FBODaily.com | FedBizOpps: PRESOL | J | OVERHAUL OF TWO CATERPILLAR 3304 GENERATOR SETS FOR THE M/V HARRISON TESTED AND PLACED INTO FULL OPERATION

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 21, 2015 FBO #4837
SOLICITATION NOTICE

J -- OVERHAUL OF TWO CATERPILLAR 3304 GENERATOR SETS FOR THE M/V HARRISON TESTED AND PLACED INTO FULL OPERATION

Notice Date: 2/19/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 333618 — Other Engine Equipment Manufacturing
Contracting Office: USACE District, Vicksburg, ATTN: CEMVK-CT, 4155 Clay Street, Vicksburg, MS 39183-3435
ZIP Code: 39183-3435
Solicitation Number: W912EE-15-T-0010
Response Due: 3/3/2015
Archive Date: 4/20/2015
Point of Contact: Scott Brown, 601-631-7902
E-Mail Address: USACE District, Vicksburg
(scott.l.brown@usace.army.mil)
Small Business Set-Aside: Total Small Business
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation Number W912EE-15-T-0010 is being issued as a Request for Quote (RFQ) with the intent to issue a single Firm-Fixed Price Contract. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 05-76. THIS PROCUREMENT IS BEING COMPETED AS A 100% SMALL BUSINESS SET ASIDE. The NAICS code for this procurement is 333618 - Other Engine Equipment Manufacturing; Size Standard, 1,000 Employees. This procurement is being conducted in accordance with regulations at FAR Part 12 - Acquisition of Commercial Items and FAR Part 13 -Simplified Acquisition Procedures. The U.S. Army Corps of Engineers has a requirement for the overhaul of two Caterpillar 3304 Generator Sets for the M/V Harrison, tested, and placed into full operation. QUOTES ARE DUE 03 MARCH 2015, NOT LATER THAN 12:00 CST AND SHALL BE EMAILED TO SCOTT BROWN AT SCOTT.L.BROWN@USACE.ARMY.MIL WITH THE SUBJECT HEADING M/V HARRISON GENERATOR O/H. PROJECT SPECIFICATIONS: For a Detailed Scope of Work Reference The Attachments Posted With This Solicitation Under The quote mark Additional Documentation quote mark Link Toward The Bottom Of This Announcement: OFFERS MAY BE QUOTED AS FOLLOWS: Line Item 0001, Overhaul of two Caterpillar 3304 Generator Sets for the M/V Harrison, tested, and placed into full operation; Total Line Item Price: $________________. The government intends to make a single award for one lump sum. Offers for less than the required items will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the Government. Offerors are encouraged to provide their best proposed pricing in their initial offer. SAM REGISTRATION: Pursuant to FAR Provision 52.204-7, prior to award offerors shall be registered in the System for Award Management (SAM), if you are not registered in (SAM), an award CANNOT be made to your company. You may register electronically at http://www.sam.gov. Before a complete evaluation of your proposal can be made offerors must provide quote mark Offeror Representations and Certifications quote mark for their company. The preferred method for providing Reps & Certs is to include this information in your SAM registration. Offerors who do not include their Reps & Certs in their SAM registration, must print complete and include FAR Clause 52.212-3, Offeror Representations and Certifications - with their quote package. TECHNICAL INQUIRIES AND QUESTIONS Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions at least 3 days prior to the closing date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email, followed by an answer to the comment/question after it has been processed by our technical team. All timely questions and approved answers will be made available through ProjNet. Approved answers to all timely questions will also be posted on the FedBizOps in the form of a report generated from ProjNet as soon as the comment/question entering period is over and all answers are all finalized. The Solicitation Number is: W912EE-15-T-0010 The Bidder Inquiry Key is: Z6HIU5-KKMNJ7 SPECIFIC INSTRUCTIONS FOR PROJNET BID INQUIRY ACCESS: 1.From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. 2.Identify the Agency. This should be marked as USACE. 3.Key. Enter the Bidder Inquiry Key listed above. 4.Email. Enter the email address you would like to use for communication. 5.Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form. 6.Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system. 7.Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system. SPECIFIC INSTRUCTIONS FOR FUTURE PROJNET BID INQUIRY ACCESS: 1.For future access to ProjNet, you will not be emailed any type of password. You will utilize your Secret Question and Secret Answer to log in. 2.From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen. 3.Identify the Agency. This should be marked as USACE. 4.Key. Enter the Bidder Inquiry Key listed above. 5.Email. Enter the email address you used to register previously in ProjNet. 6.Click Continue. A page will then open asking you to enter the answer to your Secret Question. 7.Enter your Secret Answer and click Login. Once this is completed you are now logged into the system. NOTES TO OFFERORS: QUOTES ARE DUE 03 MARCH 2015, NOT LATER THAN 12:00 CST AND SHALL BE EMAILED TO SCOTT BROWN AT SCOTT.L.BROWN@USACE.ARMY.MIL WITH THE SUBJECT HEADING M/V HARRISON GENERATOR O/H. For information concerning this solicitation, contact Scott Brown at (601) 631-7902. You are responsible for reading all information contained in this solicitation and all attachments if any posted with it. Offerors should check the FedBizOpps web site often for a new solicitation and/or modifications to this solicitation. Offerors are responsible for ensuring that their proposals arrive prior to the scheduled closing time. THE FOLLOWING FAR CLAUSES & PROVISIONS APPLY TO THIS ACQUISITION: FAR 52.204-7 System for Award Management; FAR 52.212-1Instructions to Offerors - Commercial Items; FAR 52.212-3 Offeror Representations and Certifications; FAR 52.252-1 Solicitation Provisions Incorporated by Reference; FAR 52.252-2 Clauses Incorporated by Reference; FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS- and the following clauses cited within that clause: FAR 52.203-6 Alt I Restrictions On Subcontractor Sales To Gov't; FAR 52.204-10 Reporting Executive Compensation and First Tier Sub Contract Awards; FAR 52.209-6 Protecting the Government's Interest when Subcontracting with Contractor Debarred, Suspended or Proposed for Debarment; FAR 52.219-1Small Business Program Representations, FAR 52.219-6 Notice of Total Small Business Set Aside; FAR 52.219-28 Post Award Small Business Program Re-representation; FAR 52.222-3 Convict Labor; FAR 52.222-19 Child Labor; FAR 52.222-21 Prohibition of Segregated Facilities; FAR 52.222-22 Previous Contracts And Compliance Reports; FAR 52.222-25 Affirmative Action Compliance; FAR 52.222-26 Equal Opportunity; FAR 52.222-35 Equal Opportunity for Veterans FAR 52.222-36 Affirmative Action for Workers with Disabilities; FAR 52.222-37 Employment Reports on Veterans FAR 52.222-40 Notification of Employee Rights Under the National Labor Relation Act; FAR 52.222-50 Combating Trafficking in Persons; FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving; FAR 52.225-13 Restrictions on Certain Foreign Purchases; FAR 52.232-33 Payment by Electronic Funds Transfer - System for Award Management; FAR 52.232-40Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes; FAR 52.233-3 Protest After Award; FAR 52.233-4 Applicable Law for Breach of Contract Claim; FAR 52.223-6 Drug-Free Workplace; The full text of these FAR clauses can be accessed electronically at website: http://farsite.hill.af.mil/vffara.htm. THE FOLLOWING DFARS CLAUSES ARE ALSO APPLICABLE TO THIS ACQUISITION: DFARS 252.201-7000 Contracting Officer Representative; DFARS 252.203-7000 Requirement Relating To Compensation Of Former Dod Officials; DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower; DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials; DFARS 252.204-7011 Alternative Line Item Structure; DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information; DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors; DFARS 252.211-7003Item Unique Identification And Valuation; DFARS 252.223-7008 Prohibition of Hexavalent Chromium; DFARS 252.225-7001 Buy American Act and Balance of Payments Program; DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports; DFARS 252.232-7010 Levies on Contract Payments; DFARS 252.244-7000 Subcontracts for Commercial Items; DFARS 252.247-7023Transportation of Supplies by Sea; The full text of these DFARS clauses can be accessed electronically at website: http://farsite.hill.af.mil/VFDFARA.HTM. CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: All quotes submitted will be evaluated for Technical Acceptability, Satisfactory Past Performance & Price. The government will issue award to the offeror whose proposal is the Lowest Price of those determined to meet at least the minimum requirements to be determined Technically Acceptable & Demonstrates Satisfactory Past Performance. (1) Technical Acceptability; is defined as the documented capability to meet the minimum requirements of the project specifications as defined in this solicitation and the attached scope-of-work. (A) Offerors shall submit with their proposal package a project completion timeline/schedule including proposed progress milestones for the specified scope-of-work. (2) Satisfactory Past Performance; to demonstrate satisfactory past performance the offeror shall submit documentation of satisfactory performance on past or current contracts involving contracts of a similar type, size, scope, and complexity, as well as, provide references, including names and contact information of references who can verify such past performance. Past performance information of key personnel and crew may be provided if the company has limited or no past performance. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will be evaluated as neutral on Past Performance, providing the offeror supplies a certified statement with their offer that no past performance information is available. The Government's approach to evaluating past performance is to check the references provided by the contractor to verify satisfactory past performance as well as data obtained from other sources available i.e. government database, past contract files, etc. The offeror is cautioned that while the Government will consider data from other sources, the burden of demonstrating satisfactory past performance rests with the offeror. It is incumbent upon the offeror to submit sufficient documentation and information for the Government to determine technical acceptability, satisfactory past performance, and proposed price. Failure to submit sufficient information for the government to determine technical acceptability, past performance, or price may be cause for rejection of your quote. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) 52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (DEC 2014) (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. 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 of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include - (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at 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. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract 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. (2) (i) If a Contractor has legally changed its business name, quote mark doing business as quote mark name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(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 quote mark Suspension of Payment quote mark paragraph of the electronic funds transfer (EFT) clause of this contract. (3) 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 quote mark Suspension of payment quote mark paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (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 Use 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 quote mark I agree quote mark click box or other comparable mechanism (e.g., quote mark click-wrap quote mark or quote mark browse-wrap quote mark 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)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/COE/DACA38/W912EE-15-T-0010/listing.html)
Place of Performance: Address: USACE District, Vicksburg ATTN: CEMVK-CT, 4155 Clay Street Vicksburg MS; Zip Code: 39183-3435
Record: SN03645892-W 20150221/150219234939-d61a1a59eb6d441b828558711b0b323b (fbodaily.com)
Source: FedBizOpps Link to This Notice
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J -- OVERHAUL OF TWO CATERPILLAR 3304 GENERATOR SETS FOR THE M/V HARRISON TESTED AND PLACED INTO FULL OPERATION