A22_Solicitation_W912EE-16-R-0002.pdf

PDF 901 KB Posted Jan 4, 2016

Attached to: Multiple Award Task Order Contract (MATOC), to Supply and Deliver High Density Polyethylene (HDPE) Pipe Liners to any location within the boundaries of the Vicksburg District (MVK), in the States of Arkansas, Louisiana, and Mississippi
Solicitation number: W912EE-16-R-0002
Issued by: Department of the Army Corps of Engineers Engineering District Vicksburg

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SEE ADDENDUM

(No Collect Calls)

W912EE-16-R-0002 21-Dec-2015

b. TELEPHONE NUMBER

601-631-5705

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 21 Jan 2016

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.

W912EE9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTOPHER M BARNETT

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

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

601-631-7261FAX:

TEL: 601-631-

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

$36.5M

NAICS:

237110

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF41

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.

W912EE-16-R-0002

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 500 Job Base Year

FFP

The contractor shall supply and deliver high density polyethylene (HDPE) pipe liners in efforts to rehabilitate existing gravity drainage structures by slip lining the existing corrugated pipes. Delivery will be made to locations specified within the

Vicksburg District (MVK) area of responsibility, in accordance with the terms and conditions of this contract and/or task orders issued under this contract.

FOB: Destination

NET AMT

1001 500 Job OPTION Option Year 1

FFP

Vicksburg District (MVK) area of responsibility, in accordance with the terms and

2002 500 Job OPTION Option Year 2

FFP

Vicksburg District (MVK) area of responsibility, in accordance with the terms and

3003 500 Job OPTION Option Year 3

FFP

Vicksburg District (MVK) area of responsibility, in accordance with the terms and

4004 500 Job OPTION Option Year 4

FFP

Vicksburg District (MVK) area of responsibility, in accordance with the terms and

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the

CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00 $3,500.00 $10,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 1.00

$3,500.00

$10,000,000.00

1001 1.00

2002 1.00

3003 1.00

4004 1.00

BID SCHEDULE

SCHEDULE 1 - BASE YEAR: 01 MAR 2016 - 28 FEB 2017

Item No. Description Est Qty U/M Unit Price Total Amount

0001 BASE YEAR (YEAR ONE)

0001AA 63" (LINER DIAMETER) 1 FOOT $ $

0001AB 54" (LINER DIAMETER) 1 FOOT $ $

0001AC 48" (LINER DIAMETER) 1 FOOT $ $

0001AD 42" (LINER DIAMETER) 1 FOOT $ $

0001AE 36" (LINER DIAMETER) 1 FOOT $ $

0001AF 32" (LINER DIAMETER) 1 FOOT $ $

0001AG 30" (LINER DIAMETER) 1 FOOT $ $

0001AH 28" (LINER DIAMETER) 1 FOOT $ $

0001AI 26" (LINER DIAMETER) 1 FOOT $ $

0001AJ 24" (LINER DIAMETER) 1 FOOT $ $

0001AK 22" (LINER DIAMETER) 1 FOOT $ $

0001AL 20" (LINER DIAMETER) 1 FOOT $ $

0001AM 18" (LINER DIAMETER) 1 FOOT $ $

0001AN 16" (LINER DIAMETER) 1 FOOT $ $

0001AO 14" (LINER DIAMETER) 1 FOOT $ $

0001AP 12" (LINER DIAMETER) 1 FOOT $ $

0001AQ 10" (LINER DIAMETER) 1 FOOT $ $

SCHEDULE 2 - 1ST OPTION YEAR: 01 MAR 2017 – 28 FEB 2018

Item No. Description Est Qty U/M Unit Price Total Amount

0002 FIRST OPTION (YEAR TWO)

0002AA 63" (LINER DIAMETER) 1 FOOT $ $

0002AB 54" (LINER DIAMETER) 1 FOOT $ $

0002AC 48" (LINER DIAMETER) 1 FOOT $ $

0002AD 42" (LINER DIAMETER) 1 FOOT $ $

0002AE 36" (LINER DIAMETER) 1 FOOT $ $

0002AF 32" (LINER DIAMETER) 1 FOOT $ $

0002AG 30" (LINER DIAMETER) 1 FOOT $ $

0002AH 28" (LINER DIAMETER) 1 FOOT $ $

0002AI 26" (LINER DIAMETER) 1 FOOT $ $

0002AJ 24" (LINER DIAMETER) 1 FOOT $ $

0002AK 22" (LINER DIAMETER) 1 FOOT $ $

0002AL 20" (LINER DIAMETER) 1 FOOT $ $

0002AM 18" (LINER DIAMETER) 1 FOOT $ $

0002AN 16" (LINER DIAMETER) 1 FOOT $ $

0002AO 14" (LINER DIAMETER) 1 FOOT $ $

0002AP 12" (LINER DIAMETER) 1 FOOT $ $

0002AQ 10" (LINER DIAMETER) 1 FOOT $ $

SCHEDULE 3 - 2ND OPTION YEAR: 01 MAR 2018 – 28 FEB 2019

0003 FIRST OPTION (YEAR TWO)

0003AA 63" (LINER DIAMETER) 1 FOOT $ $

0003AB 54" (LINER DIAMETER) 1 FOOT $ $

0003AC 48" (LINER DIAMETER) 1 FOOT $ $

0003AD 42" (LINER DIAMETER) 1 FOOT $ $

0003AE 36" (LINER DIAMETER) 1 FOOT $ $

0003AF 32" (LINER DIAMETER) 1 FOOT $ $

0003AG 30" (LINER DIAMETER) 1 FOOT $ $

0003AH 28" (LINER DIAMETER) 1 FOOT $ $

0003AI 26" (LINER DIAMETER) 1 FOOT $ $

0003AJ 24" (LINER DIAMETER) 1 FOOT $ $

0003AK 22" (LINER DIAMETER) 1 FOOT $ $

0003AL 20" (LINER DIAMETER) 1 FOOT $ $

0003AM 18" (LINER DIAMETER) 1 FOOT $ $

0003AN 16" (LINER DIAMETER) 1 FOOT $ $

0003AO 14" (LINER DIAMETER) 1 FOOT $ $

0003AP 12" (LINER DIAMETER) 1 FOOT $ $

0003AQ 10" (LINER DIAMETER) 1 FOOT $ $

SCHEDULE 4 - 3RD OPTION YEAR: 01 MAR 2019 - 29 FEB 2020

0004 FIRST OPTION (YEAR TWO)

0004AA 63" (LINER DIAMETER) 1 FOOT $ $

0004AB 54" (LINER DIAMETER) 1 FOOT $ $

0004AC 48" (LINER DIAMETER) 1 FOOT $ $

0004AD 42" (LINER DIAMETER) 1 FOOT $ $

0004AE 36" (LINER DIAMETER) 1 FOOT $ $

0004AF 32" (LINER DIAMETER) 1 FOOT $ $

0004AG 30" (LINER DIAMETER) 1 FOOT $ $

0004AH 28" (LINER DIAMETER) 1 FOOT $ $

0004AI 26" (LINER DIAMETER) 1 FOOT $ $

0004AJ 24" (LINER DIAMETER) 1 FOOT $ $

0004AK 22" (LINER DIAMETER) 1 FOOT $ $

0004AL 20" (LINER DIAMETER) 1 FOOT $ $

0004AM 18" (LINER DIAMETER) 1 FOOT $ $

0004AN 16" (LINER DIAMETER) 1 FOOT $ $

0004AO 14" (LINER DIAMETER) 1 FOOT $ $

0004AP 12" (LINER DIAMETER) 1 FOOT $ $

0004AQ 10" (LINER DIAMETER) 1 FOOT $ $

SCHEDULE 5 - 4TH OPTION YEAR: 01 MAR 2020 - 28 FEB 2021

0005 FIRST OPTION (YEAR TWO)

0005AA 63" (LINER DIAMETER) 1 FOOT $ $

0005AB 54" (LINER DIAMETER) 1 FOOT $ $

0005AC 48" (LINER DIAMETER) 1 FOOT $ $

0005AD 42" (LINER DIAMETER) 1 FOOT $ $

0005AE 36" (LINER DIAMETER) 1 FOOT $ $

0005AF 32" (LINER DIAMETER) 1 FOOT $ $

0005AG 30" (LINER DIAMETER) 1 FOOT $ $

0005AH 28" (LINER DIAMETER) 1 FOOT $ $

0005AI 26" (LINER DIAMETER) 1 FOOT $ $

0005AJ 24" (LINER DIAMETER) 1 FOOT $ $

0005AK 22" (LINER DIAMETER) 1 FOOT $ $

0005AL 20" (LINER DIAMETER) 1 FOOT $ $

0005AM 18" (LINER DIAMETER) 1 FOOT $ $

0005AN 16" (LINER DIAMETER) 1 FOOT $ $

0005AO 14" (LINER DIAMETER) 1 FOOT $ $

0005AP 12" (LINER DIAMETER) 1 FOOT $ $

0005AQ 10" (LINER DIAMETER) 1 FOOT $ $

Section C - Descriptions and Specifications

SOW

HDPE PIPE LINERS

Supply & Installation at Various Locations in AR, LA, & MS

Within MVK for the U.S. ARMY Corps of Engineers

The USACE, Vicksburg District has a requirement to rehabilitate existing gravity drainage structures by slip lining the existing corrugated pipes with high density polyethylene (HDPE) pipe. Existing pipes to be lined range in diameter from 24-inches to 60-inches and range in length from 20 feet to 300 feet. Cast in Place Liners are not acceptable.

GENERAL DESCRIPTION OF LINERS.

0001 HDPE Pipe liners.

General.

The HDPE pipe-liner, grout, and materials supplied under this contract shall be new. The HDPE pipe shall meet the requirements of ASSHTO M326. The pipe and fittings shall be fabricated from polyethylene (PE) resin compounds conforming to cell class PE345464C with a designation of PE 3408 and a minimum dimension ratio (DR) of 32.5 as specified in ASTM D

3350. The criteria for the pipe to be lined are provided below. All dimensions shall be field verified by the contractor. The pipe manufacturer shall have a representative onsite to ensure proper installation and grouting procedures. The pipe-liner shall be solid wall construction, have a smooth interior and exterior surface with no corrugations, have mechanical end connectors, have a minimum section length of 10 feet but not to exceed 50 feet and be self supporting with the above conditions and designed for ‘fully deteriorated pipe’. Overall, the hydraulic cross-section shall be maintained as large as possible. The liner shall have a minimum of the full flow capacity of the original pipe before rehabilitation. The pipe joints shall meet the requirements of

ASTM D 3212 and shall be water-tight. The existing pipe shall be cleaned of dirt and debris and a mandrell pulled through the pipe prior to HDPE pipe installation. The pipe-liner shall be installed in accordance with ASTM F 585. The space between the existing pipe and HDPE liner shall be grouted to seal the annular space. The grout shall be a cellular type grout with a density between 60 and 80 pounds per cubic foot with a minimum compressive strength of 300 psi at 28 days. Venting of the annular space will be necessary to assure uniform filling during the grouting operation. The pressure on the annular space during the grouting process shall be limited to prevent damage to the pipe-liner. The gauged grout pressure shall not exceed that of the pipe manufacturer’s recommendation or 5 psi, whichever is smaller. Regardless of the pressure, the contractor shall be responsible for any damage or distortion to the pipe-liner due to grouting. Upon completion of the structural rehabilitation, the pipe shall be inspected in accordance with the above ASTM standards. A camera specifically designed for such purposes shall be used during this inspection. A color video recording shall be made and provided to the

COR for acceptance.

LOCATIONS OF STRUCTURES TO BE LINED.

The locations are within the Vicksburg District drainage basins located in the States of

Louisiana, Arkansas, and Mississippi. The work in Louisiana lies in Catahoula and Concordia

Parishes along levees within the Red River Backwater area which spans from Jonesville, LA, to

Larto Lake on the west side of the Ouachita Black River, and, on the east side of the river from

Wildsville, LA, to Acme, LA, and extending along the red river backwater levee to the intersection of the Red River levee and the Mississippi River Levee. The locations within the red river backwater levees also include from Jonesville, LA, northward to Sicily Island, Clayton and Waterproof, LA.

The work in Arkansas is in the general area of Southeast Arkansas including Jefferson, Lincoln, and Arkansas Counties, AR, along the Arkansas River.

In Mississippi, the work will be in the Mississippi Delta region bounded by the Mississippi River

Levee to the hill line that extends from Vicksburg, to Yazoo City, to Greenwood, to Marks, Mississippi.

Pre-work Meeting and Schedule:

The supplier must contact the COR within 24 hrs of contract award and arrange a pre-work meeting to occur within 3 days of award. The meeting will include the product installation process. A Notice-To-Proceed will be issued by the COR after the pre-work meeting. The work shall be completed within 90 days of contract award.

Preparatory Work:

The bidder is responsible for performing all preparatory dewatering work. The preparatory work may include the placement of temporary earthen cofferdams to prevent storm water from running through or backing into the existing pipe structure. The work may also require the removal of water, mud, dirt, rock, and debris from the existing pipe prior to HDPE liner installation to facilitate a complete annular grout seal between the host pipe and the liner.

Submittals:

The contractor shall submit information verifying that the product and installation technique meet the requirements of this solicitation.

The contractor shall be responsible for estimating grout quantities and measuring actual grout volumes pumped. These estimates and actual volumes shall be recorded and provided to the government representative.

The contractor shall demonstrate previous experience by submitting a description of work experience including the dates of past performance and experience in pipe lining type work.

If the following submittals are not received the bidder will be deemed non-responsive:

1. Submittal 1 - Experience:

Contractor is to provide experience in installing HDPE pipe through a levee or dam.

Must provide:

a. Names and experience of personnel

b. Dates and locations of previous installations

c. Levee or Dam owner contact information from two previous jobs.

2. Submittal 2 - Certification letter:

Contractor installing the HDPE liners must provide a certification letter from the manufacturer verifying the contractor’s capability in properly installing the manufacturer’s HDPE product.

3. Submittal 3 - Materials:

Contractor must provide adequate documentation proving the materials to be supplied

(HDPE and grout, etc) meet the minimum quality required by the technical specifications.

4. Submittal 4 - Pre-installation Plan:

Contractor must submit his installation plan/procedure and prove it meets the specification and manufacturer’s recommendation for installation. The installation plan must include:

a. A drawing for each pipe to be lined showing the plan view and the cross section of the grout tubes, existing pipe, bulkheads, and new pipe liner. This drawing shall indicate the existing pipe location by decimal degree coordinates and levee station name, the existing pipe diameter and length, liner diameter and length, diameter and length of each grout tube and vent tube, the grout mix design, the estimated volume of grout required to fill the annular space, and the means by which the contractor will measure the actual grout volume required to fill the annular space.

5. Submittal 5 - Pre-installation video:

Contractor must submit a video that clearly documents the condition of the existing pipe after all mud, dirt, gravel, rock, and other debris has been removed and prior to the installation of the HDPE liner. The USACE shall review the video and confirm the pipe is clean prior to the contractor installing the liner. The video shall be of sufficient quality and clarity with regards to lighting, steadiness, adequate camera speed, and focus, such that all joints and flaws can be clearly observed in the video.

6. Submittal 6 - Completed installation report:

Contractor must submit a report for each installed liner that contains the information from submittal 4 for each pipe location with the addition of the actual amount of grout pumped into the annular space between the existing pipe and the HDPE liner. This report must also document any difficulties encountered during the installation and grouting process.

7. Submittal 7 - Post-installation video:

Contractor shall submit a post-installation video showing the condition of the inside of the installed HDPE liner after installation. The video shall be of sufficient quality and clarity with regards to lighting, steadiness, adequate camera speed, and focus, such that all joints and flaws can be clearly observed in the video.

SECURITY REQUIREMENTS. The following security measures may be required in the event the contractor must access an Army controlled installation, facility or area. For example, an Army controlled installation means the Vicksburg District Headquarters, the Harbor facility, or other areas controlled by security personnel or electronic security systems. Areas such as levees do not fall under this requirement.

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal

Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the

Government may require changes in contractor security matters or processes.

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas." Levees are not security restricted areas.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision

52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of

Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx

Department of Labor Veterans Employment Assistance http://www.dol.gov/vets/

Department of Veterans Affairs-VOW to Hire Heros Act http://benefits.va.gov/vow/

Army Wounded Warriors Program- http://wtc.army.mil/modules/employers/index.html

U.S. Chamber of Commerce Foundation-Hiring Our Heros http://www.hiringourheroes.org/

Guide to Hiring Veterans-Reference Material http://www.whitehouse.gov/sites/default/files/docs/white_house_business_council_-

_guide_to_hiring_veterans_0.pdf

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

1001 N/A N/A N/A Government

2002 N/A N/A N/A Government

3003 N/A N/A N/A Government

4004 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding

Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification

Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the

SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph

(c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

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

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within

30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the

Contractor does not have internet access, it may call Dun and

Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the

Contractor shall, in place of actual damages, pay to the Government liquidated damages of $786.00 per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price

Supply and Service clause in this contract.

http://fedgov.dnb.com/webform https://www.acquisition.gov/

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10% Percent increase

10% Percent decrease

This increase or decrease shall apply to All Delivery Order Line Items.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the

Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

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

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

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

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

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

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at

FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

Government bill of lading;

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

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

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

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

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

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

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

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(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;

(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

(see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

destination.

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

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

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

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

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

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

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

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

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

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

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

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

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the

Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of

Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's

SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that

Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

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

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the

Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the…

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