W912EP18Q0004_Lease_Radios.pdf

SEE ADDENDUM

(No Collect Calls)

W912EP18Q0004 14-Sep-2018

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 21 Sep 2018

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.

W912EP9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USA ENGINEER DISTRICT, JACKSONVILLE

CONTRACTING DIVISION

701 SAN MARCO BLVD

JACKSONVILLE FL 32207-8175

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

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

CESAJ-OD

JOY SPENCER

1301 BEACH SE

ST PETERSBURG FL 33701

TEL: (904) 232-2978 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334511

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 OF81

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.

W912EP18Q0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Supply (lease) Trimble Radio TDL 450

FFP

The contractor shall lease marine grade, ruggedized, Trimble TDL 450 HX radios to the Government. The radio shall transmit and receive at high performance throughout the 450 – 470 MHz bands. See Statement of Work.

NET AMT

0001AA 40 Each Trimble HPB450 Radio Modem

FFP

Contractor shall provide Trimble HPB450 Radio Modems with the 450-470MHz band in accordance with the Statement of Work. Items shall be delivered and installed within 60 days of task order issuance.

FOB: Destination

0001AB 1 Shipment Shipping

FFP

See Statement of Work

OPTION Supply (lease) Trimble Radio TDL 450

FFP

The contractor shall lease marine grade, ruggedized, Trimble TDL 450 HX radios throughout the 450 – 470 MHz bands. See Statement of Work

1001AA 40 Each OPTION Trimble HPB450 Radio Modem

FFP

Contractor shall provide Trimble HPB450 Radio Modems with the 450-470MHz band in accordance with the Statement of Work. Items shall be delivered and

1001AB Shipment OPTION Shipping

FFP

OPTION Supply (lease) Trimble Radio TDL 450

FFP

The contractor shall lease marine grade, ruggedized, Trimble TDL 450 HX radios

2001AA 40 Each OPTION Trimble HPB450 Radio Modem

FFP

Contractor shall provide Trimble HPB450 Radio Modems with the 450-470MHz band in accordance with the Statement of Work. Items shall be delivered and

2001AB 1 Shipment OPTION Shipping

FFP

OPTION Supply (lease) Trimble Radio TDL 450

FFP

The contractor shall lease marine grade, ruggedized, Trimble TDL 450 HX radios

3001AA 40 Each OPTION Trimble HPB450 Radio Modem

FFP

Contractor shall provide Trimble HPB450 Radio Modems with the 450-470MHz band in accordance with the Statement of Work. Items shall be delivered and

3001AB Shipment OPTION Shipping

FFP

OPTION Supply (lease) Trimble Radio TDL 450

FFP

The contractor shall lease marine grade, ruggedized, Trimble TDL 450 HX radios

4001AA 40 Each OPTION Trimble HPB450 Radio Modem

FFP

Contractor shall provide Trimble HPB450 Radio Modems with the 450-470MHz band in accordance with the Statement of Work. Items shall be delivered and

4001AB 1 Shipment OPTION Shipping

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

0001AA Destination Government Destination Government

0001AB Destination Government Destination Government

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

1001AA Destination Government Destination Government

1001AB Destination Government Destination Government

2001 N/A N/A N/A N/A

2001AA Destination Government Destination Government

2001AB Destination Government Destination Government

3001 N/A N/A N/A N/A

3001AA Destination Government Destination Government

3001AB Destination Government Destination Government

4001 N/A N/A N/A N/A

4001AA Destination Government Destination Government

4001AB Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0001AA POP 28-SEP-2018 TO

27-SEP-2019

N/A CESAJ-OD

JOY SPENCER

1301 BEACH SE

ST PETERSBURG FL 33701

(904) 232-2978

0001AB POP 28-SEP-2018 TO

27-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

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

1001AA POP 28-SEP-2019 TO

27-SEP-2020

N/A CESAJ-OD

JOY SPENCER

1301 BEACH SE

ST PETERSBURG FL 33701

1001AB POP 28-SEP-2019 TO

27-SEP-2020

2001 N/A N/A N/A N/A

2001AA POP 28-SEP-2020 TO

27-SEP-2021

N/A CESAJ-OD

JOY SPENCER

1301 BEACH SE

ST PETERSBURG FL 33701

2001AB POP 28-SEP-2020 TO

27-SEP-2021

3001 N/A N/A N/A N/A

3001AA POP 28-SEP-2021 TO

27-SEP-2022

N/A CESAJ-OD

JOY SPENCER

1301 BEACH SE

ST PETERSBURG FL 33701

3001AB POP 28-SEP-2021 TO

27-SEP-2022

4001 N/A N/A N/A N/A

4001AA POP 28-SEP-2022 TO

27-SEP-2023

N/A CESAJ-OD

JOY SPENCER

1301 BEACH SE

ST PETERSBURG FL 33701

4001AB POP 28-SEP-2022 TO

27-SEP-2023

STATEMEMENT OF WORK

Statement of Work

Marine Grade, Ruggedized, Trimble TDL 450 HX or Trimble TDL 450H Radio Lease

(version 08/02/2018)

1. DESCRIPTION OF ITEMS TO BE PROCURED:

a. General Description:

The contractor shall lease marine grade, ruggedized, Trimble TDL 450 HX radios to the Government. The radio shall transmit and receive at high performance throughout the 450 – 470 MHz bands. The radios shall seamlessly interoperate with Trimble RTK Systems. Off the shelf, the furnished radios shall be designed by the manufacturer for interoperability with Trimble R7, R8, R10 and SPS855 GNSS systems and Trimble GPS. The radios shall have the ability to be incorporated with the existing GNSS systems without the need for modifications, customized parts, or adapters due to the inherent field complications (i.e. corrosion) associated with excessive connections and wire splices in a Floridian marine environment that consists of high heat, high humidity, and a significant amount of salinity.

b. Characteristics of these Items:

The radios shall offer high power broadcast of GPS correction data with reduced latency. The leased radios shall have the ability to perform automatic channel scanning, which scans all available channels and returns to the best one for transmission. The leased radios shall be suitable for outdoor, coastal, field work consuming minimal power and shall be reliable for daily performance in operating temperatures that average at 120° F. The leased radios shall have a user interface that includes channel display, lights that indicate system status, and on/off control.

The radios shall be designed by the manufacturer for use with internal 450 - 470 MHz radios.

The radios shall be furnished in a brand new or like new condition.

Due to the requirement for CESAJ-OD-H to routinely operate in facilities such as US Naval Station Kings Bay and

USMC Blount Island, the highest level of data security is required. A small number of CESAJ-OD-H employees have been approved for top secret security clearances and special access passes in order to conduct hydrographic surveys within the inner, highly secure sections of these bases. Even with the security clearances, these hydrographic surveyors are only permitted to survey during specific windows of time as specified by the base OPSEC. These areas house the Ohio-Class ballistic and guided missiles and other top secret weapons. A radio that transmits using

CMRx technology is required in order to maintain the high level of data security that is expected from a government operated hydrographic surveying unit. Data leaks caused by the use of inferior technology would be heavily investigated by OPSEC and the Pentagon.

CMRx is smaller packet size which results in greater reception reliability and fewer lost packets. This is especially important near naval bases where the radio spectrum can be very busy. The larger the packet, the longer the radio takes to transmit the packet, and the greater the chance that there will be some other transmission that might interfere with our transmission causing the lost packet.

In addition to the data security that CMRx provides, it also provides a larger amount of correction data to be transmitted much quicker, which allows the computations for the horizontal and vertical position of the vessel and the survey sounder and associated computers to be performed much quicker as well, which provides for a more accurate position solution. It is of the utmost importance to provide as accurate data positioning as possible, in particular the elevation of the data as this value directly impacts the "Volume Quantity" calculations of dredged materials, which is the basis for how much the dredge contractors get paid.

In addition to the increased speed, quantity and accuracy of the positioning data that the CMRx format provides, it also helps the radio unit to run much cooler. This is important because the radios will shut down if they overheat.

The radios are exposed to the outdoors summertime temperatures, which here in Florida can exceed more than 100°

F for most of the day. When the radios shut down due to heat, it stops the survey because a good location fix cannot then be attained. Therefore, it is important to get radios that have the highest capacity to reduce the heat emitted because the heat emitted from the radio unit added on top of the ambient temperatures in summertime Florida can preclude us from being able to perform critical dredging related surveys.

The radios shall have the following specifications.

Full metal construction, marine grade, ruggedized, anti-rust, anti-corrosive

Operable as a base station or as a rover

CMRx data transmission that allows for superior data integrity, encryption, and efficient data transfer (avg

40% data consistent (not blast) compression

Variable power that allows to power up for long baselines, or lower output power to extend battery life in field (2 W to 35 W)

Access to diagnostic data that allows the user to troubleshoot signal strength in the field and make adjustments without breaking down the system

High over air link rate: 19,200 bps

Supports 1 Hz RTK corrections for multi-constellation receivers

Sized to be mounted on the same tripod as the GNSS receiver

High-powered UHF data radios primarily used for Trimble GNSS base stations

External power: 11 V DC – 16 V DC, 15 Amp maximum

During RX:

o 1.7 W nominal @ 12 V DC

During TX:

o 115 W nominal @ 12 V DC, 35 W RF output o 45 W nominal @ 12 V DC, 8 W RF output o 25 W nominal @ 12 V DC, 2 W RF output

Link rate / modulation:

o 19,200 bps/4FSK, 9600 bps/4FSK, 19,200 bps/GMSK, 16,000 bps/GMSK, 9600 bps/GMSK, 8000 bps/GMSK, 4800 bps/GMSK

Link protocols: Transparent EOT/EOC/FST, packet-switched, Trimmark, Trimtalk, TT45OS (HW)

Allows for forward error correction

Frequency bands: 450 MHz to 473 MHz

Frequency control: synthesized 6.25 kHz tuning resolution; frequency stability + / - 1 ppm - 40° C to + 85°

C (-40 ° F to + 185° F)

RF transmitter output: programmable from 2 W to 35 W

Sensitivity: -110 dBm BER 10^(-5)

Type certification: accepted and certified for operation in USA

Enclosure: IP67 (dustproof and watertight to depth of 1 m for 30 minutes)

Operating temperature as a receiver: - 30 ° C to + 65 ° C (-22 ° F to 149 ° F)

Operating temperature as a transmitter: - 30 ° C to + 65 ° C (-22 ° F to 149 ° F)

Storage temperature: - 30 ° C to + 85 ° C (-22 ° F to 185 ° F)

Vibration: MIL – STD-810F

Each radio kit shall include all the parts and accessories to operate as a fully functioning RX or TX unit. Each radio kit shall include the following parts:

Data power connector

Rf connector o FRU TDL 450 Hx Radio 450 – 470 MHz, 35 W o TDL hard shell transport case o Cable TDL 450 0S/1S Lemo; SAE Power) o NMO to TNC Adapter Cable (9 ft) o Mount tripod, adapter plate for radio antenna mounting pole o Cable TDL 450 programming cable o Antenna Whip

Additional Components o Universal power adapter kit o Power supply adapter 35 W radio o Charger, SLA BAT, 100 – 240 VAC, 7.2 o Battery in pouch o Cable 2.7 M, power for TDL 450 o Antenna whip o Antenna quiver o Radio antenna mast o Mount tripod, adapter plate for radio antenna mounting pole o NMO to TNC adapter cable (9 ft) o Case pouch for radio antenna mounting pole o Bracket kit, remote sitenet 450 radio antenna o Mount, remote antenna, NMO with UHF connector o Cable – RF, 5 m TNC to N o NUT HEX 5/8-11 STL ZN

c. Characteristics of the lease

The contractor will lease between 35 – 45 Trimble TDL 450 HX radios to the Government. The exact number will be stated in the task order.

The contractor shall furnish active radios, pre-programmed, updated with the most recent applicable firmware, in turn-key, ready to use, fully operational condition for the purposes of hydrographic surveying. The COR will provide a list of radio frequencies that shall be programmed into the radios prior to delivery. The radios shall be field tested by the contractor using in-house staff prior to delivery to the Government. The contractor shall furnish the name of the employee that conducted the field test of each radio. The contractor shall deliver the leased radio(s) that are designated as active radios, to the Government within 60 days of award of a given task order.

In the event that a radio becomes inoperable, the government will notify the contractor in writing. The contractor shall provide over the phone technical support for troubleshooting the radio at no additional cost to the government.

Should over the phone troubleshooting prove to be insufficient, the government will mail the inoperable radio to the vendor’s facility using a government FEDEX account. The contractor shall perform diagnostics and repairs on the inoperable radio at no additional cost to the government. The contractor’s estimated cost for diagnostics and repairs should be factored into the unit price for the lease.

Generally, task orders, last for a performance period of one year. The period of performance for a given task order will not exceed one year and leases are done in monthly increments.

Special Qualifications: The contractor shall possess the designation of “authorized vendor” for whichever brand radio is provided. The purpose of this is to ensure a seamless product integration that is backed by the manufacturer’s guarantee. The contractor shall furnish a documentation stating their status as an active authorized vendor with the bid package in order to prove authenticity.

d. Quantities Needed:

Pricing List

Description QTY Unit (time) Cost of each radio unit

(including complete radio kit)

Base Year

Marine grade, ruggedized, Trimble

TDL 450 Hx

Not to exceed 45

(Exact amount to be specified in task order)

Annually

Year One

Marine grade, ruggedized, Trimble

TDL 450 Hx

Not to exceed 45

(Exact amount to be specified in task order)

Annually

Year Two

Marine grade, ruggedized, Trimble

TDL 450 Hx

Not to exceed 45

(Exact amount to be specified in task order)

Annually

Year Three

Marine grade, ruggedized, Trimble

TDL 450 Hx

Not to exceed 45

(Exact amount to be specified in task order)

Annually

Year Four Not to exceed 45

(Exact amount to be specified in task order)

Annually

Marine grade, ruggedized, Trimble

TDL 450 Hx

e. Acceptance:

The Government shall test 100% of the radios delivered on-site.

2. Period of Performance: The period of performance shall be for one (1) base year of 12 months and four 12-month option years from the date of Award. The Period of Performance reads as follows:

a. Base Year

Option Year I

Option Year II

Option Year III

Option Year IV

3. Hours of Operation:

Work shall be accomplished during regular work hours, 8:00 AM to 5:00 PM seven days per week.

4. Type of Contract: The government will award a Firm Fixed Price, Indefinite Delivery, Indefinite Quantity type contract

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(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) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the

SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

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

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

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

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

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

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

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

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

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

(u) Unauthorized Obligations.

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

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

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

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

(ii) Neither the 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 (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

https://www.acquisition.gov/

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM TO 52.212-4

UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL

The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer's Representative (COR) acting within the limits of the

COR’s authority. See the Contracting Officer's Representative clause of this contract.

(End of paragraph number 999.201-4002)

SAFETY REQUIREMENTS -- SERVICE CONTRACTS

The Contractor shall comply with the applicable portions of the current edition of the U.S. Army Corps of

Engineers Safety and Health Requirements Manual, EM 385-1-1. The current edition shall be the edition, including all changes, that is posted at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational

Health) on the date the solicitation for this contract was issued.

(End of paragraph number 999.223-4003)

NOTICE OF INTENT TO INCORPORATE UNIT PRICES

The successful offeror’s unit price for individual contract line item numbers (CLINs) and sub-CLINs, if the pricing schedule includes sub-CLINs, will be incorporated into the contract; and therefore will not be exempt from public disclosure. See FAR 24.202(a).

(End of paragraph 999.215-1)

CONTRACTOR EMPLOYEES IN THE GOVERNMENT WORKPLACE

a. The Contractor shall ensure that any employee (including employees of subcontractors) who attends meetings, answers Government telephones, or otherwise works in a situation where the employee’s actions could be construed as official Government acts, identifies himself or herself as a Contractor employee at the earliest opportunity.

b. If performance of this contract requires that Contractor employees have access to sensitive information, the

Contractor may be required to sign a non-disclosure agreement similar to the following:

http://www.hq.usace.army.mil/

SAMPLE NON-DISCLOSURE AGREEMENT

For the United States Army Corps of Engineers (USACE)

USACE Office: Jacksonville District

Contract Number:

Contractor:

Contracting Officer:

Whereas Contractor is performing work for the USACE under the above contract, and, in connection with this contract, is being given access to information that is sensitive or related to critical financial matters as defined by the terms of the contract, Contractor agrees:

1. That when provided information that is sensitive or related to critical financial matters, the

Contractor will use reasonable care (the same being not less than that used by the Contractor to protect the Contractor’s own information that is sensitive or related to critical financial matters) to protect the information against unauthorized use or disclosure.

2. Contractor will share information that is sensitive or related to critical financial matters only with those employees, subcontractors or agents who need to know the information in order to perform the contract.

3. Contractor will inform employees, subcontractors or agents having access to information that is sensitive or related to critical financial matters of the sensitive nature of the information.

4. Any copies or reproductions of information that is sensitive or related to critical financial matters must include the notices of its sensitive nature that are contained in the original.

5. Contractor, upon completion of the contract, or upon demand of the Contracting

Officer, whichever is earliest, must return to the Contracting Officer any and all copies of information that is sensitive or related to critical financial matters.

6. Contractor immediately will notify the Contracting Officer in writing if Contractor learns that one of

Contractor’s current or former employees, subcontractors or agents has made unauthorized use or disclosure of information that is sensitive or related to critical financial matters.

7. Contractor agrees that the use or disclosure of information that is sensitive or related to critical financial matters in a manner inconsistent with this contract will cause irreparable harm to

USACE and the Government of the United States, and that USACE has the right to take any action deemed appropriate to prevent unauthorized disclosure.

Signatures:

Contractor: Date:

Contracting Officer: Date:

(End of paragraph number 999.237-4000)

52.203-3 GRATUITIES (APR 1984)

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

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

and

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

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

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

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

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

Department of Defense.)

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

(End of clause)

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

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

Postconsumer fiber means—

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

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

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

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding

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

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

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

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

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

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) 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 exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

http://www.sam.gov/

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for

Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the

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

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

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

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

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

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

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

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

and

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

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or

Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

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

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

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

(A) Change the name in the SAM database;

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

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

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

(c)(1)(i) of…