RFP_GFI_Transportation_and_Storage.pdf

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$27.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

X

CODE

W912P6-14-R-0031 22-Sep-2014

b. TELEPHONE NUMBER

312.846.5371

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 02 Oct 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

W912P6

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

REGINA G. BLAIR

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

493110

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G66

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

W912P6-14-R-0031

Section A - Solicitation/Contract Form

PROCUREMENT SPECIFICS:

THE GOVERNMENT REQUIRES THE WORK DESCRIBED HEREIN THIS REQUEST FOR PROPOSAL

(RFP) PACKAGE

This acquisition is being solicited pursuant to the provisions set forth by Part 12 of the Federal Acquisition Regulation, “Commercial Items.” In this acquisition, commercial rental storage is the predominant and governing work, with incidental routine maintenance checks of stored items. Therefore, the applicable North America Industry Classification System Code is

PROJECT TITLE: TRANSPORTATION, STORAGE AND INCIDENTAL WORK INVOLVING INSPECTION OF McCOOK MAIN TUNNEL SYSTEM ‐ MAIN GATES & EQUIPMENT (GOVERNMENT FURNISHED ITEMS (GFI))

A. INTRODUCTION OF REQUIREMENT: The U.S. Army Corps of Engineers, Chicago District Office, located at 111 North Canal Street, Suite 600, Chicago, Illinois 60606, is seeking proposals for the aforementioned project to perform the following Scope of Services.

B. SCOPE OF SERVICES:

The project consists of the contractor providing the handling, transporting storing and inspecting of

Government Furnished Items (GFI) for the period commencing October 31, 2014 through October 31, 2016. During this storage period, the CUP‐McCook Reservoir Main Tunnel System contractor, Kiewit

Infrastructure (‘KIC’ – awarded under Contract W912P6‐11‐C‐0014) will be responsible to load and transport the pre‐packaged bundles (see attachment) to their project site in Hodgkins, IL.

C. COMPETITION: Competition for this acquisition is UNRESTRICTED TO BUSINESS SIZE. The applicable Size Standard is North American Industry Classification System (NAICS) Code 493110, with a Small Business size standard in dolllars of $27.5 Million.

D. SUBMITTAL DUE DATE AND TIME: The contractor shall provide Technical Qualifications/ Submittals called out in Section M and K of the Solicitation, AND a Price Proposal required by this Solicitation to Kim Beard, Contract Specialist. Submittals must be furnished by 4:00 p.m. CDT on 2 October 2014. Contractors shall mail their SIGNED PROPOSAL packages to:

Ms. Kim Beard

DEPARTMENT OF THE ARMY

CHICAGO DISTRICT, CORPS OF ENGINEERS

231 South LaSalle Street, Suite 1500 (Contracting Branch)

Chicago, Illinois 60604

(1) BID SCHEDULE (PRICE PROPOSAL): Your firm shall provide prices for all BID items

In the Bid Schedule. Your pricing shall be provided on the Bid Schedule enclosed at Section B of this Solicitation document.

(2) TECHNICAL QUALIFICATIONS AND SUBMITTALS: The SUBMITTAL requirements are described at Section M of this Solicitation document.

(3) REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENT OF OFFERORS:

You are required to fully complete and submit the Representations and Certification enclosed herein along with your proposed pricing. SEE Section K of this Solicitation document.

E. SYSTEM FOR AWARD MANAGEMENT (SAM): Your firm must be registered in the System for Award Management in order to be awarded the resultant contract. Registration can be completed FREE on‐line at https://www.sam.gov.

F. BASIS FOR AWARD: The responsive, responsible contractor submitting the overall lowest price, demonstrating all required qualifications and obtaining all acceptable ratings will be eligible for the award. SEE SECTION M FOR THE EVALUATION CRITERIA.

G. INQUIRIES: Any inquiries may be provided to Kim Beard at kim.m.beard@usace.army.mil with a copy furnished to Gregory Hermsen at gregory.m.hermsen@usace.army.mil.

CONTRACTING POINTS OF CONTACT:

(Primary) Kim Beard, Contract Specialist

CHICAGO DISTRICT, CORPS OF ENGINEERS

231 South LaSalle Street, Suite 1500 (Contracting Branch)

Chicago, Illinois 60604

Tel: 312‐846‐5378

Email: kim.m.beard@usace.army.mil

(Alternate) Gregory M. Hermsen

CHICAGO DISTRICT, CORPS OF ENGINEERS

231 South LaSalle Street, Suite 1500 (Contracting Branch)

Chicago, Illinois 60604

Tel: 312‐846‐5376

Email: gregory.m.hermsen@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 10 Months Transportation of GFI Bundles

FFP

By this Line Item 0001, the Contractor shall provide Transportation of GFI Bundles #1 through #10 in accordance with the terms and conditions set forth under the Statement of Work - SEE Section C.

Payment will be made for costs associated with all Transportation of Operating Equipment - Main & Guard Gates, including Hydraulic Cylinders, Hydraulic Power Units, and Valve Manifold Assemblies from existing storage facility to new storage facility, including but not limited to;

transportation and setting up of cribbing or other temporary supports;

handling; securing; insurance; and any other measures or materials to transport the Operating Equipment to storage facility without damage, deterioration, or loss during the transportation.

FOB: Contractor Facility

PURCHASE REQUEST NUMBER: W81G66

NET AMT

0002 1 Job Storage and Inspection for GFI Bundles

FFP

By this Line Item 0002, the Contractor shall provide Storage and Inspection for GFI Bundles #1, #3, #4, #5, #6, #7 and #8 in accordance with the terms and conditions set forth in the enclosed Statement of Work - SEE Section C.

Payment will be made for costs associated with storage of Gates, Embedments, and Auxiliary Components, including but not limited to; storage facility; cribbing or other temporary supports;

handling; securing; insurance; incidental work involving maintenance during Storage of Gates, Embedments, and Auxiliary Components; and any other measures or materials to protect the Gates, Embedments, and Auxiliary Components from damage, deterioration, or loss during the storage period. If the actual cost of storage is less than the line item amount, the contract will be modified to adjust the line item accordingly.

The measured duration of storage will be in calendar months. Partial months at the beginning and end of the storage period will be counted as complete months.

0003 24 Months Storage and Inspection for GFI Bundles

FFP

By this Line Item 0003, the Contractor shall provide Storage and Inspection for GFI Bundles #2, #9 and #10 as delineated in the enclosed Statement of Work - SEE Section C.

Payment will be made for costs associated with storage of Operating Equipment - Main & Guard Gates, including Hydraulic Cylinders, Hydraulic Power Units, Valve Manifold Assemblies, and including but not limited to; storage facility; cribbing or other temporary supports; handling; securing; insurance; incidental work involving maintenance during Storage of Hydraulic Cylinders; inspection of the cylinders at regular intervals; and any other measures or materials to protect the cylinders or other operating equipment from damage, deterioration, or loss during the storage period. If the actual cost of storage is less than the line item amount, the contract will be modified to adjust the line item accordingly.

The measured duration of storage will be in calendar months. Partial months at the beginning and end of the storage period will be counted as complete months.

Section C - Descriptions and Specifications

STATEMENT OF WORK

TRANSPORTATION, STORAGE AND INSPECTION OF

McCOOK MAIN TUNNEL SYSTEM ‐ MAIN GATES & EQUIPMENT

STATEMENT OF WORK

PART 1 GENERAL

1.1 SCOPE

1.2 DEFINITIONS

1.2.1 Government Furnished Items

1.3 SUBMITTALS

PART 2 PRODUCTS

2.1 GOVERNMENT FURNISHED ITEMS

PART 3 EXECUTION

3.1 SHIPPING SCHEDULE

3.2 GFI EXISTING CONDITIONS SURVEY

3.3 HANDLING, STORAGE, POST STORAGE INSPECTION AND INVENTORY CONTROL

3.4 STORAGE ACCESS AND OVERHAUL BY OTHERS

PART 1 GENERAL

1.1 SCOPE

This specification provides requirements for acquiring, handling, transporting storing and inspecting Government Furnished Items (GFI) for the period commencing October 31, 2014 through October 31, 2016. During this storage period, the CUP‐McCook Reservoir Main Tunnel System contractor, Kiewit Infrastructure (‘KIC’ – awarded under Contract W912P6‐11‐C‐0014) will be responsible to load and transport the pre‐packaged bundles (see attachment) to their project site in Hodgkins, IL.

1.2 REFERENCES

The attachments listed below form a part of this specification to the extent referenced. The attachments are referred to within the text by their listed transmittal numbers.

Table of Delivery Bundles (pre‐packaged bundles 1 through 10) Vertical Lift Gates – Shipping, Handling and Storage Plan (Transmittal No. 35 20 16.53‐19.1) Hydraulic Power Unit & Cylinder Storage Data (Transmittal No. 41 24 27‐4.2)

1.3 DEFINITIONS

1.3.1 Government Furnished Items

Government Furnished Items (GFI) are major pieces of fabricated equipment (see attachment for list of GFI) that are provided by the Government.

1.3 SUBMITTALS

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. Submit the following in accordance with the requirements in this specification:

GFI Pre‐acquisition Submittals Existing Conditions Survey; G

GFI Inspection Checklists Long‐term Storage For Hydraulic Cylinders Checklist Long‐term Storage For Hydraulic Power Unit Checklist

PART 2 PRODUCTS

2.1 GOVERNMENT FURNISHED ITEMS

Items in this specification have been fabricated under a separate contract. The GFI are currently stored in Hillsboro, Oregon at the Morgan Industrial, Inc. warehouse. The Contractor must be responsible for obtaining items from Oregon Iron Works (OIW), packaging the items, loading them, and delivering the items to a storage facility within 150 miles of the current storage site. Contact information is as follows:

Contact information for USACE, Chicago District is:

Gregory R. Ulreich, P.E., Contracting Officer’s Representative 7601 S. LaGrange Road Willow Springs, IL 60480 Ph: 708‐467‐0380 Mobile: 630‐418‐0389 Email: gregory.r.ulreich@usace.army.mil Contact information for Oregon Iron Works Inc. is:

Thane Giles, P.E.

Oregon Iron Works, Inc.

9700 SE Lawnfield Road Clackamas, Oregon 97015 Ph: 503‐653‐6300 Email: tgiles@oregoniron.com Morgan Industrial, Inc. warehouse building is located at:

4825 NW 235th Avenue Hillsboro, OR 97124 Primary contact information for Morgan Industrial, Inc. is:

Erik Zander, Project Manager Ph: 503‐710‐1183 Email: erik@omegamorgan.com

Secondary contact information for Morgan industrial, Inc. is:

Matt Erwert, Warehouse Manager Ph: 971‐338‐3230 Email: matt.erwert@omegamorgan.com

PART 3 EXECUTION

3.1 SHIPPING SCHEDULE

The Contractor must commence work immediately, including packaging, loading, transporting and storing all bundles at the new facility by October 31, 2014.

3.2 GFI EXISTING CONDITIONS SURVEY

Prior to Contractor acquisition of GFI, the Contractor must survey the GFI to ensure that they are in acceptable condition. Check all stored fabricated steel components for:

a. Rust Blooms

b. Standing Water or Condensation

c. Paint Degradation

d. Correct level of rust inhibitor in required areas

e. Correct level of grease/lubricant present in required areas

f. Wheels must be rotated

g. Any other defect that might impair the function of the gates

Refer to section Transmittal No. 41 24 27‐4.2 for certification requirements for hydraulic cylinders and hydraulic power units.

Findings and repairs made must be reported to the Contracting Officer’s Representative. The Contractor must perform an inventory count to ensure all GFI parts are accounted for.

3.3 HANDLING, STORAGE, POST STORAGE INSPECTION AND INVENTORY CONTROL

The Contractor must follow all requirements in the attached Transmittal Nos. 35 20 16.53‐19.1 and 41 24 27‐4.2) for all handling, storage and post storage inspection and inventory control of the GFI. Note that all GFI requirements must be followed in accordance with the long term storage procedures in the transmittals attachments listed above. The Contractor must make provisions to ensure that, at all times during packaging and delivery, that the components are protected from damage and maintain the proper alignment. Maintaining proper alignment is critical for the wheel guide embedments and the gates. Rubber seals shall not be distorted during handling. Major GFI must not be stacked.

Consumables required for storage are discussed in the above transmittals.

The fabricated steel components and assemblies are to be lifted using standard lifting practices. Refer to the shop drawings or the attached Table of Delivery bundles for AISC weights of all fabricated items. Lift the fabricated steel components and assemblies from eyes or lifting lugs per the shop drawings or forklifts with fork protection. Slings are to be used to protect the painted surfaces during lifting and handling. The use of chains and bow shackles is only permitted if using the lifting lugs on the gate panels. The Gate Panels are never to be lifted or strapped using the wheel and axle assemblies.

The cylinders must be stored indoors and protected against the direct influence of the weather and be stored in dry and well‐ventilated conditions. Condensation must be prevented. Store the cylinders in a dry room with a relative humidity of less than 70% and a temperature of greater than 41 degrees F. The storage room must be free of any corrosive vapors. The cylinders have been properly packaged from the factory with all necessary packaging and protection.

The rubber seals are to be stored in an indoor, dry area without condensation and which permits free circulation of air and a temperature not exceeding 70 degrees F and no direct sunlight. The rubber seals shall be dept free of oils, grease, and other materials that would deteriorate the rubber. The rubber seals shall be stored flat.

3.4 STORAGE ACCESS AND OVERHAUL BY OTHERS

During the period of performance of this contract, the CUP‐McCook Reservoir Main Tunnel System contractor, Kiewit Infrastructure (KIC) (and/or their shipping sub‐contractor), will require access to the storage facility in order to load specific bundle(s) as described above and in the attachment for the completion of their contract. KIC will notify the storage contractor with a minimum of thirty (30) days notice prior to loading the specified bundles. KIC will arrange for pickup at the storage facility and will be responsible for all labor and equipment required to load the bundles. The storage facility Contractor will provide access for all bundles requiring pick up. For planning purposes only, KIC’s anticipated schedule for shipping all bundles is as follows (this schedule is subject to change):

Bundles #3, #4 and #5 (May 2015 – August 2015)

Bundles #1 and #7 (August 2015 – October 2015)

Bundles #6 and #8 (June 2015 – July 2015)

Bundle #2 (March 2016)

Bundles #9 and #10 (May 2016 – June 2016)

Additionally, the hydraulic cylinders (6 total) will require an overhaul prior to KIC shipping those to the project site. The Government will arrange for the overhaul of the cylinders at least sixty (60) days prior to the overhaul technicians requiring access. During this overhaul period, the storage facility Contractor must provide access to the facility during normal business hours for the duration of the overhaul. The cylinders will then be shipped by KIC immediately following the overhaul.

END OF STATEMENT OF WORK

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 252.246-7000 Material Inspection And Receiving Report MAR 2008

Section F - Deliveries or Performance

52.247-30 F.O.B. Origin, Contractor's Facility FEB 2006

CLAUSES INCORPORATED BY FULL TEXT

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(a) Definitions.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

"Correction," as used in this clause, means the elimination of a defect.

"Supplies," as used in this clause, means the end items furnished by the Contractor and related services required under this contract. The word does not include "data."

(b) Contractor's obligations. (1) The Contractor warrants that for a period of four (4 )calendar years from the date of acceptance by the contracting officer that all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's warranty shall extend to the modification or other work. All manufactured gate parts and operating components, regardless of origin of fabrication or assembly, must be under warranty for a period of not less than four (4) calendar years from the date of acceptance by the Contracting Officer. The date of acceptance shall be established by the completion and final payment of all work by the Contractor, including fabrication and storage of all gates, gate frames, and all other operating components, specifically including the hydraulic cylinders.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the nonavailability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return.

(6) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government. (1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price--

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 30 CALENDAR DAYS AFTER THE DISCOVERY OF THE DEFECT. The Contractor shall submit to the Contracting Officer a written recommendation within 30 CALENDAR DAYS as to the corrective action required to remedy the breach. After the notice of breach, but not later than 30 CALENDAR DAYS after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause shall be 45 CALENDAR DAYS from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 45 CALENDAR DAYS thereafter.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of clause)

Section H - Special Contract Requirements

GOVERNMENT FURNISHED ITEMS:

GOVERNMENT FURNISHED ITEMS- GATES

A. By way of OREGON IRON WORKS, INCORPORATED (USACE-CHICAGO DISTRICT CONTRACTOR), as located at 9700 SE LAWNFIELD ROAD CLACKAMAS OREGON 97015- 76362, the government will be furnishing to the Contractor the items delineated at the Statement of Work.

Point of Contact at Oregon Iron Works:

Thane Giles, P.E.

Oregon Iron Works, Inc.

9700 SE Lawnfield Road Clackamas, Oregon 97015

B. The contractor is the responsible party for all transportation arrangement costs and any other additional costs associated with the transportation of the government furnished items;

therefore, the GOVERNMENT is not responsible for paying any transportation costs associated with the shipping/delivery of the government furnished items.

C. The government is authorizing regular freight classification that does not permit the shipment of dangerous or hazardous materials.

D. The following Clauses (52.245-1 ALT I, 52.246-1, & 52.247-55) are applicable to the aforementioned undertaking by the Contractor and are incorporated into Section H of the Solicitation document and will be incorporated into the resulting Contract Section H.

Notwithstanding the provisions of these Clauses, the Contractor is responsible, where applicable, for complying with the terms and conditions of Contract Clause Contract Clause 252.246-7000, “MATERIAL INSPECTION AND RECEIVING REPORT, ” as located herein and will be incorporated into Section E of the Contract.

52.245-1 GOVERNMENT PROPERTY (APR 2012) ALTERNATE I (APR 2012)

(a) Definitions. As used in this clause—

“Cannibalize” means to remove parts from Government property for use or for installation on other Government property.

“Contractor-acquired property” means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

“Contractor inventory” means—

(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;

(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government;

and

(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.

“Contractor’s managerial personnel” means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—

(1) All or substantially all of the Contractor’s business;

(2) All or substantially all of the Contractor’s operation at any one plant or separate location; or

(3) A separate and complete major industrial operation.

“Demilitarization” means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.

“Discrepancies incident to shipment” means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.

“Equipment” means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

“Government-furnished property” means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

“Government property” means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

“Loss of Government property” means unintended, unforeseen or accidental loss, damage or destruction to

Government property that reduces the Government’s expected economic benefits of the property. Loss of

Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to—

(1) Items that cannot be found after a reasonable search;

(2) Theft;

(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

“Material” means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.

Material does not include equipment, special tooling, special test equipment or real property.

“Nonseverable” means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.

“Precious metals” means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.

“Production scrap” means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.

“Property” means all tangible property, both real and personal.

“Property Administrator” means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to

Government property in the possession of a Contractor.

“Property records” means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

“Provide” means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

“Real property” See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

“Sensitive property” means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

“Unit acquisition cost” means—

(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract;

and

(2) For contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.

(b) Property management.

(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).

(2) The Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).

(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.

(4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the

Property Administrator.

(c) Use of Government property.

(1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.

(2) Modifications or alterations of Government property are prohibited, unless they are—

(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;

(ii) Required for normal maintenance; or

(iii) Otherwise authorized by the Contracting Officer.

(3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Contracting Officer.

(d) Government-furnished property.

(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract.

The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.

(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the

Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.

(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor’s timely written request, consider an equitable adjustment to the contract.

(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor’s timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government’s expense.

Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).

(iii) The Government may, at its option, furnish property in an “as-is” condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor’s expense.

(3)

(i) The Contracting Officer may by written notice, at any time—

(A) Increase or decrease the amount of Government-furnished property under this contract;

(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or

(C) Withdraw authority to use property.

(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor’s timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.

(e) Title to Government property.

(1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the

Government under this paragraph (collectively referred to as “Government property”), is subject to the provisions of this clause. The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall

Government property become a fixture or lose its identity as personal property by being attached to any real

(2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.

(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable contract line items under Fixed-Price contracts.

(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor’s delivery of such

(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the

Government upon—

(A) Issuance of the property for use in contract performance;

(B) Commencement of processing of the property for use in contract performance; or

(C) Reimbursement of the cost of the property by the Government, whichever occurs first.

(f) Contractor plans and systems.

(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:

(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations.

(ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment.

(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.

(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.

(iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property.

(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:

(1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or disposition), and other data elements as necessary and required in accordance with the terms and conditions of the contract.

(2) Quantity received (or fabricated), issued, and balance-on-hand.

(3) Unit acquisition cost.

(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).

(5) Unit of measure.

(6) Accountable contract number or equivalent code designation.

(7) Location.

(8) Disposition.

(9) Posting reference and date of transaction.

(10) Date placed in service (if required in accordance with the terms and conditions of the contract).

(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the

Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption.

(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the

Contractor’s system or the property is to be transferred to a follow-on contract).

(v) Subcontractor control.

(A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property.

(B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor’s property management system.

(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self-assessments, corrective actions, and other property-related reports as directed by the Contracting Officer.

(vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations.

(A) This process shall include the corrective actions necessary to prevent recurrence.

(B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the

Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information:

(1) Date of incident (if known).

(2) The data elements required under (f)(1)(iii)(A).

(3) Quantity.

(4) Accountable contract number.

(5) A statement indicating current or future need.

(6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs.

(7) All known interests in commingled material of which includes Government material.

(8) Cause and corrective action taken or to be taken to prevent recurrence.

(9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated.

(10) Copies of all supporting documentation.

(11) Last known location.

(12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified.

(C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when—

(1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property

Administrator;

(2) Property Administrator grants relief of responsibility and liability for loss of Government property;

(3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or

(4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause.

(viii) Utilizing Government property.

(A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance.

(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government material with material not owned by the Government.

(ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation.

(x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases;

physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs.

(2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment.

(g) Systems analysis.

(1) The Government shall have access to the Contractor’s premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor’s property management plan(s), systems, procedures, records, and supporting documentation that pertains to Government property. This access includes all site locations and, with the Contractor’s consent, all subcontractor premises.

(2) Records of Government property shall be readily available to authorized Government personnel and shall be appropriately safeguarded.

(3) Should it be determined by the Government that the Contractor’s (or subcontractor’s) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administer and take all necessary corrective actions as specified by the schedule within the corrective action plan.

(4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor’s property management plan, systems, procedures, records, and supporting documentation that pertains to Government

(h) Contractor Liability for Government Property.

(1) The Contractor assumes the risk of, and shall be responsible for, any loss of Government property upon its delivery to the Contractor as Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract.

(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19.

(ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the

Contractor’s managerial personnel.

(iii) The Contracting Officer has, in writing, revoked the Government’s assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor’s property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action.