W912EQ19R0004_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912EQ19R0004 08-Feb-2019

b. TELEPHONE NUMBER

901-544-3619

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 15 Feb 2019

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 X 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

VALERIE MARSHALL

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

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

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

W38XGR83108918

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

VALERIE MARSHALL

167 N. MAIN STREET

VALERIE.MARSHALL@USACE.ARMY.MIL

MEMPHIS TN 38103-1894

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: 901-544-3619 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

335314

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF61

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.

W912EQ19R0004

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

GE DRIVES REPLACEMENTS (7)

FFP

DC 21003 FOR DREDGE HURLEY. THE CONTRACTOR SHALL PROVIDE

ALL MATERIALS, PARTS, SUPPLIES, INSTALLATION, TRAINING, AND

EQUIPMENT REQUIRED TO REMOVE EXISTING DRIVES AND ALSO

PROVIDE LICENSED TECHNICIAL SUPPORT DURING INSTALLATION

ON NEW DRIVES. SEE PERFORMANCE WORK STATEMENT FOR

ADDITIONAL DETAILS.

FOB: Destination

MILSTRIP: W38XGR83108918

PURCHASE REQUEST NUMBER: W38XGR83108918

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job

MISCELLANEOUS REPAIRS AND/OR PARTS

FFP

THIS REQUIREMENT IN DFARS 252.217-7028, OVER AND ABOVE WORK,

ARE APPLICABLE FOR THIS LINE ITEM. THE CONTRACTOR SHALL

PROVIDE THE CONTRACTING OFFICER WITH A WORK REQUEST TO

IDENTIFY THE OVER AND ABOVE WORK AND, AS APPROPRIATE, THE

GOVERNMENT AUTHORIZES THE CONTRACTOR TO PROCEED.

FOB: Destination

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Replace GE Drives on Dredge Hurley

Part 1

1. GENERAL: This is a contract to replace obsolete control equipment on the Dredge Hurley. This contract will require replacement of three propulsion drives (1900 HP), two jet pump drives (500 HP) and two dredge pump drives (1500 HP). This contract also requires SCR armature power bridge rebuild for each drive.

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 replace obsolete drives and drive components. The contractor shall perform to the standards in this contract.

1.2 Background: Currently the Dredge Hurley has three General Electric DC2000 J-Frame drives rated 2000 HP, 750 VDC, 2250 amps controlling three propulsion motors (1900 HP each), General Electric DC2000 D Frame drives rated 500HP, 750 VDC, 550 amps controlling two Jet pumps (500 HP) and two General Electric DC2000 D-Frame drive rated 1500HP, 750 VDC, 1550 amps controlling two dredge pumps (1500HP). These drives were installed or modified in the mid/late 1990’s and parts are becoming obsolete for the General Electric drives (DC2000).

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 removing existing General Electric Drives seven (3 propulsion drives, 2 jet pump drives and 2 dredge pumps) on the Dredge Hurley. Providing a new functional control replacement system to drive motors without changing the current operation of the dredge. Included in the installation would be documentation to include electrical schematics and Operation and Maintenance manuals including cut sheet data. The scope of this work also includes training of the new drives to include troubleshooting and maintenance of drives.

Period of Performance: The project needs to be completed no later than March 30, 2019.

1.5 N/A

1.6 General Information

1.6.1 Quality Assurance: Provided Separately

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 to be available during all 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 0630 - 1700 Monday through Thursday. 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.

(IF OR WHEN APPLICABLE). 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: N/A

1.6.10 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 (COTR), 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.

1.6.11 Contracting Officer Representative (COR): The (COR) will be Jeffrey Farmer. The COR monitors all technical aspects of the contract and assists in contract administration. The COTR 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

1.6.12 Key Personnel: The following personnel are considered key personnel by the government: Robert Shover, Safety Officer; Matt Young, Deputy Chief Physical Support Branch; and Jeffrey Farmer, Electrical Engineer Navigation Section COR. 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.

1.6.13 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.

1.6.14 Contractor Travel: Contractor shall be responsible for all travel cost associated with this contract. Cost shall be incorporated into contractor’s price.

1.6.15 Other Direct Costs: None

1.6.16 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). SEE DFARS CLAUSE 252.201-7000

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: The government is responsible for verifying the adequacy of the contractor's quality control system throughout contract performance. In addition to inspections identified in the QASP, the Contractor and Contracting Officer representative (COR) will make a joint visual inspection of the project and needed repairs for contractor damage, if found repairs will be noted and made immediately.

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.

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 equipment and determine new drive location in existing climate controlled cabinets. During removal stage remove obsolete equipment and notify COR or designee of equipment going to be relocated. During Installation and Commissioning 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 existing drives and also provide licensed technician support during installation on new drives.

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.

ACCIDENT PREVENTION PLAN (APP) SUBMITTAL: three copies of the Accident Prevention plan within ten

(10) days after the authorization to begin work. Guidance on APP's is located in Appendix A of the EM 385-1-1.

Utilize the abbreviated format".

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 replace or repair the damage as ordered by the Contracting Officer and may request an equitable adjustment for the actual cost of such replacement or repairs. 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, at 2915 Riverport Rd, Memphis, TN 38109, Phone: (901) 481-4470.

5.7 COMMERCIAL WARRANTY

The Contractor agrees that the drive replacement 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 OFFERORS

A. The following documentation must be submitted with your proposal for evaluation.

1. SF 1449, Solicitation, Offer and Award; include your signature, name, title, date, include prompt payment terms, remittance address, DUNS number, and Cage Code.

2. Schedule of prices

3. All amendments must be acknowledged

4. Review and submit the required information from FAR clauses 52.212-2

5. Past Performance Questionnaire (PPQ)

B. Offerors ADDRESS - Prospective Offerors should indicate in the offer, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the offeror on Standard Form 1449 Block 17a.

C. System for Award Management - By submission of a proposal, the Offeror 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.

D. Wage Determination - During the services performed for the resulting contract, vendors must ensure they are following the applicable Wage Determinations as found at http://www.wdol.gov/sca . The applicable Wage Determination for this solicitation; 2015-4673 revision 8.

E. Basis of Award - The Government will award a Firm Fixed Price Contract from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government based on technical acceptability, satisfactory past performance and price. See Performance Work Statement and Evaluation Criteria specified in FAR 52.212-2 of this solicitation. The Government intends to award (1) Firm Fixed Price Contract from this solicitation.

This order will be evaluated to assure that orders are not provided to debarred contractors. In addition, contractors with known performance issued identified in determining the contractor’s responsibility per FAR Part 9 will be brought to the attention of the Contracting Officer and may be considered in making the awards.

FAR Part 9, Contractor Qualification, requires that purchases shall be made from, and shall be awarded to, responsible prospective contractors only.

F. How to submit Proposal – To be considered for evaluation, all Contractors may submit an electronic offer to the following email addresses no later than the stated due date and time in block 8 of the SF 1449. Submit an electronic offer to Valerie.Marshall@usace.army.mil. You may may also deliver hand carried offers to 167 N.

Main Street, Memphis TN 38103 and must be time stamped no later than the stated due date in block 8 of the SF 1449. Submission of offers via fax will not be accepted.

G. Delivery Times - The following delivery times are established for contactors: 0700-4:00pm, M-F (Monday thru Friday) 0700-3:00pm, Friday

(UNLESS OTHERWISE INSTRUCTED)

No deliveries will be accepted on Federal holidays.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section H - Special Contract Requirements

INSURANCE REQUIREMENT

REQUIRED INSURANCE

(a) As required by the Contract Clause entitled “Insurance—Work on a Government Installation”, the Contractor obtain insurance prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph (b) of the aforementioned Contract Clause.

(1) Workmen’s Compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer’s Liability Insurance -- $100,000.00

(3) Comprehensive General Liability Insurance – (No property damage liability insurance is required.)

Bodily Injury -- $500,000 per occurrence

(4) Comprehensive Automobile Insurance –

Bodily Injury -- $200,000 each person $500,000 each accident Property Damage $ 20,000 each accident

(b) Certificates of insurance should be submitted to the following address:

Contracting Division Memphis District, Corps of Engineers ATTN: Valerie Marshall, RM 665 167 North Main Memphis, TN 38103

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-6 Drug-Free Workplace MAY 2001 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.253-1 Computer Generated Forms JAN 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

MAR 2018

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.217-7028 Over And Above Work DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 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 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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:

Technical Capability Documentation of offerors technical capability to provide and install the items specified. Provide capability statement (one page narrative addressing ability to provide, or purchase, and install required equipment), or any other documentation necessary for the government to make a determination of technical acceptability of the items quoted. Documentation of offerors best delivery/completion date to provide and install the supplies shall be included and annotated on the first page of submittal.

Past Performance

Offerors shall provide past performance questionnaires for at least (2) companies within the past thirty-six

(36) months demonstrating successful performance by the offeror that are similar in scope and specifications of this requirement. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be evaluated as neutral on Past Performance, providing the offeror supplies a statement with their offer that no past performance information is available. (Past Performance Questionnaire is provided as an attachment)

Price Quotes will be evaluated by comparing offered prices to one another. Price quotes will be examined to determine the extent to which proposed prices are comparable with the Government estimates, and previous procurement history and a determination made of Price Reasonableness. The Government may reject any proposal that is determined to be Not Fair and Reasonable, unrealistically high or low in price when compared unbalanced, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the requirements.

Technical and past performance, when combined, are approximately equal to price

The factors to be applied in this evaluation are Technical, Past Performance, and Price. These factors will be evaluated against the requirements to determine the proposal is acceptable or unacceptable, using the following rating table:

Rating Definition Acceptable Proposal clearly meets the minimum requirements of the solicitation, with all required documents.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

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

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

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

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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