10-T-0123-0001equip.pdf

CONTRACTING DIVISION

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

651-290-5425

651-290-5706

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

33500000

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

W912ES-10-T-0123 16-Sep-2010

b. TELEPHONE NUMBER

651 290-5415

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 01 Oct 2010

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

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

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912ES

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE B6R0LL4 16. ADMINISTERED BY

LOCK & DAM #10

BRYAN PETERSON

USACE - LOCK & DAM 10

PO BOX 849

GUTTENBERG IA 52052-0849

TEL: 612-840-1939 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTOPHER G DAKE MAJ

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

(TYPE OR PRINT)

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

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

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

SEE SCHEDULE

237130

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

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6701793391

ARE NOT ATTACHED

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

TEL: EMAIL:

2 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

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

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

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

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912ES-10-T-0123

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK - LD10 SUPPLY

LOCK 10 DEWATERING

ELECTRICAL EQUIPMENT

MATERIAL SCOPE

Part 1 GENERAL

1.1 SCOPE. The work specified herein includes the selection, and delivery of electrical equipment to be used by the government during winter maintenance dewatering at Lock & Dam #10. Lock & Dam #10 will be closed for winter maintenance dewatering from December 6, 2010 to March 13, 2011. All electrical equipment shall be delivered to the site specified on or before November 1, 2010. The contractor shall be responsible for making all arrangements for delivery and for off-loading of electrical equipment and materials.

1.1.1 Provide two, 400 ampere manual transfer switches.

1.1.2 Provide two, 400 ampere panelboards with circuit breakers.

1.1.3 Provide eight, 60 ampere receptacles.

1.1.4 Provide six, 100 ampere receptacles.

1.1.5 Provide 2100 feet of cable with three #4 AWG conductors and

#8 AWG equipment ground.

a. Provide 60 cable strain reliefs sized for cable provided.

1.1.6 Provide 600 feet of cable with three 250 MCM conductors and #4 AWG equipment ground.

a. Provide 24 cable strain reliefs sized for cable

1.1.7 Provide 2500 feet of cable with three #1 AWG conductors and #6 AWG equipment ground.

a. Provide 52 cable strain reliefs sized for cable

1.1.8 Provide 1200 feet of with three #1/0 conductors and #6 AWG equipment ground.

a. Provide 32 cable strain reliefs sized for cable

1.2 APPLICABLE PUBLICATIONS. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

1.2.1 American National Standard (ANSI):

IEEE C2-2007 National Electrical Safety Code

1.2.2 National Electrical Manufacturers Association (NEMA):

NEMA 250-2008 Enclosures for Electrical Equipment (1000 Volts Maximum)

NEMA AB 1-2002 Molded-Case Circuit Breakers, Molded-Case Switches and Circuit-Breaker Enclosures

NEMA PB 1-2002 Standards for Panelboards

1.2.3 National Fire Protection Association (NFPA) Publications:

NFPA 70-2008 National Electrical Code

1.2.4 Underwriters Laboratories:

UL 44-2005 Standard for safety Thermoset-Insulated Wires and Cables

UL 489-2009 Molded-Case Circuit Breakers, Molded-Case Switches and Circuit-Breaker Enclosures

1.2.5 US Army Corps of Engineers (USACE):

EM 385-1-1-2008Safety and Health Requirements Manual

1.3 SUBMITTALS. The Contractor shall submit the following items with their proposals.

1.3.1 Manufacturers’ cut sheets. The information shall be

submitted in a single transmittal entitled “Lock #10 dewatering electrical equipment”. Equipment and material cut sheets shall be of sufficient size and quality so as to be easily read and reproduced. The following items shall be submitted:

a. Panelboards

b. Transfer Switches

c. Circuit Breakers

d. 60 ampere receptacles

e. 100 ampere receptacles

f. Cable (each size)

g. Cable strain relief (each size)

1.4 MEASUREMENT AND PAYMENT. The payment provided for in the contract shall constitute full compensation for furnishing all materials under the contract in a complete and acceptable manner.

1.4.1 Electrical Equipment. Payment will be made on a lump sum

(LS) basis at the contract price and will constitute full compensation for all materials and delivery to include off-loading of materials to Lock & Dam #10, Electrical Equipment included in the lump sum payment shall include panelboards with circuit breakers, transfer switches, receptacles, cables and cable reliefs.

Part 2 PRODUCTS

2.1 Provide two 400 amp surface mounted manual transfer switches;

transfer switches shall be rated for 480/277 VAC, three phase, four wire, 400 amperes, have short circuit rating of 18K amperes (RMS symmetrical), contain separate neutral and equipment ground buss bars. Manual transfer switch enclosure shall be NEMA 3R rated per NEMA 250, shall be designed so that the switch contacts will break before make, shall be suitable for use as service equipment when installed, shall be interlock such that the door opens only when the switch is in the off position, shall be provided with padlock provision in all three positions main, off, standby, and the door shall lockable. Basis of specification is Midwest Electric Products, Inc model number GS3464B01Ul

2.2 Provide a 400 amp surface mounted panelboard; panelboard shall be rated for 480/277 VAC, three phase, 60 hertz, four wire, 400 amperes with main circuit breaker, have short circuit rating of 18K amperes (RMS symmetrical), contain separate neutral and equipment ground buss bars. Panelboards shall comply with NEMA PB 1 and NEMA AB 1. Enclosure shall be NEMA 3R rated per NEMA 250 and shall have the capacity for the number of circuit breakers specified as follow: Install a 400 amp main circuit breaker. Install two (2) 125 amp branch breakers. Install three (2) 60 amp branch breakers. Install four (4) 50 amp breakers branch breaker. Install one (1) 45 amp breaker and install one

(1) 40 amp branch breaker. Short circuit rating of circuit breakers shall be the same as panelboard. All branch circuit breakers shall be three phase and rated for motor loads. Basis of specification is Square D, I-line series panelboard type HCN.

2.3 Provide a 400 amp surface mounted panelboard; panelboard shall be rated for 480/277 VAC, three phase, 60 hertz, four wire, 400 amperes with main circuit breaker, have short circuit rating of 18K amperes (RMS symmetrical), contain separate neutral and equipment ground buss bars. Panelboards shall comply with NEMA PB 1 and NEMA AB 1. Enclosure shall be NEMA 3R rated per NEMA 250 and shall have the capacity for the number of circuit breakers specified as follow: Install a 400 amp main circuit breaker. Install one (1) 150 amp branch circuit breaker. Install one (1) 110 amp branch breaker. Install one

(1) 70 amp branch circuit breaker. Install four (3) 60 amp branch circuit breakers. Install three (3) 50 amp branch circuit breakers. Install three (3) 50 amp branch circuit breakers and install two (2) 45 amp branch breaker.

Short circuit rating of circuit breakers shall be the same as panelboard. All branch circuit breakers shall be rated for motor loads. Basis of specification is Square D, I-line series panelboard type HCN.

2.4 Provide eight, 60 ampere, pin and sleeve raintight receptacles;

receptacles shall be rated for 600 Vac, three wire, four pole, style 2 with shell and extra pole grounding. Basis of specification is Appleton, ADR6034

2.5 Provide two, 100 ampere, pin and sleeve raintight receptacles;

receptacles shall be rated for 600 Vac, three wire, four pole, style 2 with shell and extra pole grounding. Basis of specification is Appleton, ADR1034

2.6 Provide type XLPE/PVC, Low-voltage, unshielded, 600V, UL type TC-ER cable rated at 90 degrees Celsius for wet and dry locations. The cable shall be sunlight- and weather-resistant. Cable shall comply with the requirements of UL 44. Provide cable in the size and quantity as specified above.

Conductors shall be annealed copper per ASTM B3 and class B stranded per ASTM B8. The conductor insulation shall be flam-retardant Cross-Linked Polyethylene (XLPE). Ground wire shall be un-insulated bare annealed copper annealed copper per ASTM B3 and class B stranded per ASTM B8. Cable jacket shall be lead-free, flame-retardant, sunlight-resistant Polyvinyl Chloride (PVC).

2.7 Provide steel liquidtight strain relief cord connectors in the quantity and as specified for each type of cable specified above.

PART 3 EXECUTION

3.1 RESPONSIBILITIES.

3.1.1 The Contractor shall furnish and deliver to Lock #10 at location specified in paragraph 3.2 DELIVERY, the panelboards, transfer switches, receptacles, cables and cable reliefs.

3.2 DELIVERY.

3.2.1 General. On or before November 1, 2010, the Contractor shall deliver the panelboards with circuit breakers, transfer switches, receptacles, cables and cable reliefs required by the provisions of this contract to:

Lock and Dam 10 5 Lock and Dam Lane Guttenberg, IA 52052

3.3 Acceptance. Payment for electrical equipment shall be made upon acceptance at the designated point of shipment. Within five calendar days after delivery to the designated point of shipment, the items shall be inspected by the Government. The inspection shall include an accounting of the items delivered and a visual inspection to determine any possible damage during shipment. If this inspection reveals any defects or deviations from contract requirements which could render the items unsuitable for the use intended, the Contractor shall repair or replace each identified deficiency.

In the event deficiencies cannot be acceptably corrected, the equipment will be subject to rejection.

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

To assure timely and equitable evaluation of quotes, contractors must follow the instructions contained herein. The quote must be complete, self sufficient, and respond directly to the requirements of this solicitation. Quoters are encouraged to ask any questions regarding this solicitation. Technical related questions will be accepted up to 72 hours prior to the close of the solicitation. This requirement is for the acquisition of commercial items and/or services.

Submit an electronic proposal to christopher.g.dake@usace.army.mil and patrick.j.mally@usace.army.mil. You may also deliver hand carried offers to 180 5th St East, Suite 700, St Paul, MN 55101-1678 and must be time stamped no later than the stated due date in block 8 of the SF 1449.

Quote Preparation Instructions NOTE: All Contractor quotes with company identifying information (name, logo, stamp, etc…) shall be limited to the cover page only on all submitted information, including technical submittals and schedules provided with the quote.

1. Contractors shall complete blocks 12 (if applicable), 17a, 30a, 30b, and 30c on page 1 of the SF 1449.

In doing so, the contractor accedes to the contract terms and conditions as written in the Solicitation, with attachments.

2. Contractors shall insert proposed unit (“UNIT PRICE”) and extended prices (“AMOUNT”) in Pricing Schedule. Please note that a price must be entered on all CLINS as partial quotations will not be accepted.

3. Offerors shall complete the fill-ins and certifications in the provisions as necessary. Specifically, the provision FAR 52.212-3 shall be returned with the proposal or acknowledge that Annual Representation and Certification at Online Representations and Certifications Application (ORCA) are complete.

Submission of the first page of ORCA is also acceptable.

4. Quoters shall provide all technical submittals and information as requested in these specific instructions.

5. Provide detailed warranty information in accordance with Addendum to 52.212-1(b)(5) in these specific instructions.

6. Prior to award contractor must be registered with the Central Contractor Registration (CCR) database at http://www.ccr.gov.

7. The U.S. Army Corps of Engineers, as part of the Federal Government, is tax exempt. Federal Tax ID#62- 1642142.

Electronic Quote Format All quote information shall be provided on, or formatted to, standard paper size.

Electronic proposals provided via e-mail shall be submitted in Microsoft Word or Excel format or Adobe Acrobat (.pdf) as applicable. WINZIP (.zip) files cannot be accepted as they are routinely blocked by the domain firewall. It may be necessary to send multiple emails to keep the e-mail within the firewall size of 8MB. Quotes sent in multiple e-mails shall be numbered to include the total sent, for example “E-mail 2 of 6.”

For any questions regarding this solicitation, e-mail is the preferred method. E-mail questions to, christopher.g.dake@usace.army.mil with a courtesy copy to Patrick.j.mally@usace.army.mil

Evaluation of Proposals Quotes shall be evaluated IAW FAR Part 13 – Simplified Acquisition Procedures.

Quotations will be evaluated using simplified acquisition procedures of FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible contractor whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. Award will be made to the lowest priced technically acceptable quote.

The following factors will be used to evaluate offers:

(i) Technical capability of the items and service quoted to meet the Government’s requirement; and

(ii) Price inclusive of 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; evaluation of options shall not obligate the Government to exercise the option(s)) if applicable.

In order for the quote to be considered technically acceptable, the Government will make a determination of technical acceptability by evaluating the following:

(i) Product description conforming to specifications in the scope of work.

The offeror shall not simply rephrase or restate the Government’s requirements, but shall provide convincing rationale to address how the Offerors intends to meet these requirements.

Options (if applicable). 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 options.

To be considered for evaluation, all Contractors may submit an electronic proposal to the following email addresses no later than the stated due date and time in block 8 of the SF 1449. Submit an electronic proposal to christopher.g.dake@usace.army.mil and patrick.j.mally@usace.army.mil. You may also deliver hand carried offers to 180 5th St East, Suite 700, St Paul, MN 55101-1678 and must be time stamped no later than the stated due date in block 8 of the SF 1449. Submission of proposals via fax will not be accepted.

Late Quotes Proposals that are received late in accordance with FAR 52.212-1(f) will not be considered for award.

Late quotes will be considered late.

Addendum to 52.212-1(b)(5) Terms of Express Warranty

1. The Contractor shall provide the standard commercial warranty or the warranty terms the Contractor offers to its most favorable customers, whichever is greater; however, the minimum warranty shall be one year. This excludes acts of Government negligence, acts of war and acts of nature. Any warranty offered shall be incorporated into the contract. The warranty shall include all parts, labor, transportation, and installation.

2. The contractor shall ensure each warranty includes details of the warranty duration and warranty coverage. Repairs required during the warranty period that are covered under the terms of the express warranty shall be the responsibility of the contractor providing the warranty. The Contractor and its suppliers may offer extended warranties in its quote, which may be accepted at the Government’s discretion and included in the contract award. However, the offer of additional warranties will not affect technical acceptability or favor one contractor over another.

3. The contractor’s terms of express warranty shall be incorporated into the contract award.

Exchanges with Offerors after Receipt of Quotes/Proposals Contractors may be asked to clarify certain aspects of their quote. Clarification conducted to resolve minor or clerical errors will not constitute discussions and the Contracting Officer reserves the right to award a contract without the opportunity for proposal revision.

The Government intends to award a contract without discussions with respective contractors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lump Sum

ELECTRICAL-MATERIALS

FFP

See SOW - transfer switches, circuit breakers, cable.

FOB: Destination

MILSTRIP: W81G6701793391

PURCHASE REQUEST NUMBER: W81G6701793391

NET AMT

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 01-NOV-2010 1 LOCK & DAM #10

BRYAN PETERSON

USACE - LOCK & DAM 10

PO BOX 849

GUTTENBERG IA 52052-0849

612-840-1939 FOB: Destination

B6R0LL4

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

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

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

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

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

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

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

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

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

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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:

Quotes shall be evaluated IAW FAR Part 13 – Simplified Acquisition Procedures.

Quotations will be evaluated using simplified acquisition procedures of FAR 13.106-2. The Government will award a contract resulting from this solicitation to the responsible contractor whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. Award will be made to the lowest priced technically acceptable quote.

The following factors will be used to evaluate offers:

(i) Technical capability of the items and service quoted to meet the Government’s requirement; and

(ii) Price inclusive of 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; evaluation of options shall not obligate the Government to exercise the option(s)) if applicable.

In order for the quote to be considered technically acceptable, the Government will make a determination of technical acceptability by evaluating the following:

(i) Product description conforming to specifications in the scope of work.

The offeror shall not simply rephrase or restate the Government’s requirements, but shall provide convincing rationale to address how the Offerors intends to meet these requirements.

Options (if applicable). 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 options.

To be considered for evaluation, all Contractors may submit an electronic proposal to the following email addresses no later than the stated due date and time in block 8 of the SF 1449. Submit an electronic proposal to christopher.g.dake@usace.army.mil and patrick.j.mally@usace.army.mil. You may also deliver hand carried offers to 180 5th St East, Suite 700, St Paul, MN 55101-1678 and must be time stamped no later than the stated due date in block 8 of the SF 1449. Submission of proposals via fax will not be accepted.

Late Quotes Proposals that are received late in accordance with FAR 52.212-1(f) will not be considered for award.

Late quotes will be considered late.

Addendum to 52.212-1(b)(5) Terms of Express Warranty

1. The Contractor shall provide the standard commercial warranty or the warranty terms the Contractor offers to its most favorable customers, whichever is greater; however, the minimum warranty shall be one year. This excludes acts of Government negligence, acts of war and acts of nature. Any warranty offered shall be incorporated into the contract. The warranty shall include all parts, labor, transportation, and installation.

2. The contractor shall ensure each warranty includes details of the warranty duration and warranty coverage. Repairs required during the warranty period that are covered under the terms of the express warranty shall be the responsibility of the contractor providing the warranty. The Contractor and its suppliers may offer extended warranties in its quote, which may be accepted at the Government’s discretion and included in the contract award. However, the offer of additional warranties will not affect technical acceptability or favor one contractor over another.

3. The contractor’s terms of express warranty shall be incorporated into the contract award.

(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 (AUG 2009)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision.

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

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

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.

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.

(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 posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) 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 on ORCA.]

(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, for general statistical purposes, 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.

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.

(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(10) HUBZone 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--

(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not s joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.