W912P7-09-Q-0009 Loader.doc

Section B - Supplies or Services and Prices

SCOPE OF WORK/ITEM DESCRITION

SCOPE OF WORK (SOW)

SUBJECT: Lake Sonoma Skid Steer Loader with tracks

USACE TECHNICAL POC: Nicole Davidson, (707) 431-4525

Ed Martinez, (707) 431-4540

QUOTE: W912P7-09-Q-0009

CONTRACT NUMBER: To Be Assigned

1.0 General Information

Delivery of a skid steer track loader model, Mustang MTL316, Takeuchi TL230, New Holland L180 or similar. Price proposal shall include items below, assembly, warranty and delivery.

2.0 Description of Work and Services

Skid Steer Track Loader shall be to the following specifications:

a. Skid steer track loader shall be equipped with rubber tracks

b. Skid steer track loader shall be equipped with roll over protection system (ROPS).

c. Skid steer track loader shall have an auger attachment with 9” and 12” drill bits.

d. Skid steer track loader shall have a breaker attachment with back plate.

e. Skid steer track loader shall have a dozer blade attachment

f. Skid steer track loader shall have a 67”-70” bucket attachment.

g. Skid steer track loader shall have a backhoe attachment.

The US Army Corps of engineers retains the right to further refine tasks as well as add new ones, and orders for additional needed materials and services.

3.0 Schedule

a. Order is placed with Contractor for skid steer track loader.

b. Contractor notifies Government of order completion within 120 days of order date.

c. Contractor notifies Government of shipping within 15 days of order completion.

d. Item is delivered within 30 days of order completion.

4.0 General Contract Requirements

4.1 The Contractor shall take no direction from any government employee or any person other than the Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the changes clause of this contract when the Contractor believes direction has been given from persons other than the Contracting Officer that equate to a change by notifying the Contracting Officer. Any direction given by any government employee or any other person outside their authority must be reported to the Contracting Officer. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters.

5.0 Additional Points of Contact

Ed Martinez, Maintenance Leader, Lake Sonoma – (707) 431-4540

6.0 Invoices & Payment

Once all deliverables have been sent and received on by Army Corps of Engineers personnel, a final invoice shall be submitted to:

Ed Martinez, Lake Sonoma, 3333 Skaggs Springs Road, Geyserville, CA 95441-9644.

7.0 Period of Service

All work including optional task items under this SOW shall be completed within 180 days of the task order.

RECOVERY – Tractor

FFP

RECOVERY -- Furnish all labor, materials and equipment necessary to provide the CoE San Francisco District, Lake Sonoma, with a skid steer loader model (Mustang MTL316, Takeuchi TL230, New Holland L180 or equal product), to include warranty and delivery. Item shall be delivered in accordance with the scope of work/description and contract clauses.

FOB: Destination

PURCHASE REQUEST NUMBER: W62A2B91254343

NET AMT

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is -------------- [333111].

(2) The small business size standard is -------------- [500 employees].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(vii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(x) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xi) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xiv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xv) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvi) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification.

(xix) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

(Contracting Officer check as appropriate.)

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

52.211-8 TIME OF DELIVERY (JUN 1997)

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

REQUIRED DELIVERY SCHEDULE

Within Days 120 days

After Date of award

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.

(End of clause)

Section L - Instructions, Conditions and Notices to Bidders

CLAUSES INCORPORATED BY FULL TEXT

SPN 12-4009

Requests for Quotes (RFQs) Using Simplified Acquisition Procedures (JUN 04)

In accordance with the definition of solicitation at FAR Part 2, responses to solicitations under simplified acquisition procedures may require submission of either a quotation or an offer. This solicitation is being conducted using simplified acquisitions procedures and requires submission of a quotation, not an offer. Therefore, all references in FAR 52.212-1 (Instructions to Offerors-Commercial Items) to “offers” are to be construed as references to “quotations”. Additionally, the following paragraphs of FAR 52.212-1 will not apply to this procurement:

(c) Period for acceptance of offers; and

(f) Late submissions, modifications, revisions, and withdrawals of offers.

SPN 13-4001

DIRECTIONS FOR SUBMITTING QUOTES (MAR 2002)

Envelopes/packages containing quotes should be marked and addressed as follows:

MARK ENVELOPES/PACKAGES:

Quotation number: W912P7-09-Q-0009

Please mark envelope with the quote number above.

ADDRESS ENVELOPES/PACKAGES TO:

Department of the Army

U.S. Army Engineer District, San Francisco

ATTN: Contracting Division

1455 Market Street, room 1741 (Vredenburg)

San Fransisco CA 94103

And/or email quote to

Rick.p.Vredenburg@usace.army.mil Nicole.I.Davidson@usace.army.mil / / / / / / / / / / / / / / / / / / / / END OF CLAUSE / / / / / / / / / / / / / / / / / / / / /

SPN 47-4001 SHIPPING ADDRESS (MAY 2000)

The supplies/equipment under this contract will be shipped to: Lake Sonoma CA

The following individual(s) should be contacted prior to shipping: Ed Martinez @707/431-4540 or Nicole Davidson @707/431-4525

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