W912DW23Q0007 NPDES I-O RACKS.pdf

SEE ADDENDUM

(No Collect Calls)

W912DW23Q0007 07-Dec-2022

b. TELEPHONE NUMBER

206-764-6084

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 28 Dec 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

MONIQUE A PAANO

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 ORX

SMALL BUSINESS

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 960527 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CHIEF JOSEPH DAM PROJECT OFFICE

ISAAC J. HENDRICKSON

HIGHWAY17 AND PEARL HILL ROAD

BRIDGEPORT WA 98813-1120

TEL: (509) 873-1926 FAX:

206-764-6817FAX:

TEL: 206-316-3168 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

334513

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 OF21

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.

W912DW23Q0007

Section SF 1449 - CONTINUATION SHEET

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. Subject line for emailed quote shall be marked as follows:

W912DW23Q0007 – NPDES Data Acquisition (DAQ) I/O Racks

3. AMENDMENTS NUMBERED________HAVE BEEN RECEIVED

4. Faxed or mailed quotes will NOT be accepted. Email quotes shall be accepted before closing at e-mail address monique.a.paano@usace.army.mil. For questions call 206-764-6084.

5. The contractor receiving an award is required to be registered in the SAM (System for Awards Management)

6. 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 QUOTE INELIGIBLE

FOR AWARD.

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

7. Award shall be made to the responsible offer with the lowest priced quote that conforms to the requirements of the solicitation. PLEASE NOTE: This requirement is subject to the Buy American – Free Trade Agreements – Balance of Payments Program. Please see DFARS clause 252.225-7036.

8. 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.

Paragraph 8 – Must fill in all company information requested

b) Fill in all pricing information.

c) FAR Provision 52.212-3 Alt I OFFEROR REPRESENTATIONS AND CERTIFICATIONS

(JUN 2008)

d) NOTE: If quoting an equivalent product please see additional submission requirements IAW

FAR 52.211-6.

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

DO NOT return the rest of the solicitation form.

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

Federal Taxpayer’s ID Number:

Unique Entity ID (UEI) 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:

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

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

DESCRIPTION OF SUPPLY

NPDES Data Acquisition (DAQ) I/O Racks

Chief Joseph Dam, Bridgeport WA, 98813-1120

1. General Information: This project is for acquisition of network and IT equipment for a plant-wide temperature and waste heat monitoring system at Chief Joseph Dam, in conjunction with the current process of obtaining a permit from the Environmental Protection Agency (EPA) for discharging Non-Contact Cooling Water (NCCW) from the facility.

2. Plant Overview: Chief Joseph Dam is a large hydroelectric generating facility located on the Columbia River in north-central Washington State. The dam is owned and operated by the U.S. Army Corps of Engineers

(USACE).

The dam has 27 main generating units, 2 station service units, and a number of other systems which generate excess heat and require constant cooling. This is generally done through some form or heat exchanger, transferring heat to river water which is then discharged into the Columbia River.

3. Supply Overview: The purpose of this contract is to supply networked I/O racks which can continuously record a number of data points related to temperature and heat load. This data will be collected over the network by software using standard industrial I/O protocols. The system will include sensors installed in various locations, collected and digitized in twelve (12) remote I/O racks. A fiber-optic ethernet network will be used for transporting data between the remote I/O locations, server, and workstations.

4. Hardware Requirements: New equipment only; no remanufactured or “grey market” items will be accepted.

Information Technology (IT) equipment must be currently supported by the manufacturer, and shall not be scheduled for end-of-life within two (2) years of delivery.

5. Period of Performance: All equipment shall be delivered within 180 days of award. All equipment line items shall be delivered and invoiced as soon as practicable.

6. Shipment and Delivery:

6.1. The contractor shall be responsible for packing and shipping the components in a manner that will ensure undamaged and complete arrival to the point of acceptance at Chief Joseph Dam.

6.2. Software and digital items shall be delivered on CD or DVD media or secure (HTTPS) direct download from the original vendor.

6.3. No shipments are allowed other than normal business hours of Monday through Thursday 7:00 a.m. -

4:00 p.m., excluding Federal holidays.

6.4. All shipments shall be delivered FOB Destination to:

US Army Corps of Engineers Chief Joseph Dam Highway 17 and Pearl Hill Rd Bridgeport, WA 98813-1120

7. Bill of Materials: The items listed in the sections below must be supplied according to the quantities and specifications listed.

7.1. I/O Racks

Contractor must supply a modular, networked PLC platform to be assembled into twelve (12) remote I/O racks, with two (2) extra each part number supplied for spares. Input/Output types and quantities for these twelve I/O racks are listed in this table:

I/O Rack # Analog In Qty Analog Out Qty Digital In Qty 4-20mA 4-20mA 125VDC

# 1 3 4 # 2 4 4 # 3 2 4 # 4 6 4 # 5 4 4 # 6 1 4

# 7 2 3 # 8 1 # 9 1

# 10 1 1 # 11 1 # 12 4 4

PLC and I/O platform must meet the following specifications:

Devices shall be the following equipment or functional equivalent (Brand Name or equal) meeting all other specified requirements. If providing an equivalent product, contractors must submit product information in accordance with FAR 52.211-6. Listed quantities include the two (2) required spares for each component.

7.1.1.1. Fourteen (14) each Opto22 “SNAP-PAC-RCK8” rack/backplane.

7.1.1.2. Fourteen (14) each Opto22 “SNAP-PAC R1” Programmable Automation Controller.

7.1.1.3. Fourteen (14) each Opto22 “SNAP-PS5” 110VAC Power Supply.

7.1.1.4. Ten (10) each Opto22 “SNAP-IAC5” 90-140VAC/VDC Digital Input Module

7.1.1.5. Fifteen (15) each Opto22 “SNAP-AIMA-4” -20mA to +20mA Analog Input Module.

7.1.1.6. Four (4) each Opto22 “SNAP-AOA-23” 4-20mA Analog Output.

7.1.1.7. Opto22 PAC Project Basic Software (“PACPROJECTBAS”)

PLC and all modules must support surface mounting to a steel enclosure backplane or DIN rail, or include appropriate hardware to allow such mounting.

PLC must accept 120VAC power input, or include a 120VAC power supply from the same manufacturer, designed and intended to power all the equipment supplied under this section (for each I/O rack location). Power input shall be via screw terminal connections accepting 14AWG wiring. If the power supply is a separate device, it must also support surface mounting or DIN rail mounting.

PLC or rack backplane (not including power supply) installed dimensions shall not exceed 10 inches wide by 5 inches high by 5 inches deep.

Power supply dimensions shall not exceed 5 inches high by 2 inches wide by 5 inches deep.

The PLC and I/O platform must have a modular design with the ability to add or remove I/O modules to customize functionality according to the required input/output data types. Analog input accuracy must be 0.05% or better, unless otherwise specified. The platform must support, and I/O modules must be available from and supported by the OEM for at least the following datatypes:

7.1.1.8. 100Ω Pt. RTD Input (±0.1°C resolution, ±0.6°C calibrated accuracy or better)

7.1.1.9. 4-20mA Analog Input/Output (Including the HART protocol)

7.1.1.10. 0-10VDC Analog Input/Output

7.1.1.11. 120VAC Digital Input/Output

7.1.1.12. 125VDC Digital Input/Output

7.1.1.13. 24VDC Digital Input/Output

7.1.1.14. Serial (RS-232/485) Input/Output

7.1.1.15. Digital and Quadrature Counting (Encoder) Input

Rack/backplane and controller platform must support and have physical and electrical capacity for installing at least eight (8) I/O modules, with multiple inputs/outputs in each module

I/O modules must have screw terminal connections, and accept wire sizes from 20 AWG to 14 AWG Must have at least one 1000Mbps RJ45 ethernet port for management, configuration, and remote I/O tag reading/writing.

Must be able to synchronize its time clock to an ethernet NTP server.

Must be compatible with and officially supported by the Inductive Automation “Ignition” platform.

Must be compatible with multiple network I/O protocols, including at least TCP/IP, Ethernet/IP, Modbus/TCP (slave), SNMP, and FTP.

Must be able to perform logical and mathematical operations on inputs to generate outputs, including polynomial and piecewise linearization of analog input to analog output (converting fluid tank level indications to volume).

Licensing and installation package must be provided for any software required to set up and program the I/O devices for simple data input acquisition, processing, and output. This must include the ability to configure and name analog input tags, linearize them as specified above, and send them to an analog output module. Licensing must support installation on three offline computers, and licensing must support simultaneous operation on at least two of them.

Quantities: Backplanes, Controllers, Power Supplies, I/O modules, and any other necessary parts must be supplied to support building the twelve (12) I/O racks as specified at the beginning of this subsection. Additionally, two (2) spares of each distinct part number provided under Item Group 1 shall be supplied.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 14 Each Rack/Backplane

FFP

Opto22 “SNAP-PAC-RCK8” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

FOB: Destination

PSC CD: 6685

NET AMT

0002 14 Each Programmable Automation Controller

FFP

Opto22 “SNAP-PAC R1” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

0003 14 Each 110VAC Power Supply

FFP

Opto22 “SNAP-PS5” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

0004 10 Each 90-140VAC/VDC Digital Input Module

FFP

Opto22 “SNAP-IAC5” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

0005 15 Each -20mA to +20mA Analog Input Module

FFP

Opto22 “SNAP-AIMA-4” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

0006 4 Each 4-20mA Analog Output

FFP

Opto22 “SNAP-AOA-23” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

0007 1 Each PAC Project Basic Software

FFP

Opto22 “PACPROJECTBAS” or equal

Devices must meet requirements as specified in the attached Product Description entitled, "NPDES Data Acquisition (DAQ) I/O Racks".

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ADC 14 CHIEF JOSEPH DAM PROJECT OFFICE

ISAAC J. HENDRICKSON

HIGHWAY17 AND PEARL HILL ROAD

BRIDGEPORT WA 98813-1120

(509) 873-1926

960527

0002 180 dys. ADC 14 (SAME AS PREVIOUS LOCATION)

0003 180 dys. ADC 14 (SAME AS PREVIOUS LOCATION)

0004 180 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0005 180 dys. ADC 15 (SAME AS PREVIOUS LOCATION)

0006 180 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0007 180 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

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 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

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

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

NOV 2021

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (OCT 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)

OCT 2022

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

OCT 2022

52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JAN 2022

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-3 Alt II Buy American--Free Trade Agreements--Israeli Trade Act (OCT 2022) Alternate II

JAN 2021

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

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

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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

SEP 2022

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

252.204-7016 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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

JUN 2022

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

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)

52.252-1 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.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acquisition.gov

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.acq.osd.mil/dpap/dars/dfarspgi/current/index.html 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.

252.225-7035 BUY AMERICAN--FREE TRADE AGREEMENT --BALANCE OF PAYMENTS PROGRAM

CERTIFICATE--BASIC (NOV 2014)

(a) Definitions. ``Bahrainian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``foreign end product,'' ``Moroccan end product,'' ``Panamanian end product,'' ``Peruvian end product,'' ``qualifying country end product,'' and ``United States,'' as used in this provision, have the meanings given in the Buy American--Free Trade Agreements--Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government—

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to Buy American--Free Trade Agreements--Balance of Payments Program-- Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American--Free Trade Agreements--Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

and

(ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror shall identify all end products that are not domestic end products.

(i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products:

(Line Item Number) (Country of Origin)

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, Panamanian end products or Peruvian end products:

(Line Item Number) (Country of Origin)

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) (Country of Origin (If known))