W912DW22Q0041 Mud Mountain Dam Fish Passage Transport Tanks.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW22Q0041 10-Aug-2022

b. TELEPHONE NUMBER

206-764-6659

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 26 Aug 2022

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

GERALDINE L KEMP

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

206-764-6817FAX:

TEL: 206-316-3168 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332420

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)

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.

W912DW22Q0041

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO VENDORS

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE COMPLETED BY

VENDORS 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. Marking of Email Quotation Submittal:

Email Quotation submission shall be plainly marked as follows:

Quote for: Mud Mountain Dam Fish Transport Facility, Enumclaw, WA

Request for Quote No.: W912DW22Q0041

Closing Date and Time: 26 August 2022, 10:00 am. PST

AMENDMENTS NUMBERED________HAVE BEEN RECEIVED

3. Email quotations only. Faxed quotes will NOT be accepted. Email quotes shall be accepted before closing at e-mail address Geraldine.L.Kemp@usace.army.mil.

4. The propsective contractor submitting a quotation in response to this request for quotation (RFQ) is required to be registered in the SAM (System for Awards Management) at the time of the quotation submission in order to be eligible for award.

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.

5. THIS ACTION REQUIRES PROOF OF EXPERIENCE IN MANUFACTURING FISH

TRANSPORT TANKS IN ORDER TO BE CONSIDERED FOR AWARD. PLEASE PROVIDE

DESCRIPTIVE LITERATURE OR CAPABILITY STATEMENT ALONG WITH QUOTATION

SUBMISSION THAT IDENTIFIES AT LEAST ONE (1) SIMILAR PROJECT COMPLETION.

THIS PROCUREMENT ACTION IS 100% SET ASIDE FOR SMALL BUSINESSES.

LACK OF REGISTRATION IN THE SAM DATABASE AT THE TIME OF QUOTATION

SUBMISSION WILL MAKE A QUOTE INELIGIBLE FOR AWARD.

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

6. Award shall be made to the responsive and responsible vendor with the lowest priced quote.

7. Required Submittals:

a) Instruction Page (2 pages)

Paragraph 1 – Indicate if you are registered in SAM (System for Award Management) Paragraph 2 – Must acknowledge any/all amendments to the solicitation.

http://www.sam.gov/ mailto:Geraldine.L.Kemp@usace.army.mil http://www.sam.gov/

Paragraph 5 – Must provide capability statement or descriptive literature of previous fish transport tank experience Paragraph 8 – Must fill in all company information requested

b) Fill in all pricing information using the attached pricing schedule.

c) FAR Provision 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS— Commercial Items --Alternate 1(NOV 2021)

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.

8. 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:

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

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

11. Please submit questions regarding this solicitation not later than 22 August 2022, 5:00 pm PST.

http://www.sam.gov/

MUD MOUNTAIN DAM FISH PASSAGE FACILITY

ENUMCLAW, WA

PRICING SCHEDULE

Base Items

Item Description of Item Quantity Unit Unit Price

0001 Supply Fish Transport Tank 1 Each

0002 Supply Fish Transport Tank 1 Each

Option Items

Item Description of Item Quantity Unit Unit Price

0003 Supply Fish Transport Tank 1 Each

0004 Tank upgrade to Stainless 3 Each

TOTAL ALL ITEMS (0001-0004) ______________

PURCHASE DESCRIPTION

MUD MOUNTAIN DAM FISH PASSAGE FACILITY

REPLACEMENT FISH TRANSPORT TANKS

1. Project Overview: The Mud Mountain Dam Fish Passage Facility is designed to transport migrating salmon upstream to allow the fish to bypass Mud Mountain Dam located on the White River. The transportation is done via flatbed pickups that are mounted with 1,200 -gallon water tanks. The tanks are fitted with oxygen to sustain the fish while in transport. Existing tanks are aged and are in need of replacement. Additionally, the new fish loading mechanism at the facility has a large head deferential and emits large volume of water resulting in blown seals as well as structural damage.

2. Location:

US Army Corps of Engineers 25305 SE Mud Mountain RD, Enumclaw WA, 98022

3. General Project Requirements:

3.1. All items supplied under this contract shall be delivered to the location identified in Section 2 of this document.

3.2. The contractor will be responsible for offloading the new tanks upon delivery.

3.3. Tanks supplied shall meet the minimum criteria identified in Section 4 of this document.

3.4. Prior to starting fabrication on the Fish Transport Tanks, the Contractor shall submit for government approval, stamped engineered design drawings of the Fish Transport Tanks along with engineering calculations for those designs. Supplemental info shall also be provided for the different tank components.

3.5. Contractor shall attend an in-person project kickoff meeting after award of the contract. The meeting will take place at the Fish Passage Facility and is will last no more than 2 hours. During this time, contractor will have the opportunity to inspect and measure the existing tanks as well as observe the fish loading equipment.

3.6. Upon delivery of the tanks, contractor shall conduct one session of a training for the maintenance and operating staff. The training period duration shall be 4 hours at a minimum. The training shall include all of the items contained in the operating and maintenance instructions as well as demonstrations of routine maintenance and operations of the equipment. The Government shall be given at least two weeks advance notice prior to the training taking place. Training shall be performed during the hours of 0700 and 1500, Monday through Friday. Training shall not occur on a Federal Holiday.

3.7. All aluminum fabrication shall conform to AWS D1.2/D1.2M. All Stainless Steel welding shall conform to AWS D1.6/D1.6M. All material and equipment shall be new and unused. All welds shall be free of slag.

Unit shall be built by an ASME compliant shop using highest quality of workmanship and conforming to standard manufacturing practices for this type of structures.

4. Fish Transport Tank Specifications:

4.1. Fish Transport Tanks and associated components shall meet the following performance criteria:

• Rated for transport on Washington State Highways at speeds up to 70 MPH

• Tank shall be completely watertight. No leaks of any kind shall be observed while the tank is being loaded, emptied, or transported while either completely full or partially.

• The tank and all components shall be rated for outdoor use, corrosion resistant and UV-stable

• Tank and all components shall be able to withstand outdoor temperatures ranging from -20 degrees and up to 110 degrees Fahrenheit

• The tank system is to be designed to transport live adult fish including salmon and other ESA listed fish

• Internal tank components shall be recessed or covered with accessible panels that do not allow aquatic species access to swim behind or under

• The interior of the fish holding tank shall be smooth with no protrusions, sharp edges, notches, burrs or any other rough or irregular surfaces which may cause damage to the fish species being transported and released

• All tank components, valves, fittings, plumbing, fasteners, etc. that are in any way connected to the water in the fish holding compartments, shall be free of lead, heavy metals, or any other contaminates which may leach into the water

• Tank and internal components shall be designed to withstand pressure from 30ft of head. During the fish loading procedures, the fish transport tank will mate to an overhead storage tank that contains water with a depth of 30ft.

• Overall tank design should be reflective of the existing fish transport tanks. Its worth noting existing tank design (shape and metal thickness), is insufficient for current site conditions.

Attachment 01, displays images of existing fish transport tanks and are provided as reference.

• Material selected shall be so that corrosion due to dissimilar metals shall not be possible

• Mountable to a flatbed of a truck

• Electrical power for the tank’s systems shall draw from existing truck electrical system

4.2. Fish Transport Tank shall incorporate the following features and or components:

• Equipped with a lockable hatch. The hatch cover shall be attached to the top of the tank with a rotatable arm that allows the cover to be rotated completely out of the way and fully exposing the opening flange to accept the fish release assembly that will be lowered from above. Top hatch opening shall have a 40 inch inside diameter.

• The fish release opening shall be a 24-inch diameter round opening. The dimensions of the release outlet for the tank shall mimic the dimensions of the existing tank. This will allow the new tanks to be compatible with the existing release shoot. Refer to Attachment 01 for dimensions.

• A screened 4-inch drain valve positioned in the center of the release hatch for potential drawdown of the tank prior to opening the hatch gate

• 100 gallon internal supplemental tank for flushing sediment and remaining fish upon release. The tank shall fill passively through a screened opening overflow between the main tank and the supplemental tank.

• An air actuator control system that will allow the operator to open and close the release hatch and the internal tank.

• The base of the tank shall be sloped from the walls to the center and from the front to the rear to facilitate drainage of water and fish to the rear outlet opening.

• Shall be equipped with a fish life support and monitoring transport system capable of 24 hour minimum continuous operation with a loading density of 1/2 pound of fish per gallon of water.

An automated oxygen system shall include but is not limited to regulators, flow meters, micro bubble diffusers, control valves, isolation valves, and related plumbing. The system shall be capable of maintaining at least 10 parts per million of dissolved oxygen. The system shall be capable of wireless display in the cab of the truck where the driver can monitor vitals during the trip. The display shall include audio/visual alarms for dissolved oxygen with set points of Low

7.5 ppm, High 12 ppm. Display shall also indicate water temperature. The system shall be equipped with redundant components to ensure transport success should any component fail to operate during transport.

• Flush with floor oxygen diffusers. Supply lines to the diffuser shall not protrude above tank floor.

• The Oxygen system shall have the capability of automatically regulating dissolved oxygen levels to user defined parameters by energizing or de-energizing diffusers at a preset point.

• Oxygen rack(s) to securely hold two Type K Oxygen Cylinders during transportation of fish.

• Manual oxygen controls shall be located in a metal waterproof panel located at the front of the tank

• A sensor shall be installed to automatically alert the driver, via a conspicuous mounted green light, that is visible from the drivers mirror when the oxygen tank pressure falls below 300 psi.

• Tank shall incorporate a separate aeration system. The aeration system shall be designed to provide supplemental oxygen introduced to the tank from an exterior mounted pumped system.

• Tanks shall be equipped with pressure relief devices to keep tank equalized with atmospheric conditions

• Equipped with an overflow drain at top of the tank

• Water level indication sight tubes shall be installed on the tank

• Ladders/ Catwalk install on side of the tank to allow access to the hatch lid and other components on the top of the tank. Catwalk shall be aluminum and incorporate a non-slip walking surface.

Catwalk shall have include a hand rail. Walkway and ladder shall be compliant with requirements of EM 385-1-1. Minimum width of walkway shall be 24 inches.

• Lifting eyes and forklift pockets to allow tank to be transported and loaded

4.3. Fish Transport Tanks shall have a capacity of 1,200 gallons. Fish Transport Tank shall be fabricated out of aluminum. Thickness of metal, metal type, and location of structural support shall be the responsibility of the manufacturer and shall be designed and stamped by a licensed engineer.

4.4. Fish Transport tank will be mountable to the top of a flatbed that is 14 ft long and is 8 ft wide. The length and width dimensions of the fish transport tank supplied shall not exceed the footprint of the flat bed.

Refer to Attachment 01 for images of existing flatbed truck and fish transport tanks.

4.5. In addition to industry standard design criteria, one of the load factors evaluated, for both the tank structure and tank components, shall include transportation of a fully loaded tank on Washington State Highways. Evaluations shall include stopping, accelerating, and turning. Same evaluation shall be performed if tank capacity is only partially utilized.

4.6. Minimum safety factor of 2.0 must be used when determining the design of the tank and tank system components.

4.7. The contractor shall perform an internal inspection prior to field tests. All testing shall be witnessed by a Government Representative, unless specifically waived by the Government. The Government will reserve the right to reject any test with results that do not meet requirements of this Purchase Description Document. The Contractor shall be responsible for all costs and schedule impacts due to repeating a failed test. If any deficiencies are found, they shall be corrected before unit is shipped.

4.8. Upon the delivery, the full operations of the tanks shall be demonstrated by the contractor. This includes but not limited to filling of main tank and supplemental tank, releasing all water, and oxygen system operations. If any deficiencies are found, the Government will not take position of the tanks. The contractor shall make all necessary corrections, at their own cost, before unit is handed over to the government. Upon completion of repairs, additional tests shall be conducted by the contractor, onsite at the government facility, to demonstrate that all deficiencies have been resolved.

5. Items to be Supplied

5.1. Base Bid Item 0001- Supply 1 Fish Transport Tanks

• Fish Transport Tank shall meet the specification requirements identified in Section 4.

• Fish Transport Tank shall be supplied with Operations and Maintenance (O&M) manuals.

• Fish Transport tank shall be supplied with two full Type K Oxygen Cylinders.

• Transport Tank shall be supplied with the necessary hardware to allow the tank to be mounted to the flatbed of a truck. Hardware shall be rated for the loading conditions identified in section 4.

5.2. Base Bid Item 0002- Supply 1 Fish Transport Tanks

• Fish Transport Tank shall be supplied with Operations and Maintenance (O&M) manuals.

• Fish Transport tank shall be supplied with two Type K Oxygen Cylinders.

• Fish Transport Tank shall be supplied with the necessary hardware to allow the tank to be mounted to the flatbed of a truck. Hardware shall be rated for the loading conditions identified in section 4.

5.3. Option Bid Item 0003 Supply 1 Fish Transport Tanks

• Fish Transport Tank shall be supplied with a copy of the Operations and Maintenance (O&M) manual.

• Fish Transport Tank shall be supplied with two Type K Oxygen Cylinders

• Transport Tank shall be supplied with the necessary hardware to allow the tank to be mounted to the flatbed of a truck. Hardware shall be rated for the loading conditions identified in section 4.

5.4. Option Bid Item 0005 Upgrade Tanks to Stainless Steel

• This CLIN will only be awarded if Option Bid Item 0003 is awarded.

• This CLIN will be awarded with the initial contract award or not at all.

• Contractor shall upgrade the tank material for Base Bid Item 0001, Base Bid Item 0002, and

Option Item 0003 from aluminum to Stainless steel.

• Stainless steel used shall be of the following:

o Stainless Steel Bars and Plate ASTM A276/A276M Type 304L or 316L o Structural Steel ASTM A572/A572M Grade 50 o HSS Tubing ASTM A500/A500M Grade A

• Thickness of metal and location of structural support shall be the responsibility of the manufacturer and shall be designed and stamped by a licensed engineer.

• Material selected for other tank components shall be so that corrosion due to dissimilar metals shall not be possible

6. Quality Assurance:

6.1. The Fish Transport Tanks 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.

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

6.3. 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.

6.4. Rejection: Fish Transport Tanks 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.

7. Warranty:

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

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

7.3. The first two years of the warranty shall include material, parts, and labor.

7.4. Warranty for years 3-5 shall be for parts and material.

8. Submittals:

8.1. Warranty: Certificates of Warranty per specifications of Section 7. To be provided at the time of tank delivery.

8.2. Operation and Maintenance Manuals: Documents identifying operational procedures and maintenance activities required to be performed.

8.3. Stamped Engineering Design Drawings: Design drawings for the Fish Transport Tanks stamped by a licensed Engineer from one of the 50 US states. To be provided for Government approval prior to starting of manufacturing.

8.4. As-builts/shop drawings to be provided at the time of tank delivery.

9. Period of Performance: Contractor shall deliver all items no later than 150 days after the award of the contract. If any of the Option items are to be awarded, they will be awarded as the same time as the base Items.

Award of the Option items will extend the POP for this contract by 30 days.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

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

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2022

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2022) Alternate I

OCT 2014

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

MAY 2022

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-33 (Dev) Nonmanufacturer Rule (DEVIATION 2020-O0008) SEP 2021 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7014 Limitations on the Use or Disclosure of Information by

Litigation Support Contractors

MAY 2016

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

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.211-7003 Item Unique Identification and Valuation MAR 2022 252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7012 Preference For Certain Domestic Commodities MAR 2022 252.225-7020 Trade Agreements Certificate--Basic NOV 2014 252.225-7048 Export-Controlled Items JUN 2013 252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

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

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

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

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement 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.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

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

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

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

1341), the following shall govern:

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

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

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

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

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

(End of clause)

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of provision)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

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

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/far.html

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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

(b) The use in this solicitation of any provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

http://www.acquisition.gov/ http://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/far.html