W912EQ-16-T-0003.pdf
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- MARINE TOP ENGINE OVERHAUL Federal contract opportunity
- Solicitation number
- W912EQ-16-T-0003
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Solicitation - Top End Engine Overhaul and Turbocharger Replacement on the Motor Vessel Mississippi
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SEE ADDENDUM
(No Collect Calls)
W912EQ-16-T-0003 11-Feb-2016
b. TELEPHONE NUMBER
901-544-0786
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 25 Feb 2016
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.
W912EQ9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
AMY L STARKS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
W38XGR53002487
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
WOMEN-OWNED SMALL
BUSINESS (WOSB)
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY ENGINEER DISTRICT, MEMPHIS
AMY L. STARKS
901-544-0786
AMY.L.STARKS@USACE.ARMY.MIL
MEMPHIS TN 386103-1894
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 W38XGR 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W2R9 ENDIST MEMPHIS
USACE ENSLEY ENGINEER YARD
2915 RIVERPORT ROAD
MEMPHIS TN 38109-3018
TEL: 901-785-6355 FAX:
901-544-3710FAX:
TEL: 901-544-0786 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
SIZE STANDARD:
$7.5M
NAICS:
811310
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.
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF40
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.
W912EQ-16-T-0003
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
TOP END OVERHAUL OF 3 MAIN ENGINES
FFP
(Caterpilllar 3606 Marine Engines or equal) (Existing SERIAL NUMBERS -
8RB00481,8RB00480,8RB00482)
FOB: Destination
PURCHASE REQUEST NUMBER: W38XGR53002487
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 3 Each
TURBO CHARGER
FFP
Procure and installation of three New Turbochargers (Existing Turbochargers Model # 4P4071) FOB: Destination
PURCHASE REQUEST NUMBER: W38XGR53002487
NET AMT
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
Top End Engine Overhaul and Turbocharger Replacement MV Mississippi
Part 1
1. GENERAL: This is a non-personal services contract to overhaul the top end of three main engines (Caterpillar 3606) on the MV Mississippi. This contract will also require three new turbochargers, to include installation for the Caterpillar 3606 engines (existing Turbocharger Model # 4P4071).
It is highly recommended that contractors attend the scheduled site visit prior to submitting a quote. Site visit is scheduled for Wednesday, February 17, 2016 @ 10:00 a.m. CST, USACE Ensley Engineer Yard, 2915 Riverport Road, Memphis, TN 38109. Interested parties may e-mail their name and company information to Amy Starks (901) 544-0786 at Amy.L.Starks@usace.army.mil, no later than 2:00 P.M. CST on Tuesday, February 16, 2016. All contractors and government personnel will meet at the EEY Administration Building. The contractor is required to review the project site, and obtain and/or verify all measurements and project data/information required to perform this project work. In addition, the contractor is required to review all contract documents, and provide written notice to Contracting Officer of any discrepancies that are found.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the top end engine overhaul and turbocharger replacement. The contractor shall perform to the standards in this contract.
Contractor shall overhaul the top end of three main engines (Caterpillar 3606) on the MV Mississippi. This contract will also require three new turbochargers, to include installation for the Caterpillar 3606 engines (existing Turbocharger Model # 4P4071).
The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the Government.
1.2 Background: Currently the MV Mississippi has three Caterpillar 3606 Marine engines (SN # 8RB00480, 8RB00481 and 8RB00482). The current Model # for turbochargers 4P4071
1.3 Objectives: The Contractor shall complete the following work in accordance with this contract. This contract does not indicate each component, item, fastener, mount, or similar incidental item necessary for the performance of the work.
1.4 Scope: The scope of this work includes disassemble engine as needed to replace cylinder heads, fuel injectors, after cooler, raw water pump and jacket water pump, oil cooler, all necessary seals and gaskets, water temperature regulators and test engine to meet Caterpillar engine specifications.
1.5 Period of Performance: The period of performance for this project is 30 calendar days from award date.
1.6 General Information
1.6.1 Quality Assurance: QUALITY ASSURANCE SURVEILLANCE PLAN
For
Top End Engine Overhaul and Turbocharger Replacement MV Mississippi
This Quality Assurance Surveillance Plan (QASP) is provided for information on the top end engine overhaul to include turbochargers requirements, the level of performance expectations and how the designated government personnel will confirm the services provided are acceptable. The methods of surveillance and procedures may change after contract award based on acceptance of the contractor’s Quality Control Plan or a partnering agreement which establishes the metrics to be used, or improve contractor performance.
The contractor is responsible for management and quality control actions to meet the terms of the contract. The role of the Government is quality assurance to ensure contract standards are achieved. The following table is established to measure compliance of quality assurance:
Deliverable Performance Standard
Acceptable Quality Level
Method/Frequency Complianc e Level
Contractor shall disassemble engine
Timeliness, Neatness, Professionalism
Full Government Acceptance
Final Inspection
Check Pistons, rings and liners
Verify compliant within Manufacturers recommended specifications
Full Government inspection
Periodic
Installation of new top end parts
Timeliness, Neatness, Professionalism
Full Government Acceptance.
Periodic
Removal of existing turbochargers
Operational Neatness Quality
Full Government Acceptance
Final Inspection
Installation of new turbocharger
Operational, Neatness
Full Government Acceptance
Final Inspection
Test new components
Verify compliant within Manufacturers recommended specifications
100% Review Final Inspection
Compliance Level and Date. This column is used to determine whether the deliverables required meet the Acceptable Quality Level on the QASP. It will be used to provide documentation for deficiencies requiring payment adjustment or other action from the contractor. The compliance block is filled out using a color code (Green, Yellow or Red):
Green = Deliverable required has been met in a satisfactory manner.
Yellow = Deliverable required is not being consistently met satisfactorily; attention is needed in certain areas.
Red = Deliverable is not being met.
1.6.1.1Quality Control: The contractor shall provide weekly status reports to the COR, the COR will spot check the reports and conduct periodic inspections.
1.6.2 Recognized Holidays: The service is required Monday thru Friday except for the following holidays.
New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day
Memorial Day Thanksgiving Day Independence Day Christmas Day
1.6.3 Hours of Operation: Normal business hours at Ensley Engineer Yard are 0700- 1530 Monday through Friday.
If alternate hours are requested, this must be agreed upon by Contracting Officer and contractor.
1.6.4 Place of Performance: The work will be performed at Ensley Engineer Yard, 2915 Riverport Road, Memphis, TN 38109.
1.6.6 Type of Contract: The government will award a Firm Fixed Price Purchase Order.
1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use, if needed.
All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at/; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.
All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.
The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.
All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.
The Prime Contractor Company must have a Facility Clearance (FCL) at the appropriate level (IAW the NISPOM DOD 5220.22-M and AR 380-49) prior to the start of the contract awarded period of performance.
Contractor personnel performing work under this contract must have the required security clearance, per AR 380-67, at the appropriate level at the start of the period of performance. Security Clearances and FCL requirements are required to be maintained for the life of the contract IAW the DD Form 254 attached to the contract. If no FCL, the supporting Government Contracting Activity will sponsor the prime contract company in obtaining the FCL.
The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.
1.6.7.2 Key Control N/A
1.6.7.2.1. N/A
1.6.7.2.2. N/A
1.6.7.3 N/A
1.6.8 Special Qualifications: None.
1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Technical Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10 Contracting Officer Representative (COR): The (COR) will be Matt Young, 901-481-4470. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: 1) assure that the Contractor performs the technical requirements of the contract;
2) perform inspections necessary in connection with contract performance; 3) maintain written and oral communications with the Contractor concerning technical aspects of the contract; 4) issue written interpretations of technical requirements, including Government drawings, designs, specifications; 5) monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and 6) coordinate availability of government furnished property, and provide site entry of Contractor personnel. The COR is not authorized to change any of the terms and conditions of the resulting order
1.6.11 Key Personnel: The following personnel are considered key personnel by the government: Robert Shover, Safety Officer; Matt Young, COR and Supervisory Engineer, Revetment Section, Mike Buie, Chief Engineer. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available as needed Monday through Friday except Federal holidays or when the government facility is closed for administrative reasons.
1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.
At all times, all contractors must use either contractor name plates or a similar identification system that identifies them as contractors and not government employees.
1.6.13 Contractor Travel: Contractor shall be responsible for all travel cost associated with this contract. Cost shall be incorporated into contractor’s price.
1.6.14 Other Direct Costs: None
1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract.
All documents and materials, to include the source codes of any software, produced under this contract shall be property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement
AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1. Services: At project completion the Contractor and the Contracting Officer’s Representative will make a joint visual inspection of the project. The Contractor is responsible for immediately making any repairs, at no additional cost to the government, as identified in Section 4.1 of this PWS.
3.2 Facilities: N/A
3.3 Utilities: The Government will provide utilities, i.e. water and electric.
3.4 Equipment: N/A
3.5 Materials: N/A
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General: Contractor is to provide all labor and material for the entire scope of work. Contractor is to provide an on-site licensed technician on the job site for the duration of the job. The contractor will be responsible for damages and repairs to any Corps of Engineers equipment associated with the project. The contractor is solely responsible for Quality Control and managing contractor employees performing under this contract.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the entire scope of work as defined in this Performance Work Statement except for those items specified as government furnished property and services.
No government equipment will be available for contractor use other than as specified in Section 3. Contractor is to provide an on-site supervisor on the job site for the duration of the job. The contractor will be responsible for damages caused by its activities and repairs will be made at no additional cost to the government.
4.2 Secret Facility Clearance: N/A
4.3. Materials: Any “Or Equal” material proposed by the contractor will be submitted for prior approval by the Contracting Officer’s Representative.
4.4. Equipment: All contractor equipment will be removed immediately from government property at job completion.
PART 5
5. Specific Tasks:
5.1 Basic Services. The contractor shall during design phase/kick-off meeting visit the site and examine existing engines and turbochargers. During removal stage remove top end components and notify Chief Engineer or designee to inspect pistons, rings and liner. During Installation of new drives contractor will build and test new drives before installation into crane cabinets.
5.2. Scope of Work. The Contractor shall provide all materials, parts, supplies, and equipment required to remove top end components and also provide licensed technician support during installation on new equipment in accordance with Parts 1 and 3 of this PWS.
The scope of this work includes disassemble engine as needed to replace cylinder heads, fuel injectors, after cooler, raw water pump and jacket water pump, oil cooler, all necessary seals and gaskets, water temperature regulators and test engine to meet Caterpillar engine specifications.
The Contractor shall cleanup project area at the end of each work day, and at the end of project work. At the end of the project, contractor shall clean up and remove all materials, tools and equipment generated or used on the project.
5.3 SAFETY RELATED SPECIAL REQUIREMENTS. ALL WORK UNDER THIS CONTRACT SHALL
COMPLY WITH THE LATEST VERSION OF U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH
REQUIREMENTS MANUAL, EM 385-1-1, AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)
STANDARDS IN EFFECT ON THE DATE OF THE SOLICITATION. THE MANUAL CAN BE ACCESSED
AT THE FOLLOWING LINK,
http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf . NO
SEPARATE PAYMENT WILL BE MADE FOR COMPLIANCE WITH EM 385-1-1, NOR FOR COMPLIANCE
WITH ANY OF THE OTHER SAFETY-RELATED SPECIAL REQUIREMENTS.
5.4 CERTIFICATES OF COMPLIANCE. Any certificates required for demonstrating proof of compliance of material with specification requirements shall be executed in three (3) copies. Each certificate shall be signed by an official of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply.
5.5 The responsibility for damage to any part of the work caused by the Contractor’s neglect shall be paid for by the contractor. However, if, in the judgment of the Contracting Officer, any part of the work performed by the Contractor is damaged by flood, tornado, or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise reasonable precautions to secure equipment in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract units or lump sum prices applicable to any part of such work, an equitable adjustment will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of such damage.
5.6 NOTIFICATION BEFORE BEGINNING WORK. At least 5 calendar days before beginning work, the Contractor shall notify Matt Young, Supervisor Revetment Section at 2915 Riverport Rd, Memphis, TN 38109, Phone: (901) 481-4470.
5.7 COMMERCIAL WARRANTY
The Contractor agrees that the top end overhaul and any parts or materials associated with the work that was furnished by the contractor under this contract shall be covered by the most favorable commercial warranty the Contractor gives to any customer for such products and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. The warranty will take effect immediately upon the day of acceptance, by the Government, of the completed work.
5.8 PROTECTION OF MATERIALS AND WORK
The Contractor shall at all times protect and preserve all materials, supplies, and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All reasonable requests of the Contracting Officer to enclose or specially protect such property shall be complied with.
If, as determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the Contractor, such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payments due to him.
5.9 DESIGN AND INSTALLATION REQUIREMENTS
A. The contractor is required to read and understand this document prior to submitting the project proposal.
B. The contractor shall supply all tools, materials, supplies, equipment, labor, temporary utilities and supervision necessary for a complete and appropriate execution of the contract documents and sections of this PWS.
C. Unless otherwise stated, all materials for this project shall be new. Asbestos, mercury, chromium/lead paint, Class I Freon, and Polychlorinated Biphenyls (PCB) shall not be used in this project.
D. Use all means and precautions necessary to insure the safety of the occupants and protection to the existing structures.
F. All work shall be in strict accordance with manufacturer's instructions and specifications. All work shall be grounded in accordance to NFPA 70 (National Fire Protection Association).
5.10 SALVAGE MATERIAL AND EQUIPMENT. Items designated by the Contracting Officer to be salvaged shall remain the property of the Government, until release by Contracting Officer. Contractor shall maintain property control records for material or equipment
NOTICE TO BIDDERS
CONDITIONS AND NOTICE TO OFFERORS
A. PLEASE RETURN THE FOLLOWING INFORMATION WITH YOUR QUOTE:
1. SF 1449, Solicitation, Offer and Award (bock 17a) and your signature; name, title; and date (30a-c)
2. Section B - Schedule of bids/prices
3. Review and submit the required information from clause 52.212-2 in the solicitation.
4. All amendments must be acknowledged.
5. Faxed proposals will not be accepted.
B. OFFERORS ADDRESS - Prospective Offerors should indicate in the offer, the address to which payment and/or correspondence should be mailed.
C. AMENDMENTS PRIOR TO SOLICITATION CLOSING - The right is reserved as the interest of the Government may require, to revise or amend the specifications prior to the date set for quotes. Such revisions and amendments, if any, will be announced by an amendment or amendments to this Request for Quote. If the revisions and amendments are of a nature which requires material changes in quantities or prices bid or both, the date set for opening quotes may be postponed by such number of days as in the opinion of the issuing officer will enable offerors to revise their quote. In such cases, the amendment will include an announcement of the new date for quote response time.
D. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a quote, the Offerors acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an Offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227- 2423, or at: http://www.sam.gov.
E. BASIS OF AWARD - The Government will award a purchase order, from this solicitation to the responsible Offerors whose offer conforming to the solicitation will be most advantageous to the Governments’ specifications, past performance, technical capability, and price as specified in clause 52.212-2 of this solicitation.
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-14 Service Contract Reporting Requirements JAN 2014 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.223-6 Drug-Free Workplace MAY 2001 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.244-6 Subcontracts for Commercial Items DEC 2015 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
SEP 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Alt I Technical Data--Commercial Items (FEB 2014) Alternate I DEC 2011 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7002 Obstruction of Navigable Waterways DEC 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
PAST PERFORMANCE
TECHNICAL CAPABILITY
PRI E
The award will be made to the contractor whose price is the lowest of all offers determined to be technically qualified of performing the required service in accordance with FAR Part 12 Acquisition of Commercial Items.
Technically qualified is defined as meeting the minimum requirements in Past Performance, Technical and Price as listed below. No trade-offs are made. To receive consideration for an award, the offer must NOT receive an “unacceptable” rating for the non-price factors.
The Government intends to make its award decision without discussions. Therefore, each offeror is encouraged to provide the Government with all of the information necessary to evaluate its proposal under the evaluation factors stated above.
Offerors that fail to submit all the information necessary to evaluate their proposal with their initial proposal bear the risk that their proposal will be rejected without discussions.
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Past Performance:
a. To demonstrate satisfactory past performance the offeror shall submit two past performance questionnaires demonstrating performance of relevant work, to be completed and returned with solicitation. (Past Performance Questionnaire is attached). If offeror has no past performance of this nature, a neutral rating will be given per FAR 15.305(a)(2)(iv).
PAST PERFORMANCE RATING
ACCEPTABLE Based on the offeror’s performance record, the
Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown
UNACCEPTALBE Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort
2. Technical Capability:
a. Offeror shall provide written documentation of Engine Overhaul Plan. (Narrative describing engine overhaul procedure)
TECHNICAL RATING
ACCEPTABLE Offer clearly meets the minimum requirements of the solicitation UNACCEPTALBE Offer does not clearly meet the minimum requirements of the solicitation
3. Price:
a. Offerors SHALL complete and submit the price schedule with their offer and include a total price for the line item. Failure to do so will result in the offer being rejected without further consideration.
The Contracting Officer will evaluate each offer’s price in accordance with FAR 15.404-1 to determine price reasonableness. In this context, reasonableness will be determined by comparing offered prices to one another, to the Government estimate and to pricing for previous work of a similar nature.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2016)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub.
L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
_X___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
_X___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
_X___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (Oct 2015) of 52.219-9.
_X___ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
_X___ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
_X___ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
_X___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
_X___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X___(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).
_X___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X___ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
_X___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
_X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
_X___ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_X___ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
_X___ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X___ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to…
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