Sol_140FS225Q0065_Amd_0002.pdf

(x)

140FS225Q0065

x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

FS2

Falls Church VA 22041 FWS, SAT Team 2

FWS SAT 2

02/14/20250002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

02/14/2025

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

ND - KULM WMD - Remediation of Small Arms Firing Range - 0002

FWS PPR #2070509

The purpose of this amendment is to revise the technical experience evaluation factor, now requiring two projects completed within the last 10 years that demonstrate experience in firing range remediation. Each submission shall include a reference.

All other terms and conditions not listed herein remain unchanged and in effect.

FWS Contracting Officer Dana Arnold, dana_arnold@fws.gov

Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Dana Arnold

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 38

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140FS225Q0065/0002

Technical POC Name/#: Robert McGinn (612)

713-5235

Alternate Technical POC Name/#: Krista Lundgren

(701) 647-2866

Period of Performance: 05/01/2025 to 04/30/2026

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

140FS225Q0065 0002

ND - KULM WMD

Remediation of Small Arms Firing Range

Standard Form 1449– RFQ #140FS225Q0065 0002 Q&A Provisions Clauses List of Documents, Exhibits and Other Attachments

Quotes due: March 13, 2025, at 3 PM Eastern Time via e-mail to dana_arnold@fws.gov

Offerors must submit quotes via email to Ms. Dana Arnold at dana_arnold@fws.gov. All interested

Contractors shall provide a quote as follows:

• SF 1449: Provide a completed SF 1449 with signature. Provide all signed amendments (SF 30) if issued for this notice.

• Company Information: Provide name of firm, subcontractor (if applicable), and the offeror point of contact name, phone number, and e-mail address and SAM.gov Unique Entity Identifier (UEI). Vendors must be registered and active in SAM.gov to be considered for the award action.

• Completed Provisions: A completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial and 52.204- 24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) shall be included for consideration.

• Technical Capabilities: The offeror shall submit a narrative response that clearly demonstrates its understanding of and the approach to accomplishing the service requirements set forth in the performance work statement. The Government will evaluate the offeror’s narrative statement to assess the offeror’s comprehension of the technical requirements of the project, its ability to meet relevant deadlines, and its capacity to successfully execute the specified tasks.

• Technical Experience and Past Performance:

Technical Experience:

The Government will evaluate the offeror’s prior experience submission to determine if it has met all proposal submission requirements and to determine whether the offeror has sufficient experience to successfully complete the contract requirements.

Offerors shall provide up to 2 projects within the last 10 years that demonstrate its experience performing firing range remediation (see attached Technical Experience and References Form). Each submission shall include a reference.

Past Performance:

The Contractor Performance Assessment Reporting System (CPARS) records of offerors will be reviewed as part of the quotation evaluation process. Past performance will be assessed and rated as satisfactory, unsatisfactory, or neutral. In mailto:dana_arnold@fws.gov

Remediation of Small Arms Firing Range the absence of available CPARS records, the vendor's past performance will be considered neutral.

• Price Quotes:

Quotations shall be submitted on the enclosed pricing form (SF 1449) and attachment #4 “Quotation Form Kulm WMD SAFR 2024”. The Government will evaluate the reasonableness of pricing submissions based on other quotes received. The Government will evaluate offers for award purposes by adding the total price for all options (to include the Option to Extend Services, FAR 52.217-8) to the total price for the basic requirement.

Q&A

Q1. Are there existing monitoring wells on the berm face and if not, is the contractor required to install these monitoring wells in the berm face to perform the Low Flow method? Thank you for your time.

Answer: There are currently no wells installed. The contractor will be required to install the monitoring wells.

Q2. Can an alternative lead stabilization product be used in lieu of portland cement for lead stabilization?

Answer: Yes, the Portland Cement was an example.

Q3. Are bidders to assume using existing berm as (sampled as clean) backfill? Grade surfaces to promote positive drainage. Please advise.

Answer: The face of the berm shall be left with a slope of no more than 60 degrees. The berm will be spread out over the area by the Service

Q4. Will contractors need to provide pre and post topographic surveys Answer: The contractor needs to provide sampling results and map showing the range has been cleaned and meets regulatory standards.

Q5. Can a line item be added to the base bid (and additional work as required section) for offsite transportation and disposal of non-hazardous contaminated soil, per ton (loading, transportation and disposal)?

Answer: The base bid shall include all costs associated with the subject project, including disposal and/or treatment of contaminated soil at an approved facility. You may provide any additional fees that would result from additional work on the “Quotation Form Kulm

WMD SAFR 2024.”

Q6. Does FWS plan to use the range for shooting in the future? If not what is the intended use?

Answer: No. It will be restored to grassland habitat.

Q7. At the completion of remediation activities, how should the restoration of exposed soil be performed? (grass seed, fertilizer, erosion blanket, etc.)

Answer: N/A. FWS will handle the restoration activities immediately after remediation has been completed.

Remediation of Small Arms Firing Range

Q8. Presumably there will be remnants of the berms comprised of clean soil after the remediation is completed; should the clean soil remaining in the berms be left as is or do you require this soil be graded to remove the berms? The question pertains to the main berm and side berms.

Answer: Leave as is.

Q9. Have any soil samples been collected and analyzed for metals on the berm to date? If so can you provide the results.

Answer: No. There are none that FWS is aware of.

Q10. Can the wood target boards immediately in front of the berm be removed?

Answer: Yes, the target boards in from of the berm can be removed and will be the responsibility of the contractor to dispose of this material.

Q11. Will the brush be mowed down prior to our arrival? If not, can all green waste be left on site, maybe behind the berm or does it need to be removed from site?

Answer: There is no brush in the work area—only grass. It will not be mowed. Yes.

Green waste can be left on site.

Q12. Regarding PWS 5.5b, what metals do you want analyzed for the GW samples?

Answer: The ground water samples shall be sampled for Cu, Ni, Pb, Zn, Sb, Sn, and As.

Q13. Is it possible for the government to share geologic conditions and depth to groundwater at the site?

Answer: https://websoilsurvey.nrcs.usda.gov/app/ Web Soil Survey contains soils and depth to groundwater.

Q14. PWS Section 5,5, b.: Does the government have any requirements regarding the installation of the two groundwater monitoring wells to collect low-flow samples from the berm face?

Answer: The contractor will follow all requirements for installation of monitoring wells per state requirements.

Q15. The government has provided a guide for removal of soil from the back-stop berm. Can field screening be performed after initial excavations to guide additional berm removal? This guidance, along with additional excavations during the first mobilization to the site, may increase the probability of confirmation samples results below Statewide Default Background Levels, thus saving the cost of additional mobilization and confirmatory samples.

Answer: Yes, field screening can be used to guide additional berm removal. The final confirmatory samples must be from soil test analyzed at a lab.

Q16. PWS Section 5.3: Please confirm if the discrete random soil samples within the SAFR perimeter are surface soil, and if not, at what depth they should be collected from. Per Section 5.3,

b. “the contractor shall provide a map designating the area and the amount of material that needs to be removed from the area in cubic yards.” Without collecting samples below ground surface this will not be possible.

Answer: Guidance on sampling and analytical procedure for soil characteristics at ranges can be found in Characterizing and Remediating Soils at Closed Small Arms Firing Ranges (ITRC 2003a)

Q17. PWS Section 5.3: Soil samples will be collected for metals within the SAFR perimeter.

Please confirm that, should metals concentrations exceed state and/or federal limits, soil identified for removal is not included in the costs of this proposal.

https://websoilsurvey.nrcs.usda.gov/app/

Remediation of Small Arms Firing Range

Answer: The scope of work includes 120 cubic yards of soil. If additional soils need to be removed the contractor will provide a cost per cubic yard. The contractor would provide a map of soil to removed and an estimate of amount of material to be removed.

Q18. Quotation Form: If a second round of sampling occurs due to elevated lead concentrations will the contractor need to sample for all seven metals listed in the PWS and Quotation Form, or just Lead?

Answer: The contractor will need to sample for any metal that is above the standard.

Example: If the level for lead and arsenic is exceeded, both these would need to be sampled. The others could be excluded from the next set of samples.

Q19. Has Phase I and/or Phase II Environmental Assessments meeting ASTM standards been completed for the site? If so, please provide complete copies of those documents for reference.

Answer: No, a Phase 1 and a Phase II Environmental Assessment has not been completed.

Q20. SOW Section 5.3.a: Are the two (2) background samples required for collection discrete samples and at what depth should they be collected?

Answer: The background samples shall be taken at 3-inch depth.

Q21. SOW Section 5.3.a: At what depth should the twenty-five (25) discrete random samples be collected from areas within the SAFR perimeter?

Answer: Guidance on sampling and analytical procedure for soil characteristics at ranges can be found in Characterizing and Remediating Soils at Closed Small Arms Firing Ranges (ITRC 2003a)

Q22. AO4 – Attachment 1: The target berm appears to be vegetated in the photographs provided.

Should the vegetation be removed prior to excavating the face of the berm as required in SOW Section 5.4.b? If removed, can it be left onsite?

Answer: The vegetation is grass. It can be removed.

Q23. SOW Section 5.4.c: Is the Contractor being asked to sieve and remove lead bullets and lead bullet fragments to facilitate the waste characterization sampling and waste profiling, or to facilitate acceptance by the disposal facility? If the disposal facility does not require the bullets and bullet fragments to me removed, can this requirement be omitted?

Answer: This is best management practice, and the state will require the removal of the bulk lead from the face of the berm.

Q24. SOW Section 5.4.e: The Contractor is being asked to perform SPLP or TCLP analysis to determine suitability of the soils to be disposed of at a certified Subtitle D landfill. Additional analytical data beyond SPLP and TCLP is required for waste profile approval at Subtitle D landfills.

Should the contract assume that all applicable analytical data at the required frequency be collected during this task?

Answer: Yes, the contractor will be responsible for conducting these tests and providing results to the U.S. Fish Wildlife Service, State of North Dakota Department of Environmental Quality as part of the submission for closure, and the landfill receiving the waste.

Q25. SOW Section 5.4.e.2.b and PRS#10: The SOW states that the Contractor is to assume that the material will not be classified as hazardous waste. However, SOW Section 5.4.e.2.b requests that the Contractor provide the cost for stabilizing two (2) cubic yards of soil.

Should the stabilization of two (2) cubic yards of soil be provided as an optional CLIN or should it be provided within the lump sum cost for this RFP? Please indicate how the Contractor is to rectify PRS #10, Item 2 which states “Perform soil stabilization to all soils exceeding hazardous levels.”

Remediation of Small Arms Firing Range

Answer: It should be provided as an option. This task will not be needed if the material does not need to be stabilized.

Q26. SOW Section 5.4.e.2.b: May the Contractor use alternative, proven amendments to Portland cement?

Answer: Yes, the contractor can select another proven method. The Portland Cement was provided as an example.

Q27. SOW Section 5.5.b: Are groundwater monitoring wells currently in place for collecting the requested groundwater samples? If they are, please provide the monitoring well construction details? If groundwater monitoring wells are not in place, what is the depth to groundwater at the site?

Answer: No groundwater monitoring wells are installed at this location.

https://websoilsurvey.nrcs.usda.gov/app/ Web Soil Survey contains soils and depth to groundwater.

Q28. SOW Section 5.5.b: May other NDDEQ approved methods be utilized to ascertain the potential for groundwater impacts from lead soil contamination?

Answer: Yes, you may use other methods approved by NDDEQ to ascertain the potential for groundwater impacts from firing range soil contamination.

Q29. General: Is a water source available for use at the site, and if so, is there any associated cost for use that will be incurred by the Contractor?

Answer: Maintenance Shop has hose connects. No Hydrant available. The station is on rural water provide by the county. The contractor would need to pay for the cost of water they use at the site. The cost would be what the rate is from the county. We are currently looking up the cost, but it is not available at this time.

Q30. General: Once soil has been excavated from the berm face and confirmation samples determine that all contaminated soil above regulatory levels have been removed what are the restoration requirements? Is the Contractor required to rebuild the face of the berm to its original condition? Should the restored face of the berm be seeded?

Answer: N/A. FWS will handle the restoration activities immediately after remediation has been completed.

Q31. The Solicitation states that Offeror proposals shall be on the RFQ Standard Form (SF) 1449 but also indicates that Attachment #4 “Quotation Form Kulm WMD SAFR 2024” should be included. Should the value included on SF 1449 - Box 24 be the value of the base item provided on Attachment 4 only, or should the Optional Items also be included in the value? Please confirm that Attachment #4 should be completed and included as an attachment to the Offeror’s proposal.

Answer: Please include only the base quote on the SF 1449 form. Costs for additional work should be submitted only on the “Quotation Form Kulm WMD SAFR 2024”

Q32. Technical Experience and Past Performance: We understand that FWS will utilize the Contractor Performance Assessment Reporting System (CPARS) records to evaluate past performance. May Offerors also provide references per completed and signed Past Performance Questionnaires (NAVFAC/USACE Form PPQ-0) to demonstrate our past performance’s merit and technical ability?

Answer: Past performance will only be evaluated through CPARS as indicated in the solicitation.

https://websoilsurvey.nrcs.usda.gov/app/

Remediation of Small Arms Firing Range

Provisions

Provisions by Reference:

The following provisions are hereby incorporated by reference:

52.204-7 System for Award Management. (NOV 2024)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-22 Alternative Line Item Proposal. (JAN 2017)

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

(DEC 2023)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (SEP 2023)

52.217-5 Evaluation of Options. (JUL 1990)

52.237-1 Site Visit. (APR 1984)

Provisions in Full Text:

52.201-1 Acquisition 360: Voluntary Survey. (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link:

https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest. It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the

Remediation of Small Arms Firing Range meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

Remediation of Small Arms Firing Range

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item

Remediation of Small Arms Firing Range being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

(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:

• Evidence of the offeror's technical capabilities in accordance with the Performance Work Statement, demonstrated through the submission of a narrative statement.

• Technical Experience

• Past performance

• Price

Evidence of the offeror's technical capabilities in accordance with the Performance Work Statement, demonstrated through the submission of a narrative statement, technical experience, and past performance, when combined, are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options (to include the Option to Extend Services, FAR 52.217-8) to the total price for the basic requirement. A six-month extension of services, in accordance with FAR 52.217-8, will be evaluated by the Government based on the base period pricing. 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.

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who

Remediation of Small Arms Firing Range are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Remediation of Small Arms Firing Range

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C.

Remediation of Small Arms Firing Range

101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that-

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only

Remediation of Small Arms Firing Range changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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.

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 electronically on

SAM.]

Remediation of Small Arms Firing Range

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It ___ is, ___ is not a small business concern; or

(ii) It ___ is, ___ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it ___ is, ___ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it ___ is, ___ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, ___ is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _______________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture.

The offeror represents that it ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ___ is, a women-owned business concern.

Remediation of Small Arms Firing Range

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ____________________.

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It ___ is, ___ is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It ___ is, ___ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Representations required to implement provisions of Executive Order 11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It ___ has, ___ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It ___ has, ___ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It ___ has developed and has on file, ___ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It ___ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

Remediation of Small Arms Firing Range

(1)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item,"…