B3_Revised_Combined_Synopsis_Solicitation_-_26_Jan_2018_Rev_2.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation Number W9126G18T0020 is being issued as a request for quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88, effective 15 June 2016.

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

The North American Industry Classification System (NAICS) code for this project is 336611, ship repair services; small business size standard is 1,250 employees.

DESCRIPTION OF REQUIREMENTS: The Contractor shall furnish all labor, transportation, equipment, materials, and any other items and services necessary to deliver the marine salvaging services as described in this combined/synopsis solicitation.

See the following below:

Bid Schedule (Optional) Note: You may use your own commercial quotation form or the attached Bid Schedule to submit your quotation.

Performance Work Statement. Repairs to the Launch Tanner II, Floating Plant.

Item No. QTY UNIT UNIT PRICE EXTENDED PRICE

0001 1 JOB $_______________ $________________

Clauses and Provisions

DELIVERY – FOB Destination

US Army Corps of Engineers ATTN:

Dennis Lanigan 2000 Fort Point Road Galveston, Texas 77550-1229

DESIRED DELIVERY TIME: 45 calendar days after award of the purchase order.

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

QUOTATIONS ARE ACCEPTABLE. Signed and dated quotation is due by 2 FEB 2018 @ 2:00 p.m. to email traci.d.robicheaux@usace.army.mil.

Offerors must also 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

Request for Quote-W9126G18T0020-Rev 2 Page 1 of 58 mailto:traci.d.robicheaux@usace.army.mil

GENERAL REQUIREMENTS

1.1 TECHNICAL INFORMATION (FAR 14.211)

For technical information regarding the performance work statement (PWS) submit questions in PROJNET, see paragraph 1.4 of this section for details.

1.2 OFFEROR’S QUALIFICATIONS (FAR 9.105-1)

Before a quote is considered for award, the offeror may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.3 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC QUOTE SUBMISSION: (FAR 14.302 & 14.304)

Quotes must be delivered via the AMRDEC website, not later than the due date and time indicated on this amendment. No hand carried quotes or amendments to quotes will be accepted.

SENDING FILES:

The AMRDEC SAFE application can be accessed via https://safe.amrdec.army.mil/safe .

• Proceed as Guest - Select this option if you do not have a CAC.

After selecting one of the options above, the page will be redirected to the package upload form. Fill in all the required input fields:

• Your Name - Your name;

• Your Email address - Your email address;

• Confirm Your Email Address - Re-enter your email address;

• Description of File(s) - Enter a description for the package; including solicitation number and quote opening date/time.

• File(s) - Click the "Browse" button to select your file(s). You may add up to 25 files per package, so long as the total file size does not exceed 2GB;

• Deletion Date - Select a date for the package to be deleted from SAFE. The maximum (which is also the default) is two weeks (14 days) from today;

• Provide an email address to give access to - Enter ALL of the following email addresses here and click "Add"”

• curtis.cole@usace.army.mil

• traci.d.robicheaux@usace.army.mil

• Grant access to these people - This is the list of people you have granted access to the package. To remove a recipient, highlight their name and click the "Remove" button;

• Caveats - Default is "None";

• Encrypt email message when possible - Attempt to encrypt the package's notification email to each recipient;

• Notify me when files are downloaded - You (the sender) will receive a notification via email when a recipient downloads the package;

Request for Quote-W9126G18T0020-Rev 2 Page 2 of 58 https://safe.amrdec.army.mil/safe mailto:curtis.cole@usace.army.mil mailto:traci.d.robicheaux@usace.army.mil

• Require CAC for pickup – Require the recipient to be logged in with a valid US DoD-issued CAC to download the file(s). Recipients without a CAC will not be able to download the package.

Clicking the "Submit" button will upload the files and submit the package. Guest users will need to check their email to verify their email address before the recipients will be notified.

1.4 BIDDER INQUIRY – PROJNET (FAR 14.211)

1. Prospective Offerors should submit questions concerning this solicitation via Bidder Inquiry in ProjNet at www.projnet.org/projnet .

A. To submit and review bidder inquiry items, the offeror will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the QUOTE tab. Select Bidder Inquiry, select agency USACE, and enter the Bidders Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry. Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W9126G18T0020

The Bidder Inquiry Key is: 9K4E7B-Q5QNYP

2. The Bidder Inquiry System will be unavailable for new inquires three (3) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the PWS in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

5. Offers will be publicly opened at the date/time stated in the solicitation.

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PERFORMANCE WORK STATEMENT

FOR

REPAIRS TO THE LAUNCH TANNER II

SECTION I - DESCRIPTION AND CONDUCT OF WORK

1. SCOPE OF WORK. The contractor shall furnish all labor, materials, equipment, except Government-furnished equipment, (see paragraph 12), supplies, facilities, to perform the work described herein for repairing the LAUNCH TANNER II in strict accordance with these specifications.

2. QUANTITIES.

2.1 When any item of work hereinafter described specifies an estimated quantity of work to be done, it is contemplated that such quantity will be required; however, the government reserves the right to increase or decrease the amount of work in accordance with the provisions set forth in this Performance Work Statement (PWS) per a modification in accordance with the Changes FAR 52.212-1 provision of this purchase order. .

2.2 Quantities of work indicated for performance are not in all cases exact, being in such cases estimates only and intended to indicate the approximate quantities. Such work will be pointed out and definitely designated as to location and amount by the Contracting Officer's Representative (COR) and will be done on a unit price basis. The contractor will be required to complete the work at the unit price or prices stated in the job order Bid Schedule, whether it involves quantities greater or less than those specified.

2.3. The variation in estimated quantities shall apply as specified below. A variation in the quantity of any item called for by this contract will not be accepted unless the change has been incorporated by a formal modification signed by the contracting officer.

The permissible variation shall be limited to:

10% Percent increase [Contracting Officer insert percentage]

10% Percent decrease [Contracting Officer insert percentage]

This increase or decrease shall apply to (3).*

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* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

3. DEFINITIONS.

3.1 Whenever the term "plant" is used in these specifications, it shall mean items of Floating Plant named in paragraph 4 below together with its normal appurtenances, equipment, supplies, etc.

3.2 Whenever in the specifications or upon the drawings, the words directed, required, ordered, designated, or prescribed, or works of like import are used, it shall be understood that the direction, requirements, permission, order, designation or prescription of the Contracting Officer is intended and similarly, the words approved, acceptable, satisfactory, or words of like import shall mean approved by, or acceptable to, or satisfactory to the Contracting Officer;

unless otherwise expressly stated.

4. DIMENSIONS OF PLANT. The principal dimensions and physical data of the plant covered by these specifications are as follows:

Name Overall Beam Weight Construction

LAUNCH TANNER II 48'0 " 14’ 35,000 lbs. Aluminum

5. DELIVERIES AND RETURN OF PLANT.

5.1 Delivery. The Government will deliver the plant to the contractor at the contractor's yard at a mutually agreed upon time under the limit of 20 (Revised 26 Jan 2018) nautical miles from the Galveston district office, as soon as practicable after contract award.

5.2 Return. Upon completion of the work, the Government will accept return of the

Request for Quote-W9126G18T0020-Rev 2 Page 5 of 58 plant in open water, clear of the contractor's yard. The date and hour of return of the plant to the Government shall be considered as the time of completion of the work, subject to provisions of paragraph 6.

6. COMMENCEMENT, PROSECUTION, AND COMPLETION.

6.1 The contractor will be required to commence work under the purchase order within five (5) calendar day after delivery of the plant to him, to prosecute the work diligently and to complete it within sixty (60) days after the date of delivery, which time shall include performance of all optional items of work (as ordered); provided that, if the Contracting Officer orders any additional work to be done beyond that called for by these specifications and/or orders any work described and required in these specifications not to be done, appropriate changes in the time and/or price shall be made in supplemental modifications.

The time stated for completion includes final clean-up of the Plant. The time specified above is in workdays, which are Mondays through Fridays inclusive, Federal Holidays excluded.

6.2 The time of completion shall be computed as the hour at which the plant is accepted by the Contracting Officer or his authorized representative in open water clear of the contractor's yard, provided that, if all work is not satisfactorily completed when the plant is returned to the Contracting Officer, the contractor shall complete the work remaining to be done and any working time lost by the plant thereafter because of any activities of the contractor in completing the said work, shall be included in the computation of time of completion under the contract.

7. CURRENT LOCATION OF VESSEL: The LAUNCH TANNER II is moored in Galveston, Texas.

8. DRAWINGS. The Government has no drawing covering the work to be done. No drawings will be furnished to the contractor.

9. INSURANCE RESPONSIBILITY OR DAMAGE AND LOSSES.

9.1 Prior to the acceptance of the plant the contractor shall furnish to the Contracting Officer satisfactory evidence of insurance in accordance with the provisions of this specification.

9.2 The LAUNCH TANNER II is valued by the Federal Government at EIGHT HUNDRED

THOUSAND DOLLARS ($800,000.00).

10. PAYMENT. Payment will be made in accordance with the Prompt Payment Act after completion and acceptance of work.

11. RENDITION OF INVOICE OR VOUCHER.

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11.1 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.

11.2 Invoice or voucher shall be sent to:

USACE FINANCE CENTER ATTN: CEFC- AO-P

5722 INTEGRITY DRIVE MILLINGTON, TN 38054-

11.3 One copy of the invoice shall be sent to:

USAED, GALVESTON

ATTN: Mr. Dennis Lanigan

P. O. BOX 1229

GALVESTON, TX 77553-1229

Email: dennis.w.lanigan@usace.army.mil Office No. (409) 766-3875

12. GOVERNMENT-FURNISHED PROPERTY. The Government will furnish to the contractor as free issue the following property for use in performance of the work. Such property will be furnished with the vessel. All such property so furnished shall be installed an/or incorporated herein. Any excesses upon completion of the work will be returned to the Government under the same conditions as furnished.

Technical Spec. Quantity Item Condition

LAUNCH TANNER II 1 Survey Vessel Requires Repairs per PWS

13. SHIFTING, ALTERATIONS, ETC. Should the removal or shifting of any parts of the plant or its fittings, stores, fuel water, etc., be necessary for carrying out the repairs specified, the same shall be done by the Contractor and all such removals will be subsequently replaced and any damage or loss resulting from such removal or shifting or replacement shall be made good by the contractor at his expense. Should any portion of the plant's structure, housing, fixtures, or equipment require alterations in order to carry out the work, the contractor shall make such alteration at his expense.

14. MATERIALS, OPERATING CHARACTERISTICS, ETC. Where the materials, sizes, fit, operating characteristics or controls are not specified, they shall be approved by the Contracting Officer or his authorized representative.

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15. SCRAP. All scrap shall become the property of the contractor and shall be disposed of by him. Scrap does not include materials or equipment that can be reused.

16. INSPECTIONS AND ACCEPTANCE- FOB ORIGIN. The purchase order shall be subject to an inspection by the Contracting; Officer's Representative at any time during the work. Upon completion of all underwater work, the contractor shall notify the Contracting Officer Representative a minimum of twenty-four (24) hours prior to launching the vessel, so that the underwater hull work can be inspected. The contractor shall also notify the Contracting Officer's Representative a minimum of twenty-four (24) hours prior to final completion of all work on the vessel for final inspection. When all defects are noted in the course of final inspection are corrected to the satisfaction of the Contracting Officer's Representative and all requirements of the contract are complied with, the vessel will be formally accepted by the Contracting Officer Representative for and on the behalf of the Government and payment will be made.

17. SKILLED LABOR: The contractor shall furnish qualified skilled labor to perform miscellaneous work throughout the vessel. Work under this item is for work not covered under other items and which may be necessary. A certified Cummins Engine Technician must perform all engine and engine peripherals repairs. A qualified welder with a MIG or TIG welding machine and all necessary equipment shall be provided to conduct miscellaneous welding on the vessel as directed by the Contracting Officer’s Representative.

END OF SECTION I

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SECTION II – DESCRIPTION OF WORK

1. Replace all the gaskets in exhaust system:

Check both engine for exhaust leaks and return to original condition.

2. Clean both aftercoolers:

Used standard method to clean both main cooler to bring them back to original condition.

Repair or replace any items not functioning properly to bring systems back to original condition.

3. Clean starboard side emergency fuel shut off and pull lines.

Repair/Replace existing fuel shut off and pull lines. If possibly or replace with like new equipment as directed by the Contracting Officers’ Representative.

4. Replace Starboard Skeg:

Check each shaft for straightness and insure quality of work by using a prefabricated gig or guide from steel for use in the alignment process. Any gigs fabricated or made and charged to Government in the cost of work shall become the property of said Government after completion of the project.

5. Install exhaust shields:

A qualified welder with a MIG or TIG welding machine and all necessary equipment shall be provided to conduct miscellaneous welding on the vessel to repair dent on stern as directed by the Contracting Officer’s Representative.

6. Repair Starboard steering bracket (hairline fracture) and rebuild extra joy stick:

The contractor shall furnish all plant, labor and material to remove, rebuild, or replace, any part of the steering system from the wheel to the engine connection that is not functioning properly. In whatever manner is most preferred by the Contracting Officer's Representative.

Check and service as needed.

7. Port rudder is bent:

Repair damaged Port rudder to a like new condition. Remove old bearing and install new factory specification bearing and measure for trueness.

8. Replaced both seals on Freeman hatches:

The contractor shall provide all plant, labor, and materials to remove old seals and clean area thoroughly and replace Freeman hatches with new seals.

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9. MSDS is broke-replace unit with an offshore release unit :

Request a rebuild to an offshore release unit.The following components are part of the Marine Sanitation Device System. Holding tank, toilet including the base motor (Macerator), all hoses and clamps, Y-valve, check valves, hull fitting for holding tank vent hose and the 12v Electro Scan Marine Sanitation device including electrical components (stop and start switch). All MSDS components shall be inspected and replaced as necessary. Holding tank shall be leaked tested by either air or water. All hoses shall be inspected for leaks, splitting and cracking. All hose clamps shall be replaced with correct size clamps. Install Marine toilet and Macerator and inspect for leaks, in addition the positive and negative power leads shall be removed from the macerator terminals, both leads and terminal shall be cleaned. All valves shall be tested for proper function. Holding tank vent hose shall be tested to ensure there is no air blockage.

Overboard hull fitting shall be inspected for tightness and current condition. 12v Electro Scan Marine Sanitation device shall be tested for proper function. All electrical connections shall be cleaned.

10. Rudder angle indicators:

Install Marine gauges designed to measure the angle position of the vessel rudders. Dual gauge indicators give a visual display of rudder position to a gauge mounted in the boat dashboard.

The senders work by measuring the angle of the rudder or rudders and converting that to a level, where 180 ohms equals starboard, 95 ohms is the midpoint, and 10 ohms displays port on the rudder indicator. Gauges shall be mounted in whatever manner is most preferred by the Boat Capitan or Contracting Officer's Representative.

11. Service both Air conditioner units:

Clean each unit thoroughly. Once cleaned service with proper refrigerant. Replace A/C unit’s motor or belts if needed lubricate each unit thoroughly.

12. Clean all electrical wiring on service port bulkhead.

As soon as the boat is dry-docked, and removed for all power the entire port bulkhead shall be cleaned of all marine growth, loose paint, dirt and other foreign matter either by hand wiping, sweeping or using fiber brush, as required. A suitable approved electrical solvent to clean grease and oil may be used if necessary. The entire port bulkhead shall be finished using high-pressure fresh air to blow on bulkhead after cleaning.

13. Service and inspect all bilge pumps:

The contractor shall provide all plant, labor, and materials to check out operations and note any malfunctions and make repairs to the entire bilge system to insure proper and efficient operation both in automatic and manual modes.

The contractor shall provide all plant, labor, and materials to check out any malfunctions and make repairs to the entire bilge system to insure proper and efficient operation both in

Request for Quote-W9126G18T0020-Rev 2 Page 10 of 58 automatic and manual modes.

14. Hull Painting-perform a 5 coat bottom job:

Prime, prep, entire hull to include abrasive blast, application of primer and topcoat. The hull of the boat shall be painted with Five (5) full coats at the rate of 2 mils dry film thickness each. The first coat shall be allowed a minimum dry time of 4 hours before recoating. The color shall be Black, Federal Specification Color Chip No. 17038.

All paints and coatings shall be best quality for marine service and be applied in accordance with manufacturer's instructions. All paints and other coatings when applied shall provide a satisfactory film, present a smooth even surface, and each coat shall adhere firmly and uniformly to the surface to which it is applied. Prior to applying the primer coat, the surfaces to be painted shall be thoroughly cleaned chemically or mechanically to remove all oil, grease, dirt or foreign matter. Surfaces shall be clean and dry prior to painting. Special care shall be taken to protect the Fathometer transducers against abrasion, damage, and painting. Except where specified otherwise, the cleaning method shall be optional with the Contracting Officer's Representative. The contractor must perform all painting in an indoor, temperature controlled facility. NOTE: All paint shall be manufactured by the Ameron Marine Coatings Division, or approved equal. The use of a copper bearing anti-fouling coating will not be acceptable for use on the Aluminum hull. The vessel shall not be launched before the anti-foulant's minimum specified drying time. The Contracting Officer's Representative approves all paint and anti-foulant used. All paint and anti-fouling shall be applied in a timely manner and in accordance with the manufacturer's instructions.

15. Redo Non-skid cabin top:

Prime, prep, and redo nonskid cabin top to include abrasive blast, application of primer and topcoat with nonskid. The deck of the boat shall be painted with Five (5) full coats at the rate of 2 mils dry film thickness each. The first coat shall be allowed a minimum dry time of 4 hours before recoating. The color shall be Red Tile, R10, deck coating nonskid, and Color No.

35320-COA023693. The Contracting Officer's Representative approves all paint and anti-foulant used. The contractor must perform all painting in an indoor, temperature controlled facility.

16. Redo non-skid on deck floor:

Prime, prep, and redo nonskid deck floor to include abrasive blast, application of primer and topcoat with nonskid. The deck of the boat shall be painted with Five (5) full coats at the rate of 2 mils dry film thickness each. The first coat shall be allowed a minimum dry time of 4 hours before recoating. The color shall be Red Tile, R10, deck coating nonskid, and Color No. 35320-COA023693. NOTE: The inside of the tow rail shall also be painted the same color as the deck. The Contracting Officer's Representative approves all paint and anti-foulant used. The contractor must perform all painting in an indoor, temperature controlled facility.

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17. Repaint under cabin:

Prime, prep, and redo nonskid under cabin top to include abrasive blast, application of primer and topcoat with nonskid. The deck of the boat shall be painted with Five (5) full coats at the rate of 2 mils dry film thickness each. The first coat shall be allowed a minimum dry time of 4 hours before recoating. The color shall be Red Tile, R10, deck coating nonskid, and Color No. 35320-COA023693. The Contracting Officer's Representative approves all paint and anti-foulant used. The contractor must perform all painting in an indoor, temperature controlled facility.

18. Repaint transom names:

Prime, prep, and redo transom names to include abrasive blast, application of primer and topcoat. The first coat shall be allowed a minimum dry time of 4 hours before recoating. All letters and other lettering on both sides of the bow and transom shall be cleaned and painted with two (2) full coats of Old Ivory, Federal Specification Color Chip No. 17855. The Contracting Officer's Representative approves all paint and anti-foulant used.

19. Replace Turbo and both (2Ea.) Manifolds:

The contractor shall provide all plant, labor, and materials to replace one turbo and to remove and replace the manifold system on each turbo system. Look for any malfunctions and run both engines and check for manifold leak. The Contracting Officer's Representative approves all part and materials used.

20. Replace both exhaust manifolds:

The contractor shall provide all plant, labor, and materials to check out any malfunctions and Check both engine before replacing the exhaust manifolds. The Contracting Officer's Representative approves all part and materials used.

21. Install new style air filter system. (Better circulation)

The contractor shall provide all plant, labor, and materials to convert turbo air flow system to a more modern efficient flow system. This will enable better cooling in the engine compartment and better fuel economy. After installation check out any malfunctions to accomplish task conversion.

22. Completely engine room and bilge area:

The contractor shall provide all plant, labor, and materials to check out any malfunctions and make clean the entire engine and bilge areas using the standard cleaning method to accomplish task and manual modes.

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INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 06-FEB-2018 TO

23-MAR-2018

N/A OPERATIONS DIVISION

DENNIS LANIGAN

2000 FORT POINT ROAD

GALVESTON TX 77550

409-766-3875 FOB: Destination

W45VAK

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991

Contract Administration Data

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

JUN 2012

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Section I - Contract Clauses

52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-13 System for Award Management Maintenance OCT 2016 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-6 Drug-Free Workplace MAY 2001 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.245-9 Use And Charges APR 2012 52.247-27 Contract Not Affected by Oral Agreement APR 1984 52.249-4 Termination For Convenience Of The Government

(Services) (Short Form)

APR 1984

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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A

System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

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

ORDERS--COMMERCIAL ITEMS (NOV 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders

Request for Quote-W9126G18T0020-Rev 2 Page 15 of 58 applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

__X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

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____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

__X__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

_X___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C.

632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X___ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X___ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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____ (ii) Alternate I (Jun 2014) of 52.223-14.

____X (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

__X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X___ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 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).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(Contracting Officer check as appropriate.)

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__X___ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

__X___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 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).

_____ (7) 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).

__X___(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

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_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C.

1792).

_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(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) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and 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.)

(xvii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 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.

(xx) 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.

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(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil

(End of provision)

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

(End of clause)

Request for Quote-W9126G18T0020-Rev 2 Page 23 of 58 http://farsite.hill.af.mil/ http://farsite.hill.af.mil/

Section K - Representations, Certifications and Other Statements of Offerors

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications

JAN 2015

52.222-25 Affirmative Action Compliance APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

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Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly…