A.01.02_-_Solicitation_W912DW18Q0066.pdf

HIRAM M. CHITTENDEN LOCKS

3015 NW 54TH ST

SEATTLE WA 98107-4299

TEL: 206-789-2622 FAX: 206-782-3192

W68MD980942524

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912DW18Q0066 12-Jul-2018 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

23-Jul-2018(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

206-316 -3877DARRELL D HUTCHENS

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912DW18Q0066

Section A - Solicitation/Contract Form

INSTRUCTIONS TO QUOTERS

Instructions

1. Only email quotes shall be accepted before closing on 23 July 2018 at 10:00 am (Pacific). E-mail address is darrell.d.hutchens@usace.army.mil.

The Subject line will state “W912DW18Q0066 – Lake Washington Ship Canal (LWSC) Concrete Repair.”

2. Faxed quotes will NOT be accepted.

3. This solicitation is Set-Aside for Small Business

4. Required Submittals:

a. Instruction Page

b. Acknowledgement of any/all amendments to the solicitation.

c. Fill in all pricing information.

d. All information requested in paragraph 6.

All of these must be filled in and returned in order to be eligible for evaluation.

DO NOT return the rest of the solicitation form.

5. The contractor is required to provide the following information with your quote:

Federal Taxpayer’s ID Number:

DUNS Number:

Cage Code Number This requires registration in SAM, web site for registration is www.sam.gov Remit to Address:

Company Name:

Address:

City/State/Zip:

Phone & Fax Numbers:

Point of Contact:

E-Mail Address:

6. All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.

7. The contractor should list any special features or warranty information applicable to the quoted product(s).

8. The Government will award a contract resulting from this solicitation to the responsive, responsible offeror with the lowest priced quote.

9. The magnitude of construction is between $25,000 and $100,000.

10. Wage Determinations: Use WA 95 which is included in the solicitation.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

CONCRETE REPAIR AT LWSC

Perform concrete repairs at the 41 locations in accordance with the Statement of Work. Please refer to Attachment 1 and 2 of the solicitation for locations.

FOB: Destination

PURCHASE REQUEST NUMBER: W68MD980942524

FFP

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

OPTION SIDEWALK REPAIR AT MONTLAKE CUT

WATERSIDE TRAIL

Replace the damaged sidewalk in accordance with the Statement of Work. Please refer to Attachment 1 and 2 of the solicitation for locations.

FOB: Destination

FFP

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Concrete Repair at Lake Washington Ship Canal (LWSC)

1. DESCRIPTION OF WORK: Provide all plant, labor, tools, equipment, and materials and perform all work in strict accordance with this Statement of Work, all Federal, State and Local codes and regulations and all applicable industry standards to:

Perform concrete repairs at Lake Washington Ship Canal and on the Montlake Cut Waterside Trail, located in Seattle WA.

The word “Perform” shall be defined as DESIGN, FURNISH, INSTALL, TEST and MAKE READY FOR

USE.

2. GENERAL REQUIRMENTS FOR ALL WORK:

2.1. All concrete work must comply with EM 1110-2-2000 (Standard Practice for Concrete for Civil Work

Structures) and EM 1110-2-2002 (Evaluation and Repair of Concrete Structures).

2.2. One year warranty against any defects in material or workmanship.

2.3. Disposal of all demolished material must occur offsite.

2.4. Contractor shall take necessary precautions to minimize debris falling in water.

2.5. Contractor shall match the color of new concrete and new patchwork with the color of the aged concrete currently in place.

2.6. All patching and concrete work must be flush with surrounding area to avoid trip hazards and for cosmetic purposes.

2.7. Fall protection must be worn when working near the Lock Walls.

2.8. Contractor must provide their own signs, cones, barricades, etc. to secure each work location.

3. PRINCIPAL ITEMS TO BE ACCOMPLISHED ARE:

3.1. Base Bid Item 0001 – Perform Concrete Repairs at Lake Washington Ship Canal

General items of work to be accomplished in Item 0001

3.1.1. Perform concrete repairs at the 41 locations identified in Attachment 1 and Attachment 2. For each damaged area identified, the repair shall consist of mechanically removing all loose material, prepping of the surface for epoxy application, application of the epoxy product, curing of epoxy product, and clean up.

3.1.2. For patching that shall be done on a horizontal surface, a Belzona 4111 product or equivalent shall be used.

If an equivalent epoxy product is used, it should meet the following characteristics:

Minimum Compressive Strength of 10,000 psi Minimum adhesion pull off strength of 500 psi on dry concrete Minimum Shore D hardness of 70 Minimum Flexural strength of 5000 psi

3.1.3. For patching that shall be done on a vertical surface, a Belzona 4141 product or equivalent shall be used. If an equivalent epoxy product is used, it should meet the following characteristics:

Minimum Compressive Strength of 5000 psi Minimum adhesion pull off strength of 500 psi on dry concrete

Minimum Flexural Strength of 2000 psi Minimum of 4 inch thick application on vertical surfaces without needing support

3.1.4. The application of the epoxy material must be performed in accordance with that manufacturer’s specifications. Preparation of the surface areas that will receive the epoxy material is part of the application process.

3.1.5. For damaged locations that have been previously patched, the contractor shall remove at a minimum a ¼ of an inch of the old patch material. In addition to patching the damage, the contractor shall patch the area where the material was removed. This will allow the patched area to have one uniform.

3.1.6. For locations that are patched with Belzona 4141 or an equivalent epoxy, the repaired location must be coated with an abrasion resistant product. The abrasion resistant coat shall be Belzona 5233 or equivalent product having the following minimum characteristics:

Minimum Adhesion pull off strength of 400 psi on dry concrete Minimum Shore D hardness of 70 Clear in Color Resistant to salts

3.1.7. At damage locations 21, 22, and 23 shown in Attachment 1 and Attachment 2, the PVC drain pipe is broken. When patching these locations, the PVC drain pipe must not be sealed. New segments of pipe must be installed at these locations so that the drainage pipe extends to the end of the Lock Wall to allow for proper drainage.

3.1.8. After patching is complete, contractor shall reestablish existing joints through the patched material.

3.1.9. Washington Ship Canal experiences heavy pedestrian traffic. The contractor shall phase work in a way to minimize impacts to pedestrian traffic. Full blockages of roadways and walkways at LWSC will not be allowed. Partial blockages are allowed with approval from the Operating Project Manager (OPM).

3.2. Option Bid Item 0002 – Perform Sidewalk Repair on the Montlake Cut Waterside Trail

General items of work to be accomplished in Item 0002

3.2.1. Replace the damaged sidewalk area identified in Attachment 1 and Attachment 2 with new. Current concrete is cracked and has created tripping hazards. In addition, a void space had developed underneath the concrete sidewalk. It is estimated the void space is 6 ft. in depth and is approximately 2 cubic yards in volume. Entrance to void space is showed in Attachment 2. Contractor shall confirm the void space during the site visit as the volume could have changed.

3.2.2. Demolition and remove existing damaged section of the concrete pedestrian path. Void spaces immediately adjacent to the seawall should be backfilled with a clean pea gravel or rounded washed rock. Vibration shall be applied to the gravel to induce settlement. Any soils that are or become soft, wet and or disturbed should be removed. Place and mechanically compact a minimum 4 inches of 1 ¼ inch or 5/8 inch minus crushed rock as a base course for new section of sidewalk. Construct 4 inch thick concrete sidewalk with a minimum compressive strength of 4000 psi. Provide expansion joints, cap and sealant in accordance to industry standard.

3.2.3. Efforts must be made to salvage the railway system currently in place at this location. If railway is not salvageable, new replacement shall match what is currently installed.

3.2.4. Joint spacing in the new concrete shall match the concrete joint spacing of the non-damaged portion of the trail.

3.2.5. Site location is inaccessible by full size vehicles (standard pickup, car, etc.). During the site visit, contractor shall verify what type, if any, compact motorized vehicles can enter the site.

4. SPECIFICATIONS: The following specifications are pertinent to this project.

SpecificationTitle UFGS 02 41 00 Demolition and Deconstruction UFGS 03 01 30.71 Concrete Rehabilitation UFGS 03 30 00 Cast-In-Place concrete UFC 3-270-01 Concrete Crack and Partial Depth Spall Repair

5. PRE-BID SITE VISIT

5.1. A pre-bid site visit is scheduled for 18 July 2018. The site visit will initially take place at Lake Washington Ship Canal (LWSC). The address for LWSC is 3015 NW 54th St, Seattle, WA 98107. All bidders must contact the Contracting Officer 24 hours prior to the site visit so that their name can be added to the contractor visitor list. All parties will initially meet at the Lake Washington Ship Canal Administrative Building. After LWSC, the team will drive to Montlake Cut Waterside Trail located roughly 5 minute walk from West Montlake Park, 2815 W Park Dr E, Seattle, WA 98112.

6. CONDITIONS AFFECTING CONSTRUCTION

6.1. Work Coordination:

6.1.1. The Contractor shall attend a pre-construction meeting prior to commencing construction activities. The

Contractor shall contact the Project Manager within five (5) days of issuance of the Notice to Proceed to establish a date and time for the pre-construction meeting. The Contractor shall submit a proposed site-specific construction schedule and a proposed site-specific work plan at the meeting for approval unless such items have been previously approved by the Government. The schedule shall be in sufficient detail to identify all aspects of the work including any special circumstances or conditions. The schedule shall show project tasks with durations and start and finish times. During construction, biweekly coordination meetings are required. The Contractor’s Superintendent shall schedule the biweekly coordination meeting with the Construction Representative (QA) and Operating Project Manager. The Contractor will keep minutes of all meetings, and will provide copies of such minutes to the Government within 2 days following the meeting.

6.2. Interface with Others:

6.2.1. Government and public use of these facilities is anticipated while the work under this contract is being performed. The work shall be planned and accomplished so that there will be minimum interference and inconvenience to the users of the facility. Blockage of any roadways and walkways at Lake Washington Ship canal is not allowed. Blockage of the Montlake Cut Waterside Trail is allowed if properly coordinated with the LWSC’s Operations Project Manager (OPM) and the Project Manager (PM). The Contractor is responsible for daily cleanup of all work areas.

6.3. Construction Restrictions:

6.3.1. Working Hours: The Contractor is required to work within the hours of 0700-1630, Monday through

Friday. Any requests to work outside of these hours require a seven (7) working days written notification to the PM and the LWSC’s OPM.

6.3.2. Laws, Rules, Regulations and Compliance: All Contractor and subcontractor employees shall observe and comply with all applicable local, State and Federal laws, rules and regulations, including those concerning fire, safety, sanitation, security, vehicle operation, and hazardous material handling while performing this contract. All construction shall meet or exceed applicable industry standards related to materials and workmanship. The Contractor shall be responsible for obtaining any permits, approvals or licenses required to perform the work.

6.3.3. Safety Requirements: The current edition of the U.S. Army Corps of Engineers Safety and Health Manual, EM 385-1-1 (30 Nov 2014), shall be considered a part of this contract and will be enforced as such. The most recent Safety Manual can be found here:

http://www.usace.army.mil/SafetyandOccupationalHealth/EM38511,2008BeingRevised.

aspx

6.3.4. The OPM, PM, and Construction Representative shall be notified immediately of any deviations or variations from the applicable Specification or Reference Drawings or this Statement of Work.

6.3.5. Contractor shall provide all utilities required to support construction efforts not being provided by the Government as stated in Section 7 below.

6.4. Security:

6.4.1. All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

6.4.2. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

6.4.3. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

7. CONSTRUCTION FACILITIES:

7.1. The Government shall make available to the contractor, from existing outlets and supplies, reasonable amounts of potable water without charge. The contractor shall reasonably conserve potable water furnished. The Contractor at their own expense shall install and maintain necessary temporary connections and distribution lines and shall remove the connections and lines prior to final acceptance of construction. No potable water is available at the Montlake Cut Waterside Trail site.

7.2. Subject to available supply, reasonable amounts of electric current shall be made available by the Government, without charge, to the contractor for performing work at work area. The contractor shall carefully conserve electricity furnished. No electricity is available at the Montlake Cut Waterside Trail site.

7.3. At the Lake Washington Ship Canal location, Contractor will have access to the public restrooms. The Contractor shall provide portable toilet facilities for the use of personnel on site at the Montlake Cut Waterside Trail site.

7.4. If requested by the Contractor, a staging area may be provided for the Contractor, if available.

7.5. In addition to the requirements of any other contract clauses, the Contractor shall protect all Government property within the work area, and shall be responsible for any damage to Government property caused by Contractor or subcontractor personnel during the performance of this contract.

8. SUBMITTALS:

8.1. The following submittals will be kept on the job site; if a job trailer is not available they will be kept on site in the superintendent’s vehicle: Accident Prevention Plan, and the Work Plan/Quality Control Plan. The Accident Prevention at a minimum shall contain the following documentation: equipment safety checklists (initial & dailies), required training records, Activity Hazard Analyses, safety meetings, crane inspections & crane operator qualifications (if required), and the qualifications of the SSHO.

8.2. All items listed below are required per the contract specification to be submitted for review or approval as indicated.

Any proposal deviations to the design shall be submitted for approval prior to start of work.

Activity Submittal

Project Schedule (Government Approval prior to construction start).

Schedule

Accident Prevention Plan (Government Approval prior to construction start)

Hazard analysis.

Site specific safety plan.

Pedestrian Traffic Control

Work Plan (Government Approval prior to construction start)

Identification of definable features of work.

Methods of performance

Materials (Government Approval prior to construction start)

Specifications for Epoxy Materials

Drawings (Government Approval prior to construction start)

Incidental Sketch Design

8.3. All submittals, must be sent to the KO, PM, and OPM of this project via email.

9. CONTRACT COMPLETION REQUIREMENTS: The Contractor shall provide the items indicated below to the

KO, PM, and OPM prior to contract completion:

CONTRACT COMPLETION REQUIREMENT YES NO

Redlines / As-builts

O & M Manuals

9.1. Warranty: In addition to the standard one year warranty, the Contractor shall pass all manufacturers’ extended warranties to the Government.

10. PERFORMANCE PERIOD:

10.1. The Contractor is required to commence work under this contract within ten (10) calendar days after the date of issuance of the Notice to Proceed (NTP) for the Base Item(s), prosecute the work diligently, and complete all work on all Base Item(s) no later than 90 calendar days after the date of issuance of the Notice to Proceed for the Base Item(s). The time stated for completion includes final cleanup of the premises and submission of all required close-out documentation.

10.2. Award of Options

10.2.1. The Government may award any of the Option Item(s), or none at all, but any Option Item(s) will be awarded not later than 60 days after the date of issuance of the Notice to Proceed for the Base Item(s).

10.2.2. For any Option Items awarded prior to the issuance of Notice to Proceed for the Base Item(s), the total duration of this Task Order including base and option items shall not be extended. If any Option Items are awarded after the date of issuance of Notice to Proceed for the Base Item(s), the time for completion of all Base and Option Item(s) under this Task Order shall be 120 days after the issuance of Notice to Proceed for the Base Item(s).

11. POINTS OF CONTACT:

Operations Project Manager – Jonathan Hofstra Jonathan.C.Hofstra@usace.army.mil

Project Manager – Slava Govorushkin Phone: (206) 764-6748 Vyacheslav.v.govorushkin@usace.army.mil

Quality Assurance - Carey Mellott

Phone: (206) 595-8447 Carey.D.Mellott@usace.army.mil

12. ATTACHMENTS:

Attachment 1: Locations of Concrete Damage at Lake Washington Ship Canal and Montlake Cut Waterside Trail Attachment 2: Photos of Concrete Damage at Lake Washington Ship Canal and Montlake Cut Waterside Trail

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 Destination Government 0002 N/A N/A Destination Government

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.217-5 Evaluation Of Options JUL 1990 52.219-13 Notice of Set-Aside of Orders NOV 2011 52.222-5 Construction Wage Rate Requirements--Secondary Site of the

Work

MAY 2014

52.222-6 Construction Wage Rate Requirements MAY 2014 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records MAY 2014 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and

Related Regulations

MAY 2014

52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-27 Affirmative Action Compliance Requirements for

Construction

APR 2015

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

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

AUG 2011

52.225-10 Notice of Buy American Requirement--Construction Materials

MAY 2014

52.228-2 Additional Bond Security OCT 1997 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.236-2 Differing Site Conditions APR 1984 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

APR 1984

52.236-12 Cleaning Up APR 1984 52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.236-17 Layout of Work APR 1984 52.242-14 Suspension of Work APR 1984 52.243-5 Changes and Changed Conditions APR 1984 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238110.

(2) The small business size standard is $15,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

XX (i) 52.204-17, Ownership or Control of Offeror.

XX (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

ITEMS) (JAN 2018).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(iv) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (NOV 2017).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (JUL 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

www.acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of 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.

(e) 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 of 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.

(f) 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 that 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 that reasonably could have been avoided.

(g) 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.

(h) Warranty. The Contractor warrants and implies that the items delivered…