W912EQ13T0004.pdf

US ARMY ENGINEER DISTRICT, MEMPHIS

JACKIE PRIMER

901-544-3340

JACKIE.PRIMER@USACE.ARMY.MIL

MEMPHIS TN 38103-1894

901-544-3340

901-544-3710

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$14.0

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912EQ-13-T-0004 07-Nov-2012

b. TELEPHONE NUMBER

901-544-3340

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 16 Nov 2012

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912EQ

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE B1R0432 16. ADMINISTERED BY

SHOPS UNIT

2915 RIVERPORT ROAD

MEMPHIS TN 38109

TEL: FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JACKIE PRIMER

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

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

238320

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W38XGR22697632

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

TEL: EMAIL:

2 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912EQ-13-T-0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

SANDBLASTING AND PAINTING

FFP

SANDBLASTING AND PAINTING OF MVS DECK/SPUD BARGE #54 AS

DEFINED IN THE STATEMENT OF WORK.

FOB: Destination

MILSTRIP: W38XGR22697632

PURCHASE REQUEST NUMBER: W38XGR22697632

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 30-NOV-2012 1 SHOPS UNIT

2915 RIVERPORT ROAD

MEMPHIS TN 38109

FOB: Destination

B1R0432

PERFORMANCE WORK STATEMENT

MEMPHIS, TN

STATEMENT OF WORK

SANDBLASTING AND PAINTING

MVS DECK/SPUD BARGE

1.0 OBJECTIVE

The Contractor shall perform sandblasting, and painting of the MVS Deck/Spud Barge # 54, as defined in this Statement of Work.

2.0 DESCRIPTION OF VESSEL

The barge is approximately 150 ft. long, 35 ft. wide and 10 ft deep. The vessel will be dry-docked at Ensley Engineer Yard, 2915 Riverport Road, Memphis, TN 38109.

3.0 PERIOD OF PERFORMANCE

The period of performance for this project is 45 Calendar Days from date of contract award. Contract is to be awarded approximately 31 October 2012. Normal business hours at Ensley Engineer Yard are 0630-1700 Monday through Thursday. Contractor hours may be adjusted by coordinating with the Metals Unit Supervisors and Security Personnel. Point of contact will be provided upon contract award.

4.0 SAFETY REQUIREMENTS

Contractors are required to adhere to Corps of Engineers safety policies. Safety information can be obtained from Rod Kellow, Safety Officer, at 901-544-3601.

4.1 ACCIDENT PREVENTION PROGRAM: Prior to work commencement, the contractor’s site-specific accident prevention plan is to be reviewed and found acceptable by the designated Government personnel. The US Army Corps of Engineers, Safety and Health Requirements Manual, EM 385-1-1, 15 September 2008, Appendix A provides a Minimum Basic Outline for Accident Prevention Plan for accident prevention plans. Prior to the project beginning, a safety conference with the corps’ representative and safety officer will be held with the contractor’s employees. At a minimum, fall, respirator, eye protection, confined space requirements per 29 CFR 1910.120 and 1910.146, and the contractor’s site-specific accident prevention plan will be discussed in a pre-start up conference.

4.2 ACCIDENT INVESTIGATIONS AND REPORTING: Report all accidents immediately to the Contracting Officer or Contracting Officer’s Representative (COR). Additionally, the contractor shall thoroughly investigate the accident and submit the findings of the investigation along with appropriate corrective actions to the Contracting Officer, on ENG Form 3394, as soon as possible but no later than two [2] working days following the accident.

Implement corrective actions as soon as reasonably possible.

4.2.1 Supervisor’s Responsibilities: For job related injuries which require medical treatment, a supervisor of the injured employee shall accompany the injured employee to the medical treatment facility and explain the employee’s regular duties and the availability of “Light Duty” so the injured employee can return to work as soon as medically possible.

4.3 MACHINERY AND MECHANIZED EQUIPMENT: All equipment shall be inspected prior to use on this contract. All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site for use. Documentation of equipment inspections shall be made available to the Contracting Officer upon request. All equipment shall be properly guarded.

4.4 FIRST AID/CPR REQUIREMENTS: Two employees shall be certified in CPR and first-aid pre shift/per site. Proof of certification shall be provided to the COR prior to the beginning of work.

4.5 CONFINED SPACE ENTRY: Contractor shall not enter into confined space areas of the barge until the area has been properly checked and approved by EEY competent personnel.

5.0 GOVERNMENT RESPONSIBILITIES

The Government is responsible for providing the following:

5.1 At project completion the Contractor and Government Representatives will make a joint visual inspection of the project location and needed repairs will be noted and made by the contractor immediately.

5.2 The Government will provide reasonable utilities at its discretion.

6.0 CONTRACTOR RESPONSIBILITIES

The successful offeror will be responsible for the following requirements:

6.1 Contractor is to provide all labor, equipment, transportation and material for the entire scope of work. No government equipment will be available for contractor use. Contractor is to provide an on site supervisor on the job site for the duration of the job.

6.2 The contractor will be responsible for damages and repairs to any Corps of Engineers equipment associated with the project.

6.3 Contractor must contact Yards and Docks, 901-785-6058, to arrange for placement of contractor equipment.

6.4 All contractor equipment will be removed immediately from government property at job completion.

6.5 Any “Or Equal” material proposed by the contractor will be submitted for prior approval by the Contracting Officer’s Representative.

6.6 Environmental Concerns:

The Contractor will be responsible for the following environmental concerns:

6.6.1 Containment and disposal of all waste generated during the project. Waste must be disposed of in accordance with EPA regulations. Some blast material may contain lead or chromium. The contractor must account for the disposal of this hazardous material.

6.6.2 No waste of any kind is to enter the lake. If contamination occurs, it will be the contractor’s responsibility for immediate remediation.

6.6.3 The contractor and the Corps of Engineers representative will agree upon a bi-weekly clean-up day. All waste will be removed from the dry dock and immediate area. Waste and blast media will be removed from Government property on a bi-weekly basis.

6.6.4 Fuel storage tanks must be double wall or stored in a spill containment pan capable of holding at least 10% of the tank volume.

6.6.5 All paints/thinners or similar materials must be stored in a spill containment pan capable of holding at least 10% of the on hand volume.

6.6.6 Paint and thinner inventory will be maintained by the contractor and available for the corps representative upon request

6.6.7 Material Safety Data Sheets for all materials will be maintained on site and a copy will be provided to the COR at or before material is brought on site.

6.6.8 Empty paint/thinner buckets will be removed from the job site daily.

6.6.9 Contractor will be responsible for performing lab analysis on paint/blast media waste within 10 days of the first day of sandblasting. Copies of these documents will be submitted to the Corps representative at that time.

7.0 DESCRIPTION OF SERVICES

7.1 PAINT REQUIREMENTS

7.1.1 Paint shall be delivered in sealed containers with labels to indicate manufacturer, contents, date of manufacture, and any special instructions. Paints and painting materials shall be stored under cover and protected from extreme temperatures.

7.1.2 Paints which have exceeded the closed shelf life or pot life recommended by the manufacturer shall not be used. Additionally, paints shall not be applied in weather or humidity conditions not recommended by the manufacturer.

7.2 SURFACE PREPARATION OF BARGE, SPUDS, AND APPURTENANCES:

7.2.1 No sandblasting or spray painting is to take place until the Corps of Engineers representative has approved the preventative measures for blast and paint over-spray.

7.2.2 Surface preparation for all structural steel shall be in accordance with Steel Structures Painting Council Standards, SSPC-SP10-85 (Near White Metal Blast) throughout. Profile after blasting shall be 3 to 5 mils in depth and jagged. All mil scale, weld spatter, dirt, oil, and grease shall be removed.

7.2.3 Immediately upon completion of surface preparation, all steel shall be coated with the coating system described in the following:

The Contractor may limit initial coating to base coat only at his discretion. In this case, or in the case of preconstruction primer, prior to application of subsequent coats, all steel shall be sand swept clean (light blast) or water blasted and any damaged areas repaired prior to application of the remainder of the system. All areas needing repair shall be cleaned to bare metal, spot blasted to restore profile, and re-coated with the base coat or preconstruction primer.

7.3 APPLICATION OF COATINGS TO BARGE, SPUDS AND APPURTENANCES :

7.3.1 Surface preparation and paint application shall be in strict compliance with the coating manufacturer's recommendations. The Contractor shall take particular care to insure that coating system requirements are met in all areas, especially those difficult to coat, such as flange undersides. All painting on both the interior and exterior surfaces below the main deck shall be accomplished prior to launching of each vessel.

7.3.2 The coating system composed of the coating types and dry film thicknesses (DFT) identified below, or equal, are required. The system is composed of the following coating types:

• self priming epoxy base coat

• flake reinforced abrasion resistant epoxy barrier coat

• fade resistant urethane top coat

7.3.3 Coating systems from PPG Ameron, International Paion, Sherwin-Williams and Carboline have been pre-qualified for the system above. The Contractor may select any of these systems at his discretion. However, systems may not be "mixed". The specific coating designations to be used are listed in the Marine Design Center Standard Floating Plant Paint Schedule attached below.

7.3.4 If a preconstruction primer is used, only preconstruction primers compatible with the pre-qualified coating system chosen will be accepted. The preconstruction primer shall be "weldable" and the coating thickness recommended by the paint manufacturer shall be strictly followed.

7.3.5 The number of coats is not specified. The Contractor is required to provide the number of coats necessary to attain the DFT thicknesses required in the schedule below. Thickness applied per coat may not exceed the manufacturer's recommended maximum thickness.

7.3.6 The "under coats" of all multiple coat applications may be "contrast tinted" to ensure complete coverage of successive coats. Except on the deck area, both the barrier coat and the topcoat shall be colored Deck Red

7.3.7 All areas of the vessels shall be coated in accordance to the Marine Design Center Standard Floating Plant Paint Schedule document.

7.3.8 Colors shall conform to Federal Standard 595a(3) Colors Identification Numbers. Color chips (3" x 5") may be produced from the Naval Publications and Forms Center, 5801 Tabor Road, Philadelphia, PA 19120(215- 697-3321). The coloring schedule shall be as follows:

AREA COLOR/FS595 NUMBER

• Deck Fittings Yellow/13655

• Hull Exterior Black/17038

• Hull Markings White/27880

• Decks Deck Red/10076

• Spuds Black/17038

• Hull Interior White/27880

All topcoat thicknesses shall be sufficient to provide complete opaque color coverage. Thicknesses increased over the DFT minimums required shall be provided if required for opaque color coverage.

8.0 GENERAL INSTRUCTIONS FOR APPLICATION OF MATERIALS

The following General Instructions for application of materials will be adhered to at all times:

8.1 Manufacturer’s instructions for application, curing and drying time between coats shall be followed.

Painting practices shall comply with applicable federal, state, and local laws enacted to ensure compliance with Federal Clean Air Standards.

8.2 Paints that have exceeded the closed shelf life or pot life recommended by the manufacturer shall not be used.

8.3 At the time of application paint shall show no signs of deterioration. Paint that has deteriorated in any manner shall not be used and shall be removed from the site.

8.4 Immediately after cleaning and prior to the deposition of any detectable moisture, contaminants, or corrosion, all surfaces blast cleaned to SSPC-SP10-85 shall be cleaned of dust and abrasive particle by brush, vacuum cleaner, and/or blown down with clean, dry, compressed air, and given the first coat of paint.

8.5 Paint may be applied by spray, roller, or brush. However, any area subject to over-sprays must be fully protected. No over-spray will be tolerated.

8.6 Painting in the vicinity of mechanical or electrical equipment shall be applied by brush if there is a possibility of over-sprays on critical components. All equipment, deck, and bulkhead fixtures must be fully protected.

8.7 Uniform suspension of figments shall be maintained during application. Each coat of paint shall be applied so dry film shall be of uniform thickness and free from holidays, bubbles, blisters, laps, excessive or unsightly brush marks, runs, drops, ridges, waves, pinholes, or other voids, and variations in color, texture, and finish. Special attention shall be given to ensure that all edges, corners, crevices, seams, junctions of joining members, interior angles, corrosion pits, welds, bolts, rivets, and similar surface irregularities receive a film thickness equal to that of adjacent painted surfaces.

8.8 All coats of all painted surfaces shall be unscarred and completely integral at the time of application of succeeding coats.

8.9 All painting shall be accomplished before launching the barge. The barge shall not be launched before inspection and acceptance by the government.

9.0 CONTRACTOR SUBMITTALS

The following list of submittals will be provided to the Contracting Officer’s Representative as required.

Title Reference Accident Prevention Plan Section 4.1 CPR Certifications Section 4.4 MSDS Submissions Section 6.6.7 Lab Analysis, Paint Blast Media, as required Section 6.6.9

Accident Investigation Forms, as required Section 4.2 Paint Manufacturer Certification Section 12.1 Documentation Logs Section 12.2

10.0 COMPLIANCE DOCUMENTS

The Contractor shall be aware of the following list of Compliance Documents, necessary for successful completion of this requirement.

EM-385-1-1 -- Army Corp of Engineers, Safety and Health Requirements Manual, 15 Sep 08 SSPC-SP 3 -- Surface Preparation, Hand tool Cleaning SSPC-SP 7 -- Surface Preparation, Brush off Blasting SSPC-SP 10 -- Surface Preparation, Brush off Blasting

11.0 CONTRACTING OFFICER /CONTRACTING OFFICER’S REPRESENTATIVE

11.1 CONTRACTING OFFICER’S REPRESENTATIVE:

The Contracting Officer’s Representative, or COR, is appointed by the Contracting Officer as the representative overseeing contractor operations. No instructions of the Contracting Officer's Representative or lack thereof will at any time relieve the Contractor from the responsibility of complying fully with all requirements of statement of work and the contract. The Contracting Officer's Representative is not authorized to waive or alter in any respect any of the terms or requirements of the contract, or to make additional requirements.

11.2 CONTRACTING OFFICER:

The Contracting Officer is the only Government representative with the authority to bind the Government and make changes to the contract. Any changes to the contract involving an increase or decrease in funds or performance period will be issued by formal contract modification.

12.0 DOCUMENTATION AND WARRANTY

12.1 The Contractor shall provide a written signed statement from the paint manufacturer certifying that all coating application and surface preparation are in accordance with the coating system manufacturer's requirements, and that the coating application meet all requirements in this specification.

12.2 The Contractor shall provide documentation logs for each coating applied. The logs shall include the following parameters:

a. Coating (per specification) type,

b. Coating manufacturer's requirements for preparation, environmental conditions and application.

c. Date and time.

d. Extent and location of area coated.

e. Surface: preparation, condition at time of coating, temperature at time of coating, dew point at time of coating.

f. DFT measurements for each applied coating type. Measurements shall be taken on a uniform grid in the areas required. Measurements shall be taken as follows:

• all flat surfaces, one reading per every 200 square feet, uniformly distributed.

• undersides of all flanges, 10 readings per compartment, uniformly distributed.

• all freestanding structural members, i.e. stanchions, truss diagonals, etc., 10 readings per compartment.

Wet film measurements may be taken and converted to DFT as an alternative to direct DFT. In areas where multiple coating types are required, the above DFT requirements are applied to each coating type.

g. Services provided by paint manufacturer's representative (i.e. DFT readings, dew point, etc.), if present during application.

h. Signature of paint manufacturer's representative on site, if present.

12.3 The Contractor shall warranty the coating system for one calendar year, commencing at final acceptance.

The Contractor shall repair any coating failures during this time period at his cost.

13.0 FINAL INSPECTION

All painting shall be jointly inspected by the Contractor and the Contracting Officer’s Representative. Any defects or damage in the coating system shall be repaired by the Contractor as necessary before acceptance by the government. Any additional painting required as a result of the Final Inspection shall be done as required to meet this specification at no additional cost to the Government.

14.0 Site Visit

Contractors are encouraged and expected to attend a site visit where the work will be performed. Participants are required to wear a hard hat and safety shoes for the site visit. Participants will meet at: Ensley Engineer Yard, 2915 Riverport Road, Memphis, TN 38109 on November 13, 2012. The Point of contact for site visits is Jackie Primer at 901-544-3340, or Jackie.Primer@usace.army.mil .

15.0. Questions

All questions after the site visit must be submitted in writing to Jackie.Primer@usace.army.mil not later than November 14, 2012 at 2:00 p.m.

LOCAL PROVISIONS

LOCAL TERMS, CONDITIONS AND INSTRUCTIONS

INCORPORATED BY FULL TEXT

0010 CUSTOMER INSTRUCTIONS

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO), or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

The customer is responsible for forwarding proof of delivery (SF 1449/DD FORM 1155 or DD 250 or electronic equivalent) signed by a government official to the address located in block 18a.

Failure to do so may cause a delay in payment to the contractor. If any items delivered are not in accordance with the contract or purchase order, notify the contracting officer in writing.

0020 CONTRACTING OFFICERS’ E-MAIL ADDRESS/PHONE/FAX NUMBER(S)

Jackie.primer@usace.army.mil Celestine.G.Evans@usace.army.mil

0030 INSTALLATION PASSES/ACCESS TO Ensley Engineering Yard

Contractors should be aware that this is a Government Installation and that all access to this installation is granted by the Memphis District Security Forces. The U.S. Government will not be held liable for any delays or breach of contract caused by refusal of the Memphis District Security Forces. If a gate pass is not granted to a contractor allowing the delivery of goods, execution of warranty support, or performance of services please contact the contracting officer immediately in writing.

0060 BLOCK 18a OF SF 1449, PAYMENT WILL BE MADE BY:

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

BLDG S-787

MILLINGTON TN 38054-5005

0070 BLOCK 18b OF SF 1449, SUBMIT INVOICES:

DESIGNATED BILLING OFFICE:

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

BLDG S-787

MILLINGTON TN 38054-5005

AND

USING ACTIVITY

PLANT SECTION

901-785-6070

2915 RIVERPORT ROAD

MEMPHIS TN 38109

FAILURE TO MAIL YOUR INVOICE(s) TO THIS ADDRESS MAY DELAY PAYMENT TO EXPEDITE PAYMENT: Please fax your invoice to 901-874-8731 or Email to: CEFC- Payments@usace.army.mil (Designated Billing Office)

Invoice(s) must include:

(1) Name and address of the Contractor;

(2) Invoice date;

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

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

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

(6) Terms of any prompt payment discount offered;

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

(8) Name, title, and phone number of person to be notified in event of defective invoice.

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-99 (DEVIATION)

System for Award Management Registration (August 2012)(DEVIATION)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

“Commercial and Government Entity (CAGE) code” means—

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.”

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System+4 (DUNS+4) number” means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the SAM database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor’s CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record “Active”. The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

“System for Award Management (SAM)” means the primary Government repository for prospective 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) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of

SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number—

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;

or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) 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.

(g)(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 sufficient documentation to support the legally changed name with 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.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(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.

(2) 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 FAR 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.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334- 206-7828 for international calls.

(End of Clause)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must--

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by--

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

(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 (http://assist.daps.dla.mil).

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

(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 (http://assist.daps.dla.mil/wizard);

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

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2012)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

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

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

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C.