A22_W912EQ19T0032.pdf

SEE ADDENDUM

(No Collect Calls)

W912EQ19T0032 07-Aug-2019

b. TELEPHONE NUMBER

901-544-3710

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 06 Sep 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

KIRK A MIDDLETON II

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

W38XGR91784335

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

KIRK A. MIDDLETON 167 N MAIN ST

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: 901-544-0786 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333120

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 OF52

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.

W912EQ19T0032

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Duty Cycle Crawler Crane

FFP

Liebherr HS 8130 LCWT or equivalent (see attached specifications) FOB: Destination

MILSTRIP: W38XGR91784335

PURCHASE REQUEST NUMBER: W38XGR91784335

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Government Trade In

FFP

LinkBelt 218 HSL Lattice Boom Crane (See Specifications Attached) * The Government is not obligated to award on a trade-in or exchange basis. If the lowest evaluated technically acceptable offer is an offer for the new items without a trade-in or exchange, the contracting officer may award on that basis and forgo trade-in.

FOB: Destination

PURCHASE REQUEST NUMBER: W38XGR91784335

NET AMT

Section C - Descriptions and Specifications

SPECIFICATIONS

Request for Quote

Potential Offerors-

The US Army Corps of Engineers at Ensley Engineering Yard is seeking offers for one (1) continuous duty cycle crane with the specifications outlined below.

Deliver to Ensley Engineering Yard, 2915 Riverport Road, Memphis, TN 38109 within 120 days of contract award. P.O.C for questions regarding specifications is Steve Lytle by phone 901- 333-3623.

CONTINUOUS DUTY CYLE CRAWLER CRANE EQUIPMENT SPECIFICATIONS

The successful offeror shall be a local factory-authorized dealer for the make of machine offered and shall maintain a service center equipped with factory-trained mechanics and sufficient parts inventory, a copy of which will be furnished upon request. Offerors must submit with their quote, the latest published specifications and advertising literature on the machine they propose to furnish. Offerors must list on a separate sheet of paper any variations from, or exceptions to, the conditions and specifications of this offer. This sheet shall be labeled “Exception(s) to Offer Conditions and Specifications,” and must be attached to the quote.

1. Basic – The delivered crane and all parts associated with it shall be a new, currently advertised, standard production, track type, crawler crane designed and purpose-built for continuous duty cycle service with hydraulically controlled lattice boom. The duty cycle crane shall be manufactured for continuous use in a clamshell and dragline operation. In addition to duty cycle usage, the crane shall be capable of lift crane usage with the following characteristics:

a. Basic operating weight should be approximately 260,000 lb including upper-works and lower-works, full upper counterweights, full car-body counterweight and, approximately, 46-ft basic boom.

b. Ground pressure should not exceed 16.0 psi with basic boom, counterweights, and no load.

c. The width of the crane should not be greater than 18’ measured from the outside of the tracks.

d. The fairlead needs to have full rotation capability.

2. Engine –

a. The engine shall be of diesel type and fully equipped with all necessary operating accessories.

b. The engine shall meet U.S. EPA Tier 4 Final emission specifications.

c. Engine shall develop at least 600 net flywheel hp and provide enough power to run all crane movements simultaneously.

3. Duty Cycle & Lift Capacity Requirements –

a. The machine shall have clamshell, dragline, and lift capabilities with the following characteristics:

i. In clamshell operation when equipped with 115’ main boom and operating at a 50’ radius, the overall (bucket and material) capacity should be greater than or equal to 40,000 lbs.

ii. In dragline operation when equipped with 115’ main boom and operating at an 80’ radius, the overall (bucket and material) capacity should be greater than or equal to 21,000 lbs.

iii. In lifting operation when equipped with 115’ main boom and operating at a 50’ radius, the overall (bucket and material) capacity should be greater than or equal to 45,000 lbs.

4. Car-body and crawlers –

a. The crawlers should be able to be hydraulically extendable. Crawler belt tension should be automatically adjustable through a hydraulic chain tensioning device.

b. The crawler propulsion should be through an axial piston motor and equipped with a hydraulically released spring loaded multi-disc brake.

c. The steering mechanism should be a hydraulic propel system that provides both skid steering (driving one track only) and counter-rotating steering (driving each track in opposite direction) and differential track speed.

d. Track rollers shall be sealed for maintenance free operation.

e. The crawler shoes should be at least 39 inches wide on each crawler.

f. The travel speed should be up to 0.8 mph.

g. The car-body should be constructed of welded steel and designed for duty-cycle service.

5. Boom Hoist –

a. The boom hoist shall be a single drum powered by a fixed axial piston hydraulic motor.

b. The boom hoist brake will be a spring loaded and hydraulically released multi-disc holding brake.

6. Boom –

a. The boom should be welded lattice construction using tubular, high-strength steel with pin connections between sections. Boom tip should be open throat construction. There should be two idler sheaves and four point sheaves.

b. The basic boom length should be approximately 46 ft.

c. The total boom length provided shall be approximately 115 ft.

d. The minimum width of the boom should be 6 ½ ft.

e. The machine shall have a wind speed indicator providing the operator continuous boom head wind speed readings.

f. The boom and head are to be utilized in clamshell, dragline and lifting operations.

7. Drums/Winches –

a. Front and rear drums should be powered hoisting, powered lowering, and free-fall operating. The free-fall should be a true free fall that does not require additional keys or buttons to operate because this machine will be used as a drag line which requires the bucket to be cast out.

b. The line shall be roped non-rotation resistant wire rope in the correct length so as to provide clamshell capability and service with the boom length specified.

c. The line should be on spools.

d. Front and rear drums/winches are to be free-fall for duty cycle service and with selection fully powered for lift crane service.

e. The line pull nominal load should be at least 77,000 lbf.

f. The drums/winches will use pressure-controlled, variable f low hydraulic motors.

g. Front and rear drums should have drum turn indicators.

h. Clutch and braking functions on the free-fall system are to be multi-disc brake.

i. The control system on-board for the main operating drums/winches shall automatically adjust oil flow to provide maximum speed depending upon load.

j. There is to be provided a powered, free-fall tagline winch for clamshell service with a line pull not less than 6,000 lbf.

k. There shall be a method which prevents hoist drum movement once placed into a stop position unless motion is initiated by the crane operator.

l. The front and rear drums grooved diameter should be approximately 32”.

m. The rope capacity should be at least 150’ for the 1st layer and 750’ in four layers.

n. The line speed on the first drum layer should be at least 310 ft/min for hoisting and lowering.

8. Swing System –

a. The swing system is to consist of a 3-row roller bearing with external teeth and two fixed axial piston hydraulic motors.

b. The swing brake should be a spring-set, hydraulically released multiple-disc brake internally fitted in the swing motor.

c. The swing lock should be able to lock for transportation.

d. The swing speed should be continuously variable from 0 to at least 3.5 rpm.

9. Hydraulics –

a. Gearbox driven axial piston displacement pumps should be configured to provide on demand flow control (oil supplied only when needed) to all hydraulic systems (hoist & drag, swing, boom, & auxiliary).

b. An automatic working pressure cut-off shall be integrated to minimize peak pressure.

c. The hydraulic oil shall be cleaned through electronically controlled pressure and return filters.

10. Counterweight –

a. A sufficient counterwieght shall be provided to ensure operational capabilities in clamshell, dragline, and lifting operations as specified in section 3. “Duty Cycle and Lift Capacity Requirements.”

11. Operator’s Cab –

a. The operator’s cab shall be a totally enclosed, full vision cab fitted with tinted safety glass and a multi-position operator’s seat that allows easy access to the crane’s operating control levers.

b. The operator’s cab shall be equipped with an air conditioner, a signal horn and windshield wiper.

c. Electro-hydraulic controls which allow proportional control of all crane functions are to be provided.

d. All operator indicators shall be visible in all light conditions.

e. The following safety devices should be included: an easy to read load moment indicator, load moment limitation (when in lift crane mode), and maintenance display, function lock lever, anti-two-block, boom over hoist limit switch, boom angle indicator, signal horn, boom hoist drum lock, front and rear drum lock, swing lock, swing alarm (buzzer and lamps), boom backstops, and complete machine operating data, warnings and any failure indications shall be clearly displayed on a high-resolution monitor in the cab.

12. Pneumatic tank and support –

a. The crane should have a hydraulically driven air compressor.

b. A stainless steel braid Teflon air hose will be installed from the compressor to the tank.

c. A flexible steel braided 1" air hose with a quick disconnect will be run from the tank to the front of the crane.

d. A quick disconnect will be install in the actuation line 3/8" at the front of the crane.

e. An air manifold gauge & an audible alarm will be mounted in the operators cab.

13. Miscellaneous –

a. The following shall be included:

i. Adjustable LED searchlights for boom foot

ii. Dragline fairlead

iii. Catwalk and handrails for cabin

iv. Handrails on rooftop

v. Central lubrication for swing rig

14. Equipment Protection Plan –

a. Machine shall include a 12 month Equipment Protection Plan and may include an option for an additional 24 months listed on the quote.

15. The software required for maintenance and repair shall be delivered with the new machine.

16. Within one week of delivery, the manufacturer must provide training to USACE personnel for the following items:

a. Maintenance software

b. Machine operation

c. Two hard copies of the Maintenance Manuals

d. Two hard copies of the Operators Manuals

17. Trade in –

a. Offeror must be willing to consider accepting USACE’s LinkBelt 218H II crane and give the government fair market value credit towards the purchase of the new crane

b. If the offeror is not interested in giving the government fair market value towards the LinkBelt 218H II, the LinkBelt 218H II shall remain in the custody of the government and will not be a part of this contract.

c. The LinkBelt 218H II is located at 2915 Riverport Road, Memphis, TN 38109.

d. The LinkBelt 218H II lattice boom crawler crane has 9,347 hours on the machine as of June 13, 2019.

e. Photos of the crane are attached. (Section 23)

18. Recognized Holidays – The delivery will not be scheduled during the following federal 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

19. Hours of Operation – Delivery schedule will be coordinated by Contracting Officer’s Representative (COR) and Contractor.

20. Place of Performance – Delivery of equipment will be made to U.S. Army Corps of Engineers, Ensley Engineering Yard, 2915 Riverport Road, Memphis, TN 38109

21. Type of Contract – The Government will award a Firm Fixed Price (FFP) purchase order.

22. Security Requirements –

a. Physical Security – The Contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use, if needed.

b. Contractor will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or restricted areas.

c. Access and General Protection/Security Policy and Procedures: All Contractor and associated sub-contractor employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provide by government representative). The Contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshall 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 individual facility or installation change, the Government may require changes in contractor security matters or processes.

d. Pre-Screen Candidates Using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.dhs.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 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.

e. Special Qualifications: NA

f. 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 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 office 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 meeting shall be at no additional cost to the Government.

g. Contracting Officer Representative (COR): The Contracting Officer Representative will be Steve Lytle, Senior Plant Inspector. 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 Office and Contractor of any deficiencies; and 6) coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

h. Key Personnel: The following personnel are considered key personnel by the Government:

Robert Shover, Safety Officer; Steve Lytle, Senior Plant Inspector. 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.

i. 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. All contractor employees will be required to wear a badge identifying them as contractor employees at all times while at the Government installation.

j. Contractor Travel: Contractor shall be responsible for all travel costs associated with this contract. Costs shall be incorporated into contractor’s price.

k. Other Direct Costs: None

l. 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 Government owned and are the 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.

m. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g. cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

23. Information on Trade-in Crane:

Name/Number: LinkBelt 218H

II/49913

Owning District:

Memphis District

Model/Serial #: J2J3-6608 Hours: 9,347

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 Destination Government Destination Government 0002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-MAR-2020 1 W2R9 ENDIST MEMPHIS

USACE ENSLEY ENGINEER YARD

2915 RIVERPORT ROAD

MEMPHIS TN 38109-3018

901-785-6355

W38XGR

0002 31-MAR-2020 (SAME AS PREVIOUS LOCATION)

W38XGR

Section G - Contract Administration Data

LOCAL INSTRUCTIONS TO VENDORS

0010 CONTRACTING OFFICER AUTHORITY

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

0020 CUSTOMER INSTRUCTIONS

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

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

0030 CONTRACTING OFFICE E-MAIL ADDRESS/PHONE/FAX NUMBER(S)

kirk.a.middleton@usace.army.mil – 901-544-0786 (PH) - Contract Specialist Monica.A.Moody@usace.army.mil 901-544-0838 (PH) – Contracting Officer

0040 CONTRACT ADMINISTRATION

All contract inquiries, after award of this contract, shall be directed to the Contracting Officer:

NAME: Kirk Middleton II LOCATION: 167 North Main, Rm A-665

TELEPHONE NO.: 901-544-0786

E-MAIL ADDRESS: kirk.a.middleton@usace.army.mil

b. The authorized representatives of the Government during the performance period are as follows:

(1) The Contracting Officer’s Representative (COR) will be designated, by letter of appointment, by the Contracting Officer and will represent the Contracting Officer in the technical phases of the work, but will not be authorized to change any of the terms and conditions of the contract.

The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

(2) The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task orders.

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

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

BLDG S-787

MILLINGTON TN 38054-5005

0070 BLOCK 18b OF SF 1449, SUBMIT INVOICES:

DESIGNATED BILLING OFFICE:

USACE FINANCE CENTER

5722 INTEGRITY DRIVE

BLDG S-787

MILLINGTON TN 38054-5005

CEFC.B1invoices@usace.army.mil

AND

USING ACTIVITY

US ARMY ENGINEER DISTRICT, MEMPHIS

Revetment Section

2915 RIVERPORT ROAD

MEMPHIS, TN 38109

POC: Steve Lytle

PHONE: (901) 333-3623

Stephen.M.Lytle@usace.army.mil

TO EXPEDITE PAYMENT (Preferred): Please email your invoice to:

CEFC.B1invoices@usace.army.mil (Designated Billing Office)

Invoice(s) must include:

(1) Name and address of the Contractor;

(2) Invoice date;

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

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

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

(6) Terms of any prompt payment discount offered;

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

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

Failure to mail/email your invoice(s) to the above addresses or to provide all responsive information may delay payment.

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 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

AUG 2018

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 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

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

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

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

MAR 2018

252.215-7008 Only One Offer OCT 2013 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

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 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.247-7023 Transportation of Supplies by Sea FEB 2019

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:

PRICE

TECHNICAL CAPABILITY

PAST PERFORMANCE

The award will be made to the contractor whose price is the lowest of all offers determined to be technically qualified in accordance with FAR Part 12 Acquisition of Commercial Items. Technically qualified is defined as meeting the minimum requirements in Technical, Past Performance 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. Price:

a. Offers SHALL complete and submit the price schedule with their proposal and include a price for each line item. Failure to do so will result in the offer being rejected without further consideration. The Government is not obligated to award on a trade-in or exchange basis. If the lowest evaluated technically acceptable offer is an offer for the new items without a trade-in or exchange, the contracting officer may award on that basis and forgo trade-in.

b. 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.

2. Technical Capability:

The Technical Capability factor SHALL receive an adjectival rating based on the assessed strengths and inadequacies of each offer as they relate to the Technical Capability. Technical rating with details descriptions are shown below:

TECHNICAL RATING

ACCEPTABLE Offer clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE Offer does not clearly meet the minimum requirements of the solicitation

3. Past Performance:

A review of past performance will be conducted on this requirement. The quality and delivery classifications identified for a supplier in the Past Performance Information Retrieval System‐‐Statistical Reporting (PPIRS‐SR) application (http://www.ppirs.gov/) will be used by the contracting officer to evaluate a supplier's past performance.

In the case of a supplier without a record of relevant past performance history in PPIRS‐SR for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

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.

UNACCEPTABLE 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.

(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 least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the…