W912BU-10-R-0034.pdf

Section B - Supplies or Services and Prices

Construct, Test and Deliver six stop logs (three special stop logs and three regular stop logs) and eight lift assemblies for the Corps of Engineers, Nashville District. There are separate options for two additional regular stop logs.

ITEM UNIT TOTAL

NUMBER ITEM QTY. UNIT PRICE PRICE

0001AA PLANNING & SCHEDULING 1 JOB XXXX $________

0001AB CONSTRUCT, AND TEST six stop logs. (three special and three regular). 1 JOB XXXX $________

0001AC SUPPLY EIGHT CHAIN ASSEMBLIES 1 JOB XXXX $________

0001AD DELIVERY six stop logs and eight chain assemblies. 1 JOB XXXX $________

TOTAL ITEM 0001AA-0001AD 1 JOB XXXX $________

0002 (OPTION 1) CONSTRUCT, TEST AND DELIVER

one regular stop log. 1 JOB XXXX $________

If the Government exercises the optional line item (0002), the option will be exercised no later than September 30, 2010

0003 (OPTION 2) CONSTRUCT, TEST AND DELIVER

one regular stop log. 1 JOB XXXX $________

If the Government exercises the optional line item (0003), the option will be exercised no later than September 30, 2010.

INSERT LOCATION WHERE THE WORK WILL BE PERFORMED:

The Government may reject an offer as non-responsive if it is materially and mathematically unbalanced as to price for any offered item or combination of offered items. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices, which are significantly overstated for other work.

Refer to contract Section M for EVALUATION FACTORS FOR AWARD criteria.

Section C - Descriptions and Specifications

Section C of this solicitation is included as an attachment in Fed Biz Opps under the name of “ Technical Specifications”.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

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

Section F - Deliveries or Performance

F01 CLAUSES INCORPORATED BY REFERENCE

52.211-8 Time of Delivery JUN 1997 52.211-11 Liquidated Damages--Supplies, Services, or Research and

Development

SEP 2000

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

F02 PERFORMANCE

FAR 52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires completion of all work and delivery to be made in accordance to the following schedule:

REQUIRED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM DATE OF NOTICE

NUMBER DESCRIPTION QUANTITY TO PROCEED

0001AA PLANNING, AND 1 job 30 calendar days

SCHEDULING

0001AB CONSTRUCT, 6 Stop Logs 320 calendar days

AND TEST

0001AC SUPPLY EIGHT 1 LS 320 calendar days

CHAIN ASSEMBLIES

0001AD DELIVER SIX STOP 1 job 320 calendar days

LOGS AND EIGHT

CHAIN ASSEMBLIES

Optional Items:

NUMBER DESCRIPTION QUANTITY TO PROCEED

0002 CONSTRUCT, TEST 1 job 320 calendar days

AND DELIVER ONE

REGULAR STOP LOG

0003 CONSTRUCT, TEST 1 job 320 calendar days

AND DELIVER ONE

REGULAR STOP LOG

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered non-responsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

NUMBER DESCRIPTION QUANTITY TO PROCEED

0001AA PLANNING, AND 1 job _____ calendar days

SCHEDULING

0001AB CONSTRUCT, 6 Stop Logs _____ calendar days

AND TEST

0001AC SUPPLY EIGHT 1 LS _____ calendar days

CHAIN ASSEMBLIES

0001AD DELIVER SIX STOP 1 job _____ calendar days

LOGS AND EIGHT

CHAIN ASSEMBLIES

0002 CONSTRUCT, TEST 1 job _____ calendar days

AND DELIVER ONE

REGULAR STOP LOG

0003 CONSTRUCT, TEST 1 job _____ calendar days

AND DELIVER ONE

REGULAR STOP LOG

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than one day after the award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of Notice To Proceed rather than the date the written notice is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding five days for delivery of the award through the ordinary mails. If, as so computed, the offered delivery date is later than the required date, the offer will be considered non-responsive and rejected.

(End of Clause)

F03 PLACE OF DELIVERY

The Contractor shall deliver the stop logs and chain assemblies ready for service at the following location:

U.S. Army Corps of Engineers U.S. Army Engineer District, NASHVILLE

Tennessee River Operations Center At Wilson Lock

Tennessee River, Mile Mark 259.4R (Florence, Alabama)

F04 LIQUIDATED DAMAGES

FAR 52.211-11 LIQUIDATED DAMAGES – SUPPLIES, SERVICES OR RESEARCH AND

DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay the sum of:

For Line Item 0001AA........................................................................................... $200.00

For Line Items 0001AB, 0001AC, and 0001AD (including Optional Line Item 0002 if exercised and including Optional Line Item 0003 if exercised); ........................... $1200.00

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Termination for Default - Fixed Price, Supply and Services clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Termination for Default - Fixed Price, Supply and Services clause of this contract.

(End of Clause FAR 52.211-11)

Section G - Contract Administration Data

1. Contract Administration is retained by the Contracting Officer:

U.S. Army Engineer District, Philadelphia Attn: CENAP-CT (Catherine Schoenherr) Wanamaker Building, Room 643 100 Penn Square East Philadelphia, Pennsylvania 19107-3390

Telephone: (215) 656 - 6764

2. Contract Management will be performed by the Marine Design Center:

Correspondence and Invoices shall be forwarded to:

U.S. Army Corps of Engineers Attn: CEMDC (Gerald Delaney, COR) Wanamaker Building, Room 630 South 100 Penn Square East Philadelphia, Pennsylvania 19107-3391

Telephone: (215) 656 - 6850

Note: The Marine Design Center is the “Designated Billing Office” as defined by Part II – Contract Clauses – Section I, “Prompt Payments”.

An ENG Form 93 shall be submitted for all progress payments.

3. Payment by:

U.S. Army Corps of Engineers Finance Center 5720 Integrity Drive Millington, TN 38054-5005

4. Accounting and Appropriation Data: To be furnished at time of award.

CLAUSES INCORPORATED BY FULL TEXT

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

Section H - Special Contract Requirements

H01 CONTRACT ORGANIZATION

A. PLANNING AND SCHEDULING

Planning and Scheduling is CLIN 0001AA of the contract and commences only after receipt by the contractor of a Notice of Contract Award (Award) and a Notice To Proceed (NTP) with line item CLIN 0001AA, “PLANNING AND SCHEDULING,” respectively. In this first phase of the contract, the contractor is required to present planning information that demonstrates a logical, orderly and workable approach to the contract, perform other engineering if required, and develop the contract schedule.

The schedule for CLIN 0001AA and CLIN 0001AB, CLIN 0001AC, and CLIN 0001AD shown below in paragraph C, presumes completion of Phase I prior to the issuance of a Notice To Proceed (NTP) for Phase II, “CONSTRUCT, TEST AND DELIVER”.

Faliure of the contractor to perform in the allotted time will result in the application by the Government of Liquidated Damages. See Section F.

B. CONSTRUCT, TEST AND DELIVER

Construct, Test, and Deliver comprises three line items in the contract: CLIN 0001AB, CLIN 0001AC, and CLIN 0001AD, and will commence only after completion of the Planning and Scheduling phase and receipt by the contractor of Notice to Proceed with these three line items, respectively. During this second phase of the contract, the Construction Progress Chart shall be updated and maintained, the stop logs constructed, the chain assemblies supplied, and tests performed. Delivery will commence only after completion of construction and testing, and receipt by the contractor of a letter of PROVISIONAL ACCEPTANCE. This phase of the contract is completed with receipt by the contractor of a letter of FINAL ACCEPTANCE and submittal of all final documents.

Faliure of the contractor to perform in the allotted time will result in the application by the Government of Liquidated Damages. See Section F.

C. PHASE SEQUENCING

It is intended that the two phases will be performed sequentially.

The time allotted for each phase spans an interactive process involving both the contractor and the Government. This process includes preparation, review and approval of the phase submittals, contract administration, mailing, preparation and issuance of Notices To Proceed.

In order for the contractor to plan the work and for the Government to properly apply Liquidated Damages and Termination Clauses, a graphic identifying the sequence milestones and the performance period allotted to each milestone has been developed and is shown on a following page.

The graphic shows the two basic contract phases. Each contract phase is further subdivided into the milestones that must be completed within each phase and the amount of time allowed to accomplish each. Note that the total time allowed for each phase of the contract matches the “REQUIRED DELIVERY SCHEDULE” in Section F. The graphic will be updated to reflect the successful offeror’s proposed schedule if it is shorter than the required schedule.

The milestones and periods of performance identified in the graphic are contract requirements.

The contractor must be aware that the quality, completeness, and detail of the submittals have a direct bearing on the approval process. Extended review iterations will extend the time required to receive approval of the submittals and will subject the contractor to assessment of Liquidated Damages or Termination for Default.

CLIN 0001AA, CLIN 0001AB, CLIN 0001AC & CLIN 0001AD

Receipt by Contractor of NTP Phase I (Planning and Scheduling)

P ha se I

C al en da r D ay s al en da r D ay s

RECEIPT @ MDC OF INITIAL SUBMITTAL OF ALL PHASE I DELIVERABLES

D

RECEIPT BY CONTRACTOR OF NTP PHASE II (CONSTRUCT, TEST AND

DELIVER)

P ha se I

I

C al en da r

D ay s

C al en da r D ay s

CONSTRUCT, TEST AND DELIVER

Final Acceptance

O

N T

R A

C T

P H

A S

E S

E Q

U E

N C

IN

G

H02 CONTRACTOR SUBMITTALS

A. PLANNING & SCHEDULING PHASE SUBMITTALS

The following is a summary of the items that the contractor must submit during the Planning and Scheduling Phase of this contract. All items must be received, reviewed and approved by the COR before a Notice

To Proceed (NTP) will be issued for the Construction, Test, and Deliver phase of the contract. The following items are required to be submitted during this phase (see the Submittal Register in Section 01 00 50):

SUBMITTAL ITEM SPECIFICATION SECTION

PARAGRAPH

Construction Plan ........................................................................................................... H03 Contractor’s Safety Plan................................................................................................. H04 Fabrication Shop Storage Plan ................................................................................ 01 00 00, 1.4 Submittal Register ................................................................................................... 01 33 00, 1.8 Contractor Quality Control Plan .................................................................................01 45 01 Welding Procedures for Structural Steel .....................................................................05 50 14 Weld Details................................................................................................................05 50 14 Materials List..........................................................................................................05 50 14, 2.1.2 Welding Procedure Specifications (WPS) .............................................................05 59 13, 1.2.3 Fracture Control Plan (FCP) ..................................................................................05 59 13, 1.2.4 Weld Tracking Log Template ................................................................................05 59 13, 1.2.1 Work Plan ............................................................................................................... 05 59 13, 1.2 Shop Drawings .......................................................................................................05 59 13, 1.4.5 Assembly................................................................................................................05 59 13, 2.1.2 Welding Repairs – Non-Fracture Critical Members ..............................................05 59 13, 2.2.7 Welding Repairs – Fracture Critical Members.......................................................05 59 13, 2.2.7 Qualification of Welders & Welding Operators.....................................................05 59 13, 1.4.1 Inspector Qualifications .........................................................................................05 59 13, 1.4.2 Qualification of Structural Steel Fabricator ...........................................................05 59 14, 1.4.3 Acceptance Testing Plan .............................................................................................35 20 14

B. CONSTRUCT, TEST & DELIVER SUBMITTALS

The following is a summary of the items that the contractor must submit after a Notice To Proceed (NTP) with the “CONSTRUCT, TEST AND DELIVER” phase of the contract is issued. All items must be received and approved by the COR before Final Payment will be made. The following items are required to be submitted during this phase (see Submittal Register in Section 01 00 50):

SUBMITTAL ITEM SPECIFICATION SECTION

PARAGRAPH

Materials Orders.....................................................................................................05 50 14, 2.1.1 Shipping Bill ...............................................................................................................05 50 14 Materials Disposition Records ....................................................................................05 59 13 Delivery/Shipping Plan ...............................................................................................05 59 13 Field Splicing of the Furnished Segment ....................................................................05 59 13 Product Data, Materials Disposition Records ........................................................05 59 13, 2.1.3 Test Reports Certified Test Reports ........................................................................ 05 59 13, 2.2 Test Reports Welding Tracking Log......................................................................05 59 13, 1.2.2 Test Reports Witness Points.................................................................................... 05 59 13, 1.4 Field Reports – Control Dimensions ...........................................................................05 59 13 Samples – Paints..........................................................................................................09 97 02 Samples – Solvent & Thinners....................................................................................09 97 02 Lift Chain Pre-Use Inspection Documentation ...........................................................35 20 14 Lift Chain Component Identification Information ......................................................35 20 14

H03 CONSTRUCTION PLAN

After receipt of the Notice To Proceed with Line Item 0001AA, the contractor shall develop and submit to the Contracting Officer’s Representative the contractor’s proposed plan for the construction of the stop logs.

The output shall be prepared in a format similar to the USACE standard ENG Form 2454 (Construction Progress Chart). The ENG Form 2454 represents a simple bar chart in Government form. A copy of a similar form is included in Section J. At the contractor’s request, the Government will furnish a copy of ENG Form 2454 to him.

The contractor may also use commercial, networking scheduling software, such as Microsoft Project, so long as the output appears similar to the ENG Form 2454 and can be used to monitor progress.

The plan will be a summary level view of the contract. The plan will show the contractor’s proposed starting date, duration in weeks, ending date, and percentage completion (both as planned and as achieved) for all of the major activities of the contract. The plan shall also show the amount of the total bid price (percent and actual dollars) associated with each activity. The plan will also have the progress “S” curve plotted (both as planned and as achieved).

The activities shown on the chart shall be developed by the contractor and shall include, as a minimum, the following:

Planning & Support Bonding (if applicable) Scheduling Fabrication of the special stop logs Fabrication of three regular stop-logs Fabrication of two regular stop-logs (if optional items CLIN 0002 and CLIN 0003 are exercised) Testing of the stop logs Acquisition and supply of the chain assemblies Delivery of the stop logs and the chain assemblies

In addition, the following milestone events, as a minimum, shall be marked on the chart time-line:

Award of Contract Notice to Proceed with Planning and Scheduling Notice to Proceed with Construct, Test and Deliver Tests and Trials Provisional Acceptance Final Acceptance Delivery

After initial submittal and acceptance by the COR, the plan shall be updated and submitted monthly with the Progress Payment Request.

H04 CONTRACTOR’S SAFETY PLAN

After Notice To Proceed with Line Item 0001AA, the contractor shall submit a Safety Plan for the facility at which the work is to be performed.

The contractor’s Safety Plan shall outline the procedures used by the contractor to ensure the safety of his employees and minimize lost-time accidents.

The Safety Plan shall identify by name and title the contractor’s Safety Officer who is responsible for enforcing the contractor’s safety rules and the contractor’s designated “Competent Person” (29 CFR 1915.7) who is responsible for testing the atmosphere for any confined or enclosed spaces.

H05 MATERIALS LIST

After Notice To Proceed with CLIN 0001AA, PLANNING AND SCHEDULING, the contractor shall submit his Materials List for the stop logs and chain assemblies.

The Materials List shall identify the major or schedule controlling components and equipment in the contract, estimated delivery time for each, the selected vendor and planned date of ordering. The Materials List shall be in “spread sheet” format.

Upon written approval of the Materials List by the COR, the contractor may commence procurement of any or all of those items on the plan. The Materials List should be updated and submitted with each pay estimate.

Progress payments will be made in accordance with H07, PROGRESS PAYMENT BASED ON A

PERCENTAGE OR STAGE OF COMPLETION.

H06 CONSTRUCTION PROGRESS PHOTOGRAPHS

The contractor shall provide monthly photographs deliverable in digital format.

The photographs shall document the construction progress, the testing, and delivery of the stop logs and the chain assemblies.

The photographs shall be in JPG file format with a minimum resolution of 300 dpi.

Approximately 15 or 20 photographs shall be provided monthly. The quantity of photographs shall be commensurate with the level of production.

The contractor shall provide a minimum of 8 final photographs showing the completed stop logs at the time of delivery. The final photographs shall be of a minimum resolution of 1200 dpi.

H07 PROGRESS PAYMENT BASED ON PERCENTAGE OR STAGE OF COMPLETION

The Government shall pay the contractor the contract price as provided in this contract.

The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets standards of quality established under the contract, as accepted by the Contracting Officer. If requested by the Contracting Officer, the contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of work, in such detail as requested, to provide a basis for determining progress payments.

In the preparation of estimates, the Contracting Officer may authorize payment for material delivered to the site and at locations other than the site may also be taken into consideration if---

Consideration is specifically authorized by this contract; and

The contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract.

If the Contracting Officer finds that satisfactory progress was achieved during any period for which progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of fifteen percent (15%) of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the contractor all remaining withheld funds.

All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be considered as---

Relieving the contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or

Waiving the right of the Government to require the fulfillment of all of the terms of the contract.

In making these progress payments, the Government shall, upon request, reimburse the contractor for the amount of premiums paid for performance and payment bonds (including co-insurance and reinsurance agreements, when applicable) after the contractor has furnished evidence of full payment to the surety. The retainage provision preceding shall not apply to that portion of progress payments attributed to bond premiums.

The Government shall pay the amount due the Contractor under this contract after---

Completion and acceptance of all work; and

Presentation of a properly executed voucher.

Notwithstanding any other provision of this contract, progress payments shall not exceed eighty percent (80%) on work accomplished on undefinitized contract actions. A “contract action” is any action resulting in a contract as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes Clause, or funding and other administrative changes.

Section I - Contract Clauses

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

SEP 2007

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

MAR 2009

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.204-11 American Recovery and Reinvestment Act--Reporting

Requirements

MAR 2009

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation MAR 2009 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Cost or Pricing Data--

Modifications

OCT 1997

52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-21 Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data--Modifications

OCT 1997

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

JUL 2005

52.219-8 (DEV) Utilization of Small Business Concerns (DEVIATION) MAY 2004 52.219-9 Alt II (Dev)

Small Business Subcontracting Plan (Apr 2008) Alternate II (Deviation)

OCT 2001

52.219-25 (DEV) Small Disadvantaged Business Participation Program-- Disadvantaged Status and Reporting (DEVIATION)

APR 2008

52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-19 Child Labor -- Cooperation with Authorities and Remedies AUG 2009 52.222-20 Walsh-Healey Public Contracts Act DEC 1996 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-50 Combating Trafficking in Persons FEB 2009 52.222-54 Employment Eligibility Verification JAN 2009 52.223-11 Ozone-Depleting Substances MAY 2001 52.223-14 Toxic Chemical Release Reporting AUG 2003

52.223-16 Alt I IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 200&0 Alternate I

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.226-1 Utilization Of Indian Organizations And Indian-Owned

Economic Enterprises

JUN 2000

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.229-3 Federal, State And Local Taxes APR 2003 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims JAN 1986 52.232-25 Prompt Payment OCT 2008 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-2 Production Progress Reports APR 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items APR 2010 52.246-23 Limitation Of Liability FEB 1997 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

MAY 2004

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

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

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.215-7000 Pricing Adjustments DEC 1991 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007 252.225-7002 Qualifying Country Sources As Subcontractors APR 2003 252.225-7006 Quarterly Reporting of Actual Contract Performance Outside the United States

MAY 2007

252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7013 Duty-Free Entry DEC 2009 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings MAR 2006 252.225-7021 Trade Agreements NOV 2009 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006

252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

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

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

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

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

52.228-16 PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)

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

Original contract price means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity.

Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price.

(c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 10 days after award of contract, but in any event, before starting work.

(d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure the additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds.

(e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at http://www.fms.treas.gov/c570/.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

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 supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 365 days after delivery--

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

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

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect..

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, 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. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.arnet.gov/far/ http://farsite.hill.af.mil/vffara.htm http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

Section J - List of Documents, Exhibits and Other Attachments

J01 CONTRACT DRAWINGS & DOCUMENTS

The following drawings shall form a part of this solicitation. All drawings will be provided to the successful bidder in electronic file form.

Drawing Number Title

Title Sheet & Index 02-L2-20/55 R3 110 ft Lock Stop Logs - Special Stop Logs - General Layout 02-L2-20/56 R3 110 ft Lock Stop Logs - Special Stop Logs – End Assembly Details 02-L2-20/57 R4 110 ft Lock Stop Logs - Special Stop Logs – Sections & Details 02-L2-20/58 R2 110 ft Lock Stop Logs - Regular Stop Logs - General Layout 02-L2-20/59 R2 110 ft Lock Stop Logs - Regular Stop Logs – End Assembly Details 02-L2-20/60 R3 110 ft Lock Stop Logs - Regular Stop Logs – Sections & Details 02-L2-20/61 R0 110 ft Lock Stop Logs – Fabrication Tolerances 02-L2-20/62 R0 110 ft Lock Stop Logs – Regular & Special Stop Logs –

Lift Chain & Details

J02 SAMPLE CONSTRUCTION PROGRESS CHART

Contract clause H03 requires that the contractor submit a construction progress plan. The successful offeror may request that the Government furnish a copy ENG Form 2454 in order to meet this requirement.

The contractor may also generate a chart similar to that shown on the next page to meet the requirements of contract Clause H03.

W912BU-10-R-0034

J03 SMALL, SMALL DISADVANTAGED, WOMEN-OWNED SMALL, HUBZONE SMALL,

VETERAN-OWNED SMALL AND SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SUBCONTRACTING PLAN

DATE:________________________

CONTRACTOR: _________________________________________________________

ADDRESS: _____________________________________________________________

SOLICITATION OR CONTRACT NUMBER: _________________________________

ITEM/SERVICE: _________________________________________________________

The following, together with any attachments, is hereby submitted as a Subcontracting Plan to satisfy the applicable requirements of Public Law 95-507 as implemented by OFPP Policy Letter 80-2. NOTE: To assist you in preparing your subcontracting plan, the U.S. Army Corps of Engineers considers the following goals reasonable and achievable for fiscal year 2010:

(a) Small Business: 70.0% of total planned subcontracting dollars

(b) Small Disadvantaged Businesses (SDB), including Historically Black Colleges and Universities or Minority Institutions: 6.2% of total planned subcontracting dollars*

(c) Women-owned small businesses (WOSB), 7.0% of total planned subcontracting dollars*

(d) Hubzone Small Business (HubSB), 9.8% of total planned subcontracting dollars *

(e) Veteran-Owned 3.5% of total planned subcontracting dollars *

(f) Service-Disabled Veteran-Owned 2.0% of total planned subcontracting dollars *

*small business concerns owned and controlled by.

1. (a) The following percentage goals (expressed in terms of a percentage of total planned subcontracting dollars) are applicable to the contract cited above or to the contract awarded under the solicitation cited.

(i) Small Business Concerns: _______% of total planned subcontracting dollars under this contract will go to subcontractors who are small business concerns.

(ii) Small Disadvantaged Business Concerns: _______% of total planned subcontracting dollars under this contract will go to subcontractors who are small concerns owned and controlled by socially and economically disadvantaged individuals. This percentage is included in the percentage shown under 1.(a)(i) above, as a subset.

(iii) Women-Owned Small Business Concerns: _______% of total planned subcontracting dollars under this contract will go to subcontractors who are women-owned small business concerns. This percentage is included in the percentage shown under 1.(a)(i) above, as a subset.

(iv) HUBZone Small Business Concerns: _______ % of total planned subcontracting dollars under this contract will go to subcontractors who are small business concerns located in a historically underutilized business zone which is an area located within one or more qualified census tracts, qualified nonmetropolitan counties, or lands within the external boundaries of an Indian reservation and appear on the List of Qualified HUBZone Small Business Concerns maintained by the SBA. (http://www.sba.gov/hubzone/).

(v) Veteran-Owned Small Business Concerns: _______% of total planned subcontracting dollars under this contract will go to subcontractors who are service-disabled veteran-owned small business concerns.

(vi) Service-Disabled Veteran-Owned Small Business Concerns: _______% of total planned subcontracting dollars under this contract will go to subcontractors who are service-disabled veteran-owned small business concerns.

(b) The following dollar values correspond to the percentage goals shown in (a) above.

(i) Total dollars planned to be subcontracted to small business concerns:

(ii) Total dollars planned to be subcontracted to small disadvantaged business concerns:

This dollar amount is included in the amount shown under 1.(b)(i) above, as a subset.

(iii) Total dollars planned to be subcontracted to women-owned small business concerns:

This dollar amount is included in the amount shown under 1.(b)(i) above, as a subset.

(iv) Total dollars planned to be subcontracted to HUBZone small business concerns:

(ii) Total dollars planned to be subcontracted to veteran-owned small business concerns:

(ii) Total dollars planned to be subcontracted to service-disabled veteran-owned small business concerns:

(c) The total estimated dollar value of all planned subcontracting (to all types of business concerns) under this contract is $_____________________________________.

(d) The following principal products and/or services will be subcontracted under this contract, and the distribution among small, service-disabled veteran-owned small, HUBZone small business, small disadvantaged, and women-owned small business concerns is as follows:

(Products/services planned to be subcontracted to…