A.07.23_W9127N-16-R-0019_JSATS_RFP.doc.pdf

PDF 486 KB Posted Jan 15, 2016

Attached to: Juvenile Salmon Acoustic Telemetry System Transmitters
Solicitation number: W9127N-16-R-0019
Issued by: Department of the Army Corps of Engineers Engineering District Portland

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W9127N-16-R-0019 Solicitation

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File	Type	Posted
A.07.24_W9127N-16-R-0019_04_JSATS_Solicitation_Amendment.pdf	PDF	Aug 1, 2016
A.07.24_W9127N-16-R-0019_03_JSATS_Solicitation_Amendment.pdf	PDF	Apr 19, 2016
A.07.24_W9127N-16-R-0019_02_JSATS_Solicitation_Amendment.pdf	PDF	Feb 19, 2016
A.07.24_W9127N-16-R-0019_JSATS_Solicitation_Amendment.pdf	PDF	Feb 3, 2016
A.07.23_16-R-0019_Att_2_Small_Business_Subcontracting_Plan.pdf	PDF	Jan 15, 2016
A.07.23_16-R-0019_Att_1_October_2015_NDA_110915_Battelle_Vendor.pdf	PDF	Jan 15, 2016

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CODE

(Hour)

PAGE(S)

until 02:00 PM local time 25 Apr 2016

A X B X C X D

G F 42 - 61

62 - 73 H 74 - 92

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 92

(If other than Item 7) W9127N

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

AND

ADDRESS

SIGN OFFER (Type or print)

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

9. Sealed offers in original and 2 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 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 - 19

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

21 - 23 24 - 25

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 26 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X 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) 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 - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

27 - 40

PART II - CONTRACT CLAUSES

US ARMY CORPS OF ENGINEERS

333 SW FIRST AVE

PORTLAND OR 97204-3495

US ARMY CORPS OF ENGINEERS

PATRICK COLLINS

333 SW FIRST AVENUE

PORTLAND OR 97204-3495503-808-4612

503-808-4605FAX:

TEL:

503-808-4605FAX:

TEL: 503-808-4594

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

15 Jan 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9127N-16-R-0019

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

RESERVED

FFP

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 25,000 Each Production AMTs 2016

FFP

See Section C 2.3.1, Statement of Work.

Quantity is estimated.

Unit Price is the Not to Exceed (NTE) cost per unit for this period of performance.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

0003 10 Each AMT Activation Equipment 2016

FFP

See Section C 2.4, Statement of Work.

Quantity is estimated.

Unit Price is the Not to Exceed (NTE) cost per unit for this period of

UNIT UNIT PRICE MAX AMOUNT

0004 500 Each Dummy Tags 2016

FFP

See Section C 2.3.2, Statement of Work.

Quantity is estimated.

UNIT UNIT PRICE MAX AMOUNT

1002 47,151 Each OPTION Production AMT 2017

FFP

See Section C 2.3.1, Statement of Work.

Quantity is estimated.

Unit Price is the Not to Exceed (NTE) cost per unit for this period of

UNIT UNIT PRICE MAX AMOUNT

1003 5 Each OPTION AMT Activation Equipment 2017

FFP

See Section C 2.4, Statement of Work.

Quantity is estimated.

UNIT UNIT PRICE MAX AMOUNT

1004 500 Each OPTION Dummy Tags 2017

FFP

See Section C 2.3.2, Statement of Work.

Quantity is estimated.

UNIT UNIT PRICE MAX AMOUNT

2002 42,651 Each OPTION Production AMT 2018

FFP

See Section C 2.3.1, Statement of Work.

Quantity is estimated.

Unit Price is the Not to Exceed (NTE) cost per unit for this period of

UNIT UNIT PRICE MAX AMOUNT

2003 3 Each OPTION AMT Activation Equipment 2018

FFP

See Section C 2.4, Statement of Work.

Quantity is estimated.

UNIT UNIT PRICE MAX AMOUNT

2004 500 Each OPTION Dummy Tags 2018

FFP

See Section C 2.3.2, Statement of Work.

Quantity is estimated.

UNIT UNIT PRICE MAX AMOUNT

3002 10,500 Each OPTION Production AMT 2019

FFP

See Section C 2.3.1, Statement of Work.

Quantity is estimated.

Unit Price is the Not to Exceed (NTE) cost per unit for this period of

UNIT UNIT PRICE MAX AMOUNT

3003 2 Each OPTION AMT Activation Equipment 2019

FFP

See Section C 2.4, Statement of Work.

Quantity is estimated.

UNIT UNIT PRICE MAX AMOUNT

3004 500 Each OPTION Dummy Tags 2019

FFP

See Section C 2.3.2, Statement of Work.

Quantity is estimated.

Unit Price is the Not to Exceed (NTE) cost per unit for this period of

TOTALS

SUBTOTAL FOR MANDATORY LINE ITEMS (CLINS 0001-0004)

$ (NTE)

SUBTOTAL FOR OPTIONAL LINE ITEMS (CLINS 1002-3004)

$ ________________(NTE)

TOTAL FOR ALL LINE ITEMS

$ (NTE)

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$3,500.00 127,302.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0002 500.00

25,000.00

10.00

500.00

1002 500.00

47,151.00

5.00

2002 500.00

42,651.00

3.00

3002 500.00

10,500.00

2.00

ADDITIONAL INFORMATION

1. This solicitation for the Juvenile Salmonid Acoustic Telemetry System (JSATS) is unrestricted full and open competition.

This solicitation will result in up to three (3) awards of an Indefinite Delivery, Indefinite Quantity (IDIQ) contract(s) for the JSATS Acoustic Micro-Transmitters (AMT) production quantities indicated in the Pricing Schedule (See Section B).

NOTE: As prescribed by FAR Provision 52.215-1(f)(4), the Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)).

THEREFORE, THE OFFEROR’S INITIAL PROPOSAL SHOULD CONTAIN THE OFFEROR’S BEST TERMS

FROM A COST OR PRICE AND TECHNICAL STANDPOINT. THE GOVERNMENT RESERVES THE RIGHT

TO CONDUCT DISCUSSIONS IF THE CONTRACTING OFFICER LATER DETERMINES THEM TO BE

NECESSARY.

The acquisition requires the submittal of 100 prototype AMTs for evaluation for the source selection process. The prototype transmitters will be tested at a United States Army Corps of Engineers (USACE) contracted testing laboratory in accordance with the Statement of Work located in Section C of this solicitation. Testing of one lot of 100 prototype AMTs will be conducted at no cost to the offeror.

A portion of the design and specifications of the AMTs is patent pending. Therefore, the design and specification documents are not included in the initial RFP. They will be made available to offerors through an amendment to the solicitation after the offeror has submitted a Non-Disclosure Agreement (NDA) to the Government. Offerors are required to submit a signed NDA to the contract specialist as an email attachment no later than 02:00 p.m two (2) business days after the RFP has been issued on FedBizOps (www.FBO.gov) to be given access to the proprietary designs and specifications at the time the amendment is issued. All amendments must be signed by the offeror and submitted with the offeror’s proposal.

The amendment to the solicitation will be issued on FedBizOps (FBO) and the proprietary designs and specifications will made available through a secure file transfer protocol (FTP) site approximately four (4) days after the solicitation is issued. Offerors with an approved NDA will be given access to the design and specification documents at the time the amendment is issued. Offerors who submit NDAs that are received by the Government after the suspense date will be given access to the amendment and the design and specification documents after the NDA is approved.

(a) The Contractor shall deliver 100 AMT prototype units as specified in Sections L and M. The shipping documentation shall contain this solicitation number and the Lot/Item identification. The evaluation criteria that prototype AMTs must meet and the testing requirements are specified in Section M.

(b) If the Contractor fails to deliver prototypes on time the proposal shall be considered nonresponsive.

(i) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the prototype during prototype testing.

(ii) Before contract award, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor.

2. Task Order Award

Variation between annual research events or different watersheds does not impact the credibility of data because the tags are used for tracking annual runs. Competed Task Orders may be issued for requirements in other watersheds within NWP.

Options for additional quantities of AMTs may be added to RFPs for Task Orders.

3. Pricing

Unit prices proposed for each item identified in the price schedule in the base IDIQ contract are binding. In response to task order RFPs issued under this contract, the contractor(s) may not propose unit prices that exceed the not-to-exceed amounts established in the base IDIQ contract for each item for the period of performance in effect at the time of the task order award.

4. Inquiries

Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically through Bidder Inquiry. See Section L, Instructions to Offerors for Bidder Inquiry access. The Government does not intend to respond to inquiries submitted less than ten (10) days before the proposal receipt date.

5. General Information

These instructions provide guidance to the Offeror in preparing the proposal and describe the approach for development and presentation of the proposed data in response to this solicitation. The proposal shall include all of the information requested in these instructions.

FAILURE TO FULLY COMPLY WITH THESE INSTRUCTIONS MAY BE CAUSE FOR REJECTION OF THE

PROPOSAL.

6. LATE SUBMITTALS WILL NOT BE CONSIDERED. Proposal must be clearly marked on the outside of the package with the solicitation number (See Section L).

7. Joint Venture Agreement

(a) Joint Venture Offerors: Joint Venture Offerors shall provide a copy of the joint venture agreement. The agreement shall include information that identifies the responsibilities for each entity under this contract, demonstrates the relationship between firms, and identifies contractual relationships and authorities to bind each entity of the joint venture. The joint venture also needs to complete the online representations and certifications for each joint venture member as well as for the joint venture itself.

(b) Joint Venture Lead Design Firms: Joint Venture Lead Design Firms shall provide a copy of the joint venture agreement. The joint venture agreement shall include information that identifies the responsibilities for each entity under this contract and demonstrates the relationship between firms.

8. Past Performance and Experience

Past performance and Experience are important elements of the RFP evaluation and contract award(s) under this non-commercial item RFP. The Contracting Officer shall consider past performance data from a wide variety of sources both inside and outside the Federal Government. (See Evaluation Factors under Section L and Section M)

9. System for Award Management (SAM)

Contractors shall be registered in the System for Award Management (SAM) prior to award(s) of a DoD contract.

For more information, see the SAM website at http://www.sam.gov. A contract cannot be awarded to a contractor not registered in SAM. Ensure the NAICS codes listed in your organization’s Representations and

Certifications in SAM matches the NAICS code for this procurement (NAICS 334220 – Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing).

10. Incurred Expenses

The Government is not responsible for any costs incurred or associated with preparation and submission of proposals of this solicitation in response to this solicitation.

11. More than One Product Proposed But No Alternate Proposals

The Contracting Officer is allowing offerors to propose more than one product that will meets the Government’s need in response to this solicitations for non-commercial items. The Contracting Officer shall evaluate each product as a separate offer (See Section C).

12. Small Business Subcontracting Plan

Other than U.S. Small Business (i.e. Large Business) offerors shall submit a subcontracting plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-7003 contained in Section K of the solicitation. Other than U.S. Small Businesses shall submit acceptable subcontracting plans to be eligible for award. Subcontracting Plans shall reflect and be consistent with the commitments offered in the Small Business Participation Plan. Large Businesses shall provide a completed Small and Small Disadvantaged Business Subcontracting Plan (Attachment 1 of the solicitation) and most recent annual subcontracting report. For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD.

Section C - Descriptions and Specifications

STATEMENT OF WORK

SECTION C

STATEMENT OF WORK

JSATS ACOUSTIC MICRO-TRANSMITTERS

Table of Contents

1.0 Scope of Work

2.0 Acoustic Micro-Transmitters

3.0 Acoustic Micro-Transmitter Delivery / Task Orders

4.0 AT/OPSEC

5.0 Ombudsman

6.0 VET 100 Reporting Program

1. SCOPE OF WORK

1.1. General Statement: US Army Corps of Engineers (USACE), Portland District, intends to award a Firm

Fixed Price Indefinite Delivery Indefinite Quantity supply contract for the procurement of JSATS Micro- Transmitters. Contracts will be awarded to no more than three offerors that are determined to be technically acceptable, and determined to be the lowest price.

In the event that only one IDIQ contract is awarded, the negotiated ceiling price shall be the pricing for the contract.

Minimum Guarantee for Award of IDIQ Contracts. The minimum guarantee for the MATOC contract is $3,500.00 over the life of the contract and is the full amount in consideration for all years.

Competed Task Orders will be issued against this Multiple Award Indefinite-Delivery Indefinite-Quantity (IDIQ) Contract for annual research events for the Columbia River and Snake River watershed. Due to variances between transmitters manufactured by different vendors, transmitters must be purchased from one contractor for each annual research event. Variation within an annual event impacts the mission by reducing the credibility of the data. Variation between annual research events or different watersheds does not impact the credibility of data because the tags are used for tracking annual runs. Competed Task Orders may be issued for requirements in other watersheds within NWP.

1.2. Definitions

1.2.1. Contracting Officer (KO): A Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings

1.2.2. Contracting Officers Representative (COR): The government employee who has been authorized in writing as the Contracting Officer’s Representative, acting within the limits of their authority

1.2.3. Quality Assurance Evaluator (QAE ): The government employees responsible for checking contractor’s quality or performance

1.3. Background: The Government has developed and demonstrated a functional juvenile salmon acoustic telemetry system (JSATS) consisting of acoustic micro-transmitters (tags) and autonomous, cabled, and portable receivers for evaluating behavior and survival of juvenile salmonids migrating through the Columbia River Federal Power System (FCRPS).

1.4. Contractor Point of Contact: The contractor shall appoint a project manager that will act as the primary point of contact (POC) during the period of performance of this contract. The project manager shall be an employee of the contractor and shall have an intimate knowledge of company practices including manufacturing, testing, and quality assurance, specifically, as they relate to the production of the JSATS AMT. In the event the POC is unable to respond (e.g. vacations, sickness, etc.), the contractor shall provide a backup POC equally knowledgeable of the JSATS AMT production, testing, activation and delivery processes. The contractor shall provide contact information for the POC and the backup POC including office phone and/or extension, mobile phone, and email address upon award of the contract.

The POC shall be readily available to Government personnel and USACE contractors conducting AMT testing and research personnel during the entire period of performance of this contract. All contact with USACE contractors must be made through the Government POC.

2. ACOUSTIC MICRO-TRANSMITTERS

2.1. Performance Period: The performance period for this contract will begin from notice of award through 30 November 2016 with 3 option years (expiring 30 November 2019).

2.2. Specific Requirements: The contractor shall deliver JSATS production AMTs that meet the minimum specifications as provided for in Section 2.3.

2.3. JSATS AMT Specifications: The following describe the minimum functional specifications for the

JSATS Production AMT required for delivery through this contract.

2.3.1. Standard JSATS Acoustic Micro-Transmitter

Size: The following are maximum size specifications of the

JSATS transmitter-Micro Transmitter:

Diameter: 3.38 mm Length: 15.00 mm Volume: 0.12 mL Dry Weight: 216 mg

Surface Roughness: The tag exterior shall be smooth and devoid of sharp edges or protrusions.

Coating: Tags shall be conformally coated with Parylene-C (or equivalent) to a minimum thickness of 25 microns.

Alternate coatings shall have COE approval prior to manufacture.

Shape: Cylindrical or part of the tag is smaller in diameter than the rest of the tag to reduce weight.

Shock: Shall withstand a shock up to 50g without interruption or cessation of function

Vibration: Shall withstand a vibration not less than 10 g rms (5-500 Hz) without interruption or cessation of function

Magnetic Field: Shall withstand exposure to a magnetic field not less than 10 gauss without interruption or cessation of function

Transmitter Frequency: 416.7 kHz ±0.5%

Transmitter Power: Source level not less than +153 dB (re: 1µPa @ 1 meter)

Message PRI: Factory configurable to a user defined Pulse Rate Interval

Minimum Run Time: Dependent on PRI, the following represent minimum transmitter life based on commonly used pulse rate intervals:

3 second: 20 days 5 second: 30 days 7 second: 40 days 10 second: 60 days

Message Encoding: 31-bit, Binary Phase Shift Keying, with format as follows:

7-bit barker code (0x72) 16-bit tag ID code (0xFFFF) 8-bit cyclic redundancy check (CRC) (0xFF)

Message Length: 744 microseconds Number of possible tag ID codes: 65,536

Number of Possible tag ID codes: 65,536 (single tag code) or 4,294,967,296 (alternating tag codes)

Shelf Life: Shall retain >85% of battery capacity for 12 months after manufacture when stored at room temperature in an inactivated state

On/Off Switch: Shall include a switch that allows for activation and deactivation of the AMT. Exposed wires shall not be accepted. AMT shall be fully encapsulated when delivered

Transmitter Label: Discernible four (4) character code representing the 16-bit ID Code (0xFFFF) if the tag ID code is not user-configurable using the ON/Off switch. Discernible four

(4) character code representing serial number if the tag ID code is user-configurable using the ON/Off switch

Alternating Transmission: Shall have the ability of transmitting more than one tag code, e.g., a first tag ID followed by a second tag ID.

Temperature: Shall have the ability of measuring and transmitting temperatures within the range of 0-31 degrees Celsius.

Shall embed temperature into at least one of the alternating tag codes and append the correct error checking bits to the tag code based on the encoded temperature values

Hibernation: Shall have the ability to wait for a configurable amount of time (up to 6 months) before starting normal acoustic transmissions

2.3.2. JSATS Dummy Transmitters: Dummy transmitters shall conform to all dimensional characteristics as provide for the Standard JSATS AMT as described in 2.3.1.

2.4. Transmitter Activation Equipment: Transmitter activation equipment shall conform to the following specifications.

Function: Activate, deactivate, and set (define) transmitter parameters to be programmed

Power Source: AC/DC

Display: Display current Tag Code and CRC (see Message Encoding in Section 2.3.1); PRI; and Notice if tag code is duplicate

Durability: Shock resistant (see Shock in section 2.3.1) Water proof Resistant to electrical interference (noise)

Communication: Communicate to host computer via USB or equivalent

Activation Software: Activation software shall compare transmitters currently being activated to a master list installed/uploaded by the user. This list shall include the information specified in Data Format.

Data Format: Data file shall include the following fields and be exportable in a comma-delimited format Person Activating Project Tag Code: Barker Code; Tag Code; and CRC (see section 2.3 of the Statement of Work) Last Activation Date/Time (mm/dd/yyyy hh:mm:ss) Current Last Activation Date/Time (mm/dd/yyyy hh:mm:ss) Pulse Rate Interval

3. AMT Delivery:

3.1. Delivery Schedule: The contractor shall deliver production-line AMT to the Government as specified below. The contractor shall notify the Government Point of Contact via electronic mail at the time of shipment. This notification shall note the contract number, task order number, ship to person and address, contents of shipment, date shipped, expected arrival date, and any tracking information. On large orders, the contractor shall be permitted to stagger the delivery schedule upon approval from the Government Point of Contact.

3.2. Task Order Procedures: This contract is designed for multiple awardees. The issuance procedures for

Task Orders stated herein are applicable.

All Task Orders will be awarded based on competition among the MATOC contractors, unless an exception to Fair Opportunity is justified and approved in accordance with FAR 16.505(b)(2).

ORDERING

Full and Open competition will be utilized for this Multiple Award Task Order Contract (MATOC). Task orders will be competed, providing all awarded contractors fair opportunity for each order exceeding $3,500 per FAR Part 16.505(b), Ordering under Multiple Award Contracts.

There are four (4) applicable exceptions to the fair opportunity process that would require approval for Exception to Fair Opportunity prior to issuing the request for proposal:

(1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(2) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

(4) It is necessary to place an order to satisfy a minimum guarantee.

(a) Prior to award of each Task Order, the Government will issue a Request for Proposal (RFP).

Contractors will be given fair opportunity to compete to fulfill the requirements of the RFP. Contractors will be informed of the task order production quantity required, the required delivery schedule, and the portion of the code space available for transmitters ordered under a given task order. At that time, the contractors shall confirm their pricing in writing via email as remaining the same or offer the Government a reduced (discounted) price for issuance of individual task orders. A particular task order may specify the required delivery schedule as being more important than the FFP price. In this case, the contractor that can meet the earlier delivery date will be awarded the task order. Otherwise, task orders will be awarded to the lowest price proposal.

(b) Work under this contract will be ordered by written Task Order on Standard Form 1155 (Solicitation, Offer and Award) to the contractor(s) by the Contracting Officer

(c) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract and their assigned Task Order Number.

(d) The Government will not be obligated to reimburse contractor(s) for work performed, items delivered, or any costs incurred, nor shall the contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.

3.3. Commencement of Work: No work under this contract shall commence until such time as the Contracting Officer issues a Task Order in writing.

3.4. Delivery for Large Quantity Task Orders: For large quantity task orders delivery of transmitters may be staggered to meet production and assembly requirements. The contractor (s) shall provide the expected production and delivery schedule within ten (10) business days following receipt of a task order to the Government Point of Contact.

4. AT/OPSEC:

4.1. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the Government POC).

The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

5. Ombudsman: In accordance with FAR Part 16.505(b) (8) and with AFARS 5116.505 “Ordering,” for

MATOC’s, a primary and an alternate USACE Ombudsmen is provided by the Head of the Contracting Activity (HCA) for the USACE NWP contracting activity. The USACE Ombudsman shall be a senior official, who is independent of the KO and may be the Special Competition Advocate.

5.1. If the MATOC Awardee believes it was not fairly considered for a particular Task Order, the Contractor may present the matter to the KO. The USACE Ombudsman will review complaints from the MATOC Awardees under multiple award task or delivery order contracts to ensure that all have been afforded a fair opportunity to be considered, consistent with the procedures in the contract.

5.2. The MATOC Awardee may appeal the explanation or decision of the KO to the USACE Ombudsman at the following address:

Task and Delivery Order Ombudsman:

USACE Task and Delivery Order Ombudsman Ms. Jacqueline C. Woodson Acquisition Support Division U.S. Army Corps of Engineers 7701 Telegraph Road, Casey Building, Room 2115 Alexandria, VA 22315 Phone: 703-428-6323 Email: Jacqueline.C.Woodson@usace.army.mil

5.3. In accordance with the USACE Acquisition Instructions (UAI) 16.505-100(b)(8), the USACE Ombudsman shall have the authority to:

5.3.1. Review complaints from contractors awarded multiple award contracts that they have not been afforded a fair opportunity to be considered for award of a particular task order.

5.3.2. After coordination with the KO, and if he/she agrees with the Contractor, require that a KO take corrective action regarding the complaint.

6. VET 100 Reporting Program: In accordance with Federal Acquisition Regulation (FAR) 22.1303, any contractor or subcontractor with a contract of $100,000 or more with the Federal Government must take affirmative action to hire and promote qualified targeted veterans which includes, special disabled veterans, veterans of the Vietnam-era, recently separated veterans, and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. (See FAR Clause 52.222-38 entitled “Compliance with Veterans’ Employment Reporting Requirements” and FAR Clause 52-212-5 (25) 52.222-37 entitled “Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans.”)

Contractors and subcontractors must annually file a VETS-100 report, Federal Contractor Veterans’ Employment Report to the U.S. Department of Labor. Contractor must report the number of targeted veterans in their work force by job category, hiring location, and number of new hires, including targeted veterans hired during the reporting period and the maximum number and minimum number of employees of such Contractor during the period covered by the report. Instructions, information and follow-up assistance is provided at VETS-100 Internet site at http://vets.dol.gov/vets100/ or employers may contact the VETS-100 Processing Center at (301) 306-6752 or e-mail at helpdesk@vets100.com.

A contract cannot be awarded to a contractor that has not submitted a required annual form VETS-100, Federal Contractor Veterans’ Employment Report (VETS-100 Report) if subject to the reporting requirements of 38 U.S.C. 4212(d) for that fiscal year.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY REFERENCE

252.211-7003 Item Unique Identification and Valuation DEC 2013

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 N/A 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS

OR DESIGN CRITERIA (MAY 2001)

Definitions. Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

Defect means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean ``data.''

(b) Contractor's obligations. (1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor within 15 days after delivery. Contractor must replace any defective AMT tags in kind within 15 days from notification by the Government.

(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall (i) promptly correct the defect, or (ii) promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 15 days after delivery of non-conforming supplies. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 45 days after delivery of the nonconforming supplies; a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within seven (7) days to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.

(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation under this contract.

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within seven (7) days after receipt of the Contractor's recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at (Contracting Officer and

Contractor shall agree on the location where corrections may be performed).

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor's obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to--

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(ii) The notice shall specify a period of time following receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer's written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise--

(i) Obtain detailed recommendations for corrective action and either--

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner, in which case the Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

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

0002 POP 25-MAY-2016 TO

30-NOV-2016

N/A PPMD-ENVIRONMENTAL RESOURCE BR

SCOTT FIELDING

USACE PORTLAND DISTRICT PO BOX

2946 333 SW FI

PORTLAND OR 97208-2946

503-808-4774

W66QKZ

0003 POP 25-MAY-2016 TO

30-NOV-2016