W912EF-16-Q-0016_Intake_Gate_Anodes_Solicitation.pdf

PDF 289 KB Posted Apr 8, 2016

Attached to: Intake Gate Anodes for Lower Monumental, Little Goose, and Lower Granite Dams
Solicitation number: W912EF-16-Q-0016
Issued by: Department of the Army Corps of Engineers Engineering District Walla Walla

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W912EF-16-Q-0016 Intake Gate Anodes Solicitation

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File	Type	Posted
W912EF-16-Q-0016_Intake_Gate_Anodes_Plans-Drawings.pdf	PDF	Apr 8, 2016
W912EF-16-Q-0016_Intake_Gate_Anodes_Specifications.pdf	PDF	Apr 8, 2016

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SEE ADDENDUM

(No Collect Calls)

W912EF-16-Q-0016 08-Apr-2016

b. TELEPHONE NUMBER

509-527-7225

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 29 Apr 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.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JAMES W GILMORE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USAED, WALLA WALLA - CONTRACTING DIV.

JAMES W. GILMORE

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

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

509-527-7802FAX:

TEL: 509-527-7225 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

332313

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 OF53

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.

W912EF-16-Q-0016

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Intake Gate Anode Set - Base Year

FFP

Intake Gate Anode Sets for Lower Monumental, Little Goose, and Lower Granite Dams.

A set consists of the quantity required of anode and associated hardware in accordance with Plans and Specifications. All work will be detailed and funded at the task order level.

The Period of Performance for the Base Year is 03 May 2016 through 02 May 2017.

FOB: Destination

NET AMT

0001AA 3 Each Intake Gate Anode Set Lower Monumental

FFP

Complete Anode and Fastener Hardware Set for Lower Monumental Dam in accordance with Plans and Specifications. Quantity is an estimate and is provided for planning purposes only. A set consists of the quantity required of anodes and associated hardware as shown on the Plans. All work will be detailed and funded at the task order level. Delivery shall be no more than 120 days from the Notice of Award for each individual Task Order.

0001AB 5 Each Intake Gate Anode Set Little Goose

FFP

Complete Anode and Fastener Hardware Set for Little Goose Dam in accordance with Plans and Specifications. Quantity is an estimate and is provided for planning purposes only. A set consists of the quantity required of anodes and associated hardware as shown on the Plans. All work will be detailed and funded at the task order level. Delivery shall be no more than 120 days from the Notice of Award for each individual Task Order.

0001AC 3 Each Intake Gate Anode Set Lower Granite

FFP

Complete Anode and Fastener Hardware Set for Lower Granite Dam in accordance with Plans and Specifications. Quantity is an estimate and is provided for planning purposes only. A set consists of the quantity required of anodes and associated hardware as shown on the Plans. All work will be detailed and funded at the task order level. Delivery shall be no more than 120 days from the Notice of Award for

OPTION Intake Gate Anode Set Option Year One

FFP

A set consists of the quantity required of anode and associated hardware in accordance with Plans and Specifications. All work will be detailed and funded at the task order level.

The Period of Performance for the Base Year is 03 May 2017 through 02 May 2018.

1001AA 3 Each OPTION Intake Gate Anode Set Lower Monumental

FFP

1001AB 3 Each OPTION Intake Gate Anode Set Little Goose

FFP

1001AC 3 Each OPTION Intake Gate Anode Set Lower Granite

FFP

OPTION Intake Gate Anode Set Option Year Two

FFP

A set consists of the quantity required of anode and associated hardware in accordance with Plans and Specifications. All work will be detailed and funded at the task order level.

The Period of Performance for the Base Year is 03 May 2018 through 02 May 2019.

2001AA 3 Each OPTION Intake Gate Anode Set Lower Monumental

FFP

2001AB 3 Each OPTION Intake Gate Anode Set Little Goose

FFP

2001AC 3 Each OPTION Intake Gate Anode Set Lower Granite

FFP

OPTION Intake Gate Anode Set Option Year Three

FFP

Intake Gate Anode Sets for Lower Monumental, Little Goose, and Lower Granite Dams.

A set consists of the quantity required of anode and associated hardware in accordance with Plans and Specifications. All work will be detailed and funded at the task order level.

The Period of Performance for the Base Year is 03 May 2019 through 02 May 2020.

3001AA 3 Each OPTION Intake Gate Anode Set Lower Monumental

FFP

3001AB 3 Each OPTION Intake Gate Anode Set Little Goose

FFP

3001AC 3 Each OPTION Intake Gate Anode Set Lower Granite

FFP

OPTION Intake Gate Anode Set Option Year Four

FFP

Intake Gate Anode Sets for Lower Monumental, Little Goose, and Lower Granite Dams.

A set consists of the quantity required of anode and associated hardware in accordance with Plans and Specifications. All work will be detailed and funded at the task order level.

The Period of Performance for the Base Year is 03 May 2020 through 02 May 2021.

4001AA 3 Each OPTION Intake Gate Anode Set Lower Monumental

FFP

4001AB 3 Each OPTION Intake Gate Anode Set Little Goose

FFP

4001AC 3 Each OPTION Intake Gate Anode Set Lower Granite

FFP

INSTRUCTIONS TO OFFERORS

This acquisition is 100 percent set – aside for small business concerns.

NAICS CODE: 321213 Size Limitation: 500 (number of employees)

Business Hours: The standard business hours for the Walla Walla District, Corps of Engineers are Monday through Friday from 8:00 a.m. to 4:00 p.m., excluding federal holidays. OFFER DUE DATE/LOCAL TIME. Is stated in block 8 of the SF1449, solicitation/Contract for Commercial Items.

Retention of Proposals: Proposals submitted in response to this Request for Proposals will not be returned, but will be retained by the U.S. Army, Corps of Engineers for its official record.

Mistake in Offeror: Offerors are cautioned to clearly print prices for all line items. Be especially careful placing decimal points, as a mistake in your offer may render it unresponsive.

Offeror Acceptance Period: The minimum offer acceptance period 60 days. Please ensure that you allow at least the stated number of calendar days for the Government to accept your offer.

System for Award Management (SAM): Registration at www.sam.gov is required. If not registered, please do so.

Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database may make an offeror ineligible for award.

SAM is the Official U.S. Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.

There is NO fee to register for this site.

Completion of the required FAR 52.212-3 Alt. I, Offeror Representations and Certifications – Commercial Items is required. When you complete your SAM registration, the link to complete your Reps and Certs is also available.

Please do not hesitate to contact me or the SAM web site if you need assistance or have questions.

Note to Offerors: In accordance with FAR Part 29.3 – STATE and LOCAL TAXES, and pursuant to Title 4 of the USC 104-107, the Government is exempt from paying local and state taxes. Exempt tax identification number is 91- 0828090.

General Contract Information:

Offeror’s Name (Printed) _________________________________________

Offeror’s Contact Telephone Number_______________________________

Offeror’s Email Address___________________________________________

Federal Tax Identification No. ____________________________________________

CAGE Code __________________ DUNS No. ______________________________

In accordance with FAR 19.102(f)(1), a small business that proposes to furnish an end product it did not manufacture (a “nonmanufacturer), may be considered if the manufacturer is a small business and it is manufactured or produced in the United States or its outlying areas.

Manufacturer’s Name _____________________________________

Where manufactured _______________________________________

NOTE: See FAR 52.212-2 EVALUATIONS—COMMERCIAL ITEMS for evaluation factors.

CONTRACT MINIMUM/MAXIMUM

(a) During the life of the contract, the Government shall be obligated to order supplies in the minimum amount of $3,000.00.

(b) The aggregate value of all orders shall not exceed $1,000,000.00, during the life of the contract.

TERM OF THE CONTRACT

This is a requirements contract for the supplies specified.

The contract period consist of a base year (12 months) and, at the Governments option, up to four additional consecutive years. The base year will begin on the date of contract award.

The quantities of supplies specified in the Schedule are estimates only and are not purchased by this contract.

Except as this contract my otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

OFFEROR SOLICITATION QUESTIONS

Offeror Solicitation Questions:

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-based program that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at https://www.projnet.org/projnet/.

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key : BC5VDE-EHP8SZ

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words “Please select from below”, select “Public” c.) Discipline: This is where you select who this question should be directed to. Example; if the question is about an electrical drawing or specification select: “Electrical” from the pull down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@rcesupport.com.

NOTICE: All bidders/offerors will be held to have reviewed the questions and responses in Bidder Inquiry prior to bid or proposal submission. Nothing is changed in the solicitation unless an amendment is issued.

DELIVERY ADDRESS AND PACKAGING

DELIVERY ADDRESSES AND PACKING

TIME OF DELIVERY.

The Contractor shall commence work under this contract within 10 calendar days after date of receipt of signed contract, and shall make delivery of material and equipment and perform the work specified herein and in individual delivery orders. The Contractor will be allowed 120 calendar days from effective date of each Delivery Order to complete and deliver the seals in the quantities specified in each Delivery Order.

PLACE OF DELIVERY. Place of delivery shall be established on individual task orders. Items supplied under this contract shall be delivered f.o.b. transport truck to the destinations shown below:

a) Delivery Locations

Location: Lower Monumental Dam

Place of Delivery:

Lower Monumental Project Office 5520 Devils Canyon Road Kahlotus, WA 99335

Project POC:

Lyle Calhoon Phone: (509) 282-7244

Mailing Address:

Lower Monumental Project Office P.O. Box 10 Kahlotus, WA 99335

Location: Little Goose Dam

Little Goose Project Office 1001 Little Goose Dam Road Dayton, WA 99328

Project POC:

Benjamin Feider Phone: (509) 607-0390

Mailing Address:

Little Goose Project Office 1001 Little Goose Dam Road Dayton, WA 99328

Location: Lower Granite Lock and Dam

Lower Granite Project Office 885 Almota Ferry Road Colfax, WA 99111

Project POC:

Eugene McDonald Phone: (509) 843-1493 X233

Mailing Address:

Lower Granite Project Office 885 Almota Ferry Road Colfax, WA 99111

(b) Transportation Facilities. Prior to each shipment of equipment and materials, the Contractor shall make his own investigation of conditions of the facilities such as clearances, restrictions, load limits, and other limitations affecting transportation to each one of the delivery locations.

(c) Time of Delivery. Deliveries shall be made between the hours of 7:30 AM to 3:00 PM, Monday through Thursday, excluding Federal holidays. Government crane or fork lift service will be available to assist the Contractor in unloading the delivery trucks. At least five days prior to delivery, the Contractor shall contact the POC for each delivery location to make arrangements for off-loading the items being delivered.

PACKAGING AND MARKING

1.1 PROTECTION OF MATERIAL AND WORK

At all times prior to delivery, and as also specified in paragraph 1.2, all materials, supplies, and equipment of every description shall be protected and preserved.

1.2 PACKAGING, MARKING AND SHIPMENT

(1) All material and articles shall be prepared and loaded for shipment in such manner as to protect them from damage in transit, and any and all damage shall be made good until the equipment is delivered to the Government at the specified delivery point.

(2) The Government shall be notified at least 15 days in advance as to the expected shipment dates of the supplies.

(3) The Government will accept delivery of materials and equipment when delivered at the specified delivery point in accordance with individual Task Orders.

(4) Each container shall be labeled in such a way that the markings will be permanent and not fade. The labels at a minimum shall contain the following;

(a) Manufacturer

(b) Contract number

(5) As soon as each shipment is made shipping notices shall be submitted on which shall be shown, in addition to the usual data, a description of the article furnished, the item number of the contract schedule to which the article applies, the shipping weight of each item, the number of pieces, the total weight, and if shipped by railroad carload lots the car number.

EXHIBIT/ATTACHMENT

Table of Contents:

DOCUMENT TYPE DESCRIPTION PAGES

Attachment 1 Specifications 51 Attachment 2 Plans/Drawings 15

TASK ORDER PROCEDURES

1. When the Government requires work under this contract, the Contracting Officer will issue a Task-Order Request for Proposal (RFP) to the Contractor awarded a contract from this solicitation in accordance with Federal Acquisition Regulation Part 16. The task-order RFPs will include a statement of work describing the quantity of Seals, any special instructions, the delivery date required and the project/agency that requires the delivery. Task orders may also be handled by electronic means (e.g., email), facsimile or telephone for urgent requirements.

2. The contractor shall prepare a proposal in accordance with the requirements of the task-order RFP and this contract. The contractor shall respond within 2 weeks, unless otherwise stated in the RFP, by submitting a proposal to the Contracting Officer. Price proposals must be consistent with the current rates negotiated in the base contract.

3. The task order completion schedule shall commence upon receipt of written, verbal, or electronic notice of award, and shall end as specified in the Statement of Work. The contractor shall insure that all task-order work is completed and that submittals are made in accordance with the time allowances and progress schedule set forth in the Statement of Work. The schedule is subject to adjustment by the Contracting Officer, in writing, for material delays on the part of the Government and for conditions beyond the control of the parties hereto.

4. The contractor is advised not to perform any requirements under this contract requested by any person other than the Contracting Officer, orally or in writing, which is considered to be a change in work required by this contract or a negotiated task order that would necessitate an adjustment in task-order price, until the contractor has made a proposal to the Contracting Officer covering such change, and both parties have negotiated a mutually satisfactory modification to the task-order price and the contractor has received either written, oral or electronic notice of modification award or verbal direction to proceed from the Contracting Officer.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

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

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.217-5 Evaluation Of Options JUL 1990 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 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

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

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

(a) In accordance with FAR 13.106, the Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, based on selecting best value by using the lowest price technically acceptable method. To be technically acceptable, an offeror shall receive a “Go” rating in Proposal Compliance and Past Performance to include sub-factors. The following factor shall be used to evaluate all offers:

(1) Proposal Compliance (PC). The offeror’s quote shall be the basis of this factor. All aspects of the offerors quote shall be reviewed against the solicitations requirements. If the offerors quote indicates non-compliance to any of the solicitation’s requirements, including its attachments, the quote will receive a “No-Go” for this factor.

(2) Past Performance and Experience (PPE). Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items. The Contractor shall provide at a minimum two verifiable references and include contract numbers, points of contact with telephone numbers and email address, dollar size of requirement, and any other relevant information. Within PPE, the subfactors below will be evaluated. Sub-factors are of equal weight, and will be rated as: Go/No-Go. In order to receive a Go rating, the contractor shall have performed at a minimum satisfactory in both sub-factors. A rating of “No-Go” in any sub-factor will cause the entire factor to be rated as “FAIL.”

The Government may contact references to verify PPE information. The Government also reserves the right to use other information, e.g. personal knowledge, pre-award survey, past performance information systems, etc. during the evaluation.

a. Sub-Factor 1. Timeliness of Supplies.

b. Sub-Factor 2. Quality of Supplies.

(3) Price. The price will be evaluated to determine fair and reasonable. It is the Government’s intent to award the contract based on “Go” ratings of factors 1 and 2, and the lowest price, technically acceptable proposal.

Contractor shall submit the following, in 1 copy:

1. Signed and dated Standard Form 1449 (Solicitation/Contract Order For Commercial Items)

2. Signed and dated Standard Form 30, if applicable, for any Amendments to the Solicitation

3. Completed Schedule (pricing information) for all Contract Line Item Numbers.

4. Descriptive materials in accordance with Factor 1 and verifiable references for Factor 2 in FAR 52.212-2

Evaluation--Commercial Items in this solicitation.

5. Certification that the offeror will deliver all items within 120 days after date of contract award.

6. Completed Clause 52.212-3, Alt 1, “OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL ITEMS”.

To ensure receipt of offeror, send by email to Jim Gilmore at james.w.gilmore@usace.army.mil

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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