13-T-0092.pdf

PDF 263 KB Posted Jul 5, 2013

Attached to: Bubbler Pipe Valve IDIQ for Lock and Dam De-waterings
Solicitation number: W912ES-13-T-0092
Issued by: Department of the Army Corps of Engineers Engineering District St Paul

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CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

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)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

CODE

W912ES-13-T-0092 05-Jul-2013

b. TELEPHONE NUMBER

651-290-5444

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 19 Jul 2013

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 B6L1000 16. ADMINISTERED BY

ENGINEERING & CONSTRUCTION DIVISION

THOMAS LYTLE

USACE - ST PAUL

180 5TH STREET E, SUITE 700

ST PAUL MN 55101-1638

TEL: 651-290-5027 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JESSE L ONKKA

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

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.

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6731697728

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:

1 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

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

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-13-T-0092

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 360 Each

BUBBLER PIPE VALVES

FFP

FOB: Destination

MILSTRIP: W81G6731697728

PURCHASE REQUEST NUMBER: W81G6731697728

NET AMT

1001 180 Each

OPTION BUBBLER PIPE VALVES

FFP

FOB: Destination

2001 180 Each

OPTION BUBBLER PIPE VALVES

FFP

3001 180 Each

OPTION BUBBLER PIPE VALVES

FFP

4001 180 Each

OPTION BUBBLER PIPE VALVES

FFP

SCOPE OF WORK

SUPPLY CONTRACT

RUBBER CHECK VALVES

DESCRIPTION/SPECIFICATION/WORK STATEMENT

Par No. Description

1 SCOPE

2 APPLICABLE PUBLICATIONS

3 GENERAL

4 PRE-AWARD SUBMITTALS

5 POST-AWARD SUBMITTALS

6 MATERIALS

7 PACKAGING AND MARKING

8 INSPECTION AND ACCEPTANCE

9 DELIVERY

SUPPLY CONTRACT

ASSEMBLED RUBBER CHECK VALVE

PART I - DESCRIPTION/SPECIFICATION

1.0 SCOPE.

This section covers work necessary to supply rubber check valves, fully assembled with pipe nipples, for the duration of the contract. The assembled rubber check valves will be installed by others at multiple Lock and Dam sites.

2.0 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. The latest version of the publications shall be utilized.

2.1 American National Standard Institute (ANSI).

B1.20.1 Pipe Threads, General Purpose (Inch)

B36.19M Stainless Steel Pipe

2.2 American Society for Testing and Materials (ASTM).

A312 Seamless and Welded Austenitic Stainless Steel Pipe

D2000 Standard Specification System for Rubber Products in Automotive Applications

3.0 GENERAL.

Descriptions, sizes, and quantities of the required contract supply work items shall be as specified herein.

4.0 PRE-AWARD SUBMITTALS.

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

Offers 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 offer, 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 offer. Technical acceptability will be based on the contractor’s relevant experience, past performance, and proposed fabrication methods.

Offerors shall submit the following information with their quote:

4.1 Relevant Experience Information. Offerors shall submit documentation demonstrating the firm’s relevant experience in fabrication of valves similar in nature to those required under this contract.

Relevant experience may be provided for the offeror and/or major subcontractor(s). For each firm identified, Offerors shall provide three (3) examples of relevant projects (Similar rubber check valves defined as “duck-bill” style rubber check valves used for air delivery in underwater applications).

Relevant projects must be at least 50% physically complete and performed by the firm within the last three (3) calendar years. If more than one firm (i.e. subcontractor or joint venture/teaming partners) will perform a significant portion of the work for an element, the proposed firms must be identified and each firm must provide relevant project information, related to its role in this contract.

Submittal Requirements:

a) Offerors shall submit experience References for (3) projects performed by the Offeror within the past three (3) calendar years.

b) If more than three experience references are submitted, only the three most recent projects will be considered.

c.) Submit documentation showing Offeror has supplied (as a prime or sub contractor) similar rubber check valves on at least ten projects within the past five years.

4.2 Past Performance. Offeror’s past performance is a measure of the degree to which an Offeror was successful on projects, as measured by the level of past customer satisfaction. It is also a measure of the degree to which an Offeror has complied with Federal, State, and local laws and regulations. Past performance information is one indicator of an Offeror’s ability to perform the contract successfully.

Submittal Requirements:

a) Offerors shall submit Past Performance References for (2) projects performed by the Offeror within the past three (3) calendar years.

b) If more than two past performance references are submitted, only the two most recent projects will be considered. If less than two past performance references are submitted, the submitted project will be evaluated, and the lack of the requested number of projects will not affect the rating for this factor, provided the Offeror certifies that additional past performance information is not available and provides an acceptable explanation as to why additional past performance is not available.

c) In the case of an Offeror with no performance history, or for whom information on past performance is not available, the Offeror will be evaluated as neutral provided the Offeror certifies that additional past performance information is not available and provides an acceptable explanation as to why past performance information is not available.

d) The past performance reference must have been a client, or client representative, with whom the Offeror had a contract, or subcontract (if applicable) for one or more projects. The reference must hold, or have held at the time, a senior position in the client organization with responsibilities of contract administration, quality control, engineering, or technical supervision, or was otherwise in a position to evaluate the Offeror’s performance in executing the contract or subcontract. The past performance reference must have first-hand knowledge of the Offeror’s performance. The reference must have a current, valid phone number at which they can be reached during normal business hours, a fax number, and must be able to speak, read, and write in the English language.

The Government’s assessment of past performance will be based mainly on the Offeror’s reputations with customers and other sources. The Government will consider the currency and relevance of past performance information, source of the information, context of the data, and general trends in the contractor’s performance. The Government may contact any or all of the past performance references provided by the Offeror in response to this solicitation, and may also use information obtained from any other sources when evaluating past performance of the Offeror and major subcontractors. Other sources may include, but are not limited to, the Past Performance Information Retrieval System (PPIRS). While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance rests with the Offeror.

The evaluation will take into account relevant past performance information regarding predecessor companies or subcontractors that will perform major or critical aspects of the requirements when such information is available and relevant to the instant acquisition. If necessary during the evaluation process, any adverse information received regarding subcontractor past performance may be shared with Offerors during clarifications or discussions if held.

4.3 Fabrication Methods. Offeror shall submit a narrative plan describing the methods used to fabricate the complete rubber check valve assembly, to include rubber check valve, pipe nipple, adjustable band clamp and adapter bushing (if applicable).

Offeror shall provide catalog cuts and a cutaway drawing or sketch showing the complete rubber check valve assembly. Provide relevant dimensions, label each component and indicate materials.

5.0 POST-AWARD SUBMITTALS.

The Contractor shall submit the information outlined in Paragraph 4.1 within 30 days after contract award. The Government will review the submittals and provide comments and/or approval. Any review comments and/or approval will be provided within 10 days of shop drawing receipt. The Contractor shall provide revised shop drawings (incorporating comment changes) within 10 days from receiving comments. No item shall be shipped without approved shop drawings.

The shop drawings shall clearly show the material and sizes proposed for all components. The submittal package shall be submitted prior to the first delivery only. Subsequent deliveries will not require a submittal package unless there is a change to any component of the rubber check valve assembly.

In the event of a change from the original submittals, the Contractor will be required to coordinate a new set of submittals with the Government.

5.1 Submittal Requirements. The manufacturer shall include the following documents for review and approval.

a. Dimensional drawings and catalog cuts of the rubber check valve, pipe nipple and the fully assembled product.

b. Certified flow versus headloss curves.

c. Product sheet for the banding/adjustable clamp showing material grade, dimensions and torque capacity.

5.2 Samples. A sample/prototype of the proposed rubber check valve fully assembled with the pipe nipple and clamp shall be submitted for approval along with the submittal package outlined in Paragraph 4.1 Submittal Requirements.

6.0 MATERIALS.

6.1 Pipe Nipples. Pipe nipples shall be schedule 40, Type 316 stainless steel pipe, 1/2-inch nominal diameter by 3 inches in length. One end shall be NPT threaded to connect to the existing bubbler pipe thread-o-lets. The opposite end shall be threaded or barbed and inserted into the rubber check valve.

6.1.1 The use of an adapter bushing to step up the outer diameter of the pipe nipple to match the inner diameter of the rubber check valve is allowed. The adapter bushing shall be Type 316 stainless steel. Adapter bushing shall have internal straight threads and be connected to one of the NPT threaded ends of the pipe nipple. The outer diameter of the adapter bushing shall be threaded or barbed and inserted into the rubber check valve.

6.2 Rubber Check Valves. Rubber check valve shall be a manufacturer’s standard product. The contractor shall provide a sample for approval before manufacturing the initial required quantity. Rubber check valves shall be similar to Red Valve Air Diffuser Check Valves manufactured specifically for lock and dam applications. The check valves shall be capable of discharging air at the design conditions and also prevent the backflow of liquid and debris into the unit and air distribution piping. The Government shall indicate the quantity of valves required for each delivery.

6.2.1 Rubber check valves shall be a “duck bill” type design. Each valve shall be fabricated from compression molded Buna Nitrile elastomer with enough resiliency to open by hand. Rubber check valves shall open with approximately 1/2 psig air pressure. Positive differential pressure shall open the valves.

Reverse pressure on the outside of the valve shall seal the valve preventing any backflow.

6.2.2 Each rubber check valve shall be factory banded to a pipe nipple. The adjustable banding clamp used in this connection shall be Type 316 stainless steel. Rubber check valves shall utilize an interference fit over the threads/barbs of the 1/2-inch pipe nipples. A 1/2-inch pipe nipple has an outside diameter of 0.840 inches. The actual amount of interference between the rubber check valve and the pipe nipple shall be coordinated with the Government at the shop drawing review stage and as part of the submittal sample.

6.2.3 Design Parameters. Rubber check valves shall be capable of operating in the following system:

Operating Pressure [psig]

Air Flow Rate

[ACFM]

Max Head Loss [in.

of H20]

12 12 to 24 9

7.0 PACKAGING AND MARKING.

Rubber check valves shall be properly packaged to assure protection from damage in transit. Shipping packaging shall be marked and tagged to clearly identify contents.

8.0 INSPECTION AND ACCEPTANCE.

The Contractor shall notify the Government by phone 5 calendar days in advance of date of shipment. See delivery Point of Contact information in paragraph

9.0 DELIVERY.

Shipment shall be FOB Destination to:

US Army Corps of Engineers Fountain City Service Base 431 North Shore Drive Fountain City, WI 54629

Delivery Point of Contact:

Scott Uhl, Telephone: 651-290-5987 or Randall Eigenberger, Telephone: 651-290-5142

9.1 Receiving Hours. Delivery shall only be made during the hours of 7:00 AM to 3:30 PM, Monday-Friday, except on Government holidays.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government 1001 N/A N/A Destination Government 2001 N/A N/A Destination Government 3001 N/A N/A Destination Government 4001 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-AUG-2013 TO

31-JUL-2014

N/A ENGINEERING & CONSTRUCTION

DIVISION

THOMAS LYTLE

USACE - ST PAUL

180 5TH STREET E, SUITE 700

ST PAUL MN 55101-1638

651-290-5027

B6L1000

1001 POP 01-AUG-2014 TO

31-JUL-2015

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-AUG-2015 TO

31-JUL-2016

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-AUG-2016 TO

31-JUL-2017

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-AUG-2017 TO

31-JUL-2018

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012)

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

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that--

(1) The Offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the CCR database; and

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

(b)(1) 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, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) 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 exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(1) An offeror may obtain a DUNS number--

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

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

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

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

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

(d) 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.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

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

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Additional copies will be issued for a fee.

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

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

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

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

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

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

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

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

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

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

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the

Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

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

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

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

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

(4) A summary of the rationale for award;

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

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

(End of provision)

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

Evaluation of Offers

Offers shall be evaluated IAW FAR Part 13 – Simplified Acquisition Procedures. Offers 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 offer, 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 offer.

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 offer to be considered technically acceptable, the Government will make a determination of technical acceptability by evaluating the the contractor’s relevant experience, past performance, and proposed fabrication methods:

Offerors shall submit the following information with their quote:

(i) Relevant experience information:

Offerors shall submit documentation demonstrating the firms relevant experience in fabrication of valves similar in nature to those required under this contract.

Submittal Requirements:

a) Offerors shall submit experience References for (3) projects performed by the Offeror within the past three (3) calendar years.

b) If more than three experience references are submitted, only the three most recent projects will be considered.

c.) Submit documentation showing Offeror has supplied (as a prime or sub contractor) similar rubber check valves on at least ten projects within the past five years.

(ii) Past Performance

Offeror’s past performance is a measure of the degree to which an Offeror was successful on projects, as measured by the level of past customer satisfaction. It is also a measure of the degree to which an Offeror has complied with Federal, State, and local laws and regulations. Past performance information is one indicator of an Offeror’s ability to perform the contract successfully.

Submittal Requirements:

a) Offerors shall submit Past Performance References for (2) projects performed by the Offeror within the past three (3) calendar years.

(iii) Fabrication Methods

Offeror shall submit a narrative plan describing the methods used to fabricate the complete rubber check valve assembly, to include rubber check valve, pipe nipple, adjustable band clamp and adapter bushing (if applicable).

Offeror shall provide catalog cuts and a cutaway drawing or sketch showing the complete rubber check valve assembly. Provide relevant dimensions, label each component and indicate materials.

To be considered for evaluation, all Contractors may submit an electronic offer to the following email addresses no later than the stated due date and time in block 8 of the SF 1449. Submit an electronic offer to Jesse.l.onkka@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 offers via fax will not be accepted.

Late Offers

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

Late offers 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 Offers/Quotes/Proposals

Contractors may be asked to clarify certain aspects of their offer/quote/proposal. 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 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.

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

ALTERNATE I (APR 2011)

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

(a) Definitions. As used in this provision:

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

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

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

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

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

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

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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.

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 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 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.

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.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…

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