15T0058_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912BU-15-T-0058 09-Nov-2015

b. TELEPHONE NUMBER

215-656-6773

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 30 Nov 2015

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.

W912BU9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUSTIN CHUNG

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

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 OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: JUSTIN CHUNG

WANAMAKER BUILDING

100 PENN SQUARE EAST

PHILADELPHIA PA 19107-3390

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 W807PM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

U.S. ARMY ENGINEER DISTRICT, VICKSBURG

N/A

2577 HAINING ROAD

VICKSBURG MS 37183

TEL: FAX:

215-656-6780FAX:

TEL: 215-656-6773 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

333923

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 OF56

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.

W912BU-15-T-0058

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Marine Deck Crane

FFP

The contractor shall provide a marine deck crane in accordance with the Statement of Work (SOW).

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

C001 PURPOSE

The Army Corps of Engineers, Marine Design Center, (MDC), is issuing this solicitation, for the acquisition of a new marine deck crane.

The crane will be placed in service on the upper deck and replace an existing deck crane on the Motor Vessel BENYAURD in the Vicksburg, MS operating area.

The crane shall be a hydraulic fixed boom marine crane with a single main hoist with a two part load block with sufficient wire rope to reach 25 feet below the rotating works at the crane’s highest elevation. The crane will be used to launch and recover the vessel’s skiff. The skiff will be un-manned during all lifts.

C002 REGULATORY STANDARDS

The manufacturer shall design and construct the crane in conformance with the following standards:

Crane shall be designed and built IAW API 2C 7th Edition.

US Army Corp of Engineers’ Safety Manual: EM385-1-1

C003 PURCHASER SUPPLIED INFORMATION PRIOR TO PURCHASE

The following information is supplied to the Offeror for correctly sizing the crane sought in this solicitation:

a) Safe working load (SWL) at desired lifting radius:

a. 10,000 lbs @ 10’ radius

b. 3,500 lbs @ 25’ radius

c. 3,000 lbs @ 30’ radius

b) Type of lifts:

a. 2400 lbs Skiff

b. Parts

c. Perishables

c) Boom Length and configuration –

a. 40 foot fixed boom

d) Type of Vessel the crane is installed on – bottom supported structure

a. Inland River towing vessel

b. Crane to be mounted on upper deck using a Government supplied above deck structure.

e) Crane elevation from heel pin to mounting deck and mounting deck to main sea level

a. Heel Pin to Main Deck: Minimum 36 inches, Maximum 10 feet

b. Main Deck to DWL: 20 feet

f) Significant wave heights for crane operation

a. Vessel operates primarily on the Mississippi River and its tributaries:

b. Max wave height: 1-2 feet

g) Wind Speeds for crane operation

a. Maximum Wind speed for safe crane operation: 40 MPH

h) Crane Calculations and Ratings Method

a. Legacy Method for no wind and no waves

i) Crane Duty cycle classification

a. Production Duty

j) Hazardous area classification

a. None

C004 CRANE TECHNICAL DELIVERABLES REQUIREMENTS

The following information shall be provided within 30 days after receipt of Notice to Proceed so that the Army Corps of Engineers - Marine Design Center, can perform calculations on intact stability and crane load handling stability to safely operate the crane on the deck of the M/V BENYAURD. The information is imperative to validate the adequate performance of the crane on the vessel, in order to ensure that the above deck foundation and the vessel’s structure can support the offered crane.

All drawings shall be prepared in CADD form, and shall conform to the American National Standards Institute (ANSI) Standard Y14. Drawings shall be flat, folded to 8-1/2” x 11” size and trimmed to within 1/2” of the outer border. Drawing size shall be format A (horizontal or vertical) or D as defined by ANSI Y14.1. In no case will drawings of any other size or format be accepted. Title blocks shall conform to ANSI dimensions and shall be submitted to MDC for approval before use. Drawings of two or more sheets shall have follow-on sheets titled according to ANSI Y14.1 for continuation sheets and shall not be separately titled.

The Contractor shall provide to the Contracting Officer's Representative copies of all documents in accordance with American Petroleum Institute (API) 2C Section 4.1 including all drawings, calculations, pertinent design documents, as well as all pre and post Contract correspondence between the Contractor and the API, including all correspondence from the API to the Contractor.

The Contractor shall also provide to the Contracting Officer's Representative, approved and stamped copies of all drawings and documents reviewed by the API, with all comments resolved (if applicable).

Pedestal and any equipment mounted to the pedestal:

The pedestal shall be considered to be all non rotating components of the crane. The pedestal is considered to be the lower and upper sections of the pedestal required in this contract:

The weight of the pedestal is = __ The height of the pedestal is = __ The diameter of the pedestal is = __ The material the pedestal is constructed from is = __ The vertical distance from the deck to the center of gravity of the pedestal is = __ The weight of any other item(s) attached to the pedestal is = __

Upperworks Weight and CG:

The Upperworks as used here, shall include the rotating works, counterweight (if provided), hydraulic power unit (if mounted on the rotating works) and all other rotating components of the crane, to include the hydraulic lift cylinders

The weight of the upperworks is = __ The weight of the counterweight alone is = __ The horizontal longitudinal distance from the axis of crane rotation to the center of gravity of the upperworks is = __ (positive if measured to the side opposite the boom) The horizontal transverse distance from the axis of crane rotation to the center of gravity of the upperworks is = __

The vertical distance from the deck to the center of gravity of the upperworks is = __ The tail swing of the crane is = __

Boom Weight and CG:

The horizontal distance from the crane rotating axis to the boom heel pin is = __ The vertical distance from the deck to the boom heel pins is = __ The weight of the 40 ft boom is = __ The straight distance from the boom heel pin to the center of gravity of the 40 ft boom is = __

Crane Weight and Overturning Moment:

Contract Drawing:

819-E330-01 NEW DECK CRANE FOUNDATION

Due to the structural design limitations of the deck of the vessel, The Government has designed a foundation (Contract Drawing 819-E330-01) that will be used to incorporate the Contractors pedestal into the foundation and tie into existing under deck structure. The Contractor shall identify the overturning moment and weight of the crane provided. The overturning moment of the crane provided with a maximum load shall not exceed 220,000 ft-lbs, and the pedestal diameter shall not be less than 26” and not more than 32”. Counterweights, or other means of reducing the overturning moment may be used. The crane shall have a maximum tail swing of 10 feet or less.

Based on the information provided, the Marine Design Center will perform calculations on the adequacy of the above deck structure and the vessel’s under deck structural strength. For this purpose the crane manufacturer shall provide the overall maximum wet weight of the crane and the maximum overturning moment of the crane.

Engraved Load Charts:

The Contractor shall provide and install engraved load charts on the crane near the operators station and storage box for the remote.

Additional Documentation:

The deliverables listed below shall be provided prior to final acceptance of the crane by the Government, Two (2) electronic copies of the following documents shall be provided. These must be a CD/DVD format due to hardware restrictions on government computers. In addition, printed and bound hard copies of the following manuals (quantity in parentheses) shall be provided:

Crane Operator’s Manual (3), Crane Parts Manual (3), Crane Capacity Manual (3), Crane Service Manual (3), Crane General Arrangement Drawing with Weights and Centers of Gravity (1) and overturning moment, Wire Rope Certificates of Compliance with ASME B 30.5 and B30.8 (1), Any systems drawings not included in the above list (3).

C005 Crane Required Capacities

Main Hoist Lift Capacities:

The main hoist of the crane shall be able to meet or exceed the fully revolving lift capacities identified below:

10,000 lbs @ 10’ radius 3,500 lbs @ 25’ radius 3,000 lbs @ 30’ radius

The crane shall be capable of performing these lifts with the 40’ boom, in a floating service condition with an allowable out of level machine list/trim limit of not less than 3 degrees. The crane shall be able to handle a minimum 3 degrees of machine list and trim simultaneously.

The crane manufacturer is required to provide all crane load capacity tables for operation of the hoist that can be considered at a minimum 3 degrees of machine list or trim. All load charts shall be in the English language using Imperial units (feet and lbs).

C006 CRANE HYDRAULIC POWER UNIT

The crane shall be powered by a electric driven hydraulic power unit. The HPU motor shall be a 480 VAC 3 phased 60 Hz marine grade motor. Motor heaters shall be provided.

All motors shall be drip-proof protected, except those exposed to the weather, which shall be of waterproof construction. All motors shall be NEMA type, and shall be sized and designed for continuous operation of the driven auxiliary at rated capacity.

All motors shall be designed for an ambient temperature of 50 degrees C.

All motors shall be equipped with anti-friction bearings. All motors using grease lubricated bearings shall be provided with grease fittings and shall have positive means for preventing grease from being forced out upon the motor windings.

The HPU can be mounted on the rotating works and shall be a self contained unit. The HPU shall not use the crane’s pedestal as a hydraulic reservoir.

All hydraulic fittings shall use stainless steel fittings. All hydraulic hoses shall utilize stainless steel hose ends.

C007 CRANE CONTROLS

The following crane controls shall be provided:

Local controls mounted on the side of the crane.

Tethered fully functioning remote control unit with neck strap and a 30 foot control link cable to the crane.

The Remote control shall be stored in a weather proof box mounted to the side of the crane when not in use.

Anti two block limit control for hoist, Load Moment Indicator (LMI) system for the boom, with “function cut-out” or “warning” operation selected via a keyed switch on the LMI console, The contractor shall protect all controls and control from both electro-magnetic and radio frequency interference.

C008 CRANE DRUM

The crane shall be provided with a single main hoist drum. The drum shall have a line speed of 50 fpm with two wraps on the drum.

The main hoist drum shall be sized to hold sufficient wire rope to allow the load block to reach the water, 25 feet below the rotating works of the crane at a 10’ radius. The operator shall be able to select the lowering mode (power down or free fall) of operation on the hoist drum.

C009 CRANE PEDESTAL

Contract Drawing: 819-E330-01 New Deck Crane Foundation

The Contractor shall provide a standard pedestal as part of this solicitation. The crane pedestal will be incorporated into an above deck foundation structure that will be constructed by the Government and welded to the deck. In order to facilitate installation of the pedestal on the vessel, the Contractor shall provide the pedestal in two sections, upper and lower. The total height of the entire pedestal shall be a minimum of 36” and a maximum of 48”

The foundation has been designed using a minimum pedestal diameter of 26” and a maximum overturning moment of 220,000 ft-lbs. The pedestal provided shall be no less than 26” diameter. Larger diameter is preferred. The lower pedestal shall be 24” in height, and shall be constructed from ASTM A588 high strength steel or better. The Contractor shall install the cross bracing in the lower pedestal section as shown in the Contract Drawing listed above.

The upper pedestal shall mate to the lower pedestal section and consist of the mounting flange for the crane, and provide access to electrical connections under the crane. The upper pedestal shall also be constructed from A588 high strength steel or greater. The Contractor shall provide the welding requirements for joining the two halves of the pedestal together.

C010 CRANE SWING SYSTEM

The swing system shall be capable of 1.5 rpm fully revolving maximum rotating speed (without hook load and with the boom up against the stops). The crane rotating bed shall be fabricated of high strength steel mounted on a turntable single row ball bearing.

The crane swing drive function shall be independent, and powered by a fixed displacement hydraulic motor coupled to a planetary gear box with internal brake. The brake shall provide 360 degree positive swing lock.

C011 CRANE BOOM

The crane boom shall be all welded steel one piece construction. The boom shall be provided with rope guides and a mechanical boom angle measuring device. The boom shall be 40 feet in length.

C012 CRANE LOAD BLOCKS

The crane shall be provided with a two part block sized for the maximum capacity of the crane.

C013 WIRE ROPE

All wire rope shall be furnished with certificate stating its conformance to the requirements of ASME B30.8.

All wire rope required for rigging the crane with the 40 ft boom and load block shall be provided.

Enough wire rope shall be provided to enable the crane to reach the water 25 feet below the rotating works with the boom at a 10’ radius. There shall always be a minimum of three wraps left on the hoist winch drum.

C014 CRANE TESTING

Crane load and operational testing shall be performed by the manufacturer at the manufacturer’s facility. Load and operational testing shall be repeated after the crane is assembled by the Government at the delivery location. The crane will be operated by a Government crane operator at all times during crane testing at the delivery location. All testing shall conform to section 16.F of EM 385-1-1. The contractor shall supply all test weights. The test weights shall be certified to the satisfaction of the government representative.

C015 CRANE FACTORY TESTING

Hoist Proof Load Test:

Proof load test the crane main hoist by lifting the certified test load and booming out to the corresponding maximum working radius.

Test crane in accordance with API 2C requirements.

Demonstrate power down capability. Raise and lower the proof load, and smoothly stop and start hoist movement at least two times in each direction to demonstrate satisfactory operation of the hoisting system.

With the test load suspended, the operator shall raise the boom to the maximum permissible boom angle, (minimum radius). During this maneuver, the operator shall smoothly stop the boom and hold the load at least two times booming up and two times booming down.

C016 CRANE OPERATIONAL TESTING

The contractor shall demonstrate the capability of the crane to swing unloaded at or above the rated speed. This test shall be performed in both directions. All Crane operational testing shall be performed in accordance with API 2C requirements.

C017 CRANE DELIVERY

Following satisfactory completion of all tests and correction of all deficiencies at the manufacturer’s facility, and receipt of all contract deliverables, the contractor shall prepare the crane for transport and deliver the crane to the following location:

US Army Corps of Engineers

M/V BENYAURD

2577 Haining Road

Vicksburg, MS 37183

C018 ASSEMBLY

The crane will be assembled by the Government on the vessel at the USACE Vicksburg dock facility. The contractor shall provide a technical representative(s) to direct and supervise unloading and assembly, and perform all testing. The government will provide the labor to assemble and test the crane. The government will provide an operator for the crane.

C019 FINAL TESTING AND ACCEPTANCE

With the crane assembled on the vessel, all tests required under sections C015 and C016 shall be repeated to the satisfaction of the government representative. The contractor shall be responsible for providing test weights sufficient to repeat the testing accomplished at the manufacturer’s facility.

Final Acceptance of the crane shall be made following successful testing of the crane on the vessel and upon verification that the contractor has delivered the crane “Assembled and Ready for Service” as defined below.

Prior to Final Acceptance, the crane shall be clean inside and out and:

All trash and delivery related material has been removed and disposed of by the contractor.

All loose items of outfit are in their proper place.

All electrical and mechanical systems are operational.

All equipment has been properly adjusted and instruments and electronics are calibrated or aligned.

All fluid consumable tanks are filled up.

All paint damaged has been repaired.

All manuals, special tools, maintenance tools, special adjustment tools and monitoring equipment have been delivered.

C020 LOCAL SERVICE PROVIDER

An approved service provider and parts supplier shall be identified within 600 miles of the location of final delivery.

The manufacturer shall indicate the name and location of the supplier along with a designated contact person in their proposal.

C021 CRANE WARRANTY

The crane warranty shall extend for two years from the date when the contractor has delivered the crane “Assembled and Ready for Service”, and the Contracting Officer’s Representative has issued Final Acceptance.

During the warranty the contractor shall be responsible for repairing and/or replacing all items of equipment or systems that are found defective or that have become inoperative.

C022 CONTRACT DURATION

The contractor shall have 180 days from the issuance of Notice to Proceed to construct, test, and deliver the crane in accordance with all of the provisions of this specification.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 180 dys. ADC 1 U.S. ARMY ENGINEER DISTRICT, VICKSBURG

N/A

2577 HAINING ROAD

VICKSBURG MS 37183

FOB: Destination

W807PM

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

BILLING INSTRUCTIONS

Correspondence and Invoices shall be forwarded to:

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

Telephone: (215) 656 - 6850

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 I - Contract Clauses

52.204-7 System for Award Management JUL 2013 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

OCT 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans OCT 2015 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 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

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy

Property

APR 2012

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal MAR 2015 252.247-7023 Transportation of Supplies by Sea APR 2014

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

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

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

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

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

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

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

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

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

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

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

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

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (OCT 2015)

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

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xi)

___ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm-fixed price contract resulting from this solicitation.

(End of provision)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(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…