W912DW19Q0073_Solicitation_Debris_Booms.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW19Q0073 30-Aug-2019

b. TELEPHONE NUMBER

206 764-6692

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 17 Sep 2019

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.

W912DW9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GREGORY COOK

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

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

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 960513 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ALBENI FALLS DAM PROJECT OFFICE

2376 HIGHWAY 2

OLDTOWN ID 83822-9243

TEL: 208-437-3133 FAX: 206-764-3682

206-764-6817FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

326199

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.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF38

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.

W912DW19Q0073

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS

Instructions to Quoters

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE COMPLETED BY

QUOTERS AND RETURNED WITH QUOTES:

IF YOUR REPRESENTATIONS AND CERTIFICATIONS ARE REGISTERED IN THE SYSTEM

FOR AWARD MANAGEMENT (SAM) CHECK HERE . IF NOT, YOU CAN

REGISTER ONLINE AT www.sam.gov

2. Request for Quote No.: W912DW19Q0073

Closing Date and Time: 17 September 2019, 2:00 P.M. Pacific Time

3. Faxed quotes will NOT be accepted. Email quotes shall be accepted before closing at e-mail address-gregory.a.cook@usace.army.mil. All emailed offers shall contain the RFQ No. W912DW19Q0073 in the subject line.

4. PROSPECTIVE CONTRACTORS: Contractors are required to be registered in the System for Awards

Management (SAM) for awards resulting from solicitations.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE A QUOTER INELIGIBLE FOR

AWARD. The web site may be accessed at www.sam.gov.

5. Award shall be made to the responsive, lowest price quoter whose quote is determined to be technically acceptable and conforms to the requirements of the solicitation. Quoter must also be determined responsible in accordance with FAR 9.104-1 to be eligible for award.

6. Required Submittals:

a) Signed and dated STANDARD FORM 1449 (Solicitation/ Contract/ Order for Commercial Items).

b) Signed and dated STANDARD FORM 30, if applicable, for any Amendments to the solicitation.

c) Completed pricing information for all CLIN items.

d) Required items in #7 below.

7. The following information is required with quotation submission:

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:

The quoter must provide pricing for all items in the solicitation for its quote to be acceptable to the Government.

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

The contractor should list any special features or warranty information applicable to the quoted product(s) in accordance with the attached Scope of Work.

SCOPE OF WORK

Clark Fork Debris Facility Replacement Booms Supply

1. General: This acquisition is for two sections of debris boom totaling 225 feet, with options for an additional two sections totaling 230 feet, with associated accessories for Albeni Falls Dam.

2. Objective: Provide 225 feet of undamaged debris boom, with options for an additional 230 feet, with associated accessories and related equipment which meets the provided specifications to Albeni Falls Dam in Oldtown, ID.

3. Project Overview: The Drift Facility is a series of booms that direct woody debris from the Clark Fork River into a debris collection holding area. The Drift Facility is located approximately 3.5 miles northwest of Clark Fork, Idaho. The debris booms consist of sections totaling approximately 6,400 linear feet of shear booms in three (3) different locations beginning at the mouth of the Clark Fork River and ending at the debris collection holding area further north. This contract will focus on the acquisition of booms which will replace segments of shear booms that are actively failing. Image 1 provides an overview of the Drift Facility.

4. General Project Requirements:

4.1. The boom design shall direct debris downstream into the drift facility.

4.2. The replacement booms shall be an engineered product, modular, and a commercially available manufactured product.

4.3. Shear boom units will be designed to eliminate in-line open spaces or gaps between units where debris can lodge and prevent the natural movement of debris along the face of the barrier.

4.4. Shear boom units shall be designed to integrate with the existing barrier to assure debris shears properly along the face of the barrier system.

4.5. The booms shall be designed to remain in place during all seasons and site conditions.

4.6. The product service life should exceed 20 years with minimal maintenance.

4.7. The new booms shall not utilize wood, treated or not treated.

4.8. Boom units will be designed to allow assembly and maintenance with 3 to 4-person crew and no specialized tools or equipment.

4.9. Boom segments shall be delivered to the location identified in Item 13 of this document. The contractor will be responsible for unloading and stockpiling all booms delivered.

4.10. The booms shall be mounted on a structure to provide adequate spacing and support for delivery and storage. Each boom shall be supported to preclude contact with another boom. Each structure or support, or rack used to transport the booms shall be retained by the Government for storage of the booms.

5. Boom Specifications:

5.1. Booms sections shall be water tight, corrosion free, rot-resistant, UV-stable, and able to withstand temperatures to 40 degrees Fahrenheit below freezing; material shall not be vulnerable to biological attack, provide low friction factors and resistance to fouling.

5.2. Booms shall offer the capacity for high deformation without fracture and be sized in a diameter and wall thickness with fittings and components that meet site specific strength requirements.

5.3. There shall be no wear or maintenance connections located below the waterline.

5.4. Boom shall be supplied with a minimum of a 4 ft tall front debris screen that extends from the water line to the top of the float and a minimum of 2 ft below the water line. Screen shall be solid material.

5.5. Boom shall be supplied with a zero gap flexible debris panels between boom sections. The flexible panel shall completely fill the gap between debris screens including the gap underwater.

5.6. Boom shall include a personnel walkway along the entire length of the boom that would be utilized for during maintenance and inspection activities. The walking platform at minimum shall be 3 ft wide. The walking platform shall have a non-slip surface.

5.7. Boom floatation units shall be filled with closed cell non-water absorbing foam fill that must take up a minimum of 95% of the interior volume of the boom.

5.8. Boom shell shall be International Orange color. Color resin shall be integrally molded into the boom. Final color must be approved by the government prior to supply.

5.9. Reparability: The boom sections shall be replaceable with required sections readily available from the boom manufacturer.

5.10. Must be suitable for installation in site where peak design wind speed is 90 miles per hour.

5.11. Withstand a horizontal drag force of 14,000 lbs per 100 foot boom segment.

5.12. Debris screen should be able to withstand direct head on impact from an 18" diameter, 100 ft log.

5.13. Must hold up to consistent wave action up to 5 feet in height.

5.14. Maximum water velocity 11 feet per second in area of desired boom placement.

5.15. Must withstand pool fluctuation between 2045 feet to 2062.5 feet.

5.16. Design load must include a 400 feet wide, 4 feet deep debris pile, along the entire length of the boom during peak water velocity. Assume turbulent water conditions. Debris often consists of 60 to 100 foot long trees.

5.17. Minimum safety factor of 2.0 must be used when determining the design loads based on site conditions.

5.18. All metallic parts to be hot dipped galvanized according to ASTM A 123/A 123M and ASTM A 153/A

153M as applicable.

5.19. Boom shall be USA made. All metallic components, chains, wire rope, shackles, pins, and materials that bare appreciable load shall be domestic material only with certifications from the manufacture that the material is domestic.

5.20. Booms shall be supplied by a manufacturer offering standard interchangeable sections with standard options for diameter, wall thickness, and connection fittings.

5.21. Booms will be connected to existing pilings. Largest span between two dolphin pilings is 90 ft. This shall be the used for force calculations.

6. Boom to Dolphin Piling Connection Specification:

6.1. Dolphin connections must include: galvanized chains, quick links, and / or any other hardware or materials required to connect the boom to the existing wood and metal dolphins. Image 2 and Image 3, display the existing dolphin Pilings.

6.2. The supplied booms will be inserted in an existing rigid boom system, so the new booms will be required to attach to dolphin pilings wherever they happen to line up with an existing dolphin. Additionally, this connection must be field serviceable so that project staff can remove and replace individual boom segments without the use of cutting tools.

6.3. Connection criteria must be specified by the boom supplier to ensure performance criteria can be met and warranty can be maintained.

6.4. Connections must withstand the loading identified in Section 4, which is transferred from the boom.

6.5. Current boom to piling connection provides a wing that prevents debris getting caught on the back side of the pilling. New connection shall incorporate a design that provides the same protection as the current boom wing.

6.6. All surfaces that contact the dolphin piles shall include non-stick polymer wear pads with a wall thickness of not less than 1.5-inch.

7. Existing Boom to New Boom Connection Specifications

7.1. Boom connections must include: galvanized chains, quick links, and / or any other hardware or materials required to connect the boom to the existing wood shear booms and Elastec boom. Image 4 displays a shear boom currently installed. Attachment 1 is a typical shear boom installed at the facility. Image 6 is a photo of current Elastec booms.

7.2. Connection from new to old or old to new shall incorporate a design which would allow for a seamless transition as identified in Section 3.3 and 3.4.

7.3. Connection criteria must be specified by the boom supplier to ensure performance criteria can be met and warranty can be maintained.

7.4. Connections must withstand the loading identified in Section 4

8. Items to be Supplied

8.1. Base Bid Item 0001- Debris Boom System

One prefab boom system112 feet long.

Booms supplied must meet the requirements identified in Section 4.

The new booms must be supplied with the connections per the requirements of Section 5, to connect to the two set of wooden Dolphins.

The new booms will connect to existing shear booms upstream and downstream. Those connections must meet the requirements identified in Section 6.

8.2. Base Bid Item 0002- Debris Boom System

One prefab boom system 113 feet long.

Booms supplied must meet the requirements identified in Section 4 The new booms must be supplied with the connections per the requirements of Section 5, to connect to the two set of steel Dolphins.

The new booms will connect to existing Elastic booms downstream. This connections must meet the requirements identified in Section 6.

8.3. Option Item 0003- Debris Boom System

**Option Item 0003 can be awarded multiple time up to 2 times**

One prefab boom system 115 feet long.

Booms supplied must meet the requirements identified in Section 4 The new booms must be supplied with the connections per the requirements of Section 5, to connect to the two set of Dolphins.

The new booms will connect to existing shear booms upstream and downstream. This connections must meet the requirements identified in Section 6.

9. Publications: The design of this spillway barrier shall follow the references below at a minimum; the publications listed below (latest revision applicable and should be reviewed by interested vendors for understanding) form a part of this specification to the extent referenced herein. The publications are referred to within the text by the designation only.

9.1. American Society for Testing and Materials (ASTM) Test Methods

9.1.1. ASTM A 123/A 123M

9.1.2. ASTM A 153/A 153M

10. Quality Assurance:

5.1 All boom components shall be new units not previously used for any other purpose. They shall be undamaged when delivered and be handled and stored so as to prevent damage. Booms shall be stored on level surface

5.2 All material and equipment shall be protected against loss, damage by corrosion, weather, overstressed components, or contamination by foreign materials.

5.3 Contractor shall repair or replace any material or equipment damaged during delivery, at no cost to the Government, and without impact to the required delivery date.

5.4 Rejection: Any boom components that are delivered to the site in a damaged condition or that are not in conformance with this specification shall be rejected. Any rejected materials shall be replaced with suitable materials, at no additional cost to the Government.

5.5 The surface of the boom and the boom end connections shall be free from cracks, burrs, warpage, checks, chipped or blistered surfaces, and shall have a smooth surface.

5.6 All connecting components used to connect the boom sections shall be free of cracks, burrs, and shall have a high quality and smooth surface.

11. Warranty:

11.1. The warranty shall be issued directly to the Government.

11.2. The warranty period shall be no less than 5 years from the date of Government acceptance of the finished work.

11.3. The warranty shall include parts and material.

12. Submittals:

12.1. Design Data: Component strength design calculations for boom and boom linkage components with certificates of compliance certifying that all components that bare appreciable load exceed the calculated design loads to include the required safety factor noted in section 4. Peak load shall be on design criteria shown in Contract Drawings. Worst case load scenarios and assumptions used shall be supplied with design data.

12.2. Engineered Drawings: Engineered drawings, stamped by a registered P.E., for the booms and all components that bare appreciable load must be submitted for acceptance before shipping.

12.3. Product Data: Manufacturer's Literature and Equipment Data for (i) booms, (ii) foam fill (iii) hardware, including bolts, anchor bolts, inserts, nuts, washers, chains, turnbuckles, dimensions, material specifications, working loads and ultimate loads, as applicable. In addition, the product data shall include testing certificates from an independent laboratory verifying the strength of the connecting hardware and materials used.

12.4. Warranty: Certificates of Warranty per specifications of Section 9.

12.5. Operation and Maintenance Manuals: Documents identifying operational procedures and maintenance activities required to be performed. Training shall be provided to government on maintenance requirements including inspection techniques as well as periodicity of required maintenance to comply with warranty requirements.

13. Delivery: Contractor shall be responsible for maintaining the product‘s condition as specified until the point of acceptance. Delivery is FOB destination. Equipment with associated accessories shall be shipped to the following address:

US Army Corps of Engineers Albeni Falls Dam 2376 E. Hwy 2 Oldtown, ID 83822

Attn: Ben Puyleart Phone 208-437-3133 ext. 205

14. Delivery Schedule: Delivery must be completed within 90 calendar days after award of the purchase order.

Image 1: Overview of Drift Facility.

Image 2: Dolphins 106 and 107

FOR REFERENCE ONLY

Image 3: Dolphin 1

Image 4: Existing Shear Boom

FOR REFERENCE ONLY W912DW19Q0073

Image 5: Elastec Boom

FOR REFERENCE ONLY W912DW19Q0073

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

Debris Boom System One prefab boom system 112 feet long in accordance with the specifications detailed in the attached Scope of Work.

FOB: Destination

FFP

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

Debris Boom System One prefab boom system 113 feet long in accordance with the specifications detailed in the attached Scope of Work.

FOB: Destination

FFP

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Each OPTION Debris Boom System

One prefab boom system 115 feet long in accordance with the specifications detailed in the attached Scope of Work.

**Option Item 0003 may be awarded up to 2 times** FOB: Destination

FFP

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 ALBENI FALLS DAM PROJECT OFFICE

2376 HIGHWAY 2

OLDTOWN ID 83822-9243

208-437-3133

960513

0002 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 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

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021)

MAY 2019

52.217-5 Evaluation Of Options JUL 1990 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-26 Equal Opportunity SEP 2016 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 FEB 2016 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-1 Buy American--Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.247-34 F.O.B. Destination NOV 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 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 FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

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

or

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

Commercial and Government Entity (CAGE) code means--

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

or

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

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

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.

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

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

Technical Submittal. Quoter shall submit the following:

1) Detailed documentation (i.e. drawings, pictures, reports, product specifications, cut sheets, etc.)

demonstrating how their proposed product meets, or can meet with minor modifications, all requirements identified in Section 4.1 of the Scope of Work (SOW).

2) Documentation demonstrating 5 years of experience manufacturing waterway barriers specifically for like as or similar applications.

3) Manufacturer shall supply documentation identifying, at a minimum, 3 projects that have been successfully deployed for no less than 5-years in similar site conditions as identified in the SOW.

The documentation supplied should at a minimum identify the following; project name, owner name, owner contact info, date of install, type of system installed, length of system installed, design velocity of system, design loads on the system, and photos.

Acceptable: Quoter provides documentation meeting all requirements identified in the Technical Submittal Section above.

Unacceptable: Quoter documentation fails to demonstrate meeting all requirements identified in the Technical Submittal Section above.

Award shall be made to the responsive, lowest price, responsible quoter whose quote is technically acceptable and conforms to the requirements of the solicitation.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“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 size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in 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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.

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 electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each

WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or…