W912EK20T0035.pdf

SEE ADDENDUM

(No Collect Calls)

W912EK20T0035 09-Mar-2020

b. TELEPHONE NUMBER

309-794-5048

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Mar 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

96514700425809

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332510

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF44

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

Peoria – Schedule of Prices

PEORIA BUBBLER PIPING IN LOCK CHAMBER SUPPLY

All items shall be packaged and labeled in accordance with headings for each phase of work that the items fall under. The government will use this packaging as a means to separate the components for the phase of work. If items cannot be grouped into packages, individual items shall be labeled with the proper heading. For items with part numbers, the piece shall also be labeled with the associated part number.

CLIN Part No. Unit QTY Description Material Unit Price Amount

DOWNSTREAM

0001 N/A Each 12 3" Dia. Roll Grooved Pipe, 20' Long ASTM A312, Type 304L

0002 N/A Each 1 3" Dia. Roll Grooved Pipe, 13' 1" Long ASTM A312, Type 304L

0003 N/A Each 1 3" Dia. Roll Grooved Pipe, 3' Long ASTM A312, Type 304L

0004 N/A Each 1 3" Dia. Roll Grooved Pipe, 4' 4" Long ASTM A312, Type 304L

0005 N/A Each 1 3" Dia. Roll Grooved Pipe, 4' 3" Long ASTM A312, Type 304L

0006 N/A Each 1 3" Dia. Roll Grooved Pipe, 1' 6" Long ASTM A312, Type 304L

0007 N/A Each 1 2.5" Dia. Roll Grooved Pipe, 1' 6" Long ASTM A312, Type 304L

0008 M-575-D1 Each 2 2.5" x 20' Bubbler Assembly, w/ 2 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0009 M-575-B1 Each 2 2.5" x 20' Bubbler Assembly, w/ 3 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0010 M-575-A1 Each 1 2.5" x 2' 5" Bubbler Assembly, w/ 1 branch fitting ASTM A312, Type 304L/ ASTM A182 F304L

0011 M-575-D1 Each 2 2" Dia. Roll Grooved Pipe, 4' 6" Long; Sch 40 ASTM A312, Type 304L

0012 N/A Each 2 2" Dia. Roll Grooved Pipe, 1' 2" Long; Sch 40 ASTM A312, Type 304L

0013 N/A Each 2 2" Dia. Roll Grooved Pipe, 8.5" Long; Sch 40 ASTM A312, Type 304L

0014 M-576-A1 Each 2 2" x 20' Bubbler Assembly w/ 4 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0015 M-576-B1 Each 2 2"x20' Bubbler Assembly w/ 2 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0016 M-576-D1 Each 2 2"x10' Bubbler Assembly w/ 1 branch fitting ASTM A312, Type 304L/ ASTM A182 F304L

0017 M-576-E1 Each 2 2" x 5' 4" Bubbler Assembly w/ 2 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

UPSTREAM

0018 N/A Each 7 3" Dia. Roll Grooved Pipe, 20' Long ASTM A312, Type 304L

0019 N/A Each 1 3" Dia. Roll Grooved Pipe, 18' 5" Long ASTM A312, Type 304L

0020 N/A Each 2 3" Dia. Roll Grooved Pipe, 16' Long ASTM A312, Type 304L

0021 N/A Each 1 3" Dia. Roll Grooved Pipe, 14' 10" Long ASTM A312, Type 304L

0022 N/A Each 2 3" Dia. Roll Grooved Pipe, 5' 7" Long ASTM A312, Type 304L

0023 N/A Each 1 3" Dia. Roll Grooved Pipe, 3' Long ASTM A312, Type 304L

0024 N/A Each 1 3" Dia. Roll Grooved Pipe, 9' 1" Long ASTM A312, Type 304L

0025 N/A Each 1 3" Dia. Roll Grooved Pipe, 9' 8" Long ASTM A312, Type 304L

0026 N/A Each 1 3" Dia. Roll Grooved Pipe, 8' Long ASTM A312, Type 304L

0027 N/A Each 1 3" Dia. Roll Grooved Pipe, 4' 2" Long ASTM A312, Type 304L

0028 N/A Each 1 3" Dia. Roll Grooved Pipe, 5' 1" Long ASTM A312, Type 304L

0029 M-577-A1 Each 1 2.5" x 20' Bubbler Assembly, w/ 3 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0030 M-577-B1 Each 2 2.5" x 20' Bubbler Assembly, w/ 2 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0031 M-577-D1 Each 2 2.5" x 7' 6" Bubbler Assembly, w/ 1 branch fitting ASTM A312, Type 304L/ ASTM A182 F304L

0032 M-577-E1 Each 2 2.5" x 5' 8" Bubbler Assembly, w/ 1 branch fitting ASTM A312, Type 304L/ ASTM A182 F304L

0033 M-577-F1 Each 1 2.5" x 7' 1" Bubbler Assembly, w/ 1 branch fitting ASTM A312, Type 304L/ ASTM A182 F304L

0034 M-577-C1 Each 1 2.5" x 13' Bubbler Assembly, w/ 2 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0035 N/A Each 2 2" Dia. Roll Grooved Pipe, 4' 6" Long ASTM A312, Type 304L

0036 N/A Each 2 2" Dia. Roll Grooved Pipe, 8.5" Long ASTM A312, Type 304L

0037 N/A Each 2 2" Dia. Roll Grooved Pipe, 1' 2" Long ASTM A312, Type 304L

0038 M-576-A1 Each 2 2" x 20' Bubbler Assembly, w/ 4 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0039 M-576-B1 Each 2 2" x 20' Bubbler Assembly, w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0040 M-576-D1 Each 2 2" x 10' Bubbler Assembly, w/ 1 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0041 M-576-E1 Each 2 2" x 5' 4" Bubbler Assembly, w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

TOTAL OF ESTIMATED AMOUNTS LOCK CHAMBER BUBBLER (BID ITEM NOS. 0001 THRU 0041, INCL.)

EA = EACH LF = LINEAR FEET **PLEASE ENSURE THAT UNIT PRICE AND AMOUNT LINES FOR ALL ITEMS HAVE BEEN COMPLETED.**

Marseilles – Schedule of Prices

MARSEILLES BUBBLER PIPING IN LOCK CHAMBER SUPPLY

All items shall be packaged and labeled in accordance with headings for each phase of work that the items fall under. The government will use this packaging as a means to separate the components for the phase of work. If items cannot be grouped into packages, individual items shall be labeled with the proper heading. For items with part numbers, the piece shall also be labeled with the associated part number.

CLIN Part No. Unit QTY Description Material Unit Price Amount

DOWNSTREAM

0042 N/A Each 10 3" Dia. Roll Grooved Pipe, 20' Long ASTM A312, Type 304L

0043 N/A Each 1 3" Dia. Roll Grooved Pipe, 19' 9" Long ASTM A312, Type 304L

0044 N/A Each 1 3" Dia. Roll Grooved Pipe, 19' Long ASTM A312, Type 304L

0045 N/A Each 1 3" Dia. Roll Grooved Pipe, 2' 6" Long ASTM A312, Type 304L

0046 N/A Each 1 3" Dia. Roll Grooved Pipe, 7' 11" Long ASTM A312, Type 304L

0047 N/A Each 1 3" Dia. Roll Grooved Pipe, 2' Long ASTM A312, Type 304L

0048 N/A Each 1 3" Dia. Roll Grooved Pipe, 1' 6" Long ASTM A312, Type 304L

0049 N/A Each 1 3" Dia. Roll Grooved Pipe, 5' 10 5/8" Long ASTM A312, Type 304L

0050 N/A Each 1 3" Dia. Roll Grooved Pipe, 9' 1 1/2" Long ASTM A312, Type 304L

0051 N/A Each 1 3" Dia. Roll Grooved Pipe, 18' Long ASTM A312, Type 304L

0052 M-575-D1 Each 3 3" Dia. Roll Grooved Pipe, 10' Long, Bent to 15' 6" Radius ASTM A312, Type 304L

0053 N/A Each 2 3" Dia. Roll Grooved Pipe, 1' Long ASTM A312, Type 304L

0054 N/A Each 1 3" Dia. Roll Grooved Pipe, 2' 1-3/4" Long ASTM A312, Type 304L

0055 N/A Each 1 3" Dia. Roll Grooved Pipe, 2' 7" Long ASTM A312, Type 304L

0056 M-577-A1 Each 3 3" Dia. Pipe, 20' Long, One end 3" NPT, One End Roll Grooved ASTM A312, Type 304L

0057 M-575-A1 Each 3 2.5" x 20' Bubbler Assembly w/ 3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0058 M-575-B1 Each 2 2.5" x 20' Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0059 N/A Each 2 2" Dia Roll Grooved Pipe, 1' 4" Long ASTM A312, Type 304L

0060 N/A Each 2 2" Dia Roll Grooved Pipe, 8" Long ASTM A312, Type 304L

0061 M-576-E1 Each 2 2" x 7' 6" Bubbler Assembly, 15' 6" Radius w/ 2 branch fittings ASTM A312, Type 304L/ ASTM A182 F304L

0062 M-576-C1 Each 2 2" x 9' Bubbler Assembly, 15' 6" Radius w/ 1 branch fitting ASTM A312, Type 304L/ ASTM A182 F304L

0063 M-576-A1 Each 2 2" x 20' Bubbler Assembly w/ 4 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0064 M-576-B1 Each 2 2" x 20' Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

UPSTREAM

0065 N/A Each 1 3" Dia. Roll Grooved Pipe, 20' Long ASTM A312, Type 304L

0066 M-577-A1 Each 2 3" Dia. Pipe, 20' Long, One end 3" NPT, One End Roll Grooved ASTM A312, Type 304L/ ASTM A182 F304L

0067 M-577-B1 Each 1 3" Dia. Roll Pipe, 19' 6" Long, One end 3" NPT, One End Roll Grooved ASTM A312, Type 304L/ ASTM A182 F304L

0068 N/A Each 1 3" Dia. Roll Grooved Pipe, 17' 4" Long ASTM A312, Type 304L

0069 N/A Each 1 3" Dia. Roll Grooved Pipe, 15' Long ASTM A312, Type 304L

0070 M-577-D1 Each 5 3" Dia. Pipe, 20' Long, 71' 6" Radius Bend, Flanged Ends ASTM A312, Type 304L/ ASTM A182 F304L

0071 M-577-E1 Each 3 3" Dia. Roll Grooved Pipe, 10' Long, 15' 6" Radius Bend, one end flanged , one end roll grooved

ASTM A312, Type 304L/ ASTM A182 F304L

0072 M-578-A1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius, Flanged ends ASTM A312, Type 304L/ ASTM A182 F304L

0073 M-578-B1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius. Flanged ends ASTM A312, Type 304L/ ASTM A182 F304L

0074 M-578-D1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 2 Branch Fittings. 71' 6" Bend Radius, Flanged ends ASTM A312, Type 304L/ ASTM A182 F304L

0075 M-578-E1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius, Flanged ends ASTM A312, Type 304L/ ASTM A182 F304L

0076 M-578-F1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0077 N/A Each 1 2" Dia Roll Grooved Pipe, 1' 11" Long ASTM A312, Type 304L

0078 M-579-C5 Each 2 2" x 4' 1" Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0079 M-579-E1 Each 2 2" x 5' 1" Bubbler Assembly w/ 1 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0080 M-579-A1 Each 2 2" x 20' Bubbler Assembly w/ 3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0081 M-579-B1 Each 2 2" x 18' Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0082 M-579-C1 Each 2 2" x 8' 6" Bubbler Assembly w/ 1 Branch Fitting. 15' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

TOTAL OF ESTIMATED AMOUNTS LOCK CHAMBER BUBBLER (BID ITEM NOS. 0042 THRU 0082, INCL.)

EA = EACH LF = LINEAR FEET **PLEASE ENSURE THAT UNIT PRICE AND AMOUNT LINES FOR ALL ITEMS HAVE BEEN COMPLETED.**

Starved Rock – Schedule of Prices

STARVED ROCK BUBBLER PIPING IN LOCK CHAMBER SUPPLY

All items shall be packaged and labeled in accordance with headings for each phase of work that the items fall under. The government will use this packaging as a means to separate the components for the phase of work. If items cannot be grouped into packages, individual items shall be labeled with the proper heading. For items with part numbers, the piece shall also be labeled with the associated part number.

CLIN Part No. Unit QTY Description Material Unit Price Amount

DOWNSTREAM

0083 N/A Each 10 3" Dia. Roll Grooved Pipe, 20' Long ASTM A312, Type 304L

0084 N/A Each 1 3" Dia. Roll Grooved Pipe, 13' 2" Long ASTM A312, Type 304L

0085 N/A Each 2 3" Dia. Roll Grooved Pipe, 2' 2" Long ASTM A312, Type 304L

0086 N/A Each 1 3" Dia. Roll Grooved Pipe, 2' 3/4" Long ASTM A312, Type 304L

0087 N/A Each 1 3" Dia. Roll Grooved Pipe, 1' Long ASTM A312, Type 304L

0088 N/A Each 1 3" Dia. Roll Grooved Pipe, 2' Long ASTM A312, Type 304L

0089 N/A Each 1 3" Dia. Roll Grooved Pipe, 1' 6" Long ASTM A312, Type 304L

0090 N/A Each 1 3" Dia. Roll Grooved Pipe, 3' 10" Long ASTM A312, Type 304L

0091 N/A Each 1 3" Dia. Roll Grooved Pipe, 4" Long ASTM A312, Type 304L

0092 M-576-D1 Each 3 3" Dia. Roll Grooved Pipe, 15' 6" Bend Radius, 10' Long ASTM A312, Type 304L

0093 M-576-F1 Each 2 3" Dia. Roll Grooved Pipe, 15' 6" Bend Radius, 2' Long ASTM A312, Type 304L

0094 M-576-A1 Each 2 2.5" x 20' Bubbler Assembly w/ 3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0095 M-576-B1 Each 2 2.5" x 20' Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0096 M-576-D1 Each 1 2.5" x 18' 6" Bubbler Assembly w/ 3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0097 M-579-D1 Each 2 2" x 8' Bubbler Assembly w/ 1 Branch Fitting. 15' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0098 M-578-F1 Each 1 2" x 17' 8" Bubbler Assembly w/3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0099 M-578-B1 Each 1 2" x 20' Bubbler Assembly w/2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0100 M-578-A1 Each 1 2" x 20' Bubbler Assembly w/2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0101 M-579-B1 Each 1 2" x 16' Bubbler Assembly w/2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0102 M-579-E1 Each 1 2" x 4' 3" Bubbler Assembly w/ 1 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0103 M-579-B7 Each 2 2" x 5' 5" Bubbler Assembly w/ 2 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0104 M-579-A7 Each 1 2" x 6' Bubbler Assembly w/ 2 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0105 N/A Each 1 2" Dia. Roll Grooved Pipe, 8" Long ASTM A312, Type 304L

0106 N/A Each 2 2" Dia. Roll Grooved Pipe, 3' 7" Long ASTM A312, Type 304L

UPSTREAM

0107 M-575-A1 Each 2 3" Dia. Pipe, 20' Long. One End Roll Grooved, One End 3" NPT ASTM A312, Type 304L

0108 N/A Each 1 3" Dia. Roll Grooved Pipe, 1' 8" Long ASTM A312, Type 304L

0109 M-575-F4 Each 3 3" Dia. Roll Grooved Pipe, 15' 6" Radius Bend, 10' Long. One end flanged, one end roll grooved ASTM A312, Type 304L/ ASTM A182 F304L

0110 M-575-B1 Each 5 3" Pipe Assembly, 71' 6" Radius Bend, 20' Long w/ two flanges ASTM A312, Type 304L/ ASTM A182 F304L

0111 M-575-D4 Each 1 3" Pipe Assembly, 71' 6" Radius Bend, 10' Long w/ two flanges ASTM A312, Type 304L/ ASTM A182 F304L

0112 N/A Each 1 3" Dia. Roll Grooved Pipe, 20' Long ASTM A312, Type 304L

0113 N/A Each 1 3" Dia. Roll Grooved Pipe, 17' 4" Long ASTM A312, Type 304L

0114 M-577-A1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0115 M-577-B1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0116 M-577-D1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 2 Branch Fittings. 71' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0117 M-577-E1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0118 M-577-F1 Each 1 2-1/2" x 20' Bubbler Assembly w/ 3 Branch Fittings. 71' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0119 M-579-B7 Each 2 2" x 5' 5" Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0120 M-579-E1 Each 1 2" x 4' 3" Bubbler Assembly w/ 1 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0121 M-578-C1 Each 1 2" x 20' Bubbler Assembly w/ 3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0122 M-579-A1 Each 1 2" x 16' 10" Bubbler Assembly w/2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0123 M-579-D1 Each 2 2" x 8' 9" Bubbler Assembly w/ 1 Branch Fitting. 15' 6" Bend Radius ASTM A312, Type 304L/ ASTM A182 F304L

0124 M-579-F1 Each 1 2" x 2' Bubbler Assembly w/ 1 Branch Fitting ASTM A312, Type 304L/ ASTM A182 F304L

0125 M-578-D1 Each 1 2" x 20' Bubbler Assembly w/ 3 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0126 M-578-E1 Each 1 2" x 19' Bubbler Assembly w/ 2 Branch Fittings ASTM A312, Type 304L/ ASTM A182 F304L

0127 N/A Each 1 2" Dia. Roll Grooved Pipe, 1' 4" Long ASTM A312, Type 304L

TOTAL OF ESTIMATED AMOUNTS LOCK CHAMBER BUBBLER (BID ITEM NOS. 0083 THRU 0127, INCL.) $

EA = EACH LF = LINEAR FEET **PLEASE ENSURE THAT UNIT PRICE AND AMOUNT LINES FOR ALL ITEMS HAVE BEEN COMPLETED.**

Scope of Work

Provide quantities and fabricated materials in support of Peoria, Marseilles, and Starved Rock Bubbler Systems.

Bubbler System, as specified below in the Specifications and in the Schedule of Prices.

1. Cost for packaging and delivery to each FOB Destination shall be included in cost of each item.

2. Delivery Date(s): All items shall be delivered 6 weeks after award and any items that cannot meet this date will be coordinated in writing to C.J. Brooks at Curtis.J.Brooks@USACE.army.mil

3. Deliver to:

Peoria: Peoria Lock and Dam – 1071 Wesley Road Creve Coeur, IL 61610-3869 Marseilles Marseilles Lock and Dam –2199 Hawk Road Marseilles, IL 61341-0117 Starve Rock: Starved Rock Lock and Dam –950 N. 27th Road Ottawa, IL 61350-9736

The contractor shall deliver the items to the Peoria, Marseilles, and Starved Rock Lock and dam per the Schedule of Prices. Each site shall be labeled, packaged and delivered according to the Schedule of Prices.

Delivery of all supplies shall be coordinated with C.J. Brooks. Delivery of the items shall be via FOB Destination between 0800 and 1530 hours Monday through Friday; excluding holidays.

4. Sustainability Requirements: N/A.

5. Security: **NOTE: To protect the privacy of the Contractor, all Contractor employees, and all sub-contractor employees, background checks, OPSEC SOPs, E-verify, and I-9 forms shall be submitted with a coversheet stating the contract number (e.g. W912EK-15-C-XXXX), title of project, and the company's point of contact information, in a sealed envelope/container and mailed to:

Security Office U.S. Army Corps of Engineers Rock Island District 1500 Rock Island Drive Rock Island, IL 61201

Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program website (http://www.uscis.gov/e-verify) to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. Documentation of company enrollment in E-verify, via a print screen of the company profile within the E-verify system, must be submitted to the Security Office no later than 3 business days after the initial Notice to Proceed.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification must be given/coordinated with the designated Government representative. This Form will be provided to the Security Office after Notice to Proceed is given.

To protect the privacy of the Contractor, all Contractor employees, and all sub-contractor employees, background checks, OPSEC SOPs, E-verify, and I-9 forms shall be submitted with a coversheet stating the contract number (e.g. W912EK-15-C-XXXX), title of project, and the company's point of contact information, in a sealed envelope/container and mailed to:

Security Office U.S. Army Corps of Engineers Rock Island District 1500 Rock Island Drive

Rock Island, IL 61201

6. Invoicing/Payment Processing: Invoices are to be submitted via email to Curtis.J.Brooks@usace.army.mil. Please ensure that your invoice reflects the company name(s) and physical address listed on your System for Award Management (SAM) registration.

7. See Attachment 0001 – Peoria Plan-Set, Attachment 0002 – Marseilles Plan-Set, and Attachment 0003 – Starved Rock Plan-Set for Rolled Groove Piping drawings.

TABLE OF CONTENTS

PART 1 GENERAL

1.1 SUMMARY

1.2 REFERENCES

1.3 DELIVERY, STORAGE, AND HANDLING

PART 2 PRODUCTS

2.1 MANUFACTURED ITEMS

2.2.1 Stainless Steel Bubbler Pipe

2.2.2 Stainless Steel Fittings

2.2.3 Stainless Steel Bolts, Nuts, and Washers

W912EK20T0035

PART 1 GENERAL

1.1 SUMMARY

This section addresses the supply of stainless steel pre-fabricated sections of bubbler pipe per drawing sets. All supplies will conform to the drawings sets and any alteration of material or drawing sets has to be approved by USACE in written guidance.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

ASTM INTERNATIONAL (ASTM)

ASTM A312, Type 304L (2014) Standard Specification for stainless Steel pipe.

ASTM A276/A276M Type 304L (2014) Standard Specification for stainless steel fittings and etc.

1.3 DELIVERY, STORAGE, AND HANDLING

Delivery, handling, and storage of materials and fabricated items shall conform to the requirements specified herein. Protect materials from corrosion, deformation, and other types of damage. Store items in an enclosed area free from contact with soil and weather. Remove and replace damaged items with new items.

PART 2 PRODUCTS

2.1 MISCELLANEOUS METALS AND STANDARD METAL ARTICLES

Miscellaneous metal materials and standard metal articles shall conform to the respective specifications and other designated requirements.

Sizes shall be as specified or shown. Where material requirements are not specified, materials furnished shall be suitable for the intended use and shall be subject to approval by the Government.

2.1.1 Stainless Steel Bubbler Pipe

ASTM A312, Type 304, Schedule 40

2.1.2 Stainless Steel Fittings

ASTM A276/A276M Type 304L

2.2.3 Stainless Steel Threaded Rod and Nuts

ASTM A193/A193M, Grade B8. UNC threads. Heavy hex nuts shall conform to ASTM A194/A194M, Grade 8.

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate Of Independent Price Determination APR 1985 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 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

CLAUSES INCORPORATED BY FULL TEXT

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.

(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)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

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

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

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

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

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

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

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

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

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

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

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

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph…