W912ES18B0002_Miter_Gate_IFB_and_SPECS.pdf

SOLICITATION NO. W912ES18B0002

MITER GATE REPLACEMENT

MISSISSIPPI RIVER

LOCKS AND DAMS 5A, 8, & 10

MINNESOTA, WISCONSIN, IOWA

FABRICATION

DOCUMENTS FOR

LD5A, LD8 & LD 10 MITER GATE REPLACEMENTS

JULY 2018

US Army Corps of Engineers St. Paul District

CODE

(Hour)

PAGE(S)

until 02:00 PM local time 28 Aug 2018

A X B

C D

EX

X G F 174 - 186

187 - 197 X H 198

Aragon.N.Liebzeit@usace.army.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912ES 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

180 5th Street East Suite 700 conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ARAGON N LIEBZEIT 651-290-5418

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 17

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

18 - 23 24 - 29

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 30 - 35 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

36 - 172

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

30 Jul 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912ES18B0002

Table of Contents

TABLE OF CONTENTS

SECTION A ‐ SOLICITATION/CONTRACT FORM

52.203‐19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES

BID SCHEDULE

SECTION E ‐ INSPECTION AND ACCEPTANCE

52.246‐2 INSPECTION OF SUPPLIES‐‐FIXED‐PRICE (AUG 1996)

52.246‐16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

252.246‐7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

252.246‐7006 WARRANTY TRACKING OF SERIALIZED ITEMS (MAR 2016)

SECTION F ‐ DELIVERIES OR PERFORMANCE

52.211‐8 TIME OF DELIVERY. (JUN 1997) ‐‐ ALTERNATE I (APR 1984)

52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247‐34 F.O.B. DESTINATION (NOV 1991)

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

SPECIAL CONTRACT REQUIREMENTS

SECURITY REQUIREMENTS

ENVIRONMENTAL SUSTAINABILITY REQUIREMENTS

EPA DESIGNATED (CPG)

SAFER CHOICE

BIO‐BASED

FEMP

WATERSENSE

SECTION I ‐ CONTRACT CLAUSES

52.210‐1

MARKET RESEARCH

APR 2011

52.202-1 DEFINITIONS (NOV 2013)

52.203‐3 GRATUITIES (APR 1984)

52.203‐5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203‐7 ANTI‐KICKBACK PROCEDURES. (MAY 2014)

52.203‐8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY

2014)

52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT AWARDS (OCT 2016)

52.204‐13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204‐21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.204‐22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

52.209‐9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) . 42 52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS. (NOV 2015)

52.211‐5 MATERIAL REQUIREMENTS (AUG 2000)

52.211‐18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.214‐26 AUDIT AND RECORDS‐‐SEALED BIDDING (OCT 2010)

52.214‐27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA ‐ MODIFICATIONS ‐ SEALED

BIDDING. (AUG 2011)

52.214‐28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA ‐ MODIFICATIONS ‐ SEALED BIDDING. (OCT

2010)

52.214‐29 ORDER OF PRECEDENCE‐‐SEALED BIDDING (JAN 1986)

52.217‐7 OPTION FOR INCREASED QUANTITY‐‐SEPARATELY PRICED LINE ITEM (MAR 1989)

52.219‐6 NOTICE OF TOTAL SMALL BUSINESS SET‐ASIDE (NOV 2011)

52.219‐8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219‐14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

52.219‐28 POST‐AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

52.222‐1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222‐3 CONVICT LABOR (JUN 2003)

52.222‐4 CONTRACT WORK HOURS AND SAFETY STANDARDS ‐ OVERTIME COMPENSATION. (MAY 2014)

52.222‐19 CHILD LABOR‐‐COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016)

52.222‐20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT EXCEEDING $15,000 (MAY 2014)

52.222‐21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222‐26 EQUAL OPPORTUNITY (SEPT 2016)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222‐36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222‐37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)

52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

52.222‐50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222‐54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223‐6 DRUG‐FREE WORKPLACE (MAY 2001)

52.223‐11 OZONE‐DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

52.223‐15 ENERGY EFFICIENCY IN ENERGY‐CONSUMING PRODUCTS (DEC 2007)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

(AUG 2011)

52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.227‐1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

52.227‐3 PATENT INDEMNITY (APR 1984)

52.228‐1 BID GUARANTEE (SEP 1996)

52.228‐2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228‐5 INSURANCE‐‐WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228‐11 PLEDGES OF ASSETS (JAN 2012)

52.228‐12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

52.228‐14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228‐16 PERFORMANCE AND PAYMENT BONDS‐‐OTHER THAN CONSTRUCTION (NOV 2006)

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232‐1 PAYMENTS (APR 1984)

52.232‐8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232‐9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232‐11 EXTRAS (APR 1984)

52.232‐16 PROGRESS PAYMENTS (APR 2012) ALTERNATE I (MAR 2000)

52.232‐17 INTEREST (MAY 2014)

52.232‐23 ASSIGNMENT OF CLAIMS (MAY 2‐14) ‐ ALTERNATE I (APR 1984)

52.232‐25 PROMPT PAYMENT (JAN 2017)

52.232‐33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (JULY 2013) ... 93

52.232‐39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

52.233‐1 DISPUTES. (MAY 2014) ‐‐ ALTERNATE I (DEC 1991)

52.233‐3 PROTEST AFTER AWARD (AUG. 1996)

52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242‐2 PRODUCTION PROGRESS REPORTS (APR 1991)

52.242‐13 BANKRUPTCY (JUL 1995)

52.243‐1 CHANGES‐‐FIXED‐PRICE (AUG 1987)

52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

52.246‐18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) ‐ ALTERNATE IV (APR 1984)

52.247‐68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006)

52.248‐1 VALUE ENGINEERING (OCT 2010)

52.249‐2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED‐PRICE) (APR 2012)

52.249‐8 DEFAULT (FIXED‐PRICE SUPPLY AND SERVICE) (APR 1984)

52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253‐1 COMPUTER GENERATED FORMS (JAN 1991)

252.201‐7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 252.203‐7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE‐CONTRACT‐RELATED

FELONIES (DEC 2008)

252.203‐7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.203‐7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)

252.204‐7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204‐7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

252.205‐7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)

252.211‐7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

252.223‐7004 DRUG‐FREE WORK FORCE (SEP 1988)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS--BASIC (SEP 2014)

252.223‐7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225‐7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM‐‐BASIC (DEC 2017)

252.225‐7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)

252.225‐7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

252.225‐7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225‐7048 EXPORT‐CONTROLLED ITEMS (JUNE 2013)

252.226‐7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN‐OWNED ECONOMIC ENTERPRISES, AND

NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

252.227‐7013 RIGHTS IN TECHNICAL DATA‐‐NONCOMMERCIAL ITEMS (FEB 2014)

252.227‐7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

252.227‐7030 TECHNICAL DATA‐‐WITHHOLDING OF PAYMENT (MAR 2000)

252.227‐7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA. (SEP 2016)

252.232‐7004 DOD PROGRESS PAYMENT RATES (OCT 2014)

252.232‐7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243‐7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.247‐7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

SECTION J ‐ LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

LIST OF ATTACHMENTS

SECTION K ‐ REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

52.204‐19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.207‐4 ECONOMIC PURCHASE QUANTITY‐‐SUPPLIES (AUG 1987)

52.209‐7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

52.209‐13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS‐‐CERTIFICATION (JUN 2018)

52.214‐16 MINIMUM BID ACCEPTANCE PERIOD (APR 1984)

52.225‐18 PLACE OF MANUFACTURE (MAR 2015)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

252.204‐7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2015)

252.204‐7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016) 167 252.227‐7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS. (JAN 2011)

SECTION L ‐ INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

INSTRUCTIONS TO BIDDERS

52.204‐7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204‐18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.214‐3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)

52.214‐4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214‐5 SUBMISSION OF BIDS (DEC 2016)

52.214‐6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

52.214‐7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)

52.214‐10 CONTRACT AWARD‐‐SEALED BIDDING (JUL 1990)

52.214‐12 PREPARATION OF BIDS (APR 1984)

52.214‐34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.214‐35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)

52.216‐1 TYPE OF CONTRACT (APR 1984)

52.222‐24 PREAWARD ON‐SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

52.225‐25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN‐‐

REPRESENTATION AND CERTIFICATIONS. (OCT 2015)

52.232‐13 NOTICE OF PROGRESS PAYMENTS (APR 1984)

52.233‐2 SERVICE OF PROTEST (SEP 2006)

252.217‐7026 IDENTIFICATION OF SOURCES OF SUPPLY. (NOV 1995)

SECTION M ‐ EVALUATION FACTORS FOR AWARD

52.217‐5 EVALUATION OF OPTIONS (JUL 1990)

Section A ‐ Solicitation/Contract Form

52.203‐19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

Bid Item Description Quantity

Unit of

Measure Unit Price Sub Total

0001 Bonds (Performance and Payment) 1 job

0002 Lock 8 Upstream Miter Gate Assembly (27' High) 1 each

0003 Lock 8 Downstream Miter Gate Assembly (30' High) 1 each

0004 Lock 8 Greaseless Pintle Bearing, Bushing, & Base 4 each

0005 Delivery of Lock 8 Miter Gate Assemblies 2 each

0006 Barge Demurrage for Lock 8 Miter Gates

0006AA First Month 1 month

0006AB Each Additional Month 4 months

0007 Lock 5A Upstream Miter Gate Assembly (27' High) 1 each

0008 Lock 5A Downstream Miter Gate Assembly (27' High) 1 each

0009 Lock 5A Greaseless Pintle Bearing, Bushing, & Base 4 each

0010 Delivery of Lock 5A Miter Gate Assemblies 2 each

0011 Barge Demurrage for Lock 5A Miter Gates

0011AA First Month 1 month

0011AB Each Additional Month 4 months

Total Base Bid___________________________

Base Bid Items

Bid Schedule

Section B - Supplies or Services and Prices

Bid Schedule

0012 Lock 10 Upstream Miter Gate Assembly (25' High) 1 each

0013 Lock 10 Downstream Miter Gate Assembly (30' High) 1 each

0014 Lock 10 Greaseless Pintle Bearing, Bushing, & Base 4 each

0015 Delivery of Lock 10 Miter Gate Assemblies 2 each

0016 Barge Demurrage for Lock 10 Miter Gates

0016AA First Month 1 month

0016AB Each Additional Month 4 months

0017 Spare Greaseless Pintle Bearing, Bushing, & Base

0017AA First Eight 8 each

0017AB Over Eight 16 each

0018 Spare Greaseless Pintle Bearing Wear Pucks 2 set

0019 Spare Anchor Bars

0019AA First Two 2 each

0019AB Over Two 6 each

0020 Spare Gudgeon Pins 8 each

0021 Spare Strut Arm Pins & Bushings 8 set

0022 Spare Strut Arm Bonnets 2 each

0023 Spare Strut Arms 2 each

0024 Spare Gudgeon Hood Assembly 2 each

0025 Long Term Storage for Lock 8 Miter Gates 6 Months

0026 Long Term Storage for Lock 5A Miter Gates 6 Months

0027 Long Term Storage for Lock 10 Miter Gates 6 Months

0028 Lock 8 Disposal of Existing Upstream Miter Gate Assembly (27' High) 1 each

0029 Lock 8 Disposal of Existing Downstream Miter Gate Assembly (30' High) 1 each

0030 Lock 5A Disposal of Existing Upstream Miter Gate Assembly (27' High) 1 each

0031 Lock 5A Disposal of Existing Downstream Miter Gate Assembly (27' High) 1 each

0032 Lock 10 Disposal of Existing Upstream Miter Gate Leaf Assembly (25' High) 1 each

0033 Lock 10 Disposal of Existing Downstream Miter Gate Leaf Assembly (30' High) 1 each

Total Options Only________________________

Total (base and all options)_________________

Option Bid Items

Section E ‐ Inspection and Acceptance

52.246‐2 INSPECTION OF SUPPLIES‐‐FIXED‐PRICE (AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test.

(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place,promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time (i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and (ii) when the supplies will be ready for Government inspection.

(2) The Government's request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer;

provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor's plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

52.246‐16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon--

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

252.246‐7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

(a) At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.

(b) Contractor submission of the material inspection and receiving information required by Appendix F of the Defense FAR Supplement by using the Wide Area WorkFlow (WAWF) electronic form (see paragraph (b) of the clause at 252.232-7003) fulfills the requirement for a material inspection and receiving report (DD Form 250). Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF report) shall be distributed with the shipment, in accordance with Appendix F, Part 4, F-401, Table 1, of the Defense FAR Supplement.

252.246‐7006 Warranty Tracking of Serialized Items (MAR 2016)

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

Duration means the warranty period. This period may be a stated period of time, amount of usage, or the occurrence of a specified event, after formal acceptance of delivery, for the Government to assert a contractual right for the correction of defects.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for granting the warranty and/or assigning unique item identifiers to serialized warranty items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

First use means the initial or first-time use of a product by the Government.

Fixed expiration means the date the warranty expires and the Contractor's obligation to provide for a remedy or corrective action ends.

Installation means the date a unit is inserted into a higher level assembly in order to make that assembly operational.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for International Standards Organization/International Electrotechnical Commission 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Item type means a coded representation of the description of the item being warranted, consisting of the codes C--component procured separate from end item, S--subassembly procured separate from end item or subassembly, E--embedded in component, subassembly or end item parent, and P--parent end item.

Starting event means the event or action that initiates the warranty, such as first use or upon installation.

Serialized item means each item produced is assigned a serial number that is unique among all the collective tangible items produced by the enterprise, or each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment within the enterprise identifier. The enterprise is responsible for ensuring unique serialization within the enterprise identifier or within the part, lot, or batch numbers, and that serial numbers, once assigned, are never used again.

Unique item identifier means a set of data elements marked on an item that is globally unique and unambiguous.

Usage means the quantity and an associated unit of measure that specifies the amount of a characteristic subject to the contractor's obligation to provide for remedy or corrective action, such as a number of miles, hours, or cycles.

Warranty administrator means the organization specified by the guarantor for managing the warranty.

Warranty guarantor means the enterprise that provides the warranty under the terms and conditions of a contract.

Warranty repair source means the organization specified by a warranty guarantor for receiving and managing warranty items that are returned by a customer.

Warranty tracking means the ability to trace a warranted item from delivery through completion of the effectivity of the warranty.

(b) Reporting of data for warranty tracking and administration.

(1) The Contractor shall provide the information required by the attachment entitled “Warranty Tracking Information” on each contract line item number, subline item number, or exhibit line item number for warranted items no later than the time of award. Information required in the warranty attachment shall include such information as duration, fixed expiration, item type, starting event, usage, warranty administrator enterprise identifier, and warranty guarantor enterprise identifier.

(2) The Contractor shall provide the following information no later than when the warranted items are presented for receipt and/or acceptance--

(i) The unique item identifier for each warranted item required by the attachment entitled “Warranty Tracking Information;”' and

(ii) The warranty repair source information and instructions for each warranted item required by the attachment entitled “Source of Repair Instructions.”

(3) The Contractor shall submit the data for warranty tracking to the Contracting Officer with a copy to the requiring activity and the Contracting Officer Representative.

(4) For additional information on warranty attachments, see the “Warranty and Source of Repair” training and “Warranty and Source of Repair Tracking User Guide” accessible on the Product Data Reporting and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.

(c) Reservation of rights. The terms of this clause shall not be construed to limit the Government's rights or remedies under any other contract clause.

Section F ‐ Deliveries or Performance

52.211‐8 TIME OF DELIVERY. (JUN 1997) ‐‐ ALTERNATE I (APR 1984)

(a) The Government requires delivery to be made according to the following schedule:

Base Bid Contract Line Item Numbers (CLIN’s):

CLIN 0001: 10 days after contract award.

CLIN’s 0002-0005: May 28, 2021 CLIN 0006AA: *May 29, 2021- June 28, 2021 CLIN 0006 AB: *June 29, 2021-October 29, 2021 CLIN’s 0007-0010: May 27, 2022 CLIN 0011AA: *May 28, 2022-June 27, 2022 CLIN 0011AB: *June 28, 2022-October 28, 2022 CLIN’s 0012-0015 May 26, 2023 CLIN 0016AA: *May 27, 2023-June 26, 2023 CLIN 0016AB: *June 27, 2023-October 27, 2023 CLIN’s 0017-0024: On or before May 28, 2021 CLIN’s 0025-0027: ** CLIN’s 0028-0029: August 31, 2021 CLIN’s 0030-0031: August 31, 2022 CLIN’s 0032-0033: August 31, 2023

* Period of performance will be adjusted accordingly if long term storage option is excercised.

** If exercised, delivery date will be extended accordingly.

No early deliveries of the gate assemblies will be accepted.

All Gates shall be delivered between April 15th and October 15th. The Government will not accept gate deliveries between October 16th and April 14th. If the required delivery date(s) fall within this non-acceptance period, that required delivery date shall be extended to May 15th of the following year.

The delivery dates or specific periods above are based on the assumption that the Government will make award by September 30, 2018. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

52.242‐17 GOVERNMENT DELAY OF WORK (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

52.247‐34 F.O.B. DESTINATION (NOV 1991)

(a) The term "f.o.b. destination," as used in this clause, means--

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

Section H ‐ Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

Definitions “Administrative Contracting Officer (ACO)” means a USACE individual warranted by a PARC and delegated authority, in writing, by a PCO with limited authorities to administer construction contracts, task orders, and/or modifications.

"Chief of the Contracting Office" means the District Contracting Chief (DCC) or a Center Contracting Chief (CCC).

This individual serves as the DOC at the District or Center (not to be confused with HQ DOC).

“Contracting Officer (KO)” within the UAI is the same as Procuring Contracting Officer (PCO).

“Directorate of Contracting (DOC)” is the USACE HQ Directorate of Contracting, led by the Director of Contracting, who is responsible for the oversight and management of all contract activities initiated and administered in support of the USACE mission.

“Head of the Contracting Activity (HCA)” is the Chief of Engineers, the USACE Commanding General.

“Interim Policy Directive (IPD)” means an interim change to this instruction, published by the DOC as an IPD, and effective until formal incorporation into the UAI (at least semi-annually), rescission, cancellation or expiration.

“Policy Memorandum” means an HQ DOC memorandum written to be an enduring document related to policy concerns that are necessary to specifically address as a result of an audit. These memorandums are enduring until specifically rescinded or cancelled.

“Procurement Instruction Letter (PIL)” means acquisition companion operating procedure resource issued by the USACE HQ DOC that will direct compliance with mandatory or non-mandatory internal USACE acquisition processes. Non-mandatory procedures are used at the discretion of the PCO.

“Principal Assistant Responsible for Contracting (PARC)” means the USACE Command PARC, the Deputy Director of Contracting (DDOC), and USACE RPARCs, RPARC-Atlanta, RPARC-Dallas, and RPARC- Winchester.

All or None Qualifications

A vendor must provide a price on all items in this solicitation to be eligible for award. The Government will award on an “All or None” basis. Evaluation of bids/offers will be based upon only the total price included on the pricing schedule for all items. If options are included in the pricing schedule the evaluation will be conducted in accordance with the applicable option clause in the solicitation.

Partnering

The Government proposes to form a partnering relationship with the contractor. This partnering relationship will strive to facilitate communication and draw on the strengths of each organization in an effort to achieve a quality project, within budget, and on schedule. Participation will be totally voluntary. Partnering will not alter or supersede any provision of this contract nor will it provide either party with any additional contractual rights or obligations. Participation in partnering will not affect award of this contract. Any cost associated with this partnering will be agreed to by both parties and will be shared equally, with no change in contract price.

Insurance As referenced in Contract Clause: INSURANCE--WORK ON A GOVERNMENT INSTALLATION, the following types and amounts of insurance are required under this contract.

Type Amount

Worker's Compensation and Employer's Liability Insurance:

Coverage A Compliance with State of Minnesota, Wisconsin and Iowa Worker's Compensation Worker's Compensation Law

Coverage B $ 100,000 Employer's Liability

General Liability Insurance:

Bodily Injury $1,000,000 per occurrence

Property Damage Not Required

Automobile Liability Insurance (Comprehensive Policy Form):

Bodily Injury $ 500,000 per person and

$1,000,000 per occurrence

Property Damage $ 100,000 per occurrence

Safety This paragraph applies to contracts and purchase orders that require the contractor to comply with EM 385-1-1 (e.g., contracts that include the Accident Prevention clause at FAR 52.236-13 and/or other safety provisions). EM 385-1- 1 and its changes are available at http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

Purchase Orders Two legible copies of each purchase order issued by the Contractor or the Contractor's subcontractors for materials and equipment to be incorporated into the project, shall be furnished the Contracting Officer as soon as issued. Each purchase order shall adhere to all of the following:

1. Be clearly identified with applicable Department of Army contract number.

2. Carry an identifying number.

3. Be in sufficient detail to identify the material being purchased.

4. Indicate a definite delivery date.

At the option of the Contractor, the copies of the purchase orders may or may not indicate the price of the articles purchased.

Floating Plant Equipment When mechanized equipment is operated on floating plant, the contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on and off-road), backhoes, track hoes, and similar equipment. If the Contractor plans to use such equipment on floating plant, an activity hazard analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the water. Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impracticable. The activity hazard analysis must thoroughly address the procedure and be submitted to the Corps of engineers for review and acceptance prior to start of this feature of work.

Obstruction of Channel The Government will not undertake to keep the channel free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the Provisions of Section 7 of the River and Harbor Act approved August 8, 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible. The Contractor shall consult with the appropriate Coast Guard office to determine whether a Notice to Mariners will need to be issued for construction-related activities that might interfere with navigation or be interfered with by such navigation. (Point of Contact: Sector Upper Mississippi River, St. Louis, Missouri, 24 hour #314-269-2332). If the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon the completion of the work the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the contract whether in navigable waters or on shore.

Signal Lights

The Contractor shall display signal lights and conduct his operations in accordance with the General Regulation of the Department of the Army and the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels or floating plant working in navigable channels, as set forth in Commandant U.S.

Coast Guard instruction M16672.2B, navigation rules: International-Inland (COMDTINST) M16672.2B, or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR (Inland) as applicable.

Radio The Contractor shall maintain a staff that is knowledgeable about radio communications to advise oncoming navigation of appropriate passing directions while the Contractor's floating plant is in the navigation channel. In particular, the Contractor shall monitor Marine Band Channel 13 for commercial navigation and Channel 16 for emergency communication.

Laboratory and Testing Facilities The Contractor shall provide and maintain all measuring and testing devices, laboratory equipment, instruments, transportation, and supplies necessary to accomplish the required testing. All measuring and testing devices shall be calibrated at established intervals against certified standards. The Contractor's measuring and testing equipment shall be made available for use by the Government for verification of their accuracy and condition as well as for any inspection or test desired pursuant to CONTRACT CLAUSE: INSPECTION OF CONSTRUCTION. The location of the laboratory shall be convenient to the site such that test results are available prior to proceeding with the next sequential phase of the work.

Basis for Settlement of Proposals “Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principles will be applied to determine allowable equipment costs:

1. Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs.

2. If equipment costs have been allocated to a contract using predetermined rates, those charges will be adjusted to actual costs.

3. Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses.

4. Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11).

5. License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate.”

Apparent Clerical Mistakes For the purpose of initial evaluation…