SAMDaily.us | PRESOL | W | MANLIFT RENTAL FOR USCGC SPAR

SAMDAILY.US - ISSUE OF SEPTEMBER 05, 2021 SAM #7218
SOLICITATION NOTICE

W -- MANLIFT RENTAL FOR USCGC SPAR

Notice Date: 9/3/2021 9:43:55 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 532490 — Other Commercial and Industrial Machinery and Equipment Rental and Leasing
Contracting Office: SFLC PROCUREMENT BRANCH 3(00040) BALTIMORE MD 21226 USA
ZIP Code: 21226
Solicitation Number: 70Z04021Q61192Y00
Response Due: 9/7/2021 6:00:00 AM
Archive Date: 09/22/2021
Point of Contact: CHAD YEARWOOD, Hector Cortes, Phone: 4107626238
E-Mail Address: CHAD.A.YEARWOOD@USCG.MIL, hector.i.cortes@uscg.mil
(CHAD.A.YEARWOOD@USCG.MIL, hector.i.cortes@uscg.mil)
Small Business Set-Aside: SBA Total Small Business Set-Aside (FAR 19.5)
Description: This is a combined synopsis/solicitation for commercial items or services, prepared in accordance with the format in subpart 12.6 of the FAR and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. Solicitation number 70Z04021Q61192Y00 applies and is used as a Request For Quote (RFQ).� �This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87, effective, 7 March 2016. It is anticipated that a competitive price purchase order shall be awarded as a result of this synopsis/solicitation. All responsible sources may submit a quotation, which if timely received, shall be considered by this agency. The U.S. Coast Guard, Surface Forces Logistics Center (SFLC) intends to award a Firm Fixed Price Purchase Order. All quotes must be sent to Chad Yearwood at chad.a.yearwood@USCG.MIL shall have RFQ# 70Z04021Q61192Y00 listed in the subject section of the email. Quotes must be sent on or before 09/07/21 to be considered. Basis for Award:�This�solicitation is based on FAR 13 � Simplified Acquisition Procedures and quotes will be reviewed and awarded on a Lowest Priced Technically Acceptable basis per the solicitation.� Past performance will only be reviewed for �responsibility� basis per FAR 9.1.� There are no adjectival ratings nor will award be based on a best value tradeoff basis.�The vendor�s quote that is the lowest priced and meets all the technical requirements of the solicitation will be awarded the contract. The United States Coast Guard Surface Forces Logistics Center has a requirement for the following items: �� ITEM 1: PERIOD OF PERFORMANCE:�09/08/21�- 11/30/21 TOTAL JOB PRICE FOR BASE PERIOD: 09/08/21�- 11/30/21 $____________ TOTAL PRICE FOR�1 MONTH OPTIONAL EXTENSION�PERIOD $____________ �SCOPE Man lifts are required to perform grit blasting, painting and repair work in support of the USCGC SPAR at the USCG Yard, 2401 Hawkins Point Road, Curtis Bay, Maryland, 21226. The contractor is required to provide (4) JLG model E400AJPN (Narrow)�or USCG approved equivalent manlifts in accordance with the below requirements. COMMENCEMENT AND COMPLETION OF WORK Issues of Publications - The following documents of the issue date in effect on the date of request for proposal form a part of this specification to the extent applicable, or as specified herein.� Within the specification, they shall be referred to by their basic designation only. Government �N/A Nongovernment �N/A �Order of precedence�- In the event of conflict between the text of this specification and that of the references cited above, the text of this specification shall take precedence. Nothing in this specification, however, shall supersede applicable laws or regulations unless a specific exemption has been obtained. REQUIREMENTS JLG model E400AJPN (Narrow), Quantity (4) Each Articulating 40� Boom, Platform Height Electric powered Foam Filled Tires Basket must have minimum of 2 OSHA approved tie off points and big enough for 1 person Must be no older than 5 model years from the start of the contract. Suitable protective coverings over hydraulic rams to mitigate damage/downtime from blast grit.� ACCESS REQUIREMENTS Security -�To be allowed onto the USCG Yard Shipyard, maintenance personnel must be in possession of appropriate personal identification.� A state issued ID or driver�s license, and a rapid gate or TWIX card�shall accompany the state issued ID / license�for ease of access for vendor maintenance personnel. Vehicular access requires a non-expired personal Driver�s License, appropriate vehicle identification or registration, and up to date insurance card for each vehicle.� If a vehicle requires access to the YARD, the company is required to provide the Contracting Officer or POC with the name of the individual(s) requiring access to the YARD and the number of vehicles requiring entry twenty four (24) hours prior to required access period. RESPONSIBILITITES Government N/A Contractor The equipment will be operating around-the-clock under a rigorous deployment performance schedule.� Within twenty-four (24) hours (one-day) of initial notification of the need for repair, the Contractor shall have a knowledgeable and equipped technician on the job-site fully prepared to repair the rental equipment.� The defective unit(s) shall be repaired within forty-eight (48) hours (two day) of initial notification or, if the original defective unit(s) cannot be made operational, replaced within seventy-two (72) hours (three days) of initial notification. If the equipment failure is not the fault of the Government, the Contractor shall bear all costs associated with its repair and/or replacement.�Contractor shall be responsible for all preventative maintenance (PM) and wear & tear repairs (including cosmetic issues) due to shipyard work, with the exception of daily checks of liquid levels. Government intended use is for grit blasting, painting and repair work on 87� CPB cutters while in dry-dock. The work will include high pressure water/sand blasting and painting of the outside of the vessel.� Rental will be on a firm fixed price regardless of the hours used. Maintenance The contractor shall maintain a stringent maintenance program in accordance with Manufacturers� recommendations, applicable American National Standard (ANSI) specifications and Scaffolding Industry Association (SIA) specifications.� The unit shall have no visible fluid leaks during operation or sitting idle. Upon completion of regularly scheduled PMs, contractor will leave a copy of the completed maintenance/inspection record with the point of contact.� All preventive maintenance/inspection records must clearly show what maintenance/inspection has been performed and must be signed and dated by the individual who performed the maintenance/inspection.� A statement or certification to the effect that maintenance has been performed�will not�suffice.� The record must reveal the actual elements of inspection and maintenance being performed.� Up to date inspections will be kept with the equipment at all times.� It is the sole responsibility of the contractor to insure preventive maintenance on all boom lifts is kept up to date.� If records are not up to date and records are not provided as set forth in these specifications, the equipment will be inoperable to the government and the government will not pay for the downtime caused by inadequate or incomplete records.� The contractor shall provide forty-eight (48) hour notification to the Government prior to providing preventative maintenance of the boom lift on site. During the course of the rental period the government may request that the boom lift be swapped out if there is an increase in frequency of breakdowns. Training N/A Operator / Maintenance Manuals -�Documentation will be located within a water proof case affixed to each machine.� Minimally, the documentation shall consist of:� Lifting & Handling the equipment with its padeye(s) Certification Points of contact with telephone numbers for requesting emergency repair regardless of the time or type of day DELIVERY / RETURN Delivery�- The machinery shall be in a fully-charged, fully-assembled, ready-to-use, and in a first-class-operating condition. Machines shall be functionally tested to include performance prior to its delivery. The machinery with its support equipment shall be delivered to the site on or prior to the request date.� It is incumbent and the responsibility of the Contractor to either confirm or coordinate the date and time of delivery prior to each shipment via the Point-of-Contact (POC) as designated on the Contract. Documentation with Shipyard copies shall accompany each delivery. Inspection Criteria The equipment shall be delivered in fully functional, safe operating condition.� The contractor will deliver equipment with the aforementioned certification records that demonstrate the equipment maintenance is up to date with current standards listed in this contract.� This will require the equipment to be delivered with the annual maintenance inspection and any subsequent periodic inspections as applicable.� In addition, the contractor shall provide an operation and safety manual and a manual of responsibilities with each boom lift.� A joint inspection of each lift shall be performed by the Contractor and the POC or his or her alternate before the unit is accepted by the Government.� The equipment acceptance will be delayed if the accurate paperwork is not delivered and the invoice will be adjusted accordingly. The rental period does not begin until the government has accepted the boom lift.� The contractor shall notify the Contracting Officer or Point of Contact a minimum of 24 hours prior to delivery of units. Packaging and Marking N/A Final Acceptance�- Upon satisfactory completion of inspection and test of the equipment, the authorized Government Representative (Contracting Officer and/or Point of Contact) will sign and forward the acceptance document(s) to the Contracting Officer for completion. Unloading of equipment from Vendor�s transport does not signify acceptance. Return�- The Government will notify the Contractor as well as the Contracting Office as to when the rental Item has been released and is available for pick-up.� The last day of the rental period shall be the next normal workday after the Contractor has been so notified.� The Contractor shall be responsible for shipping. GENERAL Response to Request - As part of the response to this request, descriptive literature shall be furnished in sufficient detail to show that the proposed design will meet these specifications.� Vendor submittals shall include brochures of the model being submitted, assembly sketches with critical dimensions, sketches (with dimensions) of all tooling being provided, statements of compliance with specification, and performance statements with special instructions. Supporting information shall be organized and packaged by unit. If supporting information includes multiple models the vendor shall clearly state model number of proposed unit and redact all information not applicable to proposed unit. Approved Models E400AJPN (Narrow) or equivalent subject to USCG approval.� ADDRESS:�USCG YARD 2401 HAWKINS POINT ROAD BALTIMORE, MD 21226 (ATTN: USCGC SPAR) � GOVERNMENT ACCEPTANCE:��Acceptance will be made at destination by a Government representative. �Acceptance will be contingent upon the representative's verification of no damage in transit, correctness and completeness of order.� FAR 52.212-1 Instructions to Offerors-Commercial Items (OCT 2015). Parties responding to this solicitation may submit their offer in accordance with their standard commercial practices to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or email. As a minimum, offers must show: (1) The solicitation number (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price. Delivery information and any discount terms; (7) �Remit to� address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. (12) Dun & Bradstreet number. FAR 52.212-2 Evaluation-Commercial Items (OCT 2014). � This is a commercial services acquisition. �The evaluation and award procedures in FAR 13.106 apply. The following evaluation factors shall be considered:� The Government will award a purchase order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price, delivery date and other factors considered. � �FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (MAR 2016) - An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via�http://www.acquisition.gov�. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website (www.sam.gov), the offeror shall complete only paragraphs (c) through (o) of this provision. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015) applies to this acquisition.� The following addendum applies:� Address for submission of invoices is U.S. Coast Guard, P.O. Box 4122, Chesapeake, VA� 23327-4122, Phone 757-523-6940 or Email address for submission of invoices is FIN-SMB-YARDTEAM@USCG.MIL . � 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -Commercial Items (MAR 2016) � FAR 52.213-4 Terms and Conditions � Simplified Acquisitions (Other Than Commercial Item).� The Contractor shall comply with the FAR clauses which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] __x_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __x_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (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 (Jul 2013) (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] X__ (14) (i) 52.219-6, Notice of Total Small Business 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 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2015) of 52.219-9. X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages�Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X__ (26) 52.222-19, Child Labor�Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126). X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). ___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT� -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT� -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT� -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___�(ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501,�et seq., 19 U.S.C. 3301 note). X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.�s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X__ (50) 52.232-33, Payment by Electronic Funds Transfer� System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer�Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: X__52.246-2 -- Inspection of Supplies -- Fixed-Price. (Aug. 1996) (a)�Definition.��Supplies,� as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract. (c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract. (d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor�s or subcontractor�s premises; provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples. (e) (1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge to the Contractor the additional cost of inspection or test. (2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary. (f) The Government has the right either to reject or to require correction of nonconforming supplies. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions. (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and, when required, shall disclose the corrective action taken. (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute. (i) (1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time -- (i) When Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract; and (ii) When the supplies will be ready for Government inspection. (2) The Government�s request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor�s plant, nor more than 7 workdays in other instances. (j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies. (k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract. (l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor�s plant at the Contracting Officer�s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedule, or (2) within a reasonable time after receipt by the Contractor of notice of defects or nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement. When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor�s plant and return to the original point when that point is not the Contractor�s plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby. (End of Clause) Alternate I�(Jul 1985). If a fixed-price incentive contract is contemplated, substitute paragraphs (g), (h), and (l) below for paragraphs (g), (h), and (l) of the basic clause. (g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly afternotice. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose the corrective action taken. Cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred, in the total final negotiated cost fixed under the incentive price revision clause. However, replacements or corrections by the Contractor after the establishment of the total final price shall be at no increase in the total final price. (h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either (1) by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the target price or, if established, the total final price or (2) may terminate the contract for default. Unless the Contractor corrects or replaces the nonconforming supplies within the delivery schedule, the Contracting Officer may require their delivery and equitably reduce any target price or, if it is established, the total final contract price. Failure to agree upon an equitable price reduction shall be a dispute. * * * * * (l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor (1) at no increase in any target price or, if it is established, the total final price of this contract, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor�s plant at the Contracting Officer�s election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in any target price, or, if it is estab...
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Place of Performance: Address: Curtis Bay, MD 21226, USA; Zip Code: 21226; Country: USA
Record: SN06122169-F 20210905/210903230116 (samdaily.us)
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W -- MANLIFT RENTAL FOR USCGC SPAR