A22 - W912EK20T0028.pdf

SEE ADDENDUM

(No Collect Calls)

W912EK20T0028 09-Jan-2020

b. TELEPHONE NUMBER

309-794-5048

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Jan 2020

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.

W912EK9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JACOB J TOFT

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

96514793542477

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS

1500 ROCK ISLAND DRIVE

ROCK ISLAND IL 61201

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 B5R0217 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PEORIA LOCK AND DAM

US ARMY CORPS OF ENGINEERS

1071 WESLEY ROAD

CREVE COUER IL 61610-3869

TEL: 309/699-6111 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332911

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SCHEDULE OF PRICES

Schedule of Prices:

BASE BID

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT DELIVERY DATE

Miter Gate Cylinder Rehab 4 EA $ $ 13-Sep-20

Miter Gate Cylinder Rehab 1 EA $ $ 15-Oct-20

TOTAL OF BASE BID (ITEMS 0001 THRU 0002): $

OPTION ONE

Replace manifolds for all 5 Miter Gate Cylinders

5 EA $ $

The Government reserves the right to award Option One up to five weeks after date of Base Bid Award. Delivery date will remain the the same as Items 0001 & 0002.

TOTAL OF OPTION ONE (ITEMS 0101): $

OPTION TWO

Rehabilitate 1 of 5 Tainter Valve Hydraulic Cylinders.

1 EA $ $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 20 Weeks to complete the Option work and delivery from date of contract modification.

TOTAL OF OPTION TWO (ITEMS 0201) : $

OPTION THREE

Rehabilitate 2 of 5 Tainter Valve Hydraulic Cylinders

1 EA $ $

TOTAL OF OPTION THREE (ITEMS 0301): $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 20 Weeks to complete the Option work and delivery from date of contract modification.

OPTION FOUR

Rehabilitate 3 of 5 Tainter Valve Hydraulic Cylinders

1 EA $ $

TOTAL OF OPTION FOUR (ITEMS 0401): $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 20 Weeks to complete the Option work and delivery from date of contract modification.

OPTION FIVE

Rehabilitate 4 of 5 Tainter Valve Hydraulic Cylinders

1 EA $ $

TOTAL OF OPTION FIVE (ITEMS 0501): $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 20 Weeks to complete the Option work and delivery from date of contract modification.

OPTION SIX

Rehabilitate 5 of 5 Tainter Valve Hydraulic Cylinders

EA

TOTAL OF OPTION SIX (ITEMS 0601): $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 20 Weeks to complete the Option work and delivery from date of contract modification.

OPTION SEVEN

Replace manifold with SS manifold for Option 1 of 5 Hydraulic Valve Cylinder

TOTAL OF OPTION SEVEN (ITEMS 0701): $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 19 weeks to complete the Option work and delivery from date of contract mod.

OPTION EIGHT

SS manifold for Option 2 of 5

TOTAL OF OPTION EIGHT (ITEMS 0801): $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 19 weeks to complete the Option work from date of

OPTION NINE

SS manifold for Option 3 of 5

TOTAL OF OPTION NINE (ITEMS 0901) : $

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 19 weeks to complete the Option work and delivery from date of

OPTION TEN

SS manifold for Option 4 of 5

TOTAL OF OPTION TEN (ITEMS 1001): $

W912EK20T0028

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 19 weeks to complete the Option work and delivery from date of

OPTION ELEVEN

SS manifold for Option 5 of 5

The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. The Contractor will have 19 weeks to complete the Option work and deliveryfrom date of contract mod.

TOTAL OF OPTION ELEVEN (ITEMS 1101): $

TOTAL OF ALL OPTIONS (ITEMS 0101 THRU 1101): $

TOTAL OF ALL ITEMS BASE BID & ALL OPTIONS (ITEMS 0001 THRU 1101): $

SCOPE OF WORK

Peoria Lock Hydraulic Cylinder Repair

SOW

Background:

The U.S. Army Corps of Engineers (USACE) Rock Island District (MVR) has been coordinating temporary closures of five locks on the Illinois Waterway to address aging infrastructure needs. Through cooperation with navigation industry and Illinois Waterway stakeholders, MVR developed a consolidated repair schedule, which includes a short closure to locks in 2020. The simultaneous closure of multiple locks will provide time for much needed critical repairs and maintenance while reducing impacts to navigation. The Peoria Lock will be closed to navigation from July 6th to September 29th of 2020 at which time critical repairs are needed for the rehabilitation of the Peoria Lock and Dam Miter Gate Hydraulic Cylinders.

BASE BID (see schedule of prices for further details):

Miter Gate Hydraulic Cylinders - Five (5): The base bid consists of rehabilitating five (5) miter gate hydraulic cylinders. The existing hydraulic cylinder rods are ceramic coated, which has failed and is no longer authorized for use by USACE. The new laser cladding on cylinder rod must be able to be field welded/repaired. The Government will remove the five cylinders from the Lock and Dam no later than (NLT) 12 July 2020. All five cylinders will be ready the following day for shipment to the awarded contractor’s facility. The Government will load/unload the cylinders at the Government destination. The contractor is responsible for the means, method and expense of shipment to the contractor’s facility. Once shipped, the cylinders are to be refurbished in accordance with the specifications provided below in the SOW. Once work is completed, four of the five cylinders must be shipped back and onsite at Peoria Lock and Dam NLT 13 September 2020. The contractor is responsible for providing and loading a flatbed truck or similar for shipment to Illinois Waterway Project Office 257 Grant Street, Peoria, IL 61603 where the Government will be responsible for unloading. The fifth cylinder shall be shipped back and onsite at Peoria Lock and Dam NLT 15 October 2020. The contractor is responsible for providing and loading/unloading a flatbed truck or similar for shipment to Illinois Waterway Project Office 257 Grant Street, Peoria, IL 61603 where the Government will be responsible for unloading. FOB Destination is the Peoria Lock and Dam, IL. Contractor is responsible for safely shipping the cylinders and is responsible for any damages occurred during shipping.

OPTIONS (see schedule of prices for further details):

Stainless Steel Upgrade for Miter Gate Hydraulic Cylinder Manifolds (Option 1):

Replace all five miter gate hydraulic cylinder manifolds with stainless steel. The Government reserves the right to exercise the stainless steel options within five (5) weeks of the date of contract award. The manifold shall be assembled to the hydraulic cylinder upon arrival.

Tainter Valve Hydraulic Cylinders - Five (5) (Options 2 – 6): Rehabilitate five (5) Tainter valve hydraulic cylinders. The Government reserves the right to exercise the option(s) for the Tainter valve hydraulic cylinders until 1 December 2020. If the option(s) to rehabilitate the Tainter valve hydraulic cylinders are awarded, the contractor shall have 20 weeks to complete the work from the date of the award.

Stainless Steel Upgrade for Tainter Valve Hydraulic Cylinders (Options 7 – 11): Replace Tainter valve hydraulic cylinder manifolds with stainless steel. The Government reserves the right to exercise the stainless steel option(s) until 1 December 2020. If the option(s) for the stainless steel upgrade are exercised, the contractor shall have 19 weeks to complete the work from the date of the award. The manifold shall be assembled to the hydraulic cylinder upon arrival.

Specifications: The hydraulic miter gate cylinders, Tainter valve hydraulic cylinders, and hydraulic manifolds are to be prepared for shipment by the U.S. Army Corps of Engineers, Illinois River Operations Division. This includes: drained, removed, and loaded a contractor’s flatbed or similar for shipment. The contractor is then responsible for the Cylinders and manifold blocks to be shipped to the contractor’s repair facility at the contractor’s expense.

Once work is complete, the contractor is responsible for loading a flatbed truck or similar for shipment to Illinois Waterway Project Office 257 Grant Street, Peoria, IL 61603.

The following items, but not limited to, are to be included in an inspection report with photographic evidence and detailed description of components condition and any components that are outside their allowable tolerances.

Manufacturer: Bosch Rexroth Corporation

MG Cylinder TV Cylinder Bore 11.024 in 11.024 in Rod Dia. 8.661 in 5.511 in Stroke 280.988 in 67.484 in Design Pressure 3000 psi 3000 psi Test Pressure 3000 psi 3000 psi Hyd. Fluid Mobil DTE Excel

Mobil DTE Excel

While at the repair facility, the following work is to be performed:

1. Hydraulic Cylinders

a. Disassembly/Inspection

i. Cylinder shell is to be cleaned and blasted to raw metal, and inspected for corrosion and damage to the bore. Bore dimensions are to be taken every 12”, at a minimum.

ii. Cylinder piston is to be removed, cleaned, and chrome plating inspected.

iii. All internal seals and guiding strips are to be removed and inspected.

iv. Cylinder end caps are to be cleaned, blasted, and inspected.

v. Stainless steel piping is to be cleaned and inspected.

vi. All threaded connections and sealing grooves are to be cleaned and inspected.

vii. All valving is to be removed and threaded interface cleaned and inspected.

b. Rehabbed/Reassembled

i. Cylinder bore is to be honed and polished. If cylinder shell is found to be damaged/corroded and wall thickness does not meet required thickness, replace cylinder shell.

ii. New cylinder rods are to be fabricated.

1. Rods are to be made out of one of the following substrate materials:

Material Standar d S355x EN 10025/ EN 10250 / EN 10210/ EN 10297/ others 25CrMo4 (Q+T) EN 10083

S460NH EN 10210

2. Rods must be machined to be compatible with CIMS (Cylinder Integrated Measuring System) units.

3. Rods are to have anti-corrosion laser cladding applied to substrate material.

iii. Install new seals and guiding strips that are compatible with new rod coating.

iv. Provide all new valving with stainless steel bodies.

v. Provide new CIMS units with stainless steel bodies.

vi. Install new corrosion resistant hardware for all bolted connections

vii. Repaint cylinders per specifications.

viii. Cylinders are to be filled with Mobil DTE 10 Excel 15 hydraulic fluid, to be compatible with fluid used on site.

ix. Cylinders are to be tested by contractor at the repair facility in prior to return shipment.

x. “Spare” cylinders (one miter gate hydraulic cylinder and one Tainter valve hydraulic cylinder” are to be prepped for long term storage before shipment.

2. Hydraulic Cylinder Manifolds

Manifolds are to be rehabilitated:

i. Manifolds are to be cleaned and blasted to raw metal, and inspected for corrosion damage.

ii. Clean all threaded connections and sealing grooves.

iii. Replace all valving with new stainless steel units.

iv. Provide new corrosion resistant hardware for all bolted connections.

v. Repaint manifold per specifications

b. Option work (if exercised):

i. Manifolds are to be replaced with units of 316 stainless steel construction. These units are to be built with all stainless steel valving, and corrosion resistant hardware.

ii. This option will be included with the award of the miter gate cylinders if chosen.

iii. If the manifolds are replaced with new 316 stainless steel units, the existing manifolds are to be demolished.

3. Cardanic Ring Assemblies

a. Cardanic ring, trunnion, and pins are to be cleaned and blasted exposing raw substrate material.

b. Inspect components for deficiencies. If excessive wear is found on components, they are to be replaced, per USACE instruction.

c. Repaint body of trunnion and cardanic ring.

4. The following items are to be provided for the above work items.

a. Inspection report with detailed pictures and descriptions of components condition.

b. Complete drawings of rehabbed cylinders to include all internal and external components.

c. Complete material summary list.

d. Overhaul report stating the work that was completed.

e. All materials that are replaced are to be disposed of properly by the contractor.

5. Schedule

a. The overall schedule is to take Peoria Lock out of operation week 28 (July 6th to July 12th) at which time USACE will remove the cylinders. USACE will place cylinder assemblies on a contractor’s transportation method as soon as July 16th but as late as July 23rd to be shipped to contractor’s repair facility, certified to perform original manufacturer’s specification rehabilitation. The contractor will have from week 29 to 37 (September 13th) to preform repairs on 4 out of 5 miter gate hydraulic cylinders. Once work is complete, the contractor is responsible for loading a flatbed truck or similar for shipment to Illinois Waterway Project Office 257 Grant Street, Peoria, IL 61603.The cylinders must be back onsite at Peoria Lock and Dam by 13 September 2020. The remaining miter gate cylinder must be back to Peoria Lock and Dam by 15 October 15 2020.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

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

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-20 Predecessor of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.223-6 Drug-Free Workplace MAY 2001 52.225-2 Buy American Certificate MAY 2014 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

AUG 2018

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

Subcontractors

DEC 2013

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 52.244-6 Subcontracts for Commercial Items AUG 2019 52.246-1 Contractor Inspection Requirements APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 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 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 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

MAY 2019

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN 0001 - 4 Miter Gate Cylinders are required by 13 September 2020

CLIN 0002 – 1 Miter Gate Cylinder is required by 15 October 2020

If awarded, CLIN 0101 – Manifold replacements for all 5 Miter Gate Cylinders. 4 required on same delivery date as CLIN 0001 and 1 required on same delivery date at CLIN 0002.

If awarded, CLINS 0201 through 0601 are required 20 weeks from date of contract modification.

If awarded, CLINs 0701 through 1101 are required 19 weeks from date of contract modification.

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $1,600.00 per calendar day of delay.

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

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

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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

(C) If this solicitation is a request for proposals, it was the only proposal received.

(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.

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

(j) Unique entity identifier. (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).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(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) 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, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Capability: (Work Plan Narrative and Schedule)

Work Plan Narrative:

The Offeror shall submit a Work Plan that describes their overall plan to complete the contract work. The Offeror is encouraged to provide descriptions and illustrations which show the contractor’s, subcontractor’s, and supplier’s qualifications and methodology to accomplish the work, including, but not limited to, descriptions of equipment, special fabrications, and specialized labor. Items of particular concern to the government are:

• The fabrication of CIMS profile with regard to not only the profile but the ability of the sensor to read profile through the laser cladding.

http://www.sam.gov/

• Compatibility of CIMS profile with existing PLC control logic.

• Complete detailed drawing set, CAD files, and material list for entire hydraulic cylinder assembly and manifolds.

The Government will evaluate the work plan narrative based on the following:

• Completeness of plan with respect to items of concern listed above;

• Demonstration of thorough understanding of and ability to complete the Scope of Work;

• Reasonableness of contractor sequencing; and

• Ability to mitigate risk associated with project features.

Schedule:

The Offeror shall submit a critical path schedule and narrative demonstrating a logical and efficient sequence for completing the Scope of Work. Items of particular concern to the government are:

• Labels and durations on all activities;

• Detailed work sequences for all major activities, including the reasoning for the timing of activities;

• Critical long-lead time materials and fabrications; and

• The fact the timeline is extremely condensed, without the possibility for an extension.

The Government will evaluate the schedule based on the following:

• Completeness and reasonableness of the schedule;

• Demonstration of thorough understanding of the Scope of Work;

• Reasonableness of work sequencing;

• Ability to mitigate scheduling risk;

• Consideration of long lead times for materials.

2. Price:

Offerors SHALL complete and submit the schedule of prices with their quote and include a price for each line item. Failure to do so will result in the offer being rejected without further consideration.

The Offeror shall ensure the information submitted is consistent with and fully supports the dollar values set forth in the SF1449 Schedule of Prices.

The Government may reject any quote that is evaluated and determined to be unrealistic in terms of project commitments, or unreasonably high or low in when compared to Government estimate, such that the quote is deemed to reflect an inherent lack of competence or failure to comprehend the complexity of the project.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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;

https://www.sam.gov/

(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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“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 service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“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 size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is…