A.07.23_SOLICITATION_DRAFT.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 52

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W9127N 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

333 SW Oak Str, Portland OR conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ROBBIE NEWLAND 503-808-4634

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

5 - 9 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

11 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 12 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

13 - 31

PART II - CO NTRACT CLAUSES

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

503-808-4612

503-808-4605FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

W66QKZ60982578

5. DATE ISSUED

24 Aug 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9127N-16-B-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

DESIGN PERSONNEL HOIST

FFP

FOB: Destination

MILSTRIP: W66QKZ60982578

PURCHASE REQUEST NUMBER: W66QKZ60982578

0001AA 1 Job

POWERHOUSE 1

FFP

FOB: Destination

NET AMT

0001AB 1 Job

POWERHOUSE 2

FFP

FABRICATE PERSONNEL HOIST

FFP

FOB: Destination

MILSTRIP: W66QKZ60982578

0002AA 1 Job

POWERHOUSE 1

FFP

0002AB 1 Job

POWERHOUSE 2

FFP

Section C - Descriptions and Specifications

SCOPE OF WORK / SPECIFICATIONS

SCOPE OF WORK FOR

TWO SPIRAL CASE PERSONNEL HOISTS

TO BE DELIVERED TO THE BONNEVILLE DAM, CASCADE LOCKS, OREGON

1. GENERAL INFORMATION

1.1. Description of services and introduction: The contractor shall provide all materials, tools, equipment, and labor necessary to design, fabricate and deliver complete two (2) 600-lb. minimum capacity portable personnel hoists, air or electrically driven, as defined in this Scope of Work. The contractor shall perform to the standards in this contract.

1.2. Background: New safety requirements stipulate that portable personnel hoists must either have an independent vertical lifeline, or must be guided by two tensioned wire ropes, to prevent spinning, and ensure that the man basket, or car, travels easily through any openings. An elevator system that would be custom-designed and fabricated would be cost-prohibitive, and would not have the desired portability or ease of installation.

1.3. Objectives: Manufacture and deliver two portable guided two-man personnel hoist system meeting the

ANSI/ASSE A10.22 2007 (R2012), and ANSI/AWS D1.1/D1.1M:2015 specifications, and designed to work within the geometry of the Bonneville powerhouse 1 (PH1), powerhouse 2 (PH2), and fish unit (FU) spiral cases.

1.4. Scope: This work involves investigation, design, construction, and delivery of the personnel hoist systems.

A site visit shall be necessary to investigate field conditions, and verify dimensions to ensure the design shall work within the existing geometry of the generator floor openings. The general configuration of the currently used guided personnel hoists may be used for reference, although it does not meet current ANSI A10.22 standards. A guided personnel hoist is required. Four bound copies of Operation and Maintenance Manuals must also be included upon delivery. The contractor must provide assistance if any difficulties arise during installation of the system by the project, must provide acceptance testing after installation by the project, and must provide warranty service, for a period of one year after acceptance by the government.

1.5. Milestone reviews: Prior to fabrication, the contractor shall submit conceptual designs to the government for review. The government will have 10 business days to review for compliance of this Scope of Work. If the government finds deficiencies in concept, specifically as it relates to the Scope of Work, the contractor shall accommodate as needed. Once the concept is approved by the government, fabrication shall commence. During fabrication, the contractor shall facilitate a site inspection/review by the government. These reviews are only for the purpose of providing Bonneville Dam a product that meets their needs. Ultimate responsibility of the design, fabrication, operability, and safety performance rests with the contractor.

1.6. Site visit: Site visit should occur 14 days after the Notice to Proceed, with a conceptual design available within 45 days after Notice to Proceed.

1.7. Period of performance: The contractor shall deliver the complete systems, ready for installation and testing by the Government, within 36 weeks from date of contract award, including the complete hoist system and operations and maintenance manuals, design drawings, and calculations.

1.8. Payment: Payment of Final Design CLIN dependent upon final design approval. Upon approval, ownership of final design must be transferred to the Government.

2. ACRONYMS AND DEFINITIONS.

ANSI/ASSE A10.22 2007(R2012) – American National Standard A10.22-2007 (R2012), Safety Requirements for Rope-Guided and Non-Guided Workers’ Hoists.

ASSE/SAFE Z359-PKG - Fall Protection Code

ANSI/AWS D1.1/D1.1M:2015 – American Welding Society D1.1/D1.1M:2015, Structural Welding Code Steel.

EM 385-1-1 – Safety and Health Requirements Manual.

3. PERFORMANCE SPECIFICATIONS

3.1. The contractor shall provide all materials, tools, equipment, and labor necessary to design, fabricate and deliver complete two (2) 600-lb. minimum capacity personnel hoist, air or electrically driven, which shall operate in accordance with this specification. This work shall include but not be limited to the following:

3.1.1. Provide hoist machinery complete, including control power transformers (if electric drive), or air tugger drive, and control apparatus for operation both within the car, and from the upper support frame, for transport of two personnel between elevations: 37 and -5 for PH1, 28 and -29 for PH2, 5 and -38.5 for FU, through a 36” Square floor opening for PH1 and 54” square opening for PH2 and FU, and to the spiral case floor below.

3.1.2. Two-man hoist car complete with items as listed herein.

3.1.3. Support frame and enclosure for the upper landing, complete with air or electric hoist drive, guardrails and entry gate, attachments for tensioned guide cables, and controls. The support frame must be engineered to support the operating hoist loads, plus the load imposed by the tensioned cables, and arresting loads of the block stops, in case of hoist cable failure.

3.1.4. Traveling cable and control cable to hoist controllers for use within the hoist car.

3.1.5. Adjustable lower limit switch to accommodate different depths.

3.1.6. Emergency alarm bell.

3.1.7. Emergency lift point on top of car.

3.1.8. Communication phone line for calling from the scroll case in the event of an emergency.

3.1.9. Two tensioned guide cables and tensioning devices.

3.1.10. All necessary electrical work including main control and auxiliary panels.

3.1.11. Battery and charger for emergency car lighting.

3.1.12. Emergency overspeed blockstops on tensioner cables.

3.1.13. Equipment Tests and inspections.

3.1.14. All anchors, hangers, bracket fasteners, and other supports required for installation.

3.1.15. One 125% (750-lb.) test weight, which may be attached with pins to the bottom of the car.

3.1.16. All equipment must be equipped to handle unforeseen obstructions resulting in a stall torque of zero.

3.2. All designs, construction, workmanship, and material, unless specifically exempt, shall be in accordance with the applicable sections of ANSI A10.22, and all codes (state or local) having jurisdiction.

3.3. PERSONNEL HOIST REQUIREMENTS

This section provides additional detail for the requirements of the hoist system, car, guides with block stops, controls, alarm, and testing.

3.3.1. The special purpose personnel hoist shall be used for up to two personnel and small tools, and shall include a complete and workable system in which the car is hoisted by an air or electric drive located on the supporting frame, with at least the following components: driving machine, car enclosure, upper landing enclosure with door, control system, tensioned guide cables, electrical wiring, and devices for operation, safety, landing control, and maintenance.

3.3.2. Provide a complete hoist system, which shall perform as required, ready to be installed to service any of the spiral cases at Bonneville Dam. Complete hoist system must completely fit within a cube space of 9'-9” long x 4'-6” wide x 11'-0” tall.

3.3.3. Hoist Code: Except as otherwise specified, and except for more stringent requirements of governing regulations, comply with applicable requirements of the ANSI A10.22-2007 published by the American National Standards Institute, hereinafter referred to in this specification as the “Code”.

3.3.4. Electrical Code: For electrical work included in the hoist work, comply with the National Electrical

Code, by NFPA.

3.3.5. The equipment shall conform to the following requirements, or approved equal:

a) Quantity and Type Two (2) Two-Man Portable Personnel Hoists

b) Capacity 600-pounds

c) Speed Variable up to 100 feet per minute

d) Travel 42 feet PH1, 57 feet PH2, 43.5 feet FU

e) Landings 2 x 3 locations

f) Limit Switches 3 position rotary selector switch with adjustable lower limits.

g) Openings 1 Front

h) Operations Controls within car, and at upper and lower landings.

i) Car Size 32” square outside x 7’ inside height

j) Signals Alarm bell

k) Communication Phone line to extend from upper to lower landing.

l) Emergency Lift Emergency lift point on top of car in case of drive failure.

m) Additional Features Emergency light with bell, battery and charger.

3.3.6. The hoist shall ascend and descend at a maximum controlled rate of approximately 100 feet per minute.

3.3.7. Hoist speed control shall have an automatic ramp up and ramp down feature when approaching landings.

3.3.8. The complete system shall be portable, and shall have provisions for transport by means of a fork lift, and be equipped with lifting points suitably sized for movement with a crane. The complete system needs casters for mobility on concrete floors as well as stabilizers for when the system is in use. The weight of the complete system shall be clearly marked on the frame.

3.3.9. Operation shall be by an air or electric winch type drive sized for performance with the specified hoist loads and speeds, including a positive brake in case of loss of supply air pressure or electrical power.

3.3.10. Type of Control and Operation System

a) Hoist shall have controls within the car, located on the supporting frame, and at the lower landing.

Limit switches shall be installed to stop automatically at both the top and bottom landings of the three locations, lower limits must be adjustable. Control must be labeled by a certified testing agency.

b) Car operating devices shall consist of the car control station including alarm push button and controllers located on the supporting frame, within the hoist car, and at the lower landing.

c) Any electrical control panel enclosures shall satisfy the requirements of NEMA 4X and be located on the car.

3.3.11. Controller: In the case of an electric drive, the controller shall be with switches mounted on panels in a NEMA rated enclosure. It shall be designed to control starting, stopping and prevent damage to the motor from overload or excess current and to automatically cut off the power supply, apply the brake and bring the car to rest in the event of the operation of any of the safety devices, or failure of power from any cause. A relay shall be provided on the controller, as required, designed to prevent the operation of the hoist in case of phase reversal, phase failure or low voltage in the supply circuits. In the case of an air-powered drive, the switches must be of a dead-man type, such that release of the switch shall cause the car to positively stop.

3.3.12. Emergency Stop Switch: For an electric drive, an emergency stop switch shall be provided in the car, designed to cut off current supply to the motor, apply the brake and bring the car to rest independently of the regular operating devices.

3.3.13. Control Switches: Pushbutton or joystick controllers may be used, provided they are of the dead-man type.

3.3.14. Limit Switches: Limit switches shall be provided in the hoistway, or on the car, designed to automatically stop the car at the upper and lower landings. Lower limits must be adjustable.

3.3.15. Electric Wiring: Furnish and install complete necessary insulated wiring to connect all parts of equipment.

a) Insulated wiring shall have a moisture-resisting outer cover.

b) If used, traveling cable between the car and hoistway shall have flame-retarding and moisture-resisting outer cover. Cable shall be flexible and shall be suitably suspended to relieve strains in the individual conductors.

c) Insulated conductors as well as fittings including junction boxes, shall comply with the requirements of the National Electrical Code.

3.3.16. Tensioned Guide Cables: Two guide cables must be used, with provisions for tensioning, and must be sized for use with emergency speed-sensing block stops. Cables and block stops must be sized to arrest expected fall loads.

3.3.17. Block stops: Two block stops must be used, one for each guide cable, and must be capable of stopping the car within 18 inches, in case of hoist rope failure.

3.3.18. Line Speed Indicator: A line speed indication display must be visible to the hoist operator.

3.4. CAR ENCLOSURE AND LANDING DOORS

3.4.1. Car Enclosure: Car shall have a rigid steel frame adequately braced, and positive latching door, capable of being operated both inside and outside

3.4.2. The car shall be certified by the manufacturer as having a minimum 600-lb. capacity, and include provisions to secure a minimum 750-lb. test weight, (or 1.25x the rated capacity, whichever is greater), which also shall be included.

3.5. SURFACE TREATMENT/SHOP PAINTING

All parts must be constructed of corrosion-resistant materials, or coated, to prevent corrosion when used continuously in a wet environment.

3.6. ACCEPTANCE TESTING

3.6.1. Upon completion of the hoist delivery, and before permitting use of the hoist, perform acceptance test as required by governing regulations. The contractor shall perform testing and demonstrate the proper operation of all features.

3.6.2. Advise the Government Point of Contact, in advance of dates and times that acceptance tests are to be performed on the hoist system.

3.6.3. Fall Protection: Enforce use of the fall protection equipment and systems designated for each specific work activity at all times when an employee is exposed to a fall hazard. Protect employees from fall hazards as specified in EM 385-1-1, Section 21. Personal fall arrest systems are required when working from an articulating or extendible boom, swing stages, or suspended platforms. In addition, personal fall restraint systems are required when operating other equipment such as scissor lifts. Fall protection must comply with EM 385-1-1, and ASSE/SAFE Z359-PKG.

3.7. INSTRUCTION AND MAINTENANCE

3.7.1. The contractor shall instruct the Government’s personnel in the proper use, operation and daily maintenance of the hoist. Review emergency provisions, including emergency access and procedures to be followed at the time of failure in operation and other emergencies. Train Government’s personnel in the normal procedures to be followed in checking for the source of an operational failure or malfunction.

3.7.2. The contractor shall make a final check of the hoist operation just prior to acceptance by the Government’s representative and determine that all operating devices are functioning as required.

(End of Statement of Work)

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0002 Destination Government Destination Government 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0001AA 4 wks. ADC 1 BONNEVILLE LOCK & DAM PROJECT

CENWP-OD-B

USACE PORTLAND DISTRICT

BONNEVILLE DAM, I-84 EXIT 40

CASCADE LOCKS OR 97014-0150

960412

0001AB 4 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

0002 N/A N/A N/A N/A

0002AA 36 wks. ADC 1 BONNEVILLE LOCK & DAM PROJECT

CENWP-OD-B

USACE PORTLAND DISTRICT

BONNEVILLE DAM, I-84 EXIT 40

CASCADE LOCKS OR 97014-0150

0002AB 36 wks. ADC 1 (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

Section I - Contract Clauses

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2014 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

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

AUG 2011

52.225-5 Trade Agreements FEB 2016 52.225-8 Duty-Free Entry OCT 2010 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-17 Interest MAY 2014 52.232-25 Prompt Payment JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995

52.244-6 Subcontracts for Commercial Items JUN 2016 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements - Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015- O0010)

FEB 2015

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

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

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Aug 2016)

AUG 2016

252.225-7002 Qualifying Country Sources As Subcontractors AUG 2016 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

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

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

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

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

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

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

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

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm https://www.acquisition.gov/

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

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

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

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

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

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

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

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

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

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

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

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

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

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

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

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

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.