W912P6-16-T-0010_Solicitation_-_Chiller_Rental.pdf

SEE ADDENDUM

(No Collect Calls)

W912P6-16-T-0010 28-Mar-2016

b. TELEPHONE NUMBER

312.846.5404

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 07 Apr 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ERICKA D HILLARD

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81G6660553522

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 BUSINESS X

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

U. S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

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

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

32,500,000.00

NAICS:

532490

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.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF63

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.

W912P6-16-T-0010

Section A - Solicitation/Contract Form

PROCUREMENT SPECIFICS

PROCUREMENT INFORMATION

1. Government Requirement: By way of this Request for Quotation (Solicitation), the U.S. Army Corps of Engineers, Chicago District, is seeking quotes for RENTAL OF 100 TON CHILLER AND ANCILLARY EQUIPMENT, Dispersal Barrier IIA, located at 790 East Old Romeo Road, Lockport, Illinois, AS

DESCRIBED IN THE ATTACHED SCOPE OF WORK (SECTION C).

2. System for Award Management (SAM): Contractors must be registered in the System for Award Management (SAM) TO RECEIVE AN AWARD FOR THIS ACQUISTION, and must be registered in SAM with North American Industry Classification System (NAICS) Code 532490 - Other Commercial and Industrial Machinery and Equipment Rental and Leasing. Registration can be completed on-line at https://www.sam.gov. This is a free web site that consolidates the capabilities will use to register in SAM/FedReg, ORCA, and EPLS.

3. Competition: This solicitation is set-aside for Women-Owned Small Businesses (firms registered with the applicable NAICS code and status – i.e. WOSB) Again, the applicable NAICS code is 532490 with a Small Business size standard of $32.5M in average annual receipts. Method of calculation is found at Code of Federal Regulations 13 CFR Section 121.104.

4. Submittal Instructions and Due Date:

(Also see Section L, Clause 52.212-1, Instructions to Offerors - Commercial Item)

a. Required Submittals in Response to This Solicitation: (1) Signed Quote (Page 1 of this Solicitation, blocks 30a, 30b, 30c). (2) A fully completed Bid Schedule (Section B of this Document) with a price provided for line item 00001. (3) Fully completed “Representations and Certifications” (Section K of this Document). W912P6-16-T-0010.

b. PRICE QUOTE DUE DATE AND TIME: The Contractor shall submit QUOTE and required submittals to Ericka Hillard, via email ericka.d.hillard@usace.army.mil no later than 4:30 P.M.

CDT on April 7, 2016.

c. NOTE: IN THE SUBJECT LINE OF EMAILS, INDICATE THE FOLLOWING:

“Solicitation Number W912P6-16-T-0010, Chiller Rental Fish Barrier IIA.”

SPECIAL NOTE: Any electronic files (EMAIL) of the quotes CANNOT EXCEED this Agency's size limit of 20MB (includes email and its attachment); files exceeding this size will be denied access to the aforementioned email boxes.

5. Additional Requirements: The Contractor is also required to fully complete and submit FAR Provision 52.212-3 “OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS” that are located in Section K of this Solicitation (RFQ).

6. Submittal: ALL REQUIRED SUBMITTAL DOCUMENTS (BID SCHEDULE, SIGNED QUOTE, AND REPRESENTATIONS AND CERTIFICATIONS) MUST BE SENT TO THE ATTENTION OF

ERICKA D. HILLARD BY EMAIL TO ericka.d.hillard@usace.army.mil,

7. CONTRACT AWARD: TO BE ELIGIBLE FOR AWARD, THE CONTRACTOR MUST

FULLY COMPLY WITH THE REQUIREMENTS ABOVE. THE GOVERNMENT INTENDS TO

AWARD a firm-fixed-priced contract. A firm-fixed-priced contract will be awarded to the responsive and responsible contractor submitting the lowest aggregate price for the items included in the Bid Schedule.

SPLIT OR MULTIPLE AWARDS WILL NOT RESULT FROM THIS ACQUISITION.

8. Dates of Service: 1 MAY 2016 until 31 OCT 2016, with an option for the month of November 2016.

9. Contractual Point of Contact:

Ericka D. Hillard U.S. Army Corps of Engineers, Chicago District 231 South LaSalle Street, Suite 1500 Chicago, IL 60604 Telephone: 312-846-5378 ericka.d.hillard@usace.army.mil

10.Alternate POC – Wesley D. Dewar (Dale) Email: Wesley.D.Dewar@usace.army.ml or Telephone: 312-846-5370 (Dale)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Months Base Period for Chiller Rental Service

FFP

FY16 Barrier IIA 100 Ton Chiller Rental FOB: Destination

PURCHASE REQUEST NUMBER: W81G6660553522

NET AMT

0001AA 6 Months 100 Ton Air Cooled Chiller

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0001AB 6 Months 300 GPM Pump

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0001AC 6 Months 200kW Diesel Generator

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0001AD 6 Months 1,100 Gallon Diesel Fuel Tank

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0001AE 1 Lot Miscellaneous Equipment and Materials

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0001AF 1 Job Roundtrip Frieght

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0001AG 1 Job Equipment Set-Up and Tear-Down

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0002 Months Option Period for Chiller Rental Serice

FFP

FY16 Barrier IIA 100 Ton Chiller Rental Option Provisions: Sub-Items 0002AA through 0002AE may be exercised at the discretion of the Government and may be awarded within 14 days prior to the ending date of the Base Period.

0002AA 1 Months 100 Ton Air Cooled Chiller

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0002AB 1 Months 300 GPM Pump

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0002AC 1 Months 200kW Diesel Generator

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0002AD 1 Months 1,100 Gallon Diesel Fuel Tank

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

0002AE 1 Lot Miscellaneous Equipment and Materials

FFP

FY16 Barrier IIA 100 Ton Chiller Rental

Section C - Descriptions and Specifications

CHILLER STATEMENT OF WORK

SCOPE OF WORK

Rental of 100 Ton Chiller and Related Equipment

Dispersal Barrier IIA

Section 1: General Requirements

1.1 General

1.1.1 The contractor shall furnish and deliver all labor, services, tools, supplies, materials and rental equipment for the installation, servicing, and operation of a temporary chiller cooling system for Dispersal Barrier IIA located at 790 East Old Romeo Road, Lockport, Illinois 60441.

1.1.2 The base contract period of performance is six (6) months commencing no later than 1 May 2016. An additional one (1) month option period may be awarded at the government’s discretion.

1.2 Safety and Health

1.2.1 All work shall be performed in accordance with EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual dated 14 November 2015. The basic requirements for all safety related submittals are located in Section 1 of the EM 385-1-1.

1.2.2 A Health and Safety Plan shall be submitted to and accepted by the Contracting Officer’s Representative (COR) within five days after receiving contract award.

1.2.3 An Accident Prevention Plan (APP), including an Activity Hazard Analysis, shall be submitted and accepted, by the COR, in accordance with Appendix A, paragraph 11 of EM 385- 1-1, 14 November 2015. The contractor will not be allowed to deliver and install the chiller equipment at the project until the plan is accepted by the COR. At a minimum, the APP shall address the following areas.

a. Title, signature, and phone number of the plan preparer.

b. Background Information to include: Contractor; Contract number; Project name; Brief project description, description of work to be performed, and location (map); The project description shall provide a means to evaluate the work being done (see AHA requirements in 01.A.13 of EM 385-1-1) and associated hazards involved. Contractor’s APP shall address the identified hazards involved and the control measures to be taken.

c. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthful workplace for all employees.

d. Responsibilities and Lines of Authorities – to include a state of the employer’s ultimate responsibility for the implementation of his/her safety occupational health (SOH) program; Identification and accountability of personnel responsible for safety at all levels to include designated site safety and health officer (SSHO) and associated qualifications.

e. Training – new hire SOH orientation training at the time of hire of each new employee and periodic retraining/recertification requirements.

f. Procedures for job site inspection – assignment of responsibilities and frequency.

g. Procedures for reporting and investigating any accidents as soon as possible, but not more than 24 hours afterwards to the Contracting Officer/Representative. An accident that results in a fatal injury, permanent partial or permanent total disability shall be immediately reported to the Contracting Officer.

h. Emergency Planning. Employees working alone shall be provided an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

i. First Aid and CPR training (30.A.02 of EM 385-1-1). Employees who are required to work alone shall be trained in first aid. At least two (2) employees required to work in a group of two (2) or more employees shall be trained in both first aid and cardiopulmonary resuscitation (CPR).

j. Personal Protective Equipment

1. Work Clothing – Minimum Site Requirements. Employees shall wear clothing suitable for the weather however minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and safety-toed shoes.

2. Eye Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed.

3. Hearing Protection. Hearing protection must be worn by all those exposed to high noise activities.

4. Head Protection. Hard hats shall comply with ANSI Z89.1 and shall be worn by all employees when on-site.

5. High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn on-site.

6. Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts, abrasions, punctures, burns, electric shocks, and chemical irritants.

k. Control of Hazardous Energy (Lockout/Tag out). Before an employee performs any servicing or maintenance on any equipment where the unexpected energizing or startup of the equipment could occur, procedures must be in place to ensure control of this energy.

1.2.4 All electrical work performed on-site shall conform to National Electric Code requirements.

1.2.5 Stray electrical ground currents may be present within the designated work area. The intensity of the stray current varies depending on environmental conditions and the conductivity of the canal water. The contractor shall take all necessary precautions to safe guard their employees and equipment throughout the contract period of performance.

1.2.6 The contractor is responsible for ensuring that all workers comply with EM 385-1-1 and the Health and Safety Plan at all times throughout the contract period of performance.

Section 2: Site Visit

2.1 The contractor shall visit the site to ensure the chiller, pumps, generator, fuel tank, and related appurtenances fit within the designated work area.

2.2 Site visits can be arranged by contacting Nick Karnezis (312) 375-8418 or John McGowan

(312) 860-7179 during normal weekday 8 AM to 4 PM business hours.

Section 3: Security Requirements

3.1 Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Section 4: Furnished Equipment

4.1 100 Ton Air-Cooled Chiller - Furnish one 100 Ton air cooled chiller. The air-cooled chiller shall have a nominal rating of 100 tons at 95 degree F ambient, 55 EWT, and 45 LWT. The chiller shall be operated at 300 GPM using the water supplied in the Fish Barrier cooling tank.

The chiller shall be capable of maintaining a constant cooling tank temperate of 65 degrees Fahrenheit.

4.2 Pump - Furnish and install one 300 gallon per minute (GPM) commercial pump to support the operation of the 100 ton chiller described above. The 300 pump can be a separate standalone pump or can be included as a built in feature of the air cooled chiller unit.

4.3 Diesel Generator - The contractor shall furnish one 200KW diesel powered generator with an extended run fuel tank capable of delivering fuel to power for the air cooled chiller and associated pump for a minimum of five (5) consecutive days at a time. The fuel tank shall, at a minimum, consist of a double wall metal tank with an approximate 1,100 gallon storage capacity.

4.4 Miscellaneous Equipment and Materials - Furnish and install all hoses, quick connects, electrical wiring, Cam-Locks, pigtails, and required equipment to connect and energize the temporary chiller cooling system to the barrier’s existing concrete cooling tank.

4.5 At a minimum, the 100 ton chiller, 300 GPM pump, and 1,100 gallon fuel tank shall be set up on the back of a single 40 feet long flatbed trailer. If space is available, the 200 KW generator can be included on the back of the trailer. If space is not available, use of stand-alone 200 KW generator is acceptable. The 40 feet long flatbed trailer, along with the chiller equipment, shall remain on-site for the entire duration of the contract.

4.6 Payment for the rental of the above items shall be made monthly at the accepted contract unit prices upon the receipt of invoice. All freight charges for the delivery and removal of the above items to and from the site shall be paid separately at the completion of each phase of the work upon the receipt of invoice.

Section 5: Installation

5.1 The chiller, pump, generator, fuel tank, related appurtenances and 40 feet flatbed trailer shall be located outside of the fish barrier’s east fence line near the cooling tank located south of the fish barrier 2A building.

5.2 The vendor shall deliver and set-up the above equipment on the back of the single self-contained 40 feet long flatbed trailer. The trailer/equipment shall be left parked on-site for the duration of the contract. The placement of the trailer/equipment shall be coordinated with the COR prior to connecting the chiller’s hoses to the cooling tank. The chiller’s suction hose shall pump water from the south end of the cooling tank reservoir through the chiller. The chiller’s discharge hose shall supply chilled water into the north end of the cooling tank reservoir. The chiller shall be set to an operating temperature of no lower than 65 degrees Fahrenheit.

5.3 The placement of the cooling system’s hoses into the barrier’s concrete cooling tank shall not interfere or restrict access to the barrier building.

5.4 The contractor shall be responsible for the initial set-up, installation, testing, and final tear-down and removal of all rented equipment from the site.

5.5 Payment for the above items shall be made separately at the completion of each phase of the work upon the receipt of invoice.

Section 6: Servicing of Rented Equipment

6.1 The contractor shall be responsible for maintaining and serving the chiller, pump, generator, and related appurtenances throughout the contract period of performance. The services shall include performing the routine monthly inspection and maintenance of the chiller, generator, pump, and all related appurtenance and providing 24/7 emergency repair services.

6.2 The contractor shall promptly dispatch a qualified mechanic/technician to arrive onsite within one (1) hour of receiving telephone notification from the COR, or designated Corps of Engineer representatives, of an equipment breakdown and/or malfunction 24 hour per days, seven days per week.

6.3 The contractor shall furnish a 24 hour emergency service dispatch telephone number to the COR within 5 days of the award of the contract. The 24 hour emergency telephone number shall be answered, in person, by a contractor employee who is authorized to dispatch the mechanic/technician directly to the site.

6.4 Payment for the above services shall be made monthly at the accepted contract unit price upon the receipt of invoice.

Section 7: Diesel Fuel Delivery Service

7.1 Diesel fuel delivery services are not required under this solicitation. Diesel fuel will be obtained, by the Fish Barrier operations staff, from suppliers accepting the government Wright Express credit card.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

Section F - Deliveries or Performance

DELIVERY

The contractor shall furnish and deliver all labor, services, tools, supplies, materials and rental equipment for the installation, servicing, and operation of a temporary chiller cooling system for Dispersal Barrier IIA located at 790 East Old Romeo Road, Lockport, Illinois 60441.

Dates of Service: 1 MAY 2016 until 31 OCT 2016, with an option for the month of November 2016.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.222-50 Combating Trafficking in Persons MAR 2015 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2015

252.247-7023 Transportation of Supplies by Sea APR 2014

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities.

Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern.

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

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

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

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.

(D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)

This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

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

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

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

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

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

and

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

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

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

(A) Change the name in the SAM database;

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

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

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

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

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the Contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-99 System for Award Management Registration (August 2012) (DEVIATION)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

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

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

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

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

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

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

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

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

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

(g)

(1)

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

(A) Change the name in the SAM database;

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

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

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

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

(End of Clause)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes.