W912ES20T0040 Tainter Gate Chain.pdf
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SEE ADDENDUM
(No Collect Calls)
W912ES20T0040 20-Mar-2020
b. TELEPHONE NUMBER
651-290-5407
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 17 Apr 2020
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 X 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
TERRY G ZENKER
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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
W81G6700727037
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 B6M0LD2 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FOUNTAIN CITY SERVICE
FOUNTAIN CITY
431 NORTH SHORE DRIVE
PO BOX 397
FOUNTAIN CITY WI 54629-0397
TEL: 608-687-3011 FAX: 608-687-8753
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332618
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
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 OF37
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.
W912ES20T0040
Section SF 1449 - CONTINUATION SHEET
NOTES TO QUOTERS
Please submit all questions in writing to Terry Zenker, Contract Specialist at:
terry.g.zenker@usace.army.mil (questions close 10 business days prior to closing date stated in solicitaion)
Please submit your quote as a PDF attachment to an email (preferred) sent to Terry.g.zenker@usace.army.mil or by mail/courier to:
U.S. Army Corps of Engineers Attn:
Contracting (Terry Zenker) 180 5th Street East, STE 700 St. Paul, MN 55101-1678
As a component of the U.S. Government, the U.S. Army Corps of Engineers is exempt from Federal, State and Local taxes, including sales taxes. Per FAR Clause 52.212-4)(k) The contract price shall include all applicable Federal, State and local taxes and duties
All item pricing shall include shipping (FOB destination) and shall not have a separate line for shipping costs.
Offeror must be registered in SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections with the NAICS code applicable to the solicitation. For assistance with SAM, please contact:
SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET U.S. Calls 866-606-8220, Service desk website: http://www.fsd.gov/
SCOPE OF WORK
Scope of Work for Tainter Gate Hoist Chain Supply
1. GENERAL
The Contractor shall supply steel alloy link chain to replace existing tainter gate hoist chains. A total of 30 chain assemblies of varying sizes and configurations are required. The 30 individual chains shall be of standard commercial quality manufactured as non-calibrated chain. Master links and fabricated gate connection hardware shall be provided as shown for each chain. The existing tainter gate and machinery design parameters dictate strict compliance to the size and strength requirements of the welded steel alloy link chain described in this section.
All products supplied under this Contract shall be installed by Government personnel.
Attachment A at the end of this scope contains photos of the existing chain including the hoist drum and Attachment B (a separate attachment) contains Product Sketches.
1.1 References
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
ASTM INTERNATIONAL (ASTM)
ASTM A370 (2016) Standard Test Methods and Definitions for Mechanical Testing of Steel Products
ASTM A388/A388M (2016) Standard Practice for Ultrasonic Examination of Steel
Forgings
ASTM A391/A391M (2012) Standard Specification for Grade 80 Alloy Steel Chain
ASTM A514/A514M (2014) Standard Specification for High‐Yield‐Strength, Quenched and Tempered Alloy Steel Plate, Suitable for Welding
ASTM A564/A564M (2013; E 2017) Standard Specification for Hot‐Rolled and Cold‐ Finished Age‐Hardening Stainless Steel Bars and Shapes
ASTM A941 (2017) Standard Terminology Relating to Steel, Stainless Steel, Related Alloys, and Ferroalloys
FEDERAL SPECIFICATIONS
RR‐C‐271F (2011) Chains and Attachments, Carbon and Alloy Steel
1.2 Submittal Procedures
Government approval is required for all submittals and delivery shall not be accepted until all submittals are approved. Submit Qualifications, Shop Drawing and Catalog Cuts within 21 calendar days following the date of award. Submit Certifications any time prior to shipment. All submittals shall be submitted electronically to the Government Technical Representative in a form compatible with Microsoft Office 2013 or Adobe Reader XI products. The Government Technical Representative is listed below:
Tom Lytle Email: thomas.r.lytle@usace.army.mil
1.3 Submittals
Chain Assembly Shop Drawings Chain Working Load Limit Certifications Chain Test Certifications Connecting Link Catalog Cuts Connecting Link Shop Drawings Connecting Link Proof Test Certification Connecting Link Working Load Limit Certifications Shackle Material Certifications Shackle Proof Test Certifications Shackle Working Load Limit Certifications End and Pear Link Proof Test Certifications End and Pear Link Working Load Limit Certifications
2. PRODUCTS
2.1 Chain Assemblies
Chain assemblies shall be manufactured as shown on the Product Sketches in Attachment B. Submit Chain Assembly Shop Drawings for each type of chain assembly. The mark number, quantity and overall working load limit (WLL) for all chain assemblies are listed in Table 1. The mark number indicates which gates at which site each chain assembly can be installed on to and is used to differentiate between the different types of assemblies.
2.1.1 Dimensional Tolerances
Chain dimensional tolerances shall comply with the requirements found in the Product Sketches in Attachment B and/or ASTM A391/391M. Note: No tolerances are provided for the Nominal Lengths—these are the target lengths and shall be measured in accordance with this Scope of Work. Where indicated in the Product Sketches, pear links and end link lengths may be adjusted to produce more closely matching chain assembly pairs.
Table 1.
Mark No.
Nominal Chain
Size [in] Quantity
Working Load Limit (WLL) [lbs]
LD2‐1‐11 1‐1/4 24 72 300
LD2‐12‐19 1‐1/2 2 100 000
LD4‐ALL 1‐1/2 2 100 000
LD5‐ALL 1‐1/2 2 100 000
2.2 Grade 80 Alloy Steel Chain
All chain shall meet the requirements of Grade 80 alloy steel chain as specified in ASTM A391/391M. The final steel alloy chain product will be used for hoisting water control tainter gates and shall be manufactured in strict compliance to the size and strength requirements of the welded steel alloy link chain described in this section and
ASTM A391/391M. Working load limits (WLL) for all sizes of chain to be provided under this Contract are listed in Table 2. Submit Chain Working Load Limit Certifications for all chains showing that the load capacity is greater than or equal to the WLL’s listed below.
Table 2.
Nominal Chain Size [in]
Working Load Limit (WLL) [lbs]
1‐1/4 72 300
1‐1/2 100 000
2.2.1 Manufacture
The alloy steel shall be made to a fully‐killed fine austenitic grain process. Alloy steel chain may be made by the electric welding or gas welding process. After welding, alloy steel chain shall be heat treated before applying the proof test. Heat treatment shall include quenching and tempering as defined by Terminology ASTM A941.
2.2.2 Testing Requirements
All chain tests shall be done in accordance with ASTM A391/391M. Minimum values for each test are provided in Table 3. Submit Chain Test Certifications confirming that all chains have passed the minimum proof test and conform to the minimum breaking force and minimum elongation requirements as described below.
Table 3.
Nominal Chain Size [in]
Minimum Proof Test [lbs]
Minimum Breaking Force
[lbs]
Minimum Elongation [%]
1‐1/4 144 600 289 200 20
1‐1/2 200 000 400 000 20
2.2.2.1 Proof Test
All chain shall be tested to at least the proof load prescribed in Table 3 which is two times the WLL. When so tested it shall withstand these loads without loss of chain integrity. Links or chain segments not withstanding the proof test load shall be removed from the chain.
2.2.2.2 Break Force
One test for breaking strength shall be made from each lot for all chain sizes. The breaking force test specimens shall consist of a length containing at least three (3) links. All chain shall be in the quenched and tempered condition before the breaking force is measured. The opening in the fixture shall not be more than 125 % of the stock diameter being tested. Links engaged in the testing fixture shall not be considered part of the test specimen.
Test specimens shall meet or exceed the minimum breaking force value shown in Table 3 which is four times the Working Load Limit.
2.2.2.3 Elongation
One test for breaking strength shall be made from each lot for all chain sizes. The elongation and breaking force tests may be performed at the same time on the same test specimens. The elongation test specimens shall consist of a length containing at least three (3) links. All chain shall be in the quenched and tempered condition before elongation is measured. The elongation shall be based on the total extension at fracture and expressed as a percentage of the change in length divided by the original gage length. A positive load not exceeding 10% of the proof test shall be applied for determining the original gage length. Test specimens shall meet or exceed the minimum elongation values shown in Table 3.
2.2.3 Chain Marking
Mark all chain with indented characters at intervals no greater than 3 feet. The marking shall consist of at least the grade indicator, the manufacturer’s mark and the traceability or date code.
2.3 Shackles
Each 1‐1/4” chain assembly shall be supplied with shackles as shown on the Product Sketches in Attachment B.
Shackles shall be manufactured in accordance with Federal Specification RR‐C‐271F, type IVA, class 3 Anchor Shackle, grade B. Provide shackles of the size and quantity listed in Table 4. The WLL and minimum proof test loads are also provided in Table 4. Each shackle shall be proof tested by the manufacturer. Submit Shackle Material Certifications (chemical composition), Proof Test Certifications and Working Load Limit Certifications.
Table 4.
Nominal Shackle Size [in]
Quantity Part of Working Load Limit (WLL) [lbs]
Minimum Proof Test [lbs]
2 24 Mark No.
LD2‐1‐11
100 000 220 000
2.4 Fabricated Gate Connection Hardware
Gate connection hardware shall be fabricated as shown on the Product Sketches in Attachment B. Quantities of all connection hardware and subcomponents are listed in Table 5. Materials shall be as shown.
Table 5.
Gate Connection Type
Quantity Part of Subcomponent Quantity Material
Pinned 2 Mark No.
LD2‐12‐19
Plate Link 4 Steel per ASTM A514
Pin 4 630‐H925 S.S. per
ASTM A564
Washer ‐ 3.25" Dia. X .25" Thk. w/.56" Dia. Hole
8 Stainless Steel
Bolt ‐ 1/2" Dia. X 5.5" Lng. 4 Stainless Steel
Locknut for 1/2" Dia. Bolt 8 Stainless Steel
Bolted 4 Mark No.
LD4‐ALL /
LD5‐ALL
Connection Bolt 4 630‐H925 S.S. per
ASTM A564
Trunnion 4 630‐H925 S.S. per
ASTM A564
Adjusting Nut 8 630‐H925 S.S. per
ASTM A564
Cotter Pin 8 Stainless Steel
2.5 End Links and Pear Links
Provide end links and pear links as shown on the Product Sketches in Attachment B. The WLL for each end or pear link shall be greater than or equal to the WLL of the chain to which it is attached (see Table 2). After heat treatment, proof test each end or pear link to the minimum proof test load for the chain to which it is attached (see Table 3). Submit End and Pear Link Proof Test Certifications and Working Load Limit Certifications for all end or and pear links.
2.6 Connecting Links
Provide connecting links suitable for use with Grade 80 alloy steel chain in the size and quantity shown in Table 6.
The connecting links shall be easily assembled and disassembled without the use of special tools. The inside link length dimension shall be no less than 7 inches. The WLL is provided in Table 6. Each connecting link shall be proof tested by the manufacturer to 2.5 time the WLL.
Table 6.
Nominal Size [in] Quantity Working Load Limit (WLL) [lbs]
1‐1/4 16 90 400
Submit Connecting Link Catalog Cuts and Shop Drawings showing that the connecting links meet the requirements of this specification. Additionally, submit Connecting Link Proof Test Certifications and Working Load Limit Certifications for all connecting links.
Package connecting links separate from the chain assemblies.
3. EXECUTION
3.1 Measurement and Pairing of Chain Assemblies
3.1.1 1-1/4 Inch Chain Assemblies
When each 1-1/4 chain is fully assembled, measure the Nominal Length dimension as indicated in the Product Sketches in Attachment B. To measure, hang each chain assembly so that the complete length is fully suspended with no portions of the assembly touching the floor or ground. As the chain is being raised during the hanging process, ensure that each link is fully seated on the link above it. If head clearance is not available to complete these measurements within the manufacturing facility, the measurement process may be completed outside of the manufacturer’s facility.
Group the chains into pairs consisting of two chains with the most closely measured lengths and assign each pair a Pair Number (1 through 12). Tag each chain assembly with the Mark Number, Pair Number and Measured Length.
Fabricate tags as shown in the Product Sketches in Attachment B. Attach the tag to one end of the chain so that the tag is visible on top when the chain is unpackaged.
3.1.2 1-1/2 Inch Chain Assemblies
When each 1-1/2 chain is fully assembled, measure the Nominal Length dimension as indicated in the Product Sketches in Attachment B. To measure, hang each chain assembly so that the complete length is fully suspended with no portions of the assembly touching the ground. As the chain is being raised during the hanging process, ensure that each link is fully seated on the link above it. If head clearance is not available to complete these measurements within the manufacturing facility, the measurement process may be completed out of doors.
Tag each chain assembly with the Mark Number and Measured Length as shown in the Product Sketches in Attachment B. Attach the tag to one end of the chain so that the tag is visible on top when the chain is unpackaged.
Pairing is not required for the 1-1/2 inch chain assemblies.
3.2 Delivery, Storage and Handling
Provide all packing, crating, and other materials necessary to ensure safe shipment of chain assemblies. Crates shall be palletized to allow for easy handling. All products and crates shall be clearly labeled, allowing workers to easily determine the size and length of each assembly. The crates shall become the property of the Government unless specifically waived. Protect the equipment with the necessary coatings and/or preservatives to maintain in a stable condition without corrosion, deterioration, or degradation for an extended period of storage of up to 12 months.
Protect stored equipment from the weather, humidity, temperature variation, dirt and dust, or other contaminants.
Shipping pricing shall include the cost of delivery to the associated lock site listed below. Shipping addresses and point of contact for delivery inspections can be found below. Notify delivery point of contact 48 hours prior to delivery.
Delivery of all materials shall be made to the shipping address listed below within 20 weeks after contract award, excluding weekends and Government holidays.
Delivery Point of Contact:
Josh Rye Telephone: 651-290-5985
Shipping Address:
Fountain City Service Base 431 North Shore Drive Fountain City, WI 54629
ATTACHMENT A – PHOTOS OF EXISTING DAM 2 CHAIN
ATTACHMENT B – PRODUCT SKETCHES
Attached as a separate document
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Pair Round Link Chain Assembly LD 2
FFP
Supply steel alloy lifting chain will be used for hoisting 11 tainter gates at Lock & Dam 2 (gates 1-11) on the Mississippi River. Two chains per gate (22 chains + one spare set). Chain lengths will be of standard commercial quality manufactured as non-calibrated chain and shipped as 12 matched pairs. 1.25" . These 1.25" matched pairs will be supplied with shackles as shown on the enclosed sketches located at the end of this scope in Attachment B. Section 2.1.1 of SOW.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
MILSTRIP: W81G6700727037
PURCHASE REQUEST NUMBER: W81G6700727037
NET AMT
0002 1 Pair Round Link Chain Assembly LD 2
FFP
Supply steel alloy lifting chain will be used for hoisting 1 tainter gate at Lock & Dam 2 (gates 12-19) on the Mississippi River. One pair of chains. Chain lengths will be of standard commercial quality manufactured as non-calibrated chain and shipped as 1 matched pair. 1.5". One 1.5" matched pair will be supplied with oval master links, pear-shaped master links, and pinned gate connections as shown in Attachment B. Section 2.1.1 of SOW NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
0003 2 Pair Round Link Chain Assembly LD 5A
FFP
Supply steel alloy lifting chain will be used for hoisting 1 tainter gate at Lock & Dam 4 &5 on the Mississippi River. Two pair of chains. Chain lengths will be of standard commercial quality manufactured as non-calibrated chain and shipped as 2 matched pair. 1.5". Two 1.5" matched pairs will be supplied with oval master links, pear shaped master links, and bolted gate connections as shown in Attachment B. Section 2.1.1 of SOW NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
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 0002 Destination Government Destination Government 0003 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 20 wks. ADC 12 FOUNTAIN CITY SERVICE
FOUNTAIN CITY
431 NORTH SHORE DRIVE
PO BOX 397
FOUNTAIN CITY WI 54629-0397
608-687-3011
B6M0LD2
0002 20 wks. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 20 wks. ADC 2 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.213-7000 Notice to Prospective Suppliers on Use of Supplier
Performance Risk System in Past Performance Evaluations
SEP 2019
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.227-7015 Technical Data--Commercial Items FEB 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 FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
The following factors will be used to evaluate offers:
(i) Price.
(ii) Relevant Experience : Manufacturing of the chain shall be performed by a Contractor that has been normally and regularly engaged in manufacture of steel alloy chain over the preceding 10 years.
Submit Chain Manufacturer's Qualifications showing evidence and years of experience for the manufacturer. Identify any certifications, standards, and/or professional organizations the manufacturer complies with or is a member of.
(iii) Schedule
(iv) Past Performance. Past performance will be evaluated in accordance with Clause 252.213-7000. In the case of supplier without a record of relevant past performance history in the Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) for the Federal supply class (FSC) or product or service code (PSC) of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.
Schedule, Relevant Experience, and Past Performance when combined are significantly more important than price.
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision--
“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements— Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO. COUNTRY OF ORIGIN
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
Line Item No.: Country of Origin:
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
Line Item No.: Country of Origin:
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the…
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