Ice_Harbor_Station_Service_Transformers_Replacement_W912EF18R0012.pdf

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42 - 53 X H 54 - 71 hillary .a.morgan@usace.army .mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 71

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912EF 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

HILLARY A MORGAN 509-527-7214

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

6 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 7 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 8 - 13 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

14 - 33

PART II - CO NTRACT CLAUSES

USAED, WALLA WALLA - CONTRACTING DIV.

HILLARY A. MORGAN

201 N. THIRD AVENUE

WALLA WALLA WA 99362 509-527-7214

509-527-7802FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

27 Feb 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912EF18R0012

Section A - Solicitation/Contract Form

ATTENTION TO OFFERORS

The successful offeror must provide the following information upon request to assist in the Contracting Officer’s determination of contractor responsibility.

QUALIFICATIONS

1. Current Balance Sheet and latest Profit and Loss Statement prepared from the most recent fiscal year and certified by an officer of the company.

2. The name of your banking firm, telephone number and the name of the individual to contact for a line-of-credit reference.

Banking Institution ______________________________________________

Telephone Number ______________________________________________

Person to Contact ______________________________________________

Email Address ______________________________________________

3. Tax Identification Number ___________________________________

4. Years of experience (in the field of the proposed work)._______________________ Indicate similarity of work currently under way to work required for this project.

5. List of present work to include agency or firm name, address, telephone number and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

6. List of previous work to include agency or firm name, address, telephone number and email address of primary point of contact responsible for inspection and acceptance of the work. (Attach list)

7. Percentage of work under this contract to be subcontracted _______________ %

Return completed form with all attachments to:

Hillary Morgan Contracting Division Walla Walla District Corps of Engineers, 201 North Third, Walla Walla, WA 99362-1876

NPW FL 118 (Rev Oct 2009)

Section B - Supplies or Services and Prices

Walla Walla District Corps of Engineers Ice Harbor Station Service Transformers TJO and TWO Replacement

Project is 100% Small Business Set-Aside

ITEM

DESCRIPTION

QUANTITY

U/M

U/P

AMOUNT

SUPPLY |ITEMS

0001 Design 5000/6250 KVA Class I Power

Transformer TJO

1 JOB XXXXX $________

0002 Manufacture, Factory Test, and Deliver

5000/6250 KVA Class I Power Transformer

TJO

0003 Design 5000/6250 KVA Class II Power

Transformer TWO

0004 Manufacture, Factory Test, and Deliver

5000/6250 KVA Class II Power Transformer

TWO

SUPPLY ITEMS SCHEDULE TOTAL $__________

CONSTRUCTION ITEMS

0005 Removal Work For Existing TJO

Transformer and Installation Work For New TJO Transformer

0006 Removal Work For Existing TWO

Transformer and Installation Work For New TWO Transformer

0007 Off-Site Disposal Of Old Transformers TJO and TWO

CONSTRUCTION ITEMS SCHEDULE TOTAL $__________

SCHEDULE TOTAL $__________

IMPORTANT See Section 01 22 00.00 28; MEASUREMENT AND PAYMENT; Paragraph; Retainage of Payment, for withholding of payment for final deliverables.

Section C - Descriptions and Specifications

TECHNICAL SPECIFICATIONS

Technical Plans and Specifications will be attached separately.

Section F - Deliveries or Performance

CONSTRUCTION CLAUSES INCORPORATED BY FULL TEXT

Construction Clauses – Applicable to all onsite work (CLINs 0005 through 0007)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to

(a) Commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than the dates listed below.

(1) The on- site work shall be completed no later than 425 days after Notice of Award. On-site work for TJO and TWO includes commissioning, acceptance and returned to service. On-site work on TWO transformer shall not commence until all work on TJO transformer has been completed, this includes commissioning, acceptance, and placed on line successfully for 7 consecutive days without incident.

(2) The Contractor shall complete final cleanup and demobilization by not later than 15 calendar days after completion of work in (1) above.

(3) The Contractor shall complete final submission of O&M manuals, working “as-built” contract drawings and final approved versions of Contractor prepared drawings (see SECTION 01 78 00.00 28) by not later than 30 calendar days after completion of work in (1) above.

(End of Clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amounts specified below for each calendar day of delay until the work is completed or accepted.

(1) The sum of $1,885.00 for each calendar day of delay in completing the work in 52.211-10.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

SUPPPLY CLAUSES INCORPORATED BY REFERENCE - Applicable to design, manufacture, and delivery portion of the work. (CLINS 0001 through 0004)

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

SUPPLY CLAUSES – Applicable to design, manufacture, and delivery portion of the work. (CLINS 0001 through 0004)

52.000-3031 Invoices – Services and Supplies

The Contractor shall submit invoices as follows:

(a) The original to:

U.S. Army Corps of Engineers, Walla Walla District ATTN: Construction Branch 201 N. Third Ave.

Walla Walla, WA 99362

(b) A copy with all supporting documentation to:

USAED, National Finance Center 5722 Integrity Drive Millington, TN 38054-5005

Section H - Special Contract Requirements

REQUIRED LIABILITY INSURANCE PURSUANT TO FAR 28.306

In accordance with FAR clause 52.228-5 Insurance – Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(i) Coverage complying with state laws governing insurance requirements pertaining to Workmen’s Compensation and Employers” Liability Insurance.

(ii) Bodily injury liability insurance with minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(iii) Automobile bodily injury and property damage liability with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury liability; and $20,000 per occurrence for property damage liability shall be required.

(iv) The coverage required under Longshoremen and Harbor Worker’s Compensation Act, if applicable.

(v) The Insurance Certificate will name the Walla Walla District, U.S. Army Corps of Engineers, 201 N. Third Avenue, Walla Walla, Washington 99362 as the Certificate Holder.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY

In order to determine a contractor’s responsibility for purposes of contract award the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work.

(See the Attention to Bidders form included in this solicitation.) In accordance with FAR 9.104-1, to be determined responsible, a prospective contractor must –

(a) Have adequate financial resources to perform the contract, or the ability to obtain them;

(b) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(c) Have a satisfactory performance record. (A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history except as provided in FAR 9.104-2);

(d) Have a satisfactory record of integrity and business ethics;

(e) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

(f) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

BIDDER INQUIRY:

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-site 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)

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 the comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

TIMING OF BIDDER INQUIRIES: Offerors are encouraged to submit their bidder inquiries promptly. The Government will make every effort to answer all inquiries; however, the closer to the proposal due date an inquiry is received, the less likely it is that a timely response can be provided.

https://www.projnet.org/

The Bidder Inquiry Key is: XQTI9H-TDWXP9 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@projnet.info

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

REQUIRED LIABILITY INSURANCE (APR 1984) (FAR 28.306)

In accordance with the clause 52.228-5 Insurance – Work on a Government Installation, the Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(i) Coverage complying with state laws governing insurance requirements pertaining to Workmen’s Compensation and Employers” Liability Insurance.

(ii) Bodily injury liability insurance with minimum limits of $500,000 per occurrence shall be required on the comprehensive form of policy.

(iii) Automobile bodily injury and property damage liability with minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury liability; and $20,000 per occurrence for property damage liability shall be required.

mailto:staff@projnet.info

TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with CLAUSE: DEFAULT (FIXED-PRICE CONSTRUCTION) of the CONTRACT CLAUSES. In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. A weather delay day is any day when the maximum temperature does not exceed 32 degrees Fahrenheit or when 0.10 inch or more of precipitation occurs. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

Monthly Anticipated Adverse Weather Delay Work Days Based on (7) Day Work Week

Location Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ice Harbor 8 3 3 3 2 4 1 1 1 3 3 10

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work.

Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number “Anticipated Adverse Weather Delay Work Days”, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days and issue a modification in accordance with the CLAUSE: DEFAULT (FIXED PRICE CONSTRUCTION) of the

CONTRACT CLAUSES.

(End of Clause)

U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1

This contract/purchase order requires the contractor to comply with EM 385-1-1. The latest version of EM 385-1-1 is available online at: http://www.usace.army.mil/SafetyandOccupationalHealth.aspx.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

ACCESS FOR FOREIGN NATIONALS:

SITE VISIT AND CONTRACT WORK: Security clearance for foreign nationals to attend a site visit or to perform onsite work requires a minimum of 4 weeks. Please send documentation by email (.pdf files are preferred) to Hillary.A.Morgan@usace.army.mil and Phyllis.L.Buerstatte@usace.army.mil Acceptable forms of documentation include: A US passport, Certificate of US citizenship (INS Form N-560 or N- 561), Certificate of Naturalization (INS Form N-550 or N-570), foreign passport with I-551 stamp or attached INS Form I-94 indicating employment authorization, Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), Temporary Resident Card (INS Form I-688), Employment Authorization Card (INS Form I-688A), Reentry Permit (INS Form I-327), Refugee Travel Document (INS Form I-571), Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Foreign nationals must have received clearance prior to being granted access to the project site.

PROFIT:

SCR Alternate structured approach for construction contracts. [UAI 15.404-73-101] Weighted guidelines method of determining profit shall be used on any equitable adjustment change order or modification issued under this contract. The profit factors shall be as stated below.

(a) The following alternate structured approach shall be used for all fixed-price construction contract actions:

http://www.usace.army.mil/SafetyandOccupationalHealth.aspx mailto:Hillary.A.Morgan@usace.army.mil mailto:Phyllis.L.Buerstatte@usace.army.mil

(b) Based on the circumstances of the procurement action, each of the above factors shall be weighted from 0.03 to

0.12 as indicated below. "Value" shall be obtained by multiplying the rate by the weight. The Value column when totaled indicates the fair and reasonable profit percentage under the circumstances of the particular procurement.

(1) Degree of risk. Where the work involves no risk or the degree of risk is very small, the weighting should be 0.03;

as the degree of risk increases, the weighting should be increased up to a maximum of 0.12. Lump sum items shall generally have a higher weight than unit price items. Consider the nature of the work and where it is to be performed.

Also consider the portion of the work to be done by subcontractors, amount and type of labor included in costs and whether the negotiation is before or after performance of the work. Modifications settled before the fact have much greater risk than those settled after the fact. A weight of 0.03 is appropriate for after the fact equitable adjustments and/or settlements.

(2) Relative Difficulty of Work. If the work is difficult and complex, the weight should be .12 and should be proportionately reduced to .03 on the simplest of jobs. This factor is tied in to some extent with the degree of risk. Other things to consider are the nature of the work, by whom it is to be done (i.e., subcontractors, consultants), etc.

(3) Size of Job. Work of $100,000 shall be weighted at 0.12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from 0.12 to 0.05. Work from $5,000,000 to $10,000,000 shall be weighted at 0.04.

Work in excess of $10,000,000 shall be weighted at 0.03. It should be noted that control of fixed expenses generally improves with increased job magnitude.

(4) Period of Performance. Work not to exceed 1 month is to be proportionately weighted at 0.03. Durations between 1 and 24 months are to be proportionately weighted between 0.03 and 0.12. Work in excess of 24 months is to be weighted at 0.12.

(5) Contractor's Investment. To be weighted from 0.03 to 0.12 on the basis of below average, average and above average. Consider the amount of subcontracting, Government-furnished property or data such as surveys, method of making progress payments, and any mobilization payment items.

(6) Assistance by Government. To be weighted from 0.12 to 0.03 on the basis of average to above average. Consider use of Government-owned property, equipment and facilities, expediting assistance, etc.

(7) Subcontracting. To be weighed inversely proportional to the amount of subcontracting. Where 80% or more of the work is to be subcontracted use 0.03. The weighting should be increased proportionately to 0.12 where all the work is performed

LISTING OF GOVERNMENT-FURNISHED PROPERTY

The following will be provided to the Contractor for incorporation (installation) into the work.

The Contractor shall provide the Government a minimum 48-hour notice prior to the date that receipt of Government Furnished Property is required.

Item No.

Description Quantity Unit Acquisition Cost

Total Acquisition

Cost

Factor Rate

Weight Value

Degree of risk 20 Relative difficulty of work

Size of job 15 Period of performance

Contractor's investment

Assistance by Government

Subcontracting 25

TOTAL 100%

1 Minitran Monitor 2 each $19,790 $39,580 2 Rail Road Wheels 4 each $25,000 $100,000

(b) The above estimated acquisition cost is applicable to accounting for Government-furnished property. This cost shall not be included by the Contractor in the proposal price. (52.245-1, Government Property)

INCREMENTALLY-FUNDED CONTRACTS

(a) The responsibilities of the Corps are limited by this clause notwithstanding any contrary provision of the "Payments to Contractor" clause or any other clause of this contract.

(b) Pursuant to the authority of 33 U.S.C. § 621 and 16 U.S.C. § 839d-1 this contract is incrementally funded on a fiscal year basis by the Bonneville Power Administration (BPA). Funds are not available at the inception of this contract to cover the entire contract price. The sum of $200,000 has been reserved under this contract by the Corps and is available for payment to the contractor during the current fiscal year. In accordance with the Memorandum of Agreement (MOA) between BPA and the Department of the Army (Contract No. DE MS79-94BP94655), the Sub-agreement 16GS-75641 between the Corps and BPA sets the total funding requirements for project construction and the annual funding requirements. The Corps has agreed to perform the work specified within the estimated annual funding requirements and shall coordinate with BPA in updating funding requirements. The liability of the Corps for payments beyond the funds currently reserved under this contract is contingent on the availability of additional funds from BPA under the MOA and Sub-agreement.

(c) Failure to make payments in excess of the amount currently reserved, or that may be reserved from time to time, shall not be considered a breach of this contract, and shall not entitle the contractor to a price adjustment under the terms of this contract.

(d) Contingent upon additional funds being provided by BPA to the Corps, the contracting officer may at any time reserve additional funds for payments under this contract by issuing an administrative change to the contract.

(e) If earnings will be such that funds reserved for this contract will be exhausted before the end of the fiscal year, the contractor shall give written notice to the contracting officer of the estimated date of exhaustion and the amount of additional funds which will be needed to meet payments due or to become due under this contract during that fiscal year. This notice shall be given not less than 45 or more than 60 days prior to the estimated date of exhaustion.

(f) Upon receipt of the contractor’s notice under subparagraph (d), the contracting officer shall promptly provide written notice to the contractor that the Corps is-

(1) Increasing the Corps’ reservation of funds under this contract in a specified amount; or

(2) Reducing the scope of work or terminating the contract; or

(3) Unable to reserve additional funds until the following fiscal year.

(g) No payments will be made after exhaustion of funds except to the extent that additional funds are reserved for the contract. Any suspension, delay, or interruption of work arising from exhaustion or anticipated exhaustion of funds shall not constitute a breach of this contract and shall not entitle the contractor to any price adjustment under a “Suspension of Work” or similar clause or in any other manner under this contract.

(h) An equitable adjustment in performance time shall be made for any increase in the time required for performance of any part of the work arising from exhaustion of funds or the reasonable anticipation of the exhaustion of funds.

(i) If, upon the expiration of sixty (60) days after the beginning of the fiscal year following an exhaustion of funds, the Corps has failed to reserve sufficient additional funds to cover payments otherwise due, the contractor, by written notice delivered to the contracting officer at any time before such additional funds are reserved, may elect to treat his right to proceed with the work as having been terminated. Such a termination shall be at no cost to the Corps, except that, to the extent that additional funds to make payment therefore are allocated to this contract, it may be treated as a termination for the convenience of the Government.

(j) If at any time it becomes apparent that the funds reserved for any fiscal year are in excess of the funds required to meet all payments due or to become due the contractor because of work performed and to be performed under this contract during the fiscal year, the Corps reserves the right, by modification to the contract, to reduce said reservation by the amount of such excess.

(k) The term “Reservation” means funds that have been set aside and made available for payment under this contract by the Corps.

Section I - Contract Clauses

SUPPLY CLAUSES INCORPORATED BY REFERENCE - Applicable to design, manufacture, and delivery portion of the work. (CLINS 0001 through 0004)

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

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

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other than Pensions

JUL 2005

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime

Compensation

MAY 2014

52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.222-59 Compliance with Labor Laws (Executive Order 13673) DEC 2016 52.222-60 Paycheck Transparency (Executive Order 13673) OCT 2016 52.222-61 Arbitration of Contractor Employee Claims (Executive Order

13673)

DEC 2016

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 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 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items JAN 2017 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

252.215-7000 Pricing Adjustments DEC 2012 252.219-7003 Small Business Subcontracting Plan (DOD Contracts)--Basic MAR 2016 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016 252.225-7006 Acquisition of the AmericanFlag AUG 2015 252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7013 Duty-Free Entry--Basic (May 2016) MAY 2016 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7021 Trade Agreements--Basic DEC 2016 252.225-7030 Restriction On Acquisition Of Carbon, Alloy, And Armor

Steel Plate

DEC 2006

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 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

SUPPLY CLAUSES INCORPORATED BY FULL TEXT - Applicable to design, manufacture, and delivery portion of the work. (CLINS 0001 through 0004)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 335311 - assigned to solicitation number W912EF18R0012.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for two years--.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights…