

(6) Option No. 5 – 5 Additional Mooring Buoys

Attachments are as follows:

Attachment 1 – Section B – Supplies or Services and Prices. Note: You may use your own commercial quotation form or the attached Bid Schedule to submit your quotation.

Attachment 2 – Section C – Description and Specifications

Attachment 3 – Clauses Sections E-M

DELIVERY – FOB Destination – See Attachment 2 for addresses.

DESIRED DELIVERY TIME: See Attachment 2.

THE DATE, TIME AND PLACE QUOTES ARE DUE: ELECTRONIC MAIL

QUOTATIONS ARE ACCEPTABLE. Signed and dated quotations are due by 27 September 2017 @ 2:00 p.m. (CST). Email to: Lucille Smith, Contract Specialist, Office # (409) 766-3845

- lucille.r.smith@usace.army.mil and Maria Rodriguez, Contracting Officer, Office # (409) 766- 6331 - maria.e.rodriguez@usace.army.mil .

Any prospective bidder interested in quoting on this solicitation must register in the Federal Business Opportunities website (www.fbo.gov ) in order to download this request for quotation.

If you are not registered, the United States government is not responsible for providing you with notifications of any changes to this solicitation. Failure to obtain any said information and to

Combined Synopsis/Solicitation RFQ No. W9126G17Q0018 respond to them prior to the date and time set for receipt of quote may render your proposal nonresponsive and result in the rejection of the same.

Offerors must be registered with the Systems for Award Management (SAM), in order to receive a Government contract award. To register, the SAM Internet address is: https://www.sam.gov .

TECHNICAL QUESTIONS:

Prospective Offerors should submit technical questions concerning this solicitation via email to Lucille Smith, Contract Specialist - lucille.r.smith@usace.army.mil and Maria Rodriguez, Contracting Officer – maria.e.rodriguez@usace.army.mil .

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 25 Each

Funded Amt:

Base Mooring Buoys - In accordance with Section C, Product Description.

NAICS CD: 332313

, FSC CD: 2050

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 5 Each

OPTION Funded Amt:

Option No. 1 Mooring Buoys - In accordance with Section C, Product Description.

NAICS CD: 332313

, FSC CD: 2050

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 5 Each

OPTION Funded Amt:

Option No. 2 Mooring Buoys - In accordance with Section C, Product Description.

NAICS CD: 332313

, FSC CD: 2050

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 5 Each

OPTION Funded Amt:

Option No. 3 Mooring Buoys - In accordance with Section C, Product Description.

NAICS CD: 332313

, FSC CD: 2050

RFQ W9126G17Q0018

Section B Page 1 of 2

Attachment 1

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0005 5 Each

OPTION Funded Amt:

Option No. 4 Mooring Buoys - In accordance with Section C, Product Description.

NAICS CD: 332313

, FSC CD: 2050

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0006 5 Each

OPTION Funded Amt:

Option No. 5 Mooring Buoys - In accordance with Section C, Product Description.

NAICS CD: 332313

, FSC CD: 2050

RFQ W9126G17Q0018

Section B Page 2 of 2

Product Description For Procurement, Delivery and Offloading Mooring Buoys at

Brazos River Flood Gates, Freeport, Texas Contractor shall furnish all necessary supervision, labor, material, equipment and accessories to deliver and offload commercial "off-the-shelf' or newly constructed mooring buoys, ready for installation at the Brazos River Flood Gates (BRFG) located at 4335 East Flood Gate Road, Freeport, Texas 77541. The work includes offloading mooring buoys from the carrier and placing in the designated area of the buoy yard at BRFG.

The following statement of work is for the purpose of general information and is not intended to include and describe every feature or item of work. It is expected the contractor will visit the site and thoroughly familiarize himself with the project.

PRODUCT DESCRIPTION : Provide delivery of commercial "off-the-shelf' or newly constructed mooring buoys to Brazos River Flood Gates, 4335 East Flood Gate Road, Freeport, Texas 77541; Attention: Robert Page. This work includes the following:

• The mooring buoys shall be adequate to moor barges and transport vessels at the Brazos River Flood Gates east and west mooring basins.

• Buoys shall be compatible with the mooring device and shall have the following minimum dimensions: 10-feet in diameter, +6 inches, -0; 5-feet tall buoy hull, +6 inches, -0; height, exclusive of mooring device. Buoys shall be equivalent to Ocean Guard Mooring Buoy, MB-90. A photograph is provided for informational purposes only.

• Provide calculations including buoy's buoyancy, center of gravity, metacenter, and mooring tee weight.

• Provide shop drawings showing general arrangement of the buoy. The drawings should be detailed enough to describe internal construction, dimensions, welding details, materials list (quantity required, description, material, weight, etc.), skin types and coating information. Provide the weight of the complete buoy for reference only.

• Mooring device and chain loads shall be transmitted axially through the center of the buoy.

The pull-through working load applies to the entire tension system including the mooring device. See attached reference drawing of the mooring device. Pad eye at bottom of buoy shall be recessed within the buoy hull.

• If the selected buoy contains an inner core of foam the material shall consist of a closed-cell rigid urethane. The foam shall have bulk compressive strength high enough to withstand the hydrostatic pressures experienced at the depth specified without collapse or flooding.

Section C - Descriptions and Specifications

RFQ W9126G17Q0018

SECTION C - 1 OF 6

Attachment 2

• The buoy shall be capable of submergence to the safe working depth without sustaining permanent damage or deformation including collapse or flooding. The internal buoyancy distribution configuration shall withstand the buoyancy loads developed when the buoy is completely submerged. The buoy shall float upright without list when ten feet of chain is attached to the padeye. Weight of ten feet (10') of 2-1/2" anchor chain is approximately 590 lbs.

• Buoyancy characteristics:

o Static buoy height above water:

Without chain and mooring device: 3 ft to 4 ft Safe working depth: 6 ft to 10 ft o Pull-Through Working Load: 250,000 lbs.

o Central core shall consist of a heavy duty load-distribution construction.

The inner closed-cell rigid urethane buoyancy foam shall be US Coast Guard approved. Core foam shall be impact absorbing, resilient polyethylene foam or equal. Urethane skin shall be nylon tire-cord reinforced and further described below.

SKIN CONSTRUCTION -

Must be a minimum of ¾-inch thick.

BUOY SKIN: The buoy skin shall be constructed of elastomer and filament reinforcing as specified. Separate filament reinforcing wraps shall be applied as specified under Filament Wrap. The filament wraps shall be evenly distributed in the inner 80% to 90% of the coasting thickness. The outer 10% to 20% of elastomer shall have no filament reinforcement. The elastomer and filaments shall be applied in a continuous manner to assure adhesion between the various layers. There shall be a least one wrap for every 0.116 in (2.9 mm) of skin thickness (rounded to the nearest complete wrap). The buoy skin shall extend along the entire longitudinal length of the buoy, over the ends of resilient foam layer, and onto the steel portion of the internal core. The buoy skin shall be bonded securely to the steel of the internal core. The buoy skin shall be repairable if minor damage occurs.

Outer layers of buoy skin shall be a marine grade aliphatic urethane to minimize color fading and urethane skin degradation and decomposition from UV exposure.

SKIN FILAMENT REINFORCEMENT:

o FILAMENT WRAP: Construct each filament-reinforcing wrap of continuous filaments applied in a helical pattern, at a helix angle of 45° to 60° to the

SECTION C - 2 OF 6

helixes of equal but opposing helix angles. The spacing between the filaments in the same helix shall be no more than 0.125 in (3.2 mm), measured in a direction parallel to the longitudinal axis of the buoy. Each wrap shall extend along the entire longitudinal axis of the buoy and shall also encircle and encase the buoy, for the purpose of distributing impact loads over the surface and conducting the forces of impact loads to the central strength member.

o FILAMENT REINFORCEMENT: The reinforcing filaments in the outer skin shall be nylon tire cord of 2,520-denier (0.280 g/m) weight with the following properties:

Breaking Strength: 52 lbs. (231 N) Elongation (Ultimate): 18%

REINFORCED SKIN PROPERTIES: The reinforced skin, when constructed in accordance with this specification, shall exhibit the following properties when tested in accordance with the guidelines below:

Tensile Strength (ASTM D 2240): When a full-thickness specimen of the skin is tested in tension, with the longitudinal direction of pull aligned with the filament direction (in one helix direction), the specimen shall have the following breaking strength:

5,600-psi

Elongation (Ultimate, ASTM D 412): In the test for Tensile Strength, the specimen shall have the following Ultimate elongation at break:

18%

Tear Strength: When a full-thickness specimen of the skin is tested in tear, with the specimen Shaped like Die C in ASTM D-624, and with the direction of pull aligned with the filament Direction (in one helix direction), the specimen shall have the following tear strength:

565 lbs.ft/in

SKIN ELASTOMER

o Elastomer: The elastomer used in the fender skin shall be solvent free polytetramethylene ether glycol (PTMEG) , based urethane elastomer, with the following unreinforced properties:

Shore A. Hardness - (ASTM D-2240): 83

Tensile Strength - (ASTM D-412): 2,600 psi longitudinal axis of the fender. A wrap shall consist of two such filament

SECTION C - 3 OF 6

Elongation (Ultimate) - (ASTM 0-412): 375 %

Tear Strength (ASTM 0-624): 230 lbs./in minimum

Flex Life (Ross) (ASTM 0-1052): 243,000 cycles

Abrasion Resistance (NBS) (ASTM 0-1630): 116 minimum

RIGID FOAM CORE: The rigid urethane foam core shall be closed cell US Coast Guard approved urethane foam for buoyancy. The foam shall be molded and bonded directly onto the internal steel structure. The rigid urethane foam core shall be of a homogeneous mix, streaks or wet spots are not acceptable.

Density: 4.0 lbs. /ft.

Compression Strength (ASTM D 1621)

Parallel to Rise: 110 psi

Perpendicular to Rise: 90 psi

Compression Deflection @ yield

Perpendicular to Foam Rise: 115 psi

Parallel to Foam Rise: 94 psi

RESILIENT FOAM CORE: The energy absorbing foam core shall be a resilient closed-cell, cross- linked polyethylene foam, 5-1/2" thick minimum with the following properties. The foam core construction shall utilize only a heat-laminated process, and yield a single solid foam core. Use of chipped or granulated particulate foam is not acceptable. The tests, which are shown below, all form a part of ASTM-D-3575.

Density: 4.0 lbs./ft3

·Elongation: 140% min

Tensile Strength: 70 psi

STEEL CORE FABRICATION to be produced in the United States o A 3-part Marine Grade Epoxy system shall be applied per manufacturer 's recommendations to protect the steel core.

o Steel preparation prior to coating per SSPC -10 or NACE#2

The color of the buoy shall conform to Feed Std. 595, and shall be

SECTION C - 4 OF 6

White, No. 27875 with a Blue, No. 15182 horizontal stripe, made by pigment addition using ultraviolet inhibitors. The blue stripe shall be 6-inches wide and shall be located approximately half-way between the waterline and top of the buoy. Each buoy shall be marked with a number so as to be individually identified. The number will be black in color, in one (1) location approximately 10-inches high and located midway in the white area above the blue stripe. Buoys shall be numbered consecutively beginning with "301".

Offloading Requirements: Provide an operator and equipment to offload mooring buoys from the carrier for each delivery of mooring buoys at Brazos River Flood Gates, 4335 East Flood Gate Road, Freeport, Texas 77542; Attention: Robert Page. This work includes the following:

• The selected equipment shall be capable of safely lifting a minimum of 10 tons from a tractor-trailer assembly, "18-wheeler". Equipment and operator shall be in accordance with the Safety and Health Requirements Manual, EM 385-1-1, with special emphasis on Section 16, Cranes and Hoisting Equipment and Subsection 16.S, Hydraulic Excavators, Wheel/Track/Backhoe Loaders Used to Transport or Hoist Loads with Rigging.

• The equipment shall be compatible for lifting mooring buoys that have the described dimensions and characteristics in the above Product Description.

• The tractor-trailer assembly, "18-wheeler", will transport a total of five

(5) mooring buoys to the Brazos River Flood Gates during each delivery.

Delivery: All Base award quantities (CLIN 0001) shall be delivered per the delivery schedule in Section F-Deliveries or Performance, unless an alternate delivery schedule is approved. The options shall be delivered at 5 each within 120 calendar days after award of the option(s) and 5 each every 14 days thereafter, until completion, unless an alternate schedule is agreed to by the parties. Early delivery of base and exercised options is authorized at no additional cost to the government.

SECTION C - 5 OF 6

Photograph of existing buoy for informational purposes only.

SECTION C - 6 OF 6

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

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

52.246-16 Responsibility For Supplies APR 1984

Attachment 3

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ADC 25 BRAZOS RIVER FLOODGATES

BOB PAGE

4335 E. FLOODGATE ROAD

FREEPORT TX 77541

979-233-3146 / 979-482-7320

FOB: Destination

967414

0002 120 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

FOB: Destination

967414

0003 120 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

FOB: Destination

967414

0004 120 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

FOB: Destination

967414

0005 120 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

FOB: Destination

967414

0006 120 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

FOB: Destination

967414

52.211-17 Delivery of Excess Quantities SEP 1989

52.242-15 Stop-Work Order AUG 1989

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

Section G - Contract Administration Data

INVOICING INSTRUCTIONS

Invoicing Instructions:

Invoices shall be prepared and submitted in triplicate unless otherwise specified.

Invoice shall contain the following information: contract number, purchase order number, item number, contract description of items, quantities, unit prices, extended totals. An Invoice shall be submitted for all completed work.

Invoice shall be sent to:

USACE FINANCE CENTER

ATTN: CEFC- AO-OP

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5000

One copy of the invoice shall be sent to:

USAED, GALVESTONN,

ATTN: Mr. Eric Russek

P. O. BOX 1229

GALVESTON, TX 77553-1229

Email: eric.g.russek@usace.army.mil Office No. 409-766-3007

252.201-7000 Contracting Officer's Representative DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012

Reports mailto:eric.g.russek@usace.army.mil

Section H - Special Contract Requirements

SECURITY REQUREIMENT

Security Statement For Contracts (AUG 2008)

To be eligible to perform under this service or construction contract, the contract employee must meet the requirements listed below, to the satisfaction of the Contracting Officer.

a. Local Files Check – The contractor shall submit a Felony Criminal Records (History) Statement from the County Clerk's office for each contract employee scheduled to work under this contract. Depending on the counties involved, the contract company may determine whether to use the county clerk, district clerk, etc., to obtain the Felony check. The statement with the County Clerk's official seal will be provided to the SWG security personnel prior to accessing the facility.

b. If the contractor will work for less than six months and does not require computer access, only a Felony Criminal Records (History) Statement is required.

c. Contractor Verification System (CVS) – All contractors that will work six months or longer and/or desire computer access are required to have a Background Investigation (BI) and have a file established in the CVS database. The Contracting Officer Representative (COR) or designated sponsor will input the necessary personnel data on all contractors requiring network access. The BI for contract employees are required before they can be granted access to the Galveston District information network (AR 25-2, Information Assurance) or be issued an

Installation ID/Access card. The Galveston District Security Office will process the investigation information (SF

85P – Questionnaire for Non-Sensitive Positions, OF 306 – Declaration for Federal Employment and two FD 258 –

Fingerprint Cards) for all contract employees working at all Galveston District facilities. All forms required by the contractor are processed through the COR who has primary oversight responsibility for that contract.

d. Once the BI information is processed by the District Security Office, a National Agency Check with

Inquiries (NACI) will be processed by the Office of Personnel Management (OPM), on the contractor. If s Secret

Security Clearance is required, this process will remain the same. The COR or designated sponsor will direct any necessary internal coordination with SWG Resource Management to access the proper forms or information.

Section I - Contract Clauses

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 1995

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement APR 2014

To Inform Employees of Whistleblower Rights

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreeements or Statements

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

Content Paper

JAN 2017

MAY 2011

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

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

OCT 2015

JUL 2013

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

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 JAN 2017

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

52.222-37 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

52.223-10 Waste Reduction Program MAY 2011

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-19 Compliance with Environmental Management Systems MAY 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-23 Assignment Of Claims MAY 2014

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

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

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

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.242-17 Government Delay Of Work APR 1984

52.246-1 Contractor Inspection Requirements APR 1984

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

252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016

Controls

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 MAY 2016

Support

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By OCT 2015

The Government of a Country that is a State Sponsor of

Terrorism

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.215-7008 Only One Offer OCT 2013

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

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

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

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

252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

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

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

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

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

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

(b)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 22-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 22-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 22-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at

$500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal

Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

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

(End of Clause)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within (ANY TIME PRIOR TO COMPLETION OF THE CONTRACT). Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

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

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

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

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

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

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

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

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

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 332313- assigned to contract number W9126G-TBD.

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

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

http://www.sba.gov/content/table-small-business-size-standards

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

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

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

22.1301.

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

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

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

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

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

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

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

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

(a) Definitions. As used in this provision—

“System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and

Contractor and Government Entity (CAGE) code into the SAM database; and

(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number

(TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the

Government as part of the SAM registration process; and

(4) The Government has marked the record “Active.”

(b) (1) 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, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting

Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and

Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) 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.

http://fedgov.dnb.com/webform

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering.

Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200

(ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical

Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

http://www.aimglobal.org/?Reg_Authority15459

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. Item description

0001 – Mooring Buoys

0002 – Mooring Buoys

0003 – Mooring Buoys

0004 – Mooring Buoys

0005 – Mooring Buoys

0006 – Mooring Buoys

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No. Item description

(If items are identified in the Schedule, insert ``See Schedule'' in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the

Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with

ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data

Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC…