REQUEST_FOR_QUOTATIONS_ELECTROFISHING_BOAT_AND_TRAILER_USACE-CHICAGO_DISTRICT_W912P619Q0014_INCLDS_LOCATION_MAP.pdf

SEE ADDENDUM

(No Collect Calls)

W912P619Q0014 29-Aug-2019

b. TELEPHONE NUMBER

312.846.5368

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 11 Sep 2019

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

ANNETTE H LAKES

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

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

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 W912P6 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FISH BARRIER - LOCKPORT

NICHOLAS KARNESIS

790 EAST ROMEO ROAD

LOCKPORT IL 60441

TEL: 312-375-8418 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

336612

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

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.

W912P619Q0014

Section A - Solicitation/Contract Form

INTRODUCTION OF REQUIREMENTS

PROJECT TITLE: ELECTROFISHING BOAT AND TRAILER, USACE – CHICAGO DISTRICT

INTRODUCTION OF REQUIREMENT: By way of this Solicitation, the USACE-Chicago District is seeking price quotes to acquire a custom built ELECTROFISHING BOAT AND TRAILER as described in the Scope of Work - SEE Section C of this Solicitation. The government will require the delivery of the boat and trailer no later than March 2020. A LOCATION MAP IS ATTACHED TO THIS SOLICITATION

COMPETITION METHOD: Competition for this acquisition is restricted to SMALL BUSINESS CONCERNS.

BID SCHEDULE: The Contractor shall provide its pricing at Section B of this Document, WHICH shall serve as the Contractor’s schedule of prices.

SECTION K (Representations and Certifications): The offeror must complete the applicable boxes found at Section K of this Solicitation and submit the completed Section along with all other documents required by this Solicitation.

SYSTEM FOR AWARD MANAGEMENT (SAM) --In order to furnish the USACE with a quote for this Solicitation, the offeror must be registered in an “active status” at the System for Award Management (SAM).

Registration can be completed on line for free at www.sam.gov. Accordingly, any quote furnished from contractor, without an active registration at SAM, may be considered non-responsive to the material requirements of this Solicitation and ineligible for award.

SUBMITTAL DUE DATE: Price quostes are due no later than 5p.m. Central Time on September 11, 2019. You may e-mail your quote to Annette.H.Lakes@usace.army.mil, with a copy furnished to Regina.G.Blair@usace.army.mil. Ensure that the solicitation number/project title is included in the subject line of the email (“ELECTROFISHING BOAT & TRAILER, W912P619Q0014”). OR, you may elect to provide your quote via regular mail, federal express, etc or by hand carrying your quote package to our District Office at the following location.

MAILING ADDRESS OR IF HANDCARRYING USE THE FOLLOWING ADDRESS:

ANNETTE LAKES

USACE - Chicago District

CONTRACTING BRANCH

231 South LaSalle Street, Suite 1500 Chicago, Illinois 60604

ITEMS TO BE SUBMITTED/SUBMITTAL INSTRUCTIONS: Please furnish the following items to be considered responsive to the Solicitation.

1. Signed Quote – Please complete Blocks 30a, 30b, 30c on Page 1 of the Solicitation (SF 1449)

2. Completed Section B – be sure to enter all unit prices, extended prices and the summation of all prices for line items 0001, 0002, 0003.

3. Completed Section K

BASIS FOR AWARD: Award will be made to the responsive and responsible offeror submitting the lowest aggregate price to provide ALL items contained in the Bid Schedule (Section B/Schedule of Prices).

QUESTIONS:

PLEASE NOTE: INTERESTED OFFERORS SHALL SUBMIT THEIR CONTRACTING AND TECHNICAL

INQUIRIES IN WRITING NO LATER THAN THE CLOSING DATE to Annette Lakes at Annette.H.Lakes@usace.army.mil.

INQUIRIES WILL BE RESPONDED TO VIA AN AMENDMENT POSTED TO THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE (WWW.FBO.GOV). The Amendment will be included under the Notice wherein this Solicitation is located.

POINT OF CONTACT : ANNETTE LAKES AT 312-846-5368

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

Electrofishing Boat

FFP

The Contractor shall provide all necessary plant, facilities, labor, materials, and equipment to construct a custom built electrofishing boat in accordance with the enclosed Scope of Work at Section C.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

Trailer for Boat

FFP

The Contractor shall provide all necessary plant, facilities, labor, materials, and equipment to construct a custom built trailer for the electrofishing boat in accordance with the enclosed Scope of Work at Section C.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 1 Lot

Delivery FEE

FFP

The Contractor shall deliver the Items described at Contract Line Item Numbers 0001 and 0002 of this Section B in accordance with the below delivery information.

DELIVERY INFORMATION:

ITEMS SHALL BE DELIVERED ON OR BEFORE MARCH 1, 2020.

THE CONTRACTOR SHALL DELIVER ALL ITEMS TO THE FOLLOWING

ADDRESS:

Shipping Address: 600 E Romeo Rd, Romeoville, IL 60446

Directions: The address takes you to a parking lot and access road for trailhead entrance. Driver should proceed down access road to locked chain-link gate.

Once arrived, please call Greg Jaglowski for assistance at 312-208-9716 or Nick Karnezis at 312-375-8418.

NET AMT

SUMMATION OF PRICES

TOTAL OFFERED PRICE (LINE ITEMS 0001 THROUGH

0003):$_________________________________

Section C - Descriptions and Specifications

SCOPE OF WORK

Scope of Work Electrofishing Boat

DELIVERY SCHEDULE : THE BOAT AND TRAILER WILL BE REQUIRED TO REACH

THE GOVERNMENT BY NO LATER THAN MARCH 2020

Vessel Requirements Hull - 5083 or 5086 aluminum 0.125” thick.

-22’ long, 72” bottom width, ~96” beam, long rake front (surface drive motors).

-Sealed, self-draining deck with dual 3/4” drain plugs in stern.

-Fully sealed air chamber below sub floor with drains and plug in stern well.

-Oversized bow tube, fully welded 2x2 aluminum longitudinal inner ribs/2x2 outer ribs.

-Non-slip sub-floor and deck surfaces (e.g. diamond plate or hydro-turf non-slip coating).

-4’ self-draining front deck with rear lip and 2” drain holes in side of boat.

-24 inch sidewalls, oversize, reinforced gunwales- squared off top.

-All cabling, wiring, or otherwise should be concealed in conduit, under decking or splash guard.

-Route starting/power trim and any accessory gauge cables through conduit or gunwale to steering console.

Length - 22-26’ Long.

Flat bottom - Allowance for flat bottom, shallow v, or hybrid hull types

- Flat bottom.

Weight - Towing capacity.

-Empty boat will not exceed 7100 lbs and total load capacity will allow for 5 people plus 700 lbs of equipment.

Guard rails - 42” high safety railing around perimeter of front deck. Front of safety railing should be quick release or hinged for rescue operations so that gill nets and other netting equipment can be used out of the front of the boat as needed. Include removable safety chain that can be established behind netters standing on front deck.

- Minimum 24” safety railing along both port and starboard gunnels to terminate at the stern.

-Must include gates or slide bars for access via both sides of vessel.

Motor - Powered by 100-horse power or greater outboard motors capable of fully supporting the total weight of the boat plus maximum load capacity.

Gas supply system - Fuel tank should be mounted under front deck and be approximately 18 gallons in size and properly ventilated to meet safety standards.

-Fuel line and electrical wiring for electrofishing enclosed under the gunwale or within aluminum tubing running along the sidewalls of hull.

-Access to fuel fill should be towards rear of deck and flush to deck as possible to eliminate tripping or snagging from fishing nets.

Battery - Provide one starting/deep cycle marine batteries with a minimum of 600 cold cranking amps within plastic holding boxes.

-Back up battery should be included to matching specs.

-Power should be able to draw from one, the other, or both.

-Weld brackets to hold battery within boxes in place with straps: batteries can be position under console if room permits, or astern the operators bench.

Bilge pumps - Provide and install bilge pump in stern; must not impede access to drain plugs.

-Provide and install automatic bilge pump which can also be switched on at the electrical panel on the console.

-Minimum 500 gph.

-Route hose outlet through hull side or transom.

Live well - Fill/drain via bilge pump(s) and drain outside of boat.

-Drain is preferred in location that will drain all water and not allow for residual pooling.

-Minimum 90 gallon capacity.

Pilot house style (steering wheel) - Low profile steering console positioned at the center stern, angled face, must have room for steering wheel, motor switches, waterproof switchboard (for navigation light switches, bilge pump switch, auxiliary plug switch, and sonar power switch) battery power indicator, and at minimum 1 115V standard three prong outlet to be provided on vessel to charge laptop computer and Hummingbird navigation system.

-Waterproof switchboard on face of steering console, switchboard should include fuses matching specifications for each piece of equipment -Switches wired for bilge pump, navigation light, stern light, auxiliary plug and one unoccupied switch -Provide and install main electrical switch under console or at stern of boat; should be wired to operate all electrical power to prevent battery use when boat is stored.

-Provide and install 2 waterproof auxiliary plugs on steering console.

-All auxiliary electrical wires should be consolidated into a wiring panel so one positive and one negative wire lead to the batteries.

-Provide and install Hummingbird Helix 7 SI/GPS Combo: provide and install transducer according to manufacturer’s specification.

-Install RAM mount on side of steering console; wire power cable to consolidation block/fuse block on steering console; power cable and transducer cable plug ins should extend through top of steering console behind RAM mount for easy attachment to unit;

make cable entry through steering console watertight.

-Install padded swivel seat. Height from floor as high as necessary to operate boat from a seated position and should be movable (up, down, forward, backward) with padded back.

USCG requirements - Class 1 Vessel (Federal System): 16-26 feet in length.

-Provide and install one US Coast Guard approved Class ABC fire extinguisher with a minimum of 2.5# charge.

-All metal bracket, nozzle and trigger mechanism.

-Include sound producing device i.e. air horn incorporated into pilot wheel controls.

-Will need to be USCG approved.

-Install throw-line rescue bag, distress flag, anchor and first aid kit.

Lighting - Have navigational lights for visibility between sunset and sunrise and/or low visibility.

-Install bright white light aft visible 360 degrees.

-Install a combined light in the fore part of vessel and lower than the white light, showing green to starboard and red to port, fixes so as to throw each light from dead ahead to

112.5 degrees on their respective sides.

-Navigation light switches attached to steering console.

Safety features - Annunciator alarm and display light when electrofishing in progress.

-Include hinged swing down stairs step available off of stern of vessel (deployable ladder which can be stowed in easy access storage is acceptable but not preferred).

-Include gaff or net holders for net storage but make easily accessible.

-Install emergency shut off.

-Separate attachments on bow eye for bow strap and safety chain, recessed if possible, to allow for less snagging of nets and other fishing gear.

Seating - Seating for 4 deck hands (other than pilot) should be available on vessel.

-Preference for fold up chairs along gunwales/rails would suffice and maximize open deck when not in use.

Storage - Maximize dry storage capacity in vessel.

Bimini Top - Bimini top or similar shade and rain protection to cover pilot house/wheel at minimum. Should attempt to maximize total coverage.

Trailer – Capable to accommodate length and weight of boat.

-20’ x 72” flat bottom boat, all welded aluminum construction.

-Dual axles with heavy duty tires; must be capable of carrying minimum of 200% of vessel and motor weight.

-High ply tires.

-All trailer bunks poly, along with poly side guide bunks.

-Heavy duty trailer jack with dual castor rollers; should be rated to exceed tongue weight by minimum of 200%.

-Manual heavy duty winch with 2’ wide tow strap.

-Galvanized safety chain with latching hook attached to trailer to attach to bow eye of vessel.

-2’ ball receiver.

-Galvanized trailer safety chains with latching hooks for attachment to vehicle; should be rated for minimum 200% of vessel/trailer weight; chains should be sized to be crossed and hook to vehicle frame 8’ from center of ball.

-Spare wheel with tire on carrier bracket mounted to trailer.

-2 heavy duty tie down straps with attachments points welded to trailer (i.e. boat buckle straps).

-Submersible LED trailer lights.

-Trailer wiring enclosed within trailer.

-Trailer disk braking system as required for trailer length and/or weight.

-Emergency breakaway braking system as required by law.

-Reinforced wheel fenders to be used as a step (stainless steel hardware with lock nuts, washers, etc.).

Cover – Fits boat dimensions Electrofishing Specifications:

Material specs specific to electrofishing - The power supply for electrofishing is a 5,000 watts

(W) or higher capacity alternating current (AC) generator equipped with a kill switch for safety.

-The generator supplies power to a control box which in turn produces pulsed direct current (DC) output.

-Generator must be on structural platform off of decking and must include vibration dampeners -Provide and install Electrofishing systems control box -Power-filter for inverter generators, and 2 safety mats for the front deck.

-Electrofishing box should be able to be removed from mounting location on console for storage when boat is not in operation (all cable attachments on box be easy to access and control box able to be strapped into its mounting location).

-Provide and install booms, anodes, and wiring with plug ends to match electrofishing systems control box.

-Anodes should have 6, stainless steel cable droppers, be removable from booms and collapsible for storage.

-Insulated cables, NON-SPLICED to be used at industry standards throughout construction.

-Two forward mounted fiberglass boom poles hold anodes extending 2.44 m (8 ft) from the front of the boat and spaced 3.05 m (10 ft) apart (measured center to center at the ends of the poles).

-Fiberglass boom poles are hollow, have an outer-diameter of 3.8 cm (1 1/2 inches), and a 0.64 cm (1/4 inch) wall thickness.

-Booms should be able to swing back to be flush with the gunwale for storage.

-Booms should be aluminum/fiberglass with stainless steel hardware and height adjustable via chain.

-Boom arm (Anode) connections water tight and shock protected.

-Boom arm should be collapsible and have adjustable diameter similar to the Spider Style arrays -Arrays: we would like to have both arrays designs. Also both array designs must have quick-connect capabilities. We require both options so we could switch between array designs while boat is in operation.

-Design 1: Attached to Each anode consists of a stainless steel circular ring 0.91 m (3 ft) in diameter with four tubular 30 cm (12 inches)-long, 2.5 cm (1 inch) outer-diameter stainless steel droppers attached (Appendix B-2). The circular ring is constructed from 1.3 cm (1/2 inch) outer-diameter stainless steel rod, bent and welded to form a ring. Four evenly spaced holes are drilled in the ring for dropper cable attachment. The droppers are attached to the ring with lengths of 3.1 millimeter (1/8 inch) diameter uncoated stainless steel cable and U-bolt cable clamps. The clamps and stainless steel cables should be adjusted so that the cables measure

35.6 cm (14 inches) from the ring to the droppers, and the cable-dropper arrangements should have a total length of 66 cm (26 inches).

-Design 2: Similar design to above but will have 6, stainless steel cable droppers (instead of 4 tubular droppers), be removable from booms and collapsible spreader system.

Pedal type - Two independent “deadman” safety switches are located at the front deck dip-netting stations.

-The switches consist of mats the dip-netters stand on to complete the safety circuit, or cut-off switches and lanyards (Cole Hersee M-597BP or similar) to be attached to each dip-netter (Appendix B-5).

-If a dip-netter steps off of a safety mat or moves far enough to tighten the lanyard and pull the safety clip from the switch, the switch will open causing power to shut down.

-Note: Cut-off switches with lanyards are preferred instead of mats because of a history of unreliability experienced with mat style switches in LTRMP electrofishing boats.

-Supplemental hand operated safety switches may be located at the rear of each dip-netting station.

Safety features - Signage to be included on flip down/over signs for starboard and port which state “Stay back 200 ft”.

-Disconnects -Cable shielding shall be sufficient to meet industry standards for cable and wire types used in construction of vessel and suited for outdoor use.

-Emergency shut-off -Install “An emergency shutdown switch” or “panic button,” on the control box console, and a final safety switch is attached to the driver.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for a PERIOD OF 12 MONTHS AFTER DELIVERY (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

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

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances 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.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

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

(End of clause)

Section F - Deliveries or Performance

THE CONTRACTOR SHALL DELIVER ALL ITEMS TO THE FOLLOWING ADDRESS:

Shipping Address: 600 E Romeo Rd, Romeoville, IL 60446 Directions: The address takes you to a parking lot and access road for trailhead entrance. Driver should proceed down access road to locked chain-link gate.

Once arrived, please call Greg Jaglowski for assistance at 312-208-9716 or Nick Karnezis at 312-375-8418.

A LOCATION MAP IS ATTACHED TO THIS SOLICITATION

CLAUSES INCORPORATED BY FULL TEXT

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

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

Section I - Contract Clauses

52.204-99 SYSTEM FOR AWARD MANAGEMENT

REGISTRATION (DEVIATION)

AUG 2012

252.227-7015 Technical Data--Commercial Items FEB 2014

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(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, 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 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. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

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

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___…