16-T-0020.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES-16-T-0020 31-Dec-2015

b. TELEPHONE NUMBER

651-290-5444

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 15 Jan 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

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

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6751426631

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

212312

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF73

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES-16-T-0020

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1,270 Net Ton

(2,000 LB)

R45 Riprap, Lock and Dam 5A

FFP

FOB: Destination

MILSTRIP: W81G6751426631

PURCHASE REQUEST NUMBER: W81G6751426631

NET AMT

0002 790 Net Ton

R80 Riprap, Lock and Dam 7

FOB: Destination

0003 1,490 Net Ton

R45 Riprap, Lock and Dam 7

0004 10,060 Net Ton

R45 Riprap, Lock and Dam 8

0005 4,860 Net Ton

R45 Riprap, Lock and Dam 9

0006 6,370 Net Ton

R45 Riprap, Lock and Dam 9

The rock delivered under this CLIN is to be delivered to the Lock and Dam 9 Spillway Placement Site near Harpers Ferry IA.

SCOPE OF WORK

LOCKS AND DAMS ROCK SUPPLY CONTRACT

SUPPLIES OR SERVICES AND PRICES/COSTS

Description/Specification/Work Statement

(Technical Section)

TABLE OF CONTENTS

PARAGRAPH DESCRIPTION

PART 1 GENERAL

1.1 SCOPE

1.2 RELATED WORK OF OTHER SECTIONS (Not Applicable)

1.3 APPLICABLE PUBLICATIONS

1.4 SUBMITTALS

1.5 MEASUREMENT AND PAYMENT

PART 2 PRODUCTS

2.1 MATERIALS

2.2 SOURCES AND EVALUATION

2.3 TESTS FOR ACCEPTABILITY

2.4 RIPRAP GRADATION TESTING

2.5 CORRECTIVE ACTION

PART 3 EXECUTION

3.1 SCHEDULE

3.2 COORDINATION

3.3 DELIVERY AND BARGE LOADING

3.4 QUALITY CONTROL

3.5 SAFETY

LOCKS AND DAMS ROCK SUPPLY CONTRACT

SCOPE OF WORK

1. GENERAL.

1.1 SCOPE. This project involves the work necessary to supply and deliver riprap to several lock and dam sites along the Mississippi River.

1.2 RELATED WORK OF OTHER SECTIONS (Not Applicable).

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

U.S. Army Corps of Engineers, Engineers Manual (EM).

EM 385-1-1 Safety and Health Requirements Manual, (30 November 2014).

1.4 SUBMITTALS.

1.4.1 General. The Contractor shall submit the following as required.

Approval of submittals will not relieve the Contractor of responsibility to furnish materials as required. In order to make the submittal process as efficient as possible, the Contracting Officer's Representative may give verbal response to a submittal followed by the written response at a later date. In this case, the submittal response date will be the date that the verbal response is given.

a. Material Source as specified in PARAGRAPH: SOURCES AND EVALUATION.

b. Method of Processing Riprap as specified in PARAGRAPH:

Riprap Processing.

c. Gradation Test Results as specified in PARAGRAPH: RIPRAP

GRADATION TESTING.

d. Weighing Operations as specified in PARAGRAPH: Measurement.

e. Delivery Tickets as specified in PARAGRAPH: Measurement.

1.4.2 Submission of Submittals. Submittals shall be submitted in ample time to secure approval prior to the time the items covered are to be delivered to the site. ENG Form 4025 shall be used for the transmittal of submittals. One electronic copy of all submittals must be provided.

1.4.3 Submittal Control. Within 7 calendar days after the contract award date, the Contractor shall submit to the Contracting Officer for review and approval, a submittal control document (ENG Form 4288) in electronic format listing and scheduling all items required to be furnished for review by the Government. A sample submittal register listing items for this contract is included in Attachment 3. Primary responsibility for submittals shall rest with the Contractor. Omissions from the attached sample submittal register shall not relieve the Contractor from providing all required submittals. In addition to those items listed in the sample, the Contractor shall furnish submittals for all deviations from the specifications.

1.5 MEASUREMENT AND PAYMENT.

1.5.1 Measurement. Riprap shall be weighed on accurate, approved scales furnished or made available by the Contractor. Before being approved for use, the scales shall have been tested by the Department of Weights and Measures or by a reliable scale servicing company so as to operate within a degree of error not greater than 1 percent and to be sensitive to a change in load of 1/5 of 1 percent, both percentages being based on the total required weight of material normally weighed as a unit on the scale.

Scales shall be spot checked for accuracy and sensitivity as often as directed by the Contracting Officer during stone delivery. When materials are weighed in hauling vehicles, gross weights shall be checked and the vehicle tare weight determined as often as the Contracting Officer directs. The Contractor shall furnish such weights, accessories, and assistance as the Contracting Officer may require for conducting weighing equipment tests.

1.5.1.1 Weighing operations shall be performed, as approved, in the presence of a representative of the Contracting Officer, unless waived. Each load shall be accompanied by duplicate copies of delivery tickets certified by the weighmaster. As a minimum, each ticket shall contain the following information:

(1) Date and time.

(2) Vehicle Number.

(3) Gross Weight.

(4) Vehicle tare weight.

(5) Net weight of riprap.

(6) Material weighed (description of load contents).

(7) Signature of weighmaster.

Delivery tickets shall be collected by the Contractor, and one copy thereof shall be furnished to the Contracting Officer at the close of each day's operations.

1.5.1.1.1 A plan indicating the location and proposed schedule of weighing operations shall be submitted for approval in accordance with

PARAGRAPH: SUBMITTALS.

1.5.2. Payment. Riprap material shall be measured and paid for by the net ton (2,000 pound avoirdupois) of acceptable material delivered as specified to the designated delivery sites.

2. PRODUCTS.

2.1 MATERIALS.

2.1.1 Riprap material shall be durable quarried stone of suitable quality to ensure permanence in the Upper Mississippi River environment. Stone shall be of a suitable quality to ensure permanence in the structure and in the climate in which it is to be used. It shall be free from cracks, blast fractures, bedding, seams and other defects that would tend to increase its deterioration from natural causes. A crack is considered to be detrimental if it is more than four (4) mil wide and is continuous for one-third the dimension of at least two sides of the stone.

2.1.2 Specific gravity. All stone shall have a specific gravity of not less than 2.55 and not more than 2.75.

2.1.3 Riprap Shape. Neither the breadth nor thickness of any individual stone shall be less than one-third its length.

2.1.4 Riprap Gradations. Riprap shall be reasonably well graded within the specified limits shown on the riprap gradation curves contained in Attachment 4 to permit construction of relatively dense riprap sections. Inclusion of objectionable quantities of dirt, sand, clay, rock fines or other deleterious materials will not be allowed.

2.1.5 Riprap Processing. On the same date the Contractor provides the submittal for material sources, it shall also submit for approval the method of processing riprap at each quarry that will preclude the inclusion of objectionable amounts of fine material or organic matter. All riprap shall be processed in accordance with the method approved. Quarry-run riprap will not be accepted. All rock designated for use as riprap shall be processed over a vibratory grizzly or by an approved alternate method to insure the exclusion of poor quality rock.

2.2 SOURCES AND EVALUATION.

2.2.1 Approved material Sources are provided in Attachment 2. Rock materials may be produced from the sources listed in Attachment 2 for any of the identified sites requiring rock. The Contractor may elect to furnish rock from another source(s) not listed in Attachment 2 provided the source is approved by the Contracting Officer and meets the conditions hereinafter stated. If the Contractor proposes to furnish materials from a source not listed, the Government Geologist will make such investigations and evaluations as necessary to determine whether or not materials meeting the requirements of this contract can be produced from the proposed source.

The Contractor shall be responsible for making its own investigations for sources of suitable materials and for making its own arrangements with the owners of the quarries or land for procuring the required quantities of suitable materials.

2.2.1.1 Within 7 days after contract award, the Contractor shall designate and submit for approval only one source or one combination of sources from which it proposes to furnish the materials for each site or for multiple sites. If the Contractor proposes to furnish materials from sources not listed in Attachment 2, they may designate a single or combination of sources for each site or combination sites. The contractor will only be allowed to submit one alternate source proposal. Samples for acceptance testing shall be provided as required by the PARAGRAPH: TESTS FOR ACCEPTABILITY. If a source for materials so designated by the Contractor is not approved for use by the Contracting Officer, the Contractor may not submit for approval other sources but shall furnish the materials from approved sources selected from the list in Attachment 2, at no additional cost to the Government.

2.2.1.2 Approval of a source of materials is not to be construed as approval of all material from that source. The right is reserved by the Government to reject materials from certain localized areas, zones, strata, or channels when such materials are unsuitable as determined by the Government Geologist. Materials produced from an approved source shall meet all of the requirements of this specification.

2.2.2. No riprap material shall be obtained from any river facing bluffs that are visible from the Mississippi River.

2.3 TESTS FOR ACCEPTABILITY OF ALTERNATIVE SOURCE MATERIAL.

2.3.1 Quality tests and service records will be used to determine the acceptability of stone materials. In the event suitable test reports and satisfactory service records are not available, as in the case of newly operated sources, the materials will be tested to determine acceptability.

Tests to which the materials may be subjected to include petrographic analysis, specific gravity, soundness, abrasion, absorption, freezing and thawing, and other tests considered necessary to demonstrate acceptability.

Tests will be made by, or under the supervision of, the Government and at the Government's expense.

2.3.2 Samples. When directed by the Contracting Officer, suitable samples of materials shall be submitted for approval prior to delivery of materials to the work site. Samples shall be obtained by the Contractor, in the presence of the Contracting Officer or its designated representative, and delivered at the Contractor's expense to a point designated by the Contracting Officer, at least 7 days in advance of the date that the material is required to be delivered.

2.4 RIPRAP GRADATION TESTING.

2.4.1 General Requirements. Gradation tests shall be performed by the methods and at the frequency listed below. Testing listed herein shall be completed by and at the expense of the Contractor. Gradation testing results shall be submitted utilizing the gradation plots for the required riprap gradations and the WORKSHEET FOR GRADATION ANALYSIS OF RIPRAP (gradation plots and blank copies of the worksheets are included in the attachments section). The Contracting Officer shall direct the time and location of sampling, unless waived. The Contracting Officer shall be informed 24 hours before each test is performed. The results of all tests, including failing tests shall be submitted on the appropriate gradation plots and worksheets. The Contracting Officer shall be informed immediately of test results and draft copies of test results shall be submitted at the Contracting Officer’s request. Tests performed on material that does not meet gradation and shape requirements will not be counted as part of the tests required.

2.4.2 Test Method A. Test method A shall consist of weighing all stones larger than 5 pounds in a sample. Five to seven weight classes shall be selected within the range of stone sizes. Each stone shall be weighed and recorded on the worksheet for method A. The weight of stones shall be summed for each weight class; after which calculations and a plot of the gradation shall be completed in accordance with accepted practice for soil and aggregate gradations.

2.4.3 Test Method B. Test method B shall consist of separating the stones into 5 to 7 piles, ordered by size. The sample shall be separated on a clean, hard surface that is free of smaller stones that could become mixed with the sample. The stones shall be visually screened to place them into appropriate piles. All stones shall be separated and placed into a pile before weighing. After separating, the smallest and largest rock in each pile shall be weighed and recorded. The stones shall be adjusted as necessary so that the weight classes do not overlap. After adjustment is adequate and weight classes have been established, each pile of stone shall be weighed and recorded on the worksheet for method B. Calculations and a plot of the gradation shall be completed in accordance with accepted practice for soil and aggregate gradations.

2.4.4 Scales. Accuracy of scales shall as required in paragraph:

Measurement.

2.4.5 Testing. A sample shall be obtained from each approved material source or combination of sources for each gradation required and tested in accordance with either method A or B. A satisfactory test shall be obtained from each source or combination of sources for each gradation prior to hauling any riprap from that quarry. All samples shall have a minimum gross weight of 3,000 pounds.

2.4.6 Testing Frequency. Gradation tests will be required at a frequency of 1 per 5,000 tons of each gradation of material from a specific source that is brought on each site, with a minimum of one test per site per gradation. Tests that do not meet gradation requirements will not be counted.

2.5 Corrective Action. If materials from an approved source fail to meet gradation or shape requirements, the Contractor shall adjust its operations and verify with necessary tests that acceptable materials are being produced, or it shall propose another source and verify, with necessary tests, that acceptable material can be produced from that source.

3. EXECUTION.

3.1 SCHEDULE. The Contracting Officer will notify the Contractor 15 days in advance of when delivery is to commence at a particular site. The Contractor shall provide the riprap gradation submittals for approval no later than 7 days prior to delivery of material to that site. It is anticipated that commencement of delivery will occur between the dates of February 15, 2016 through December 14 2016. Delivery shall commence no later than 15 calendar days following notification from the Contracting Officer and shall continue on consecutive work days until completed, unless directed otherwise by the Contracting Officer. The delivery period at the site shall be within the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, unless directed otherwise by the Contracting Officer.

No delivery shall be made on weekends or Federal holidays.

The time period between when delivery to one site has been completed and delivery to the next site is initiated is dependent on the Government’s placement schedule and is anticipated to range between a few days to several weeks.

3.2 COORDINATION. The Contractor shall not block access to the loading docks or access routes at the on-land delivery sites for extended periods of time and shall coordinate loading access routes and dock use with the following:

Acting Chief Maintenance & Repair:

Ms. Kristen Moe Fountain City, WI Phone number: 651-290-5146

3.3 DELIVERY AND BARGE LOADING. Delivery of riprap by the Contractor shall include placing material directly from trucks into a stockpile area on site and / or loading directly from trucks onto U.S. Government-owned barges.

Each barge on which material is loaded will have a capacity of 200 tons, a 20 foot by 85 foot holding area with 2.5 foot side heights, and ramps that can be used to drive trucks onto the barges. The barges and access ramps will be maneuvered by Government employees. The Contractor shall provide all other equipment and personnel needed to place the stone into stockpiles on site or onto the barges, except that no secondary loading/movement of riprap will be required after the riprap has been dumped from the trucks. A representative of the Contracting Officer will direct the Contractor where to unload materials.

3.3.1 Loading Riprap. Trucks used by the Contractor for loading riprap onto barges or stockpiles shall be tandem dump trucks with a minimum 18 ton capacity; use of end-dump trailers or belly-dump trailers will not be allowed.

3.3.2 Delivery Rate. The riprap material delivery rate for each site will vary between 100 tons per day to 800 tons per day, as requested by the representative of the Contracting Officer. The Contractor shall be required to increase or decrease the delivery rate within the above stated delivery range on a daily basis until the required quantity of material for the site is met.

3.4 QUALITY CONTROL. The Contractor shall establish and maintain quality control and shall maintain records of the quality control for work under this section to ensure compliance with contract requirements. A copy of inspections and tests, as well as corrective actions taken, shall be furnished to the Government.

3.5 SAFETY. The Contractor shall comply with all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual EM 385-1-1.

ATTACHMENTS

Attachment 1 - General Map of Delivery Site Locations

Lock and Dam 5A

Lock and Dam 7 Lock and Dam 8 Lock and

Dam 9

Lock and Dam 9 Spillway

Attachment 2 - Material Sources

Attachment 3 - Submittal Register (ENG Form 4288)

Attachment 4 - Gradation Forms:

Riprap Gradation Curves

Riprap Gradation Analysis Worksheet

Attachment 5 - ENG Form 4025, Submittal Transmittal Form

Attachment 6 - ENG Form 4288, Blank Submittal Register

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,000.00 $600,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

790.00 10,060.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

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 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 15-FEB-2016 TO

24-DEC-2016

N/A LOCK & DAM #5A

LOCKMASTER

USACE - LOCK & DAM 5A

W679 STATE HWY 35

FOUNTAIN CITY WI 54629-7214

B6R0LC3

0002 POP 15-FEB-2016 TO

24-DEC-2016

N/A LOCK & DAM #7

LOCKMASTER

USACE - LOCK & DAM 7

33018 HIGHWAY 61

LACRESCENT MN 55947

W912ES

0003 POP 15-FEB-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

W912ES

0004 POP 15-FEB-2016 TO

N/A LOCK & DAM #8

LOCKMASTER

USACE - LOCK & DAM 8

BOX 10

GENOA WI 54632-0265

B6R0LL2

0005 POP 15-FEB-2016 TO

N/A LOCK & DAM #9

LOCKMASTER

USACE-ST PAUL DIST

24545 STATE HWY 35

EASTMAN WI 54626-9723

B6R0LL3

0006 POP 15-FEB-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

B6R0LL3

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

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 System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

Registered in the System for Award Management SAM database means that--

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM 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 SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(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 SAM 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)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity;

or

(2) An identifier assigned by a member of the North Atlantic treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)

(a) Definition. As used in this clause--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp (e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(End of Clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(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 (https://assist.dla.mil/online/start/).

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

(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 (https://assist.dla.mil/wizard/index.cfm);

(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 System for Award Management (SAM) 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 SAM 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) System for Award Management. 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 SAM 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 SAM 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 SAM database accessed through https://www.acquisition.gov.

(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.

52.212-2 EVALUATION--COMMERCIAL ITEMS

Evaluation of Offers

A vendor may provide a price on some or all items in this solicitation to be eligible for award. The Government will award individual CLINs based on whichever vendor provides the best value to the Government.

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