W912ES22B0004_LD679MG_SPECS.pdf

Solicitation No. W912ES22B0004

FABRICATION

DOCUMENTS

FOR

UPPER MISSISSIPPI RIVER

LOCKS 6, 7, & 9

MITER GATE REPLACEMENT

MINNESOTA & WISCONSIN

DECEMBER 2021

CODE

(Hour)

PAGE(S)

until 01:00 PM local time 19 Jan 2022

A X B

C D

EX

X G F 188 - 204

205 - 216 X H 217

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

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

1 214

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W912ES 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

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

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 16

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

17 - 22 23 - 29

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 30 - 34 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

35 - 187

PART II - CONTRACT CLAUSES

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.

W81G6712589326

5. DATE ISSUED

15 Dec 2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W912ES22B0004

180 5th St E, Ste 700, St. Paul, MN 55101

John P. Riederer - Contract Specialist 651-290-5614 John.P.Riederer@usace.army.mil

W912ES22B0004

Table of Contents

Table of Contents Table of Contents

Section B - Supplies or Services and Prices

BID SCHEDULE

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

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

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

252.246-7005 Notice of Warranty Tracking of Serialized Items (MAR 2016)

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

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

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

5152.211-9001 VARIATIONS IN ESTIMATED QUANTITIES — SUBLINE ITEMS (DEC 2019)

Section H - Special Contract Requirements

Definitions

All or None Qualifications

Partnering

Safety

Purchase Orders

Floating Plant Equipment

Obstruction of Channel

Signal Lights

Radio

Laboratory and Testing Facilities

Basis for Settlement of Proposals

Apparent Clerical Mistakes

ENVIRONMENTAL SUSTAINABILITY

EPA Designated (CPG)

Safer Choice

Bio-based

AT/OPSEC 13: Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas

AT/OPSEC 15: Pre‐screen candidates using E‐Verify Program

AT/OPSEC 2: Access and General Protection/Security Policy and Procedures

Section I - Contract Clauses

52.210-1

Market Research

JUN 2020

52.202-1 DEFINITIONS (JUN 2020)

52.203-3 GRATUITIES (APR 1984)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY (MAY 2014)

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

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS (JAN 2017)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

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

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS

(JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.211-5 MATERIAL REQUIREMENTS (AUG 2000)

52.211-18 VARIATION IN ESTIMATED QUANTITY (APR 1984)

52.214-26 AUDIT AND RECORDS--SEALED BIDDING (JUN 2020)

52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -

MODIFICATIONS - SEALED BIDDING. (JUN 2020)

52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS - SEALED

BIDDING. (JUN 2020)

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

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

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2020-O0008) (NOV 2020)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (SEP 2021)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION

(MAY 2018)

52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

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

HYDROFLUOROCARBONS (JUN 2016)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020)

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

(JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(JUN 2020)

52.227-3 PATENT INDEMNITY (APR 1984)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

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

51.228-11 INDIVIDUAL SURETY—PLEDGE OF ASSETS (FEB 2021) (DEVIATION 2020-O0016)

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

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-16 PERFORMANCE AND PAYMENT BONDS-OTHER THAN CONSTRUCTION (APR 2020)

(DEVIATION 2020-O0016)

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

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

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

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

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

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

52.233-1 DISPUTES. (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG. 1996)

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

52.242-2 PRODUCTION PROGRESS REPORTS (APR 1991)

52.242-13 BANKRUPTCY (JUL 1995)

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

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUL 2021)

52.245-9 USE AND CHARGES (APR 2012)

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

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

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

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP

2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

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

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

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

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

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

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019)

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

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

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

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

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

HAZARDOUS MATERIALS--BASIC (SEP 2014)

252.223-7008 Prohibition of Hexavalent Chromium (JUN 2013)

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

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

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

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

252.225-7048 EXPORT-CONTROLLED ITEMS (JUNE 2013)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)

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

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

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

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

252.232-7004 DOD PROGRESS PAYMENT RATES (MAR 2020) (DEVIATION 2020-O0010)

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 (JAN 2021)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012)

52.245-1, Government Property

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (JAN 2021)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012) . 176

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (FEB 2019)

Section K - Representations, Certifications and Other Statements of Offerors

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (SEP 2021)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (FEB

2021)

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(NOV 2011)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2021) ... 195

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation (MAY 2021)

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO

REGIME (DEVIATION 2020-O0005) (FEB 2020)

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE

RESTRICTIONS. (JAN 2011)

Section L - Instructions, Conditions and Notices to Bidders

INSTRUCTIONS TO BIDDERS

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

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

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

52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)

52.214-5 SUBMISSION OF BIDS (DEC 2016)

52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)

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

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

52.214-12 PREPARATION OF BIDS (APR 1984)

52.214-14 PLACE OF PERFORMANCE--SEALED BIDDING (APR 1985)

52.214-16 MINIMUM BID ACCEPTANCE PERIOD (APR 1984)

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

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

52.216-1 TYPE OF CONTRACT (APR 1984)

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

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

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

252.232-7016 Notice of Progress Payments or Performance-Based Payments (APR 2020)

5152.211-9000 Evaluation of Subline Items (DEC 2019)

Section M - Evaluation Factors for Award

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Section B - Supplies or Services and Prices

BID SCHEDULE

BID SCHEDULE

Bid Item Description Qty Unit of Measure

Unit Price Subtotal

0001 Bonds (Performance & Payment)

1 JOB

0002 Lock 6 Upstream Miter Gate Assembly (23’ High)

0003 Lock 6 Downstream Miter Gate Assembly (25’ High)

0004 Delivery of Lock 6 Miter Gate Assemblies

0005 Barge Demurrage of Lock 6 Miter Gate Assemblies 0005AA First Month

30 DAY

0005AB Each Additional Month

120 DAY

0006 Lock 6 Disposal of Existing Upstream Miter Gate Assembly (23’ High)

1 JOB

0007 Lock 6 Disposal of Existing Downstream Miter Gate Assembly (25’ High)

1 JOB

0008 Lock 6 Anchorage Assembly 8 EA

SUBTOTAL Base Items

OPTION ITEMS

Option 1 1001 Lock 9 Upstream Miter Gate Assembly (27’ High)

1002 Lock 9 Downstream Miter Gate Assembly (33’ High)

1003 Delivery of Lock 9 Miter Gate Assemblies

1004 Barge Demurrage of Lock 9 Miter Gate Assemblies 1004AA First Month

30 DAY

1004AB Each Additional Month

120 DAY

1005 Lock 9 Disposal of Existing Upstream Miter Gate Assembly (27’ High)

1 JOB

1006 Lock 9 Disposal of Existing Downstream Miter Gate Assembly (33’ High)

1 JOB

1007 Lock 9 Anchorage Assembly 8 EA

Option 2 2001 Lock 7 Upstream Miter Gate Assembly (23’ High)

2002 Lock 7 Downstream Miter Gate Assembly (25’ High)

1 JOB

2003 Delivery of Lock 7 Miter Gate Assemblies 1 JOB

2004 Barge Demurrage of Lock 7 Miter Gate Assemblies 2004AA First Month 30 DAY

2004AB Each Additional Month 120 DAY

2005 Lock 7 Disposal of Existing Upstream Miter Gate Assembly (23’ High)

1 JOB

2006 Lock 7 Disposal of Existing Downstream Miter Gate Assembly (25’ High)

1 JOB

2007 Lock 7 Anchorage Assembly 8 EA

Option 3

3001 Greased Pintle Ball and Bushing Assemblies 12 SET

Option 4 4001 Long Term Storage for Lock 6 Miter Gates 180 DAY

Option 5 5001 Long Term Storage for Lock 7 Miter Gates 180 DAY

Option 6 6001 Long Term Storage of Lock 9 Miter Gates 180 DAY

SUBTOTAL OPTION ITEMS

TOTAL BASE PLUS OPTION ITEMS

Section E - Inspection and Acceptance

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 0004 Destination Government Destination Government 0005 N/A N/A N/A N/A 0005AA Destination Government Destination Government 0005AB Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 N/A N/A N/A N/A 1004AA Destination Government Destination Government 1004AB Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 N/A N/A N/A N/A 2004AA Destination Government Destination Government 2004AB Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government 5001 Destination Government Destination Government 6001 Destination Government Destination Government

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

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

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

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

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

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

(End of clause)

252.246-7005 Notice of Warranty Tracking of Serialized Items (MAR 2016)

(a) Definitions. Duration, enterprise, enterprise identifier, fixed expiration, item type, serialized item, starting event, unique item identifier, usage, warranty administrator, warranty guarantor, and warranty tracking are defined in the clause at 252.246-7006, Warranty Tracking of Serialized Items.

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

(1) The Offeror shall provide the information required by the attachment entitled “Warranty Tracking Information” on each contract line item number, subline item number, or exhibit line item number for warranted items with its offer. Information required in the warranty attachment for each warranted item shall include such information as duration, fixed expiration, item type, starting event, usage, warranty administrator enterprise identifier, and warranty guarantor enterprise identifier.

(2) The successful offeror will be required to provide the following information no later than when the warranted items are presented for receipt and/or acceptance, in accordance with the clause at 252.246-7006--

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

(ii) All information required by the attachment entitled “Source of Repair Instructions” for each warranted item.

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

(End of provision)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

WARRANTY TRACKING INFO FORM

Go to the PRODUCT DATA REPORTING AND EVALUATION PROGRAM website, and download the Warranty Tracking Information (WTI) Form in either PDF or XLS format https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 10 dys. ADC 1 CONTRACTING DIVISION

JOHN P RIEDERER

USACE - ST PAUL

180 5TH STREET EAST

SUITE 700

ST. PAUL MN 55101-1678

651-290-5614 FOB: Destination

W912ES

0002 01-MAY-2025 1 LOCKS AND DAM 14

LOCKMASTER

25549 182ND STREET

PLEASANT VALLEY IA 52767

3097944357 FOB: Destination

0003 01-MAY-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

0004 01-MAY-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

0005 N/A N/A N/A N/A

0005AA 01-JUN-2025 30 LOCKS AND DAM 14

LOCKMASTER

25549 182ND STREET

PLEASANT VALLEY IA 52767

3097944357 FOB: Destination

0005AB 30-SEP-2025 120 (SAME AS PREVIOUS LOCATION)

FOB: Destination

0006 01-NOV-2025 1 LOCK & DAM #6

ROJEAN HEYER

W24055 LOCK AND DAM ROAD

TREMPEALEAU WI 54661-0406

651-290-5961 FOB: Destination

965602

0007 01-NOV-2025 1 LOCK & DAM #6

LOCKMASTER

LOCK & DAM #6 W24055 LOCK AND DAM

ROAD

TREMPEALEAU WI 54661-0406

B6R0LC4

0008 01-MAY-2025 8 LOCKS AND DAM 14

25549 182ND STREET

PLEASANT VALLEY IA 52767

3097944357

1001 01-MAY-2026 1 (SAME AS PREVIOUS LOCATION)

1002 01-MAY-2026 1 (SAME AS PREVIOUS LOCATION)

1003 01-MAY-2026 1 (SAME AS PREVIOUS LOCATION)

1004 N/A N/A N/A N/A

1004AA 01-JUN-2026 30 LOCKS AND DAM 14

LOCKMASTER

25549 182ND STREET

PLEASANT VALLEY IA 52767

1004AB 30-SEP-2026 120 (SAME AS PREVIOUS LOCATION)

1005 31-AUG-2026 1 LOCK & DAM #9

USACE-ST PAUL DIST

24545 STATE HWY 35

EASTMAN WI 54626-9723

B6R0LL3

1006 31-AUG-2026 1 LOCK & DAM #9

BRIAN SIPOS

24545 STATE HIGHWAY 35

EASTMAN WI 54626-7150

651-290-5042

965604

1007 01-MAY-2026 8 LOCKS AND DAM 14

25549 182ND STREET

PLEASANT VALLEY IA 52767

2001 01-MAY-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

2002 01-MAY-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

2003 01-MAY-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

2004 N/A N/A N/A N/A

2004AA 01-JUN-2025 30 LOCKS AND DAM 14

LOCKMASTER

25549 182ND STREET

PLEASANT VALLEY IA 52767

3097944357 FOB: Destination

2004AB 30-SEP-2025 120 (SAME AS PREVIOUS LOCATION)

FOB: Destination

2005 01-NOV-2025 1 LOCK & DAM #7

LOCKMASTER

USACE - LOCK & DAM 7

33018 HIGHWAY 61

LACRESCENT MN 55947

FOB: Destination

W912ES

2006 01-NOV-2025 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912ES

2007 01-MAY-2025 8 LOCKS AND DAM 14

LOCKMASTER

25549 182ND STREET

PLEASANT VALLEY IA 52767

3097944357 FOB: Destination

3001 01-MAY-2025 12 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912ES

4001 POP 01-OCT-2025 TO

01-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912ES

5001 POP 01-OCT-2026 TO

01-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W912ES

6001 POP 01-OCT-2025 TO

01-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

W912ES

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

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

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY REQUIRED DELIVERY DATE(S)

0001 1 JOB 10 Days ADC

0002 1 JOB 1 MAY 2025

0003 1 JOB 1 MAY 2025

0004 1 JOB 1 MAY 2025

0005AA 30 DAY 2 MAY – 1 JUNE 2025

0005AB 120 DAY 2 JUNE – 30 SEPTEMBER 2025

0006 1 JOB 1 NOVEMBER 2025

0007 1 JOB 1 NOVEMBER 2025

0008 8 EA 1 MAY 2025

1001 1 JOB 1 MAY 2026

1002 1 JOB 1 MAY 2026

1003 1 JOB 1 MAY 2026

1004AA 30 DAY 2 MAY – 1 JUNE 2026

1004AB 120 DAY 2 JUNE – 30 SEPTEMBER 2026

1005 1 JOB 31 AUGUST 2026

1006 1 JOB 31 AUGUST 2026

1007 8 EA 1 MAY 2026

2001 1 JOB 1 MAY 2025

2002 1 JOB 1 MAY 2025

2003 1 JOB 1 MAY 2025

2004AA 30 DAY 2 MAY 2025 – 1 JUNE 2025

2004AB 120 DAY 2 JUNE - 30 SEPTEMBER 2025

2005 1 JOB 1 NOVEMBER 2025

2006 1 JOB 1 NOVEMBER 2025

2007 8 EA 1 MAY 2025

3001 12 SET On or Before 1 MAY 2025

4001 180 DAY *

5001 180 DAY *

6001 180 DAY *

* If exercised, delivery date will be extended accordingly

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS AFTER

ITEM NO. QUANTITY DATE OF CONTRACT

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by 23 February 2022. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

(End of clause)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

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

(End of clause)

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

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

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

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

(b) The Contractor shall--

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

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

(2) Prepare and distribute commercial bills of lading;

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

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

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

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

(End of clause)

5152.211-9001 VARIATIONS IN ESTIMATED QUANTITIES — SUBLINE ITEMS (DEC 2019)

This variation in estimated quantities clause is applicable only to item Nos. 0005, 1004, and 2004.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent subline item or elimination of all work under such a second or subsequent subline item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for item Nos. 0005, 1004, or 2004 is less than 85% of the quantity of the first subline item listed under such item, the contractor will be paid at the contract unit price for that subline item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause at Federal Acquisition Regulation (FAR) 52.211-18, Variation in Estimated Quantities.

(c) If the actual quantity of work performed under item Nos. 0005, 1004, or 2004 exceeds 115% or is less than 85% of the total estimated quantity of the subline item under that item and/or if the quantity of the work performed under the second subline item or any subsequent subline item under item Nos. 0005, 1004, or 2004 exceeds 115% or is less than 85% of the estimated quantity of any such subline item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities.

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

Partnering The Government proposes to form a partnering relationship with the contractor. This partnering relationship will strive to facilitate communication and draw on the strengths of each organization in an effort to achieve a quality project, within budget, and on schedule. Participation will be totally voluntary. Partnering will not alter or supersede any provision of this contract nor will it provide either party with any additional contractual rights or obligations.

Participation in partnering will not affect award of this contract. Any cost associated with this partnering will be agreed to by both parties and will be shared equally, with no change in contract price.

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

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

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

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

2. Carry an identifying number.

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

4. Indicate a definite delivery date.

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

Floating Plant Equipment When mechanized equipment is operated on floating plant, the contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on and off-road), backhoes, track hoes, and similar equipment.