W912ES18T0074_LD7_Rock_IDIQ.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES18T0074 25-Jun-2018

b. TELEPHONE NUMBER

651-290-5444

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 06 Jul 2018

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

W81G6781238159

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

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 W912ES 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

LOCK & DAM #7

LOCKMASTER

USACE - LOCK & DAM 7

33018 HIGHWAY 61

LACRESCENT MN 55947

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212312

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF78

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.

W912ES18T0074

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

TABLE OF CONTENTS

PARAGRAPH DESCRIPTION

PART 1 GENERAL

1.1 SCOPE

1.2 APPLICABLE PUBLICATIONS

1.3 SUBMITTALS

1.4 MEASUREMENT AND PAYMENT

1.5 LIST OF ATTACHMENTS

PART 2 PRODUCTS

2.1 MATERIALS

2.2 SOURCES AND EVALUATION

2.3 TESTS FOR ACCEPTABILITY OF ALTERNATIVE SOURCE MATERIAL

2.4 RIPRAP GRADATION TESTING

PART 3 EXECUTION

3.1 SCHEDULE

3.2 COORDINATION

3.3 DELIVERY LOCATION

3.4 DELIVERY AND BARGE LOADING

3.5 QUALITY CONTROL

3.6 SAFETY

1. GENERAL.

1.1 SCOPE. The Contractor shall provide all plant labor and material necessary to furnish and deliver riprap to Lock and Dam 7 located on the right bank (when looking downstream) of the Upper Mississippi River approximately 3 miles upstream of La Crescent, Minnesota.

1.2 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, Engineer Manual (EM).

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

1.3 SUBMITTALS

1.3.1 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 may give verbal responses 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 was given.

a. Submittal Control Document (ENG Form 4288-R) as specified in PARAGRPAH 1.3.3

b. Material Source as specified in PARAGRAPH: 2.2 Sources and Evaluation

c. Method of Processing Riprap as specified in PARAGRAPH: 2.1.5 Riprap Gradation Processing

d. Gradation Test Results as specified in PARAGRAPH: 2.4 Riprap Gradation Testing

e. Plan Indicating location and schedule of Weighing Operations as specified in PARAGRAPH:

1.4.1.1.1 Measurement

f. Delivery Tickets as specified in PARAGRAPH: 1.4.1.1 Weighing Operations

g. Scale Accuracy Certification as specified in PARAGRAPH: 1.4.1 Measurement

h. Daily Delivery Report as specified in PARAGRAPH: 1.4.1.1 Weighing Operations

1.3.2 Submission of Submittals. Submittals shall be submitted to the Contracting Officer in ample time to secure approval prior to the time the items covered are to be delivered to the site. ENG Form 4025 (Attachment 5) shall be used for the transmittal of submittals. One electronic copy of all submittals shall be provided. Hard copies of submittals are generally not required unless specifically noted. The Government shall be provided at least ten working days to review a submittal unless specified otherwise.

1.3.3 Submittal Control. Within 7 calendar days after contract award date, the Contractor shall submit to the Contracting Officer for review and approval, a submittal control document (ENG Form 4288-R) in electronic format listing and scheduling all items required to be furnished for review by the Government. A blank submittal register is included in Attachment 3. Primary responsibility for submittals shall rest with the Contractor. The Contractor shall furnish submittals for all deviations from the specifications.

1.4 MEASUREMENT AND PAYMENT.

1.4.1 Measurement. Riprap shall be weighed on an accurate, approved scale furnished or made available by the Contractor. Before being approved for use, the scale shall have been tested by the applicable State’s 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. The Contractor shall submit the certification document from the appropriate state’s Department of Weights and Measures or scale servicing company that the proposed scale complies with the requirements listed above. 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.

1.4.1.1 Weighing Operations. Weighing operations shall be performed, as approved, in the presence 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:

a. Date and Time.

b. Vehicle Number.

c. Gross Weight.

d. Vehicle Tare Weight.

e. Net Weight of Riprap.

f. Material weighed (Description of Load Contents).

g. Signature of Weighmaster.

The Government will collect a copy of the delivery ticket from each truck as it arrives on site.

The Contractor shall submit a daily report detailing the number of trucks that made deliveries to the site as well as an overall quantity of material delivered to the site that day. All daily reports shall be submitted no later than 24 hours after the report period end date and time.

1.4.1.1.1 A plan indicating the location and proposed schedule of weighing operations shall be submitted for approval in accordance with PARAGRAPH: 1.3 Submittals.

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

1.5 LIST OF ATTACHMENTS:

1 – USGS La Crescent MN 7.5 Minute Quadrangle Sheet 2 –Approved Material Sources 3 – Blank Submittal Register (ENG Form 4288-R) 4 – Gradation Forms:

R270 Riprap Gradation Curve Riprap Gradation Analysis Worksheet, Method A Riprap Gradation Analysis Worksheet, Method B

5 – Blank Submittal Transmittal Form (ENG Form 4025) 6 – Sample Submittal Register

2. PRODUCTS.

2.1 MATERIALS.

2.1.1 General. Riprap material shall be durable quarried stone of suitable quality to ensure permanence in the

Upper Mississippi River environment. Stone shall be free from cracks, seams and other defects that would unduly increase its deterioration from natural causes. A crack is considered to be detrimental if it is more than four (4) mils 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 Gradation. Riprap shall be reasonably well graded within the specified limits shown on the riprap gradation curve 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 or measured for payment.

2.1.5 Riprap Gradation Processing. On the same date the Contractor provides the submittal for material sources, the Contractor shall also submit for approval the method of processing riprap at the quarry that will preclude the inclusion of objectionable amounts of fine material and organic matter. All riprap shall be processed in accordance with the approved method. Quarry-run riprap material will not be accepted. All rock designated for use as riprap shall be processed over a vibratory grizzly or by an approved 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. 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 calendar days after award of the contract, the Contractor shall designate and submit for approval only one source or combination of sources from which it proposes to furnish the materials specified. If the Contractor proposes to furnish materials from a source or from sources not listed in Attachment 2, it may designate only a single source or a single combination of sources from which to furnish the material specified. Samples for acceptability testing shall be provided as required by the PARAGRAPH: 2.3 Tests for Acceptability of Alternative Source Material. If a source for materials so designated by the Contractor is not approved for use by the Contacting Officer, the Contractor shall 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 material 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 material 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 used 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 15 calendar 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 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 gradation and the WORKSHEET FOR GRADATION ANALYSIS OF RIPRAP (gradation plots and blank copies of the worksheet 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 a minimum of 24 hours before each test is to be 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 Officers 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 the 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 be as required in PARAGRAPH: 1.4.1 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. Each sample shall have a minimum gross weight of not less than 25 times the maximum stone size in the specified gradation (25∙W100).

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 site, with a minimum of one test per gradation. Tests that do not meet gradation requirements will not be counted.

2.4.7 Corrective Action. If materials 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 AND ORDERING. The Contracting Officer will notify the Contractor 15 calendar days in advance of when delivery is to commence by issuing a Delivery Order to the Contractor. The Delivery Order will state the quantity of rock to be delivered. The Contractor shall provide the riprap gradation submittals for approval no later than 7 calendar days prior to delivery of materials to the specified delivery location. It is anticipated that commencement of delivery will occur between the dates of 4 September and 1 December 2018. Delivery shall commence no later than 15 calendar days following issuance of the Delivery Order and shall continue on consecutive work days (Monday through Thursday) until completed, unless directed otherwise by the Contracting Officer. The delivery period shall be between the hours of 7:30 a.m. and 5:00 p.m. (local time), Monday through Thursday with the potential for Friday deliveries, unless directed otherwise by the Contracting Officer. No deliveries shall be made on weekends or on Federal holidays. Only the Contracting Officer may issue Delivery Orders under this contract.

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:

Mr. Christopher Stai Chief, Maintenance and Repair

651.290.5144 (office)

612.790.2675(mobile) Christopher.J.Stai@usace.army.mil

Michael Gunderson Foreman/Site Supervisor

651.290.5145 (office)

612.670.2880 (mobile) mailto:Michael.G.Gunderson@usace.army.mil

3.3 DELIVERY LOCATION. All riprap required under this contract shall be delivered to the downstream loading dock at Lock and Dam 7. Lock and Dam 7 is located on the right descending bank of the Mississippi River in Winona County, Minnesota approximately three miles upstream of La Crescent, Minnesota. Lock and Dam 7 is located on the USGS La Crescent 7.5 Minute Quadrangle. This 7.5 minute quadrangle sheet is included as Attachment 1. The center of the loading dock is further specified as the following Military Grid Reference System (MGRS) Grid Coordinate:

15T XJ 35905 58167

The Lock 7 downstream loading dock is located approximately one half mile upstream from the U.S.

Interstate I-90 Mississippi River Bridge.

3.4 DELIVERY AND BARGE LOADING. Delivery of riprap by the Contractor shall include placing material directly from the delivery trucks into a stockpile area on site and/or loading directly from the delivery trucks onto U.S. Government-owned barges. Each barge on which riprap material is to be loaded will have a capacity of 200 tons, with a 20 foot by 85 foot holding area with 2.5 foot high side barriers, with ramps that can be used to drive the delivery trucks directly onto the barges. The barges and access ramps will be maneuvered by Government Personnel. Government personnel and equipment will stockpile material. The Contractor shall provide all other equipment and personnel needed to place the riprap directly onto the barges, except that no secondary loading or repositioning of riprap will be required after the riprap has been dumped from the delivery trucks. The Contracting Officer will direct the Contractor where to unload riprap.

3.4.1 Loading Riprap. Delivery trucks used by the Contractor for loading riprap onto barges or stockpiles shall be straight tandem dump trucks with maximum 18 ton capacity; use of articulated end-dump trailers, side dump, or belly dump trailers will not be allowed.

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

3.5 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.

3.6 SAFETY. The Contractor shall comply with all state and Federal OSHA requirements as well as all pertinent provisions of the latest version of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. If a conflict exists between the guidance provided between the sources listed above, the Contractor shall follow the most stringent standard given. A current copy of EM 385-1-1 can be found at https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. The Contractor shall use reasonable care to avoid damaging existing structures, equipment, and vegetation on the Government site. This contract may require delivery on Government owned barges. Reasonable care shall be used in the loading of material on Government barges as to not damage the barge, barriers, or ramps in the process of unloading material.

If the Contractor’s failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 22,495 Net Ton (2,000

LB).

R-270 Riprap

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: W81G6781238159

MAX

NET AMT

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

10,000.00 22,495.00

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

10,000.00 22,495.00

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

0001 10000.00

22,495.00

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2018 TO

31-DEC-2018

N/A LOCK & DAM #7

LOCKMASTER

USACE - LOCK & DAM 7

33018 HIGHWAY 61

LACRESCENT MN 55947

FOB: Destination

W912ES

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 (OCT 2016)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial 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''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(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 ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier 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 unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

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

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) 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.

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

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

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

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial 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 Contractor has completed the Core, Assertions, 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 Contractor 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''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

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

(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) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

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

(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 Commercial 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 Commercial 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 https://cage.dla.mil.

(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 at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of

NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(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 2016)

(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) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

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

(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 Commercial 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 Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. 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 (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(End of Clause)

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

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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)

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

10 Percent increase 10 Percent decrease

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(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…