W912P522Q0043_released.pdf
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- Solicitation number
- W912P522Q0043
About this file
This is a solicitation for an oxygen diffuser supply acquisition for projects located in Jamestown, KY and Norris, TN. The acquisition is a total small business set-aside for supplying materials to deliver oxygen through diffuser systems. Required supplies include various sizes and colors of HDPE piping and fittings, porous hose components, anchors, buoys, work benches, and safety equipment. Quotes are due electronically through PIEE and must include registration in SAM.gov. The period of performance is 365 calendar days. Questions can be submitted through ProjNet and responses will be limited to amendments. The apparent successful offeror must provide references. The contractor must provide feedback through an evaluation website.
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Other files
| File | Type | Posted |
|---|---|---|
| W912P522Q0043 Amendment 1_released.pdf | ||
| USACE WOL - Diffuser Delivery System BOM 120122.xlsx | XLSX spreadsheet | |
| JA for Brand Name or Equal - WOL DO Supply_final redacted.pdf | ||
| USACE WOL - Diffuser Delivery System BOM 103122_final.xlsx | XLSX spreadsheet |
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SEE ADDENDUM
(No Collect Calls)
W912P522Q0043 10-Nov-2022
b. TELEPHONE NUMBER
615-736-2759
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 02 Dec 2022
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.
W912P59. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ROBERT T ALLMAN
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
W38XDD22692482
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 OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
US ARMY CORPS OF ENG.-NASHVILLE- W912P5
CELRN-CT, ROOM A604
110 NINTH AVE. SOUTH
P O BOX 1070
NASHVILLE TN 37203-1070
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
(615) 736-7124FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
326122
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 OF127
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.
W912P522Q0043
Section SF 30 - BLOCK 14 CONTINUATION PAGE
CLAUSES INCORPORATED BY FULL TEXT
52.0039-4001 INFORMATION TECHNOLOGY - YEAR 2000 COMPLIANT
The Contractor shall ensure that any product or service provided under this contract that includes any hardware, software, firmware and middleware, whether acting alone or combined as a system, are Year 2000 Compliant. Year 2000 Compliant means, with respect to information technology, that the information technology accurately processes date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date/time data with it.
(End of Clause)
52.0039-4004 YEAR 2000 COMPLIANT - ARCHITECT/ENGINEER CONTRACTS
The Architect/Engineer (A/E) shall ensure that any product or service provided under this contract that includes any hardware, firmware, software, and information technology systems separately or in combination with each other or other elements specified in the documents developed under this contract shall be Year 2000 Compliant in accordance with FAR 39.106.
Section SF 1449 - CONTINUATION SHEET
OFFER INSTRUCTIONS
1. DESCRIPTION OF WORK: This is a Total Small Business Set-Aside for all materials, labor, supervision, and quality control necessary to supply and deliver O2 Oxygen Diffuser Supplies that meets or exceeds the salient characteristics within the “Description” column of the attached Bill of Materials.
2. TYPE OF CONTRACT: The Government intends to award a Firm-Fixed Price supply contract under NAICS Code: 326122 - Plastics Pipe and Pipe Fitting Manufacturing, Size Standard 750
3. BASIS FOR SELECTION OF AWARD AND EXERCISE OF OPTIONS: Award shall be made to the lowest priced offeror who is determined to be responsible. Quote must meet or exceed the technical specifications and delivery schedule to be considered for award.
4. PLACES OF DELIVERY:
EAST KY AREA OFC, WOLF CREEK
AUSTIN P'POOL
WOLF CREEK POWER PLANT 980 POWER PLANT ROAD
JAMESTOWN KY 42629
615) 736-2176
TVA NORRIS LAB
AUSTIN P'POOL
129 PINE ROAD
NORRIS TN 37928
(615) 736-2176
5. PERIOD OF PERFORMANCE: The completion date for this contract is 365 calendar days from the contract award.
6. QUESTIONS: Technical inquiries and questions relating to quote procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at https://www.ProjNet.org. As noted below, offerors shall not submit their quotes via ProjNet. Quoters shall submit their quotes in accordance with the provisions stated in the solicitation.
To submit and review quote inquiry items, quoters will need to be a current registered user or self-register into the system.
https://www.ProjNet.org
Project: Wolf Creek Dissolved Oxygen System The Solicitation Number is: W912P522Q0043
The Quick Add Key is: 5VUFBI-GCH685
Specific Instructions for ProjNet Inquiry Access:
1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.
2. Identify the Agency. This should be marked as USACE.
3. Key. Enter the Quick Add Key listed above.
4. Email. Enter the email address you would like to use for communication.
5. Select Continue. A page will then open stating a user account was not found and will ask you to create one using the provided form.
6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.
7. Select Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.
Specific Instructions for Future ProjNet Inquiry Access:
1. For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in.
2. From the ProjNet home page link above, click on Quick Add on the upper right side of the screen.
3. Identify the Agency. This should be marked as USACE.
4. Key. Enter the Inquiry Key listed above.
5. Email. Enter the email address you used to register previously in ProjNet.
6. Select Continue. A page will then open asking you to enter the answer to your Secret Question.
7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.
From this page you may view all quote inquiries or add an inquiry. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.
Quoters are requested to review the specification in its entirety and to review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.
The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.
NOTES:
1. Quoters shall not submit their quotes via ProjNet, but in accordance with the provisions stated in the solicitation. Any questions regarding acceptable means of submitting quotes shall be made directly to the Contract Specialist identified in the solicitation.
2. Government responses to technical inquiries and questions relating to quote procedures or bonds that are submitted to ProjNet in accordance with the procedures above are not binding on the Government unless an amendment is issued on Standard Form 30. In the case of any conflicts, the solicitation governs. Any changes or revisions to the solicitation will be made by formal amendment. Government responses will be limited to: (a) Notice that an amendment will be issued; (b) Reference to an existing requirement contained in the solicitation; or (c) Notice that a response is not necessary.
3. The ability to enter technical inquiries and questions relating to proposal procedures or bonds will be disabled at the close of business on Wednesday, 22 November 2022. No Government responses will be entered into the ProjNet system after this date.
7. POC FOR COMMUNICATIONS: Any non-technical communication regarding this procurement before award must be made via email to the Contracting Branch to Robert Todd Allman at email robert.t.allman@usace.army.mil.
Inquiries must identify the solicitation number, the requestor’s company name, address, email address, and telephone number to include area code.
Phone calls or requests to arrange meetings at the Nashville District during the solicitation period to discuss project requirements or company’s capabilities are highly discouraged and will not be allowed.
8. QUOTE SUBMISSION: All quotes shall be submitted electronically through the PIEE site. Procurement Integrated Enterprise Environment (PIEE).
a. The quote shall include the following elements to be considered for award:
(1) SF 1449: Filled out by the vendor for: Block 17a, Block 17b (if applicable), Block 30a, Block 30b, and Block 30c
(2) Acknowledge all SF 30s, Amendment of Solicitation (if applicable).
(3) CLINS: Complete CLINS and any included QUOTE SCHEDULE. Include the Total Price for all CLINS on page 1 of the solicitation in Block 24.
(4) In accordance with FAR 52.204-7, System for Award Management, registration is required in the System for Award Management (SAM.gov) database located at www.sam.gov. More specifically, An Offeror is required to be registered in SAM.gov when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (See FAR 52.204-7(b)(1)).
For SAM.gov Customer Service, contact:
Federal Service Desk URL: www.fsd.gov Hours: 8am – 8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828
DSN: 866-606-8220
IMPORTANT NOTICE: Effective June 29, 2018, vendors creating or updating their registration can have their registration activated prior to the approval of the required notarized letter. However, the signed copy of the notarized letter must be sent to the GSA Federal Service Desk (FSD) within 30 days of activation, or the vendor risks no longer being active in SAM.gov.
Vendors can check whether an account is active by performing a query by their CAGE or Unique Entity Identifier (previously known as DUNS).
The new registration process may now take several weeks, so vendors are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards.
Remember, there is no cost to use SAM.gov.
To find out additional information about the changes of the SAM.gov registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM.gov homepage (www.sam.gov).
(5) Provide business Unique Entity Identifier Number (previously known as DUNS):
(6) Provide business CAGE code: _______________________________________
(7) Tax Identification Number: _______________________________________
9. INSTRUCTIONS FOR SUBMITTING ELECTRONIC QUOTES: In an effort to reduce paperwork and cost, all quotes shall be submitted electronically via the Solicitation Module of Procurement Integrated Enterprise Environment (PIEE) suite, as described below. Submissions shall be in Adobe PDF format. Electronic Bid Submissions is required through the Army’s Electronic File Sharing Service in PIEE (https://piee.eb.mil/). The PIEE Application is used to send large files to individuals that would normally be too large to send via email. Information regarding how to set up a vendor registration is included in this link:
https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml.
On this page, click on the Vendor User Registration Doc and it will take you through the process of registering as a vendor. If you plan on submitting a proposal, be sure to select SOL-Solicitation in the drop-down list and choose the Proposal Manager role to be given the proper permissions. Further training is available at the following links:
https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/index.xhtml - This link shows information regarding the Solicitation application in PIEE and the different roles available.
https://pieetraining.eb.mil/wbt/xhtml/wbt/sol/solicitation/proposals.xhtml - This link is for Offerors regarding the Proposal Manager function and instruction on submitting an offer.
a. File Size Limitations: Offerors are advised to follow the PIEE instructions for uploading files. PIEE supports delivery of up to 1.9GB per file, with no limit on the number of files, as well as multiple file formats. If needed, Offerors are advised to break the files down into smaller sections in order to upload them into the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.
b. File Description: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention.
Each file name shall begin with the firm’s name, and a brief file description. NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the file description. Submission shall be in Adobe PDF format.
c. Upload Completion and Deadline: Interested parties shall submit responses no later than the date specified on the Solicitation document. The time and date of quote receipt will be the upload completion/delivery time and date recorded within the PIEE site. Do not assume that electronic submission will occur instantaneously. Large files (e.g. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Offerors are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 14.304.
10. APPARENT SUCCESSFUL OFFEROR: The following may be requested from the apparent successful offeror prior to actual award of the contract:
a. A minimum of one (1) banking reference for their firm and a minimum of three (3) past performance references for similar contracted work.
1. The banking reference should include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, and email address.
2. The past performance references should include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, and email address.
11. CONTRACTOR FEEDBACK: Help us in BUILDING STRONG. Please provide us with your feedback, comments, and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) website at: https://ice.disa.mil/index.cfm?fa=cardandsp=110797ands=856
STATEMENT OF WORK
Scope of Work Wolf Creek Dam Jamestown, KY
Wolf Creek Oxygen Diffuser Supply Acquisition
PART 1 GENERAL
1.1 GENERAL INFORMATION
A reservoir oxygen diffuser system is being installed at Wolf Creek Dam (WOL) to mitigate downstream dissolved oxygen concerns. The Reservoir Oxygen Diffuser System will be installed by the Tennessee Valley Authority (TVA) through an Inter-Agency Agreement while the cryogenic facility will be a USACE construction contract solicitation. TVA will assemble and install 12 oxygen supply and buoyancy lines from the cryogenic facility header to the reservoirs edge. In the reservoir, 10 lines will be installed of the diffuser system including oxygen supply and buoyancy lines and diffuser tubes.
A summary of work to be completed in this Contract includes:
The scope of this proposal is to acquire the material necessary to complete the on grade and in reservoir oxygen lines.
Depending on the material, it will require delivery and offloading to two different locations (1) Wolf
Creek Dam in Jamestown, KY and (2) TVA Norris Engineering Lab in Norris, TN.
Deliveries will adhere to the provided schedule such that material is received in regular intervals to allow time for fabrication and to minimize the amount of material staged on site.
The first delivery and offloading shall occur within 15 calendar days from Award.
The contract includes 2 Options for increased quantities of supplies, if required. These Options, if required, will be exercised within the total contract duration of 365 calendar days.
Detailed information on each of the Materials can be found in the Bill of Materials (BOM) and is provided as an attachment.
1.2 SECURITY
1.2.1 GENERAL SECURITY REQUIREMENTS AND GUIDANCE
The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)).
Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 calendar days of contract award or the date new contract personnel begin performance on the contract.
Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative.
The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures.
The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.
1.2.2 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS
All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.
1.3 CONTRACT AUTHORITY
The Contractor shall only accept instruction from the Contracting Officer or the duly appointed representative, and only do work that has been negotiated and authorized. Only the USACE Contracting Officer can modify this Contract.
Coordination of technical matters with USACE personnel shall be accomplished through the Contracting Officer’s Representative (COR) identified below:
COR: Austin F. P’Pool, PE Office Phone: (615) 736-2176 Email Address: austin.f.ppool@usace.army.mil Mailing Address: US Army Corps of Engineers Nashville District (LRN) 110 9th Ave S, Room A540 Nashville, TN 37203
1.4 REQUESTS FOR PAYMENT
1.4.1 PAY ESTIMATES
Requests for payments shall be submitted to the COR. The preferred method of submission is electronic PDF format. Pay estimates shall be submitted to the COR for review and processing with USACE Millington, TN finance center.
1.4.2 PROGRESS REPORTS
Progress reports should be submitted with each invoice as justification for payment requested and address the period of performance covered by the invoice. The progress report shall include BOM with delivered materials, delivery schedule evaluation, and problems and recommended solutions. Pay Estimates should be submitted directly to the COR.
1.4.3 RELEASE OF CLAIMS
A Release of Claims shall accompany the final invoice. The Release of Claims shall be signed by a contractor company employee with signatory and contract-binding authority, include the final Contract amount, and include a statement similar to the following: “The undersigned company under Contract No., between the United States of America and said contractor for services at ____, ____ (Location), hereby releases the United States, its officers, agents, and employees from any and all claims arising under or by virtue of said contract or any modification or change thereof except with respect to those claims, if any, listed below:”
1. 5 PERIOD OF PERFORMANCE
The total duration of the Contract shall be 365 calendar days from the Award.
1. 6 VETERANS EMPLOYMENT
Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract.
The following resources are available to assist USACE contractors in their outreach efforts:
- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):
https://www.dol.gov/vets/
- Federal Veteran Employment Information: https://www.fedshirevets.gov/
- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/
- U.S. Army Warrior Transition Command Employment Index:
https://wct.army.mil/modules/employers/index.html
- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes
PART 2 EXECUTION
2.0 BILL OF MATERIALS
The bill of materials (BOM) is included an Attachment and identifies the quantities, location of delivery, and delivery date with quantity listed. A submittal is required for each line item in the BOM.
2.1 SUBMITTALS
The contractor shall provide cutsheets/specifications/product information for review and approval of each item in the BOM prior to ordering and arranging for delivery and offloading.
Cutsheets/specifications/product information shall be made available electronically to Contracting Officer Representative (COR); pdf format is preferred.
Items marked “submittal required” shall include a physical sample of the item, received, and evaluated by the COR prior to ordering. Mail all physical samples to the address below, for evaluation, prior to ordering the item.
TVA Norris Lab Wolf Creek O2 Diffuser Supply Attn: USACE, Austin P’Pool 129 Pine Road Norris, TN 37928
All cutsheets/specifications/product information and/or physical samples will be evaluated to determine if an item meets the needs of the total system design. Items determined to not meet the design and/or specifications in the BOM, will not be accepted and the contractor will have an opportunity to supply an alternate product, with or without additional cost to the government.
If any item, cannot be obtained to the specifications listed in the BOM, the Contractor must coordinate with the Contracting Officer Representative (COR) to determine a suitable replacement.
All deliveries must be coordinated with the COR prior to offloading and receiving the item at the delivery location. Any item without coordinating cutsheets/specification/product information and/or physical sample will not be accepted for delivery and offloading.
The Government assumes no liability for items purchased prior to evaluation and approval by the COR.
2.2 DELIVERY AND OFFLOADING
2.2.1 Delivery to Wolf Creek Dam Project Site, Jamestown, Kentucky
Items 1 - 5 in the attached BOM will be delivered to Wolf Creek Dam.
Items 1A and 2A are optional quantities to be executed on an as needed basis. Optional quantities shall be delivered 30 calendar days from notification of execution of optional BOM items.
Project site delivery and offloading location shall be coordinated with the COR.
HDPE pipe shall be delivered to Jamestown, KY such that significant amounts of material do not have to be staged on site. There will be periods of time when material is needed approximately every fifteen (15) calendar days and other times material is needed approximately every thirty (30) calendar days dependent on assembly and installation progression.
IThe COR will notify the Contractor if deliveries will be paused and when they will resume again. See the BOM for the delivery schedule for the piping material. The schedule may be modified based on field production rates.
Due to current shipping and fuel costs, contractor may provide input on shipping quantity and schedule to efficiently and cost effectively meet the government’s needs. The government reserves the right to dictate the shipping schedule and quantity to meet the project requirements.
Each delivery and offloading will include a manifest of all items for the delivery.
2.2.2 Delivery to TVA Norris Lab, Norris, Tennessee
Items 6 – 67 in the attached BOM will be delivered to TVA’s Norris Engineering Lab at 129 Pine Road Norris, TN, 37928
Delivery and offloading shall begin 30 calendar days from award and be complete within 120 calendar days of award unless otherwise noted on the BOM:
Each delivery and offloading will include a manifest of all items for the delivery.
BILL OF MATERIALS
The following documents are provided as an ATTACHMENT to this solicitation:
USACE WOL - Diffuser Delivery System BOM 103122_final.pdf
QUOTE SCHEDULE
WOL - QUOTE SCHEDULE
Item
Submitt al required
Item: Description Quantit y
Uni t
Unit Price Total
Pipe:
Delivery To Wolf Creek Dam Project Site:
1 HDPE, Yellow 40' lengths w/ cap - 2-INCH IPS, SDR 11, MEDIUM-
DENSITY POLYETHYLENE
(HDPE), ASTM D2513, PE4710,
YELLOW WITH UV-STABILIZER,
40 FOOT STRAIGHT LENGTH,
CAP ENDS
40000 ft
2 HDPE, Black 40' lengths w/ cap - 2-INCH IPS, SDR 11, HIGH-
DENSITY POLYETHYLENE
(HDPE), ASTM D2513, PE4710,
WITH CARBON BLACK FOR UV-
RESISTANCE, 40 FOOT STRAIGHT
LENGTH, CAP ENDS
40000 ft
3 HDPE, Yellow 40' lengths w/ cap - 3-INCH IPS, SDR 11, MEDIUM-
DENSITY POLYETHYLENE
(HDPE), ASTM D2513, PE2708,
YELLOW WITH UV-STABILIZER,
40 FOOT STRAIGHT LENGTH,
PLAIN ENDS.
62000 ft
4 HDPE, Black 40' lengths w/ cap - 3-INCH IPS, SDR 11, HIGH-
DENSITY POLYETHYLENE
(HDPE), ASTM D2513, PE2708,
WITH CARBON BLACK FOR UV-
RESISTANCE, 40 FOOT STRAIGHT
LENGTH, PLAIN ENDS.
62000 ft
5 Ductile Iron Pipe 24" DIA - 200 Class - 0.33 nominal thickness
535 ft
Pipe:
Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928:
6 End Cap, Threaded (gray) SCH 80, 3" 15 ea 7 End Cap, (gray) SCH 80, 2" 15 ea 8 HDPE, Yellow, Serv. Saddle 2" IPS x 3/4" IPS RTB SKT SDL, Rectange Yellow Base, ASTM D-
2513 ASTM D2683 CEE, 2406/2708
100 ea
9 HDPE, Yellow, Serv. Saddle 3" IPS x 3/4" IPS RTB SKT SDL, Rectange Yellow Base, ASTM D-
2513 ASTM D2683 CEE, 2406/2709
13000 ea
10 HDPE Reducer 3" x 2" SDR 11 50 ea 11 HDPE Pipe Transition Stanless Steel, 2" x 2" MNPT 50 ea 12 HDPE Pipe Transition Stanless Steel, 3" x 3" MNPT 50 ea 13 HDPE Pipe Tee, (yellow) 3" SDR 11 50 ea 14 HDPE Pipe Tee, (black) 3" SDR 11 30 ea 15 HDPE Pipe 90⁰, (yellow) 2" SDR 11 12 ea 16 HDPE Pipe 90⁰, (black) 2" SDR 11 12 ea 17 HDPE Pipe 90⁰, (yellow) 3" SDR 11 12 ea 18 HDPE Pipe 90⁰, (black) 3" SDR 11 12 ea 19 HDPE Pipe 45⁰, (yellow) 2" SDR 11 12 ea 20 HDPE Pipe 45⁰, (black) 2" SDR 11 12 ea 21 HDPE Pipe 45⁰, (yellow) 3" SDR 11 12 ea 22 HDPE Pipe 45⁰, (black) 3" SDR 11 12 ea
Porous Hose Components:
Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928
23 Aero Tubing BRAND NAME: SWAN PRODUCTS 1" O.D., 1/2" I.D.
60000 ft.
24 x Poly hose barb nipple Sch 80, 1/2" barb x 3/4" MNPT, NYLON
6000 ea
25 x Nylon, TEE 1/2" O.D. Ins x Ins x Ins, NYLON 6000 ea 26 x Poly, Elbow 3/4" MNPT x 1/2" Ins, NYLON 50 ea 27 x Poly, Hose mender 1/2" O.D. Ins x 1/2" O.D. Ins, NYLON
200 ea
28 x SS Single Ear Clamps - marine grade BRAND NAME: OETIKER Item No.
15500012. Ref No. 0210.0R
6000 ea
29 x SS Single Ear Clamps - marine grade BRAND NAME: OETIKER Item No.
15500015. Ref No. 0256.0R
12000 ea
30 x Worm Gear Clamp - marine grade BRAND NAME: IDEAL 4 1/2" to 6 1/2" All SS, 630040-096 9/16" - Size
6000 ea
31 x Dowel Rod - Gray, Solid PVC 7/16" O.D. 1500 ft.
32 Red Hose - Rubber - Teflon Free 1/2" I.D. x 3 1/2" length 2000 ft.
Anchor Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928
33 x Marine Grade SS U-Bolt 5/16" x 3 1/2" (1.5" thread) 8000 ea 34 x Marine Grade SS U-Bolt nuts 5/16" x 3 1/2" (1.5" thread) 16000 ea 35 x Marine Grade, SS Quick Link 5/16" Dia, 316 SS, WLL 1525# 8000 ea 36 x Marine Grade, SS Coated Wire Rope 1/8" O.D. SS cable x 3/16" O.D.
Coated (Clear Coataing) 100000 ft.
37 x Copper Stop Sleeve 1/8" ID, To fit O.D. of 1/8" wire rope only
8000 ea
38 x Copper Swag/Duplex Sleeve (Oval) 3/16" ID x 1" 16000 ea 39 x Marine Grade, SS Thimble 3/16", #AN100-C5 8000 ea 40 x Marine Grade, SS Fender Washer 1/4" ID, 1" OD 8000 ea 41 x Ball Valve, Bronze Full Port 2" Ball Valve: FNPT x FNPT, 2 in
Pipe Size, Full, 600 psi CWP Max.
Pressure, 0° to 400°F, Lever Handle
65 ea
Consumables:
Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928
42 Shrink Wrap w/ Heavy duty handle -protection of fabricated components
18" 5 ea
Work Benches:
Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928
43 2"x4"x16' treated pine 40 ea 44 3/4"x4'x8' plywood MDO Good sides 25 ea 45 23/32" 4x8 RTD SHTG Plywood 48x24 20 ea 46 #8x3" Deck Mate Screws beige w/ evercote 5 lbs 47 Huck / Surgical Cloths 200 lbs 48 Detectable Underground Tape, Yellow 2-in Width, 5 mil thichness 10000 ft.
49 SS - Slotted Unistrut 1-5/8" for line alignment at top of slope at the water 8' lengths 500 ea
50 HDPE Sheets Natural, (0.750 IN X 48 IN X 120 IN), Stress Relieved
10 ea
51 All tread (8' lengths) 1/2" NC Zinc Coated - 8' lengths 25 ea 52 All thread nuts & washers 1/2" NC Zinc Coated 500 ea 53 HDPE Butt End Caps - pressure testing
3" - ASTM D-2513/D-3261 CEE
PE2406
20 ea
54 HDPE Pipe plug to fit 3" I.D. pipe 50 ea 55 Hog Rings 2" O.D. x 1/4" 50 ea 56 Shackles BRAND NAME: CROSBY 7/8" CR-
1018516 8 ea
57 Shackles BRAND NAME: CROSBY 3/4" CR- 1018491
8 ea
58 Zip Ties (black) - 28" - 175# Tensil Strength 18000 ea 59 Torch Tip Cleaner Spiral Tip Cleaner Set: Extra Long 25 ea
60 Teflon Plumbers tape 200 ea 61 Fence for Securing Project site work area, Fencing and Jersey Barrier Heavy Duty Jersey Barrier with Fencing 42 in. H x 72 in. L x 24 in. W, 100-170 lbs (Sand/water fillable for stability - 930 to 1,000 lbs with water), Orange and White
20 ea
62 Radios w/ chargers FAA Approved 8 ea 63 Radio Battery FAA Approved 8 ea
Bouy Components:
Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928
64 Polypropylene Rope 1/2" dia, 3 strand, twisted, yellow 18000 ft.
65 Bouys - SS ring & rod w/ swivels at each ends & reflective tape 24-inch dia, International Orange, 2.
Seamless Design-rotationally-molded from UV stabilized, chemically-resistant, ultra strong, high density polyethylene resin, No ABS, 4. Impervious to chemicals, fuels and solvents, 5.
Completely foam filled-with urethane foam, meeting or exceeding USCG requirements
60 ea
66 Solar powered programable Buoy Light
Range: 1-2 nautical miles, Mount: Flat Plate (6 1/4"hx5 1/4" w) Light Source: High Eff LED (100,000 hrs), Material: High Impact UV Stabilized Poly-Carbonate, Vis: 360 Degrees, Battery: Replaceable Ni-MH Battery pack, 20 FPM, Color: Amber
50 ea
67 Aluminium Sheet 1/8" thichness, 4'x8' 4 ea Pipe Option CLINS Delivery To NOH, 129 Pine Road, Norris Tennessee, 37928
1A HDPE, Yellow 40' lengths w/ cap - (to be exercised as required)
2-INCH IPS, SDR 11, MEDIUM-
DENSITY POLYETHYLENE
(HDPE), ASTM D2513, PE4710,
YELLOW WITH UV-STABILIZER,
40 FOOT STRAIGHT LENGTH,
CAP ENDS
10000 ft
2A HDPE, Black 40' lengths w/ cap - (to be exercised as required)
2-INCH IPS, SDR 11, HIGH-
DENSITY POLYETHYLENE
(HDPE), ASTM D2513, PE4710,
WITH CARBON BLACK FOR UV-
RESISTANCE, 40 FOOT STRAIGHT
LENGTH, CAP ENDS
10000 ft
TOTAL
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job
WOL DO SUPPLY JAMESTOWN KY
FFP
SEE BILL OF MATERIALS LINES 1-5
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: W38XDD22692482
MFR PART NR: DIFFUSER SUPPLY
PURCHASE REQUEST NUMBER: W38XDD22692482
PSC CD: 4710
NET AMT
0002 1 Job
WOL DO SUPPLY NORRIS TN
FFP
SEE BILL OF MATERIALS LINES 6-67
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: W38XDD22692482
MFR PART NR: DIFFUSER SUPPLY
0003 1 Job
OPTION OPTION 1A
FFP
SEE BILL OF MATERIALS
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: W38XDD22692482
0004 1 Job
OPTION OPTION 2A
FFP
SEE BILL OF MATERIALS
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: W38XDD22692482
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 365 dys. ADC 1 EAST KY AREA OFC, WOLF CREEK
AUSTIN P'POOL
WOLF CREEK POWER PLANT 980 POWER
PLANT ROAD
JAMESTOWN KY 42629
(615) 736-2176 FOB: Destination
W912P5
0002 365 dys. ADC 1 TVA NORRIS LAB
AUSTIN P'POOL
129 PINE ROAD
NORRIS TN 37928
(615) 736-2176
0003 30 dys. ADC 1 EAST KY AREA OFC, WOLF CREEK
AUSTIN P'POOL
WOLF CREEK POWER PLANT 980 POWER
PLANT ROAD
JAMESTOWN KY 42629
(615) 736-2176
0004 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
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 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.209-7 Information Regarding Responsibility Matters OCT 2018 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
52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus
NOV 2021
52.211-5 Material Requirements AUG 2000 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2021
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Products and Commercial Services)
OCT 2022
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.215-23 Limitations on Pass-Through Charges JUN 2020 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-6 Drug-Free Workplace MAY 2001 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-18 Place of Manufacture AUG 2018 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.226-1 Utilization Of Indian Organizations And Indian-Owned Economic Enterprises
JUN 2000
52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement
JUN 2020
52.232-17 Interest MAY 2014 52.232-28 Invitation to Propose Performance-Based Payments MAR 2000 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
NOV 2021
52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial
Services
OCT 2022
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 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 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
252.204-7022 Expediting Contract Closeout MAY 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 2022 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7008 Only One Offer JUL 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7013 (Dev) Duty-Free Entry (DEVIATION 2020-O0019) MAR 2022 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
AUG 2022
252.225-7055 Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.227-7015 Technical Data--Commercial Items FEB 2014 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--
Prohibition on Fees and Consideration
APR 2020
252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 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 252.247-7023 Transportation of Supplies by Sea FEB 2019
52.0039-4002 YEAR 2000 WARRANTY -- COMMERCIAL SUPPLY ITEMS
The Contractor warrants that each hardware, software and firmware product delivered under this contract and listed below shall be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leapyear calculations to the extent that other information technology, used in combination with the information technology being acquired, properly exchanges date/time data with it. If the contract requires that specific listed products must perform as a system in accordance with the foregoing warranty, then that warranty shall apply to those listed products as a system.
The duration of this warranty and the remedies available to the Government for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the Contractor's standard commercial warranty or warranties contained in this contract, provided that notwithstanding any provision to the contrary in such commercial warranty or warranties, the remedies available to the Government under this warranty shall include repair or replacement of any listed product whose non-compliance is discovered and made known to the Contractor in writing within ninety (90) days after acceptance.
Nothing in this warranty shall be construed to limit any rights or remedies the Government may otherwise have under this contract with respect to defects other than Year 2000 performance.
52.0039-4003 YEAR 2000 COMPLIANCE -- CONSTRUCTION CONTRACTS
(a) In accordance with FAR 39.106, the Contractor shall ensure that with respect to any design, construction, goods, or services under this contract as well as an6 subsequent task/delivery orders or modifications issued under this contract, all information technology contained therein will be Year 2000 compliant.
(b) In addition, the Contractor shall:
(1) Perform, maintain, and provide an inventory of all major components to include structures, equipment, items, parts, and furnishings under this contract and each task/delivery order or modification which may be affected by the Y2K compliance requirement.
(2) Indicate whether each component is currently Year 2000 compliant or requires an upgrade for compliance prior to Government acceptance.
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)
(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR
STATEMENTS (JAN 2017)
(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality…
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