W9127N-16-R-0037.pdf

SEE ADDENDUM

(No Collect Calls)

W9127N-16-R-0037 23-Mar-2016

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

02:00 PM 22 Apr 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9127N9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W66QKZ41266996

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS

JEFFREY RENNER

PO BOX 2946

PORTLAND OR 97208-2946

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W9127N 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

THE DALLES DAM

THE DALLES DAM

USACE PORTLAND DISTRICT I84 EXIT 88

THE DALLES OR 97058-0564

TEL: 541-296-1181 FAX:

503-808-4605FAX:

TEL: 503-808-4630 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

332710

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF69

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9127N-16-R-0037

Section SF 30 - BLOCK 14 CONTINUATION PAGE

OFFEROR CHECKLIST

PROJECT TITLE: The Dalles Lock and Dam Headcovers

SOLICITATION NUMBER: W9127N-16-R-0037

In order for an offer to be considered responsive, the Offeror shall submit the information listed in the checklist below. Failure to submit all the required information prior to the closing of the solicitation will result in the offer being nonresponsive.

Responsive Quote Submission Checklist:

Offeror's Initials of

Items Included in Submission:

1. Filled-Out SF 1449 (Blocks 17A, 30A, 30B and 30C) 1. _________________________

2. Signed Amendment(s) – SF1449 (If Applicable) 2. _________________________ (Blocks 8, 15A, 15B and 15C)

3. Pricing for Base Items and Optional Items. 3. _________________________

4. Submission of Volumes 1 (Technical) and 2 (Price) IAW FAR 4. _________________________ Provisions 52.212-1 Instructions to Offerors and 52.212-2 Evaluation of Commercial Items.

5. Read all ProjNet-BidSM Inquiries 5. _________________________

6. Submission of Small Business Subcontracting Plan (for Other than US Small Businesses) 6. _________________________

7. Representation and Certifications per FAR Clauses 52.212-3. 7. _________________________ If your information is already in the System for Award Management at SAM – https://www.sam.gov, it may be submitted instead of completing this section.

8. Complete as appropriate and submit clauses 52.204-17 and 52.209-5. 8. ________________________

9. Authority to Bind the Company 9. ________________________ Refer to FAR 4.102 (Contractors Signature) for required information.

All inquiries shall be submitted per using ProjNet-BIDSM. Telephone and e-mail inquiries will not be accepted.

Additional information can be found in Instructions to Offerors.

Proposals shall be sent to the electronic mail (e-mail) address below by the date and time indicated in Block 8 of the SF 1449, to the attention to:

Department of the Army Corps of Engineers, Portland District Attn: CECT-CT-S, Jeffrey S. Renner jeff.s.renner@usace.army.mil

Offers shall be in the possession of the Government prior to the closing date / time located in Block 8 of the SF 1449. Offerors shall confirm with the Contract Specialist of the receipt of offers

INQUIRIES

INQUIRIES

All inquiries regarding this solicitation are to be submitted via ProjNet-Bid℠ . Telephone and email inquiries will not be accepted. ProjNet-Bid℠ is a web-based program that allows bidders to post questions regarding the solicitation and to view all questions by other bidders and answers by USACE. ProjNet-Bid℠ can be accessed through ProjNet℠ at https://www.projnet.org/projnet/ To access the ProjNet-Bid℠ website:

1. Click on the Quick Add.

2. Select USACE from the Agency menu.

3. How to retrieve information:

(a) Enter the following information for access:

(1) The Bidder Inquiry Key DF6QCN-RTR9HV

(2) Valid business contact information (e.g. Company name, contact person, business address, phone number and email address). Required for first time users.

(3) Establish secret question and answer which will be used as a password.

(b) For subsequent access use your email address, the Bid Inquiry Key and response to the secret question to access the ProjNet- Bid℠ Module.

4. Submit questions or review questions and answers. (A bidder who submits a question will receive an automated email notification that their question has been received. When an answer is posted to a question, the question and answer is then available for all other bidders to review.

5. For additional step-by-step on how to gain access, please view Bidder_Inquiry_Instructions.pdf.

6. For questions about the ProjNet-Bid℠ , please contact the Call Center help desk toll free at 1-800-428-HELP, which operates from 8AM to 5PM (Central US time zone). ProjNet-Bid℠ questions can also be emailed to the helpdesk at staff@rcesupport.com.

NOTE: No response will be posted to inquiries after the Close of Business on the third business day preceding the solicitation due date. All bidders will be held to have reviewed the questions and responses in ProjNet-Bid℠ prior to bid submission. Nothing in the solicitation is changed unless an amendment is sent out.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Job Furnish Oil Sump Plate and Fasteners

FFP

DELIVERY: 8 months ADC (After Date of Contract)

0002 2 Job Furnish Oil Sump and Fasteners

0003 20 Each Furnish Spare Sump Plate Studs

0004 20 Each Furnish Spare Nuts for Sump Plate Studs

0005 4 Each Furnish Spare Packing Box Bolts

0006 106 Each Furnish Seal Ring Machine Screws

0007 2 Job Furnish Seal Ring Segments, One Set

0008 2 Job Furnish One New Packing Box, FFP

Gland and Lantern and Fasteners. DELIVERY: 8 months ADC (After Date of Contract)

0009 6 Job OPTION Furnish Oil Sump Plate and Fasteners

DELIVERY: See Section 05 50 03 paragraph 3.1.

0010 6 Job OPTION Furnish Oil Sump and Fasteners

0011 60 Each OPTION Furnish Spare Sump Plate Studs

0012 60 Each OPTION Furnish Spare Nuts for Sump Plate Studs

0013 12 Each OPTION Furnish Spare Packing Box Bolts

0014 318 Each OPTION Furnish Seal Ring Machine Screws

0015 6 Job OPTION Furnish Seal Ring Segments, One Set

0016 6 Job OPTION Furnish One New Packing Box, FFP

Gland and Lantern and Fasteners. DELIVERY: See Section 05 50 03 paragraph 3.1.

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 8 mths. ADC 2 THE DALLES DAM

THE DALLES DAM

USACE PORTLAND DISTRICT I84 EXIT 88

THE DALLES OR 97058-0564

541-296-1181 FOB: Destination

W9127N

0002 8 mths. ADC 2 (SAME AS PREVIOUS LOCATION)

0003 8 mths. ADC 20 (SAME AS PREVIOUS LOCATION)

0004 8 mths. ADC 20 (SAME AS PREVIOUS LOCATION)

0005 8 mths. ADC 4 (SAME AS PREVIOUS LOCATION)

0006 8 mths. ADC 106 (SAME AS PREVIOUS LOCATION)

0007 8 mths. ADC 2 (SAME AS PREVIOUS LOCATION)

0008 8 mths. ADC 2 (SAME AS PREVIOUS LOCATION)

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 N/A N/A N/A N/A

0014 N/A N/A N/A N/A

0015 N/A N/A N/A N/A

0016 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

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

52.204-3 Taxpayer Identification OCT 1998 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.219-9 Small Business Subcontracting Plan OCT 2015 52.223-6 Drug-Free Workplace MAY 2001 52.225-5 Trade Agreements FEB 2016 52.225-6 Trade Agreements Certificate MAY 2014 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 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7004 Display of Fraud Hotline Poster(s) OCT 2015 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

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

OCT 2015

252.215-7005 Evaluation Factor for Employing or Subcontracting With Members of the Selected Reserve

OCT 2008

252.216-7001 Economic Price Adjustment--Nonstandard Steel Items JUL 1997 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7000 Material Inspection And Receiving Report MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

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

Commercial and Government Entity (CAGE) code means—

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

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

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds $35,000 in value; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the

Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

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.

(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.

1. INTRODUCTION

Your firm is invited to submit a proposal in response to Solicitation Number W9127N-16-R-0037 for the project entitled “TD HEADCOVER.” The Government intends to procure this requirement on a competitive basis in accordance with the clauses set forth in FAR Part 12, Acquisition of Commercial Items, following FAR Part 15 procedures, and according to the guidelines within this solicitation. Award will be a Firm Fixed-Price Supply contract to the Offeror who provides the best value to the Government.

The Offeror’s proposal shall be submitted in digital copies, as set forth below. The Solicitation shall provide the Government address and receipt date for proposal submittal.

The Offeror’s proposal shall consist of two (2) volumes. The Volumes are 1 – Technical Proposal and 2 – Price Proposal. The use of hyperlinks in proposals is prohibited.

Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked. Offerors must be registered to do business with the Government in the System for Award Management (SAM) website found at https://www.sam.gov/.

2. SITE VISIT

A site visit is not scheduled for this requirement.

3. SUBMITTING QUESTIONS

See “Inquiries”

4. GENERAL PROPOSAL REQUIREMENTS

A. Organization – Volumes The following volumes of material shall be submitted:

1. Volume 1: Technical Proposal

2. Volume 2: Price Proposal

B. Content – General The submission shall be clearly indexed and logically assembled. Proposals must set forth full, accurate, and complete information as required by this solicitation. Absence of information will be deemed as if no support for that criterion was provided. Offerors submitting proposals should limit submission to data essential for evaluation of proposals so that a minimum of time and money is expended in preparing information required by the solicitation. Penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001. Contents of your proposal shall include:

1. Table of Contents A Table of Contents should be incorporated within Volume 1 and Volume 2.

2. Page Numbering

All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

3. Page Limits

The proposal shall not exceed 50 pages.

4. Signatures Original signature from the Offeror’s responsible party is required in box 15 of the SF1449 submitted with the Price Proposal.

C. Electronic Proposal Submittal Requirements

1. File format The electronic proposal shall be Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader.

2. Number of files

The proposal contents shall be presented in two separate .pdf files; one for the Technical Proposal and one for the Price Proposal.

3. Method of submission

The electronic version of the proposals shall be submitted via Email. Emails shall be sent to jeff.s.renner@usace.army.mil.

D. Bookmarks Electronic proposals shall be bookmarked. Bookmark titles shall match the following table. Additional bookmarks may be provided, but shall be nested under the appropriate bookmark.

REQUIRED BOOKMARKS FOR VOLUME 1: TECHNICAL PROPOSAL

Table of Contents

Factor 1: Recent Relevant Experience

Factor 2: Past Performance

REQUIRED BOOKMARKS FOR VOLUME 2: PRICE PROPOSAL

Table of Contents

Factor 4: Price Proposal

SF1449, Solicitation, Offer, and Award

Price Schedule

Small Business Subcontracting Plan

E. Hyperlinks Hyperlinks in the electronic copy are not permitted. This includes hyperlinks within document, such as Figure or Table references to the page containing that content, and hyperlinks to websites.

F. Attachments Attachments to the electronic copy, other than those included in the original data, are not permitted.

5. SUBMISSION INSTRUCTIONS

Proposals must be emailed prior to the time and date established in Block 9 of the SF1449. There will not be a public proposal opening. In order for the proposal to be considered, it MUST be prepared in ENGLISH, and must be submitted according to the requirements listed above.

Deliver to:

jeff.s.renner@usace.army.mil

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

Awards will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards from non-cost factors. The following factors shall be used to evaluate offers:

The two non-price factors: Recent Relevant Experience and Past Performance will be evaluated on an “ACCEPTABLE” or “UNACCEPTABLE” basis. In order to be considered technically acceptable, offers must be rated as “ACCEPTABLE” for both non-price factors: Recent Relevant Experience and Past Performance.

Factor 1: Recent Relevant Experience

Submission Requirements

The information provided in this factor shall reflect whether offerors have performed similar work before, not to be confused with Factor 2: Past Performance, where the evaluation is based how well offerors performed their services.

The offeror shall provide detailed narrative information for one to three projects completed, or substantially completed,* in the last five years that collectively demonstrate the following:

a) Fabricating and finished machining with a tolerance of 0.010 inch or better on a part that is a minimum of 10 feet in diameter; and

b) Experience welding thick weldments with a minimum thickness of at least 2 inches using full penetration welds on structural steel.

Information for each project shall include:

1. Project name and location;

2. Description of the project that clearly outlines the required experience stated above;

3. Project start date;

4. Project completion date;

5. Demonstration that the project is at least 75% complete;

6. Point of contact information (Name, address, telephone number)

*Substantially completed is defined as having completed more than 75% of the project work at the time of proposal submission.

Evaluation Criteria

In order for an offeror to be rated “ACCEPTABLE” for this factor, the past experience submitted by the offeror must demonstrate that the offeror has experience fabricating and finished machining with a tolerance of 0.010 inch or better on a part that is minimum 10 feet in diameter and performing full penetration weldments to structural steel with a minimum thickness of 2 inches.

An offeror will be rated “UNACCEPTABLE” if their proposal fails to meet the minimum requirements above.

Factor 2: Past Performance

Submission Requirements

The Offeror shall provide past performance information in the form of a Past Performance Questionnaire (PPQ) or a copy of previous Contractor Performance and Assessment Reporting System (CPARS) for the projects submitted under Factor 1.

Past Performance Questionnaire (PPQ): The standard PPQ for USACE is Form PPQ-0 (9/30/11). It is included in the solicitation by attachment. The Offeror is to submit a PPQ for each project the Offeror includes in its proposal for Factor 1.

1. Completed PPQs should be submitted with your proposal. If the Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the Offeror should complete and submit with the proposal the first page of the PPQ, which will provide contract and client information for the respective project(s). Offerors should follow-up with clients/references to ensure timely submittal of questionnaires.

2. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other solicitations. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

3. The Government may call references to verify Past Performance information. The Government also reserves the right to use other information, e.g. personal knowledge, pre-award survey, past performance information systems, etc. during the evaluation. While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

4. Offerors may provide copies of previous CPARS evaluation in lieu of PPQ.

Evaluation Criteria

In addition to the information submitted by the offeror, past performance information may be obtained from any other sources available to the Government to include, but not limited to, PPIRS or other databases; interviews with Program Managers, Contracting Officers, and Fee-Determining Officials; and the Defense Contract Management Agency.

Offerors will receive an ACCEPTABLE rating if, based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Offerors will receive a rating of UNACCEPTABLE if based on the offeror’s performance record the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

* Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Factor 3: Price Proposal

Offerors shall provide a complete price proposal to include pricing for all Contract Line Item Numbers (CLINs).

The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced.

pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

To be complete, the Offeror must provide all data that is requested and necessary to evaluate prices.

The Government will evaluate offers for award purposes by adding the total price for all options items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options.

The Government intends to evaluate proposals and award without discussions [except clarifications, as described in Federal Acquisition Regulation (FAR) 15.306(a)]. Therefore, the offeror’s initial proposal should contain the offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary.

SF1449, Solicitation, Offer, and Award

The SF1449 shall be filled out completely by the Offeror and signed by an official that is authorized to bind the company. The Offeror shall also provide and acknowledge all amendments in accordance with the instructions on the SF1449. The Offeror shall complete the required Annual Representations and Certifications through the System for Award Management (SAM) at http://www.sam.gov/.

This proposal will not be rated, but will be evaluated for responsiveness and completeness. A rating of “UNACCEPTABLE” will be given to those proposals with incomplete data in this section

Price Schedule

The price proposal will be evaluated to determine reasonableness. The Government will consider not only the total for all line items, but also the prices for individual Contract Line Item Numbers (CLINS) in the evaluation to ensure prices are not unbalanced. Price will be evaluated on the total for line items, to include optional items.

Small Business Subcontracting Plan

Other than U.S. Small Business (i.e. Large Business) Offerors must submit an acceptable subcontracting plan meeting the requirements of FAR 52.219-9 and DFARS 252.219-7003 (or DFARS 252.219-7004 if the Offeror has a comprehensive subcontracting plan) to be eligible for award. Large Businesses shall provide a completed Subcontracting Plan and most recent annual subcontracting report. For information on the evaluation of subcontracting plans, see Army Federal Acquisition Regulation Supplement, Appendix DD. A template has been provided as part of this solicitation but any form meeting the requirement will suffice.

Small businesses are not required to submit a Small Business Subcontracting Plan, but shall instead submit a page stating their socio-economic small business classification to satisfy this requirement.

The Subcontracting Plan will be reviewed for acceptability in the following areas:

- The offeror can meet subcontracting plan goals

- The offeror’s goals are consistent with their proposed cost or price

- The offeror will honor the terms of the subcontract agreements (i.e. timely payments of amounts owed, use of firms cited in the proposal, etc.), and

- The plan includes the offeror’s commitment to adopt and comply with its requirements and goals for small business…