RFQ_W912P616T0029_PORTLAND_DRY_CEMENT.pdf

SEE ADDENDUM

(No Collect Calls)

W912P6-16-T-0029 02-Aug-2016

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 05 Aug 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

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

W81G6661584478

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

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

X SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 312.846.5371 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

NAICS:

327999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF51

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-0029

Section A - Solicitation/Contract Form

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 Portland Cement Type II (dry), 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 ACQUISITION, and must be registered in

SAM with North American Industry Classification System (NAICS) Code 327999 – All Other

Miscellaneous Nonmetallic Mineral Product Manufacturing with size standard of 500 employees. Registration can be completed online at https://www.sam.gov.

3. Competition: This solicitation is for Unrestricted Full and Open Competition. The applicable NAICS code is 327999 with a Small Business Size Standard of 500 employees.

Although offerors are encouraged to provide the product of small businesses, it is not mandatory for this solicitation with the competition method set at Unrestricted, Full and Open

Competition.

4. CLIN Items 0002 and 0003 are Option Items. Quote Evaluations will be based upon the total of all base items and all option items, i.e. CLINS 0001, 0002, and 0003.

a. AT THE GOVERNMENTS DISCRETION, IT MAY AWARD ANY, ALL, OR NONE OF THE ITEMS WITHIN

40 CALANDAR DAYS OF THE CONTRACTOR’S ACCEPTANCE OF THE AWARD. IF AWARDED, THE

CONTRACTOR WILL NOT BE GIVEN ANY ADDITIONAL DAYS OF PERFORMANCE BEYOND WHAT IS

STATED IN PERIOD OF PERFORMANCE.

b. DELIVERIES:

i. ITEM 0001AA – COMMENCEMENT FROM 1‐20 DAYS AFTER THE CONTRACTOR’S

ACCEPTANCE OF PURCHASE ORDER (AWARD).

ii. ITEM 0002AB – COMMENCEMENT FROM 20 TO 45 DAYS AFTER THE

CONTRACTOR’S ACCEPTANCE OF PURCHASE ORDER (AWARD).

c. OPTIONS WILL BE AWARDED WITHIN THE FOLLOWING SCHEDULE:

i. IF EXERCISED, OPTION ITEM "0002,” WILL BE AWARDED WITHIN TWENTY

CALENDAR DAYS FROM THE CONTRACTOR’S ACCEPTANCE OF AWARD.

ii. IF EXERCISED, OPTION ITEM “0003,” WILL BE AWARDED WITHIN THIRTY‐

FIVE CALENDAR DAYS FROM THE CONTRACTOR’S ACCEPTANCE OF AWARD.

d. EVALUATION OF OPTIONS WILL NOT OBLIGATE THE GOVERNMENT TO EXERCSE THE

OPTION(S).

5. AWARD: The award of a firm fixed‐price Contract will result from this solicitation. The government will be awarding the resulting purchase order to “one” contractor, who is determined responsive to the Solicitation requirements; considered a responsible contractor per Part 9 of the Federal Acquisition Regulation and has submitted the lowest aggregate price

(fair and reasonable) for all bid items (includes options). The government will apply the price evaluation criteria at FAR Clause 52.219‐4, Notice of Price Evaluation preferences for HUBZone

Small Business Concerns ‐‐ SEE Section K of this document.

6. RESPONSE DUE DATE: All Price Quotes & deliverables shall be furnished via email no later than noon CDT on 05‐AUGUST‐2016.

7. Submittal Instructions: Required Submittals in Response to This Solicitation:

(1) A signed Quote ((on corporate/company letter head)

(2) A fully completed Bid Schedule (Section B of this Document) with a price provided

For Base line item 0001AA, 0001AB, and Option Items 0002 and 0003.

(3) Fully completed “Representations and Certifications” (Section K of this Document).

8. Where to Submit: EMAIL TO THE ATTENTION OF Thomas J. Russell at:

thomas.j.russell@usace.army.mil.

IMPORTANT NOTE: IN THE SUBJECT LINE OF YOUR EMAIL, PLEASE INDICATE THE FOLLOWING:

“SOLICITATION NUMBER W912P6‐16‐T‐0029, PORTLAND CEMENT TYPE II ”

‐‐ SPECIAL NOTE: Any electronic files CANNOT EXCEED this Agency’s size limit of 20MG (includes email and its attachment); files exceeding this size will be denied access to the aforementioned email box.

9. CONTRACTUAL POINT OF CONTACT:

Thomas J. Russell U.S. Army Corps of Engineers, Chicago District 231 South LaSalle Street, Suite 1500 Chicago, IL 60604 Telephone: 312‐846‐5376 thomas.j.russell@usace.army.mil

Alternate POC – Wesley D. Dewar (Dale) Email: wesley.d.dewar@usace.army.mil Telephone: 312‐846‐5370 (Dale)

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CEMEMT MATERIAL AND DELIVERY

FFP

This is a Parent Line Item identifying the work that relates directly to its Sub-line Items 0001AA through 0001AB; the Sub-line items themselves identify the quantities required to perform said work. Therefore, the Contractor shall provide its pricing separately at Sub-items 0001AA through 0001AB.

PURCHASE REQUEST NUMBER: W81G6661584478

NET AMT

0001AA 325 Net Ton

(2,000 LB)

PORTLAND CEMENT TYPE II (DRY)

FFP

Furnish, and deliver by truck to the Chicago Harbor Lock and Dam Portland Cement (DRY). SEE Section C of this document for the exact delivery/address location.

0001AB 325 Net Ton

PORTLAND CEMENTTYPE II (DRY)

Furnish, and deliver by truck to Michigan City Harbor Portland Cement (DRY). SEE Section C of this document for the exact delivery/address location.

0002 50 Net Ton

OPTION PORTLAND DRY CEMENT TYPE II (OPTION I)

Furnish, and deliver by truck at the Chicago Harbor Lock and Dam. SEE Section C of this document for the exact delivery/address location.

0003 50 Net Ton

OPTION PORTLAND DRY CEMENT TYPE II (OPTION II)

Furnish and deliver by truck to Michigan City Harbor - Portland Cement (DRY).

SEE Section C of this document for the exact delivery/address location.

Section C - Descriptions and Specifications

SCOPE OF WORK

C.1 GENERAL

C.1.1 PURPOSE

The cement acquired by this purchase will be used in the preparation of a cement grout product to be used in the repair of Chicago and Michigan City Harbor Breakwater Structures. All days referenced within this specification are calendar days unless specifically defined otherwise.

C.1.2 SCOPE

The work to be completed includes the supply, delivery and offloading of Type II Portland Cement to a Corps of Engineers supplied cement silo located on the Crane Barge Manitowoc (C-B-M). The Contractor shall be responsible for providing all necessary equipment (i.e. cement dryer/blower system), hoses of an appropriate length and all hose connections to transferring the cement material from the Contractor’s bulk material storage container to the Corps of Engineers provided cement silo (capacity 27 tons) located on the Corps of Engineers C-B-M. The Contractor will be responsible for the periodic reloading of the cement silo upon the request of the COR (up to 26 tons daily for a period of 8 days followed by a period of 6 consecutive days off depending on the work schedule and weather days) until the quantity of cement order under this scope of work has been exhausted. The Contractor shall also be required to restock the cement silo within 24hrs of the COR’s request for additional cement. At the end of the project if any Portland Cement remains unused and upon the request of the COR, the Contractor will be responsible for the offloading and disposal of this remaining Portland Cement from the cement silo located on the Corps of Engineers C-B-M at no additional cost.

C.1.3 REFERENCES

The following publications of the issues listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by reference thereto:

AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)

ASTM C 150 (2004a) Portland Cement

ASTM C 204 (2000) Fineness of Hydraulic Cement

US ARMY CORPS OF ENGINEERS

EM 385-1-1 (15 September 2008) Safety and Health Requirements Manual

C.1.4 LOCATION

There are two (2) delivery points associated with this Scope of Work. The first delivery location is the Chicago Harbor Lock and Dam. The street address is: 108 North Streeter Drive, Chicago, Illinois 60611. The second delivery location is Michigan City Harbor, Michigan City, Indiana 46360. The nearest street address is: 200 Heisman Harbor Road, Michigan City, Indiana 46360.

C.1.5 COORDINATION

The Contractor shall coordinate the deliveries of Portland Cement to the Chicago Harbor Lock and Dam and Michigan City Harbor with the contract Technical Point-of-Contact (TPOC). The TPOC is Jeffrey MacDonald, or any other individual subsequently designated by the Contracting Officer. Mr. MacDonald contact information is:

US Army Corps of Engineers, Chicago District, Construction Operations Technical Support Section, 231 S. LaSalle Street, Suite 1500, Chicago, Illinois 60660, phone no. 312-846-5429, cell phone 312-813-2167 or jeffrey.a.macdonald@usace.army.mil

C.1.6 INSPECTION AND ACCEPTANCE

The Contractor’s performance regarding the quality and quantity of Portland Cement delivered, and any documentation or written material in support thereof, shall be subject to inspection, review and acceptance by Technical Point-of-Contact (TPOC).

C.1.7 SUBMITTALS

The Contractor shall make submittals as required by the contract specifications. The Contracting Officer may request submittals in addition to those specified, if a situation arises and additional submittals are deemed necessary to adequately describe the work covered in the respective sections. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Two (2) copies of each submittal shall be sent to the following address: US Army Corps of Engineers, Chicago District, 231 S. LaSalle Street, Suite 1500, Chicago, IL 60604, or the documents may be submitted electronically as .pdf files.

1.7.1 SUBMITTAL PROCEDURES

The following provisions govern the review process for all submittals provided to the Government by the Contractor:

1.7.1.1 SUBMITTAL CLASSIFICATION

Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only.

1.7.1.2 APPROVED SUBMITTALS

The Contracting Officer's approval of submittals shall not be construed as a complete check, but will indicate only that the general materials, details, or other pertinent information is satisfactory. Approval will not relieve the Contractor of the responsibility for any error that may exist, as the Contractor is responsible for satisfying the conditions presented within this contract.

1.7.1.3 DISAPPROVED SUBMITTALS

The Contractor shall make all corrections required by the Contracting Officer, and promptly furnish a corrected submittal in the form and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, a notice in accordance with the Contract Clause "Changes" shall be given promptly to the Contracting Officer.

1.7.1.4 SCHEDULING

Adequate time (a minimum of 5 calendar days exclusive of mailing time) shall be allowed for review and approval of all submittals. No delay damages or time extensions will be allowed for time lost in late submittals by the Contractor.

1.7.1.5 GOVERNMENT APPROVED SUBMITTALS

Upon completion of review of submittals requiring Government approval, the submittals will be identified as having received approval by being so stamped and dated. One (1) copy of the submittal will be retained by the Contracting Officer, and one (1) copy of the submittal will be retained by the Technical POC. The contractor will be notified electronically via email of submittal approval.

1.7.1.6 INFORMATION ONLY SUBMITTALS

Normally, submittals requested for information only will not be returned. Approval of the Contracting Officer is not required on information only submittals. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the contract requirements. This does not relieve the Contractor from the obligation to furnish material conforming to the specifications, will not prevent the Contracting Officer from requiring removal and replacement of nonconforming material provided by the Contractor, and does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or for check testing by the Government in those instances where the technical specifications so prescribe.

1.7.2 SPECIFIC SUBMITTAL ITEMS

The following documents shall be submitted:

SD-01 DELIVERY SPECIFIC DOCUMENTS

C.1.7.2.1 INVOICES AND DELIVERY RECEIPTS; G

After a delivery of cement is completed, the Government and the Contractor shall agree on a measurement of the acceptable delivered materials within five (5) calendar days. This agreement can be based on certified weight scale tickets. The material quantity determined shall be provided to the contractor electronically, and shall serve as a receipt of Government acceptance of the cement. The Contractor’s invoice for the cement delivered shall be submitted to the Government within fourteen (14) days after the receipt of this quantity determination. The contractor’s invoice should use the quantity determination made for each line item, and also include the contract number, contract unit price, subtotals, and the date the invoice is submitted.

SD-02 CERTIFICATES

C.1.7.2.2 WEIGH SCALE CERTIFICATION;

If an on-site scale is used, prior to the use thereof, submit details on the location and construction of the scale and a copy of the certification of the scale's accuracy from the local weights and measures regulating agency.

C.1.7.2.3 CERTIFIED WEIGHT SCALE TICKETS; G

A copy of each weigh bill, including certification of exact weight, time of weighing and delivery shall be submitted within one (1) workday after weighing.

C.1.8 MEASUREMENT AND PAYMENT

C.1.8.1 MEASUREMENT

Measurements shall be performed by the ton (2,000 pounds) of material acceptably delivered to the designated Chicago Harbor Lock and Dam and Michigan City Harbor, as determined by carrier displacement or certified scale weight tickets as approved by the authorized Contracting Officer’s Representative (COR).

C.1.8.2 VERIFICATION OF MEASUREMENTS

The readings, other data, and calculations from which the gauging table and the tonnage are determined will be open to verification by the Contractor and shall be subject to the approval of the COR. The Contractor is invited to be present in person or to be represented by an authorized agent during the measuring of carriers. When the displacements of the carriers are determined or predetermined, a record of allowed displacement for quantity determination would be sent to the Contractor. If the Contractor protests within five (5) days, the carrier will be remeasured and the Contractor must be present in person or be represented by an accredited agent so that correct measurements can be agreed upon. The Contractor will be given the weight of each load as it is determined.

Failure to protest within five (5) days will be taken as equivalent to expressing satisfaction with the measurements and weight of cement determined by the COR.

C.1.8.2.2 METHOD OF DETERMINING WEIGHT WITH DELIVERY BY TRUCK

The method of measurement for determining the weight of cement materials delivered by truck shall be certified weigh bills provided by the Contractor. Weigh bills and the scales used for weighing of trucks and materials contained therein shall, unless otherwise approved by the COR, conform to the following requirements:

a. Scales shall conform to the requirements of the NBS Handbook \-H 44-\. The tolerance applications of the Handbook, as applicable to under registration and over registration and to tests involving digital indications or representations, shall apply. A scale shall not be used for weighing a load totaling more than the nominal capacity, marked on the scale by the manufacturer. Any portion of the load in excess of the nominal scale capacity will not be considered for payment.

(1) The accuracy of the scale shall be checked. When a State scale inspector is not immediately available for checking the scale, the Contractor may, at its own expense, secure a check from a local official sealer of weights and measures, or the COR, may give tentative approval, based on check truckloads weighed on other scales which bear an official seal placed in the current calendar year.

b. The total weight of a single highway vehicle shall be weighed as a single draft and shall not be determined by adding together the results obtained by separately weighing each end of such vehicle except that weighing of a coupled combination may be determined without uncoupling under the following conditions:

(1) The brakes are released.

(2) There is no tension or compression on the drawbar.

(3) The approaches are straight and in the same level plane as the scale platform.

(4) The approaches are paved at least fifty (50) feet in each direction with a seal coat or higher type surfacing.

(5) The approaches are of sufficient width and length to ensure level positioning of vehicles during the weighing operation.

c. When a print-out system is employed on a platform or surge bin scale, it shall be equipped with a printer, which shall print the following information on a triplicate ticket for each truckload:

(1) Time

(2) Date

(3) Sequential ticket number (may be preprinted on ticket)

(4) Gross Weight

(5) Tare Weight (trucks shall be tare weighed at least twice daily)

(6) Net Weight

(7) Net accumulated job daily total

(8) Truck identification number

d. The system shall be so interlocked as to allow printing only when the scale has come to a complete rest.

C.1.8.2.2.1 SCALES

For scales not equipped with the print-out system as stated above, weigh bills shall contain the same or equivalent data as specified for the print-out system. Weigh bills, including print-outs, shall be certified by the signature of the scale operator, which shall attest that the information shown on the weigh bill is correct and is the weight(s) observed on the scale at the time of weighing. Each weigh bill shall also be certified by the Contractor attesting that the entire load was properly delivered to the designated delivery Docks, and shall show the time and date of weighing and the time and date of unloading. Each truck shall be plainly marked by a distinctive number, letter, or name, which shall not be changed or given to any other truck during the contract period. The Government reserves the right to periodically inspect the weighing operations at the scales.

C.1.8.2.2.2 ON-SITE SCALES

On-site scales shall be certified by the applicable local weights and measures regulating agency and shall be as approved by the COR. Scales shall be of the recording type and of the size required to weigh the materials and containers or vehicles. The scale shall include housing for the instruments and scale operator, with heat, lighting and ventilation.

C.1.8.3 PAYMENT

Separate or direct payment will not be made for quality control program, and all costs associated there with shall be included in the applicable unit price or lump-sum prices contained in the bidding schedule.

C.1.9 METHOD OF PAYMENT

Payments for partial deliveries of each line item shall be made after satisfactory acceptance of the cement materials at the point of delivery. All deliveries are subject to the acceptance of the Government, in accordance with all contract provisions. Payments will be permitted in accordance with FAR 52.232-1.

PART 2 PRODUCT SOURCE CONTROL

C.2.1 PRE-PRODUCTION QUALITY CONTROL

C.2.1.1 MATERIAL QUALITY

Before selecting a source, the Contractor shall be reasonably certain that the source is capable of meeting the quality and source requirements specified in the paragraphs C.3.1 CEMENT MATERIALS and the associated subparagraphs.

PART 3 PRODUCT REQUIREMENTS

C.3.1 CEMENT MATERIALS

The materials to be furnished shall meet all requirements specified in this Section of the specification. Materials that have been delivered to the delivery site and are rejected shall be removed from the delivery site at the Contractor’s expense. All rejected material shall be returned to the source at the Contractor’s expense.

C.3.1.1 MATERIAL CHARACTERISTICS

Cement used in grout shall be Type II Portland cement that conforms to the requirements of ASTM C 150, except that the cement shall have a Blaine fineness of 3,500 cm2/g as determined by ASTM C 204. The use of bulk cement will be permitted, provided the Contractor employs methods of handling, transporting, and storage that are satisfactory to the Contracting Officer Representative.

C.3.1.2 ACCEPTABILITY

The acceptability of the cement material will be determined based on visual inspections, service records and applicable laboratory tests results. In the event the cement is found to contain lumps or foreign matter of a nature and in amounts which, in the opinion of the COR, may be deleterious to the grouting operations, screening through a standard 100 mesh screen may be required. No payment will be made for such screening. Under no circumstances will the Contractor be allowed a Contract extension for time necessary to evaluate materials for acceptability.

C.3.2 PRODUCTION QUALITY CONTROL

The Contractor shall perform all quality control in accordance with the provisions of this specification. It is the Contractor's responsibility to assure that the quality control procedures applicable to the work performed at the quarry or quarries, during delivery, and at the delivery site all comply with the contract requirements, and are utilized by the Contractor and subcontractor personnel. The Contractor shall insure that records are maintained of quality control tests, inspections and corrective actions. Quality control measures shall cover all materials, equipment, and tests including but not limited to the following:

C.3.2.1 INSPECTION AND TESTS

Except as allowed by gradation tolerances, out of gradation or weight limitation shall be removed and replaced with satisfactory material, and corrective action taken at no additional expense to the Government. Rejected material shall be promptly removed from the project site. Such materials are excluded from measurement for payment.

C.3.2.2 QUALITY ASSURANCE

During the contract period, both prior to and after material are delivered to the job site, visual inspections and measurements of the cement material may be performed by the COR. If the COR, during the inspections, finds that the quality or gradation of cement being furnished are not as specified or are questionable, re-sampling and re-testing by the Contractor will be required. Sampling of the delivered cement for testing and the manner in which the testing is to be performed shall be directed by the COR. This additional sampling and testing shall be performed at the Contractor’s expense. Any material rejected shall be removed or disposed off as specified or directed by the COR. The removal of the rejected Portland Cement shall be at the Contractor’s expense.

C.3.3 CEMENT TRANSPORTATION AND UNLOADING

The equipment used for loading and unloading the cement materials during delivery shall be suitable for offloading cement onto the Corps of Engineers provided cement silo located on a Corps of Engineers C-B-M.

END OF SECTION

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

Section F - Deliveries or Performance

52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

MINIMUM/MAXIMUM NUMBER OF DAYS

ITEM NO QUANTITY AFTER THE CONTRACTOR’S ACCEPTANCE OF

AWARD

[Base]

0001AA 325 TN 1 - 20 CALENDAR DAYS

0001AB 325 TN 20 - 45 CALENDAR DAYS

[Option]

0002 50 TN SEE THE OPTION PROVISION IN SECTION A

0003 50 TN “

First delivery of cement can be made starting 1 DAY AFTER THE CONTRACTOR ACCEPTS THE AWARD, weather and other conditions permitting with final delivery not later than FORTY-FIVE (45) calendar days after date of contract award.

Delivery of materials to be offloaded by the Contractor shall be WEDNESDAY through WEDNESDAY, except Federal Holidays, between 7:00 A.M. and 4:00 P.M. 24-hour advance notice should be given to coordinate the deliveries with the planned attendance with an USACE representative on site.

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

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.

(b) The permissible variation shall be limited to:

1 Percent increase 1 Percent decrease This increase or decrease shall apply to each CLIN without regard to destination..

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

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…