23Q0007 LHE Inspection Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES23Q0007 05-Dec-2022

b. TELEPHONE NUMBER

651-290-5375

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 19 Dec 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ES9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROBERTA L JUST

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

USACE, ST PAUL

332 MINNESOTA STREET

SUITE E1500

SAINT PAUL MN 55101-1323

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 965605 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FOUNTAIN CITY SERVICE BASE

AARON PIPELOW

431 NORTH SHORE DRIVE

FOUNTAIN CITY WI 54629-0397

TEL: 651-290-5166 FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333923

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF39

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912ES23Q0007

Section SF 1449 - CONTINUATION SHEET

SCOPE OF WORK

SCOPE OF WORK

1. GENERAL:

In accordance with FAR 13.303, this Basic Ordering Agreement (BOA) will be utilized for the purpose of ordering any combination of services as described within the scope of work. The work and services covered by this agreement shall consist of furnishing all Certified Inspectors, materials, supplies, practical testing equipment, supervisions, and incidentals necessary to provide services associated with inspecting and certifying Load Handling Equipment (LHE), for the Corps of Engineers, St. Paul District Area of Responsibility, which includes but is not limited to the following project sites:

Fountain City Service Base – Fountain City, WI Upper Saint Anthony Falls – Minneapolis, MN Lower Saint Anthony Falls – Minneapolis, MN Lock and Dam 1 – Minneapolis, MN Lock and Dam 2 – Hastings, MN Lock and Dam 3 – Welch, MN Lock and Dam 4 – Alma, WI Lock and Dam 5 – Minnesota City, MN Lock and Dam 5A – Fountain City, WI Lock and Dam 6 – Trempealeau, WI Lock and Dam 7 – La Crescent, MN Lock and Dam 8 – Genoa, WI Lock and Dam 9 – Eastman, WI Lock and Dam 10 – Guttenberg, IA BlackHawk Park – DeSoto, WI Cross Lake – Crosslake, MN Eau Galle Recreation Area – Spring Valley, WI Gull Lake – Brainerd, MN Homme Lake – Valley City, ND Lac Qui Parle Lake – Watson, MN Lake Ashtabula / Baldhill Dam – Valley City, ND Lake Traverse – Wheaton, MN Lake Winnibigoshish – Grand Rapids, MN Leech Lake – Federal Dam, MN Orwell Lake – Fergus Falls, MN Pokegema Recreation Area – Grand Rapids, MN Sandy Lake – McGregor, MN Dredge Goetz – Operating locations from Mississippi River mile 795 (near Red Wing, MN) to

Mississippi River mile 194 (near Granite City, IL)

2. ORDERING:

Each order will be competitively procured. The Government will issue a Request for Quotation (RFQ) to all BOA holders to the Contractors’ Point of Contact (POC).

The RFQ will contain the following at a minimum:

• Unique RFQ#

• Requirement Description/Services to be Provided

• Applicable maps, links, and or notes for the proposed task

• Response Date & Time

• Government POC

If interested in quoting, the Contractor shall return a completed quote to the Government POC by the date and time specified, by email. The Contractor is not required to quote on every RFQ, and negative responses are not required, unless stated in the RFQ.

The Government will not evaluate/award prior to the response date and time stated in the RFQ.

An award decision will be made based on an evaluation of quote(s) as outlined within the individual RFQ.

Awards will be issued as Task Orders against the BOA Master.

If awarded a call order for repairs of load handling equipment, any subsequent call orders issued for inspection of such repairs shall be completed by a separate contractor or third party. A contractor shall not be permitted to provide re-certification of load handling equipment due to repairs or modification in-which such contractor made the specific repair or modification unless a third-party contractor is acquired to perform and re-certify such repair or modification.

BOAs will be evaluated annually and may remain in place for up to five (5) years. Annual review of BOAs will be performed to determine whether the Government is receiving fair and reasonable pricing, which may result in either continuing the BOA or early termination. Early termination may result if the Government no longer has a requirement for the general services provided by the Contractor. Based on the responses received, multiple BOAs may be awarded. The submission should clearly state which capabilities (all or some) can be provided.

3. EQUIPMENT: See Attachment A - LHE Asset List.

4. AUTHORIZED PURCHASERS:

Only the authorized purchasers as described in this paragraph can purchase under this BOA. Only a warranted Contracting Officer from the U.S. Army Corp of Engineers – St. Paul District, Contracting Office is authorized to make purchases against the Master Agreement.

5. BOA ORDER LIMITATIONS:

The maximum dollar purchase per Task Order is: $75,000

6. INVOICE & PAYMENT INFORMATION:

BOA orders will be invoiced & billed separately. Each order will contain instructions concerning who to send invoices and shipping documents.

7. SECURITY:

Contractor personnel performing work under this contract are responsible for applicable security requirements at time of the proposal submission and must maintain the level of security required for the life of the contract.

The following requirements shall be implemented and adhered to throughout the life of the contract:

a. Access and General Protection/Security Policy and Procedures: All contractor and all associated sub-contractors’ employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks or background investigation and to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. Access Control List: The Contractor will provide the Contracting Officer an Access Control List (ACL) which lists all employees to be on site during the duration of the LHE inspections. Employees not listed on the approved ACL but are on site will be required to leave. As employees are added or deleted from the submitted and approved ACL, this information must be reported immediately to the Contracting Officer.

Added employees will not be permitted on-site until requirements of this paragraph are completed, submitted, and approved. In the event that an unexpected change in personnel is required, due to sudden absence of a critical employee or unforeseen change in work site condition, the Contractor shall immediately contact the Contracting Officer to obtain written approval for new/additional personnel to be brought on site prior to background check acceptance.

c. Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the COR) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

d. All contractors will be escorted at all times while on-site performing inspections.

8. SAFETY:

The Contractor shall comply with the applicable provisions of the current EM 385-1-1, Safety and Health Requirements Manual, U.S. Army Corps of Engineers (current edition), OSHA, ANSI, ASME B30, NFPA, state and local requirement.

If the Contractor fails or refuses to promptly comply with the safety requirements as specified herein, the Contracting Officer may issue an order stopping all or part of the work for each call order affected by the infraction until satisfactory corrective action has been taken. No part of the time lost due to any such stop shall be made subject to claim for extension of time or for excess costs or damages to the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order. The Contractor shall be required to submit an Accident Prevention Plan for review by the COR before performing any work. Reference is made to the EM 385-1-1, Appendix A, Accident Prevention Plan Checklist (Form A-02), which details the requirements of the Accident Prevention Plan. 1 Hard copy and an electronic version, in PDF format, of the Accident Prevention Plan shall be submitted to the Contracting Officer and COR within 30 business days after date of award and within five (5) working days when changes are made thereafter. After acceptance of the Accident Prevention Plan, the Contractor shall receive the Contracting Officer acceptance in writing of the plan or any proposed change to his safety program.

The contractor shall check in at each facility for Site Specific Safety orientation.

Mishap Reporting: A mishap is any unplanned, undesired event that occurs during the course of work being performed. The term “mishap” includes accidents, incidents and near misses. See Appendix Q of the EM 385-

1-1 for definitions and the reporting thresholds and criteria in Section 01.D.03. Employers and supervisors are responsible for reporting all recordable mishaps to the COR within 24-hours after notification from the affected employee.

9. SERVICES:

Request for Quotes may be issued for performance of a range of services associated with Load Handling Equipment Inspection that will fall into one of the broad categories of services below:

Load Handling Equipment Inspection and Certification Wire Rope Analysis/Inspection

Typical Load Handling Equipment includes but is not limited to Lattice Boom Crawler Cranes, Mobile Hydraulic Telescopic Boom Cranes, Pedestal Mount, Rail cranes, Powered Industrial Trucks Telehandlers, Skid Loaders, Earth moving equipment, overhead cranes, Aerial Lifts such as Scissors lift, Telescopic boom lift and articulating boom lift, davit cranes, portable gantry cranes.

10. TECHNICAL REQUIREMENTS FOR SERVICES:

a. Applicable Publications: The Contractor shall perform inspections and perform testing and training in accordance with the latest additions of the applicable publications as indicated below. They include but are not limited to:

Manufacturer Recommendations: For equipment, supplies, and materials used/or inspected by the Contractor Operating Manuals, Repair Manuals and Maintenance Manuals Industrial Standards and Codes Underwriters Laboratories, Inc.

American National Standards Institute (ANSI) American Society for Testing and Materials (ASTM) American Society of Mechanical Engineer (ASME), including but not limited to: ASME B30, Mobile and Locomotive Cranes, Safety Standard for Cableways, Cranes, Derricks, Hoists, Hooks, Jacks, and Slings, copies of which are available for purchase at https://www.asme.org/products/codes-standards/b305-2011-mobile-locomotive-cranes

National Electrical Code National Fire Protection Association EM 385-1-1 (Current Version) ER 385-1-91 (Current Version) Code of Federal Regulations, 29 CFR1926 Subpart CC, Department of Labor, Occupational Safety and Health Administration - Cranes and Derricks in Construction, copies of which are available at http://www.gpo.gov/fdsys/pkg/FR-2010-08-09/pdf/2010-17818.pdf

Army Regulation, AR 600–55, The Army Driver and Operator Standardization Program (Selection, Training, Testing, and Licensing), copies of which are available at http://www.wsmr.army.mil/pdf/AR600_55.pdf

29 OSHA 1910 &1926

Occupational Safety and Health Administration American Institute of Steel Construction

b. Damages to Government Property: The Contractor shall use reasonable care to avoid damaging buildings, equipment, vegetation and other Government property or members of the public. If the Contractor damages or loses any of this property, the Contractor shall replace or repair the damage, at no cost to the Government, to the approval of the Contracting Officer. A written report of the incident and extent of such damage shall be submitted to the Contracting Officer within two (2) working days (less weekends and holidays) of the occurrence. If the Contractor fails or refuses to make such repairs or replacements, the government shall pursue other means for remediation, and the Contractor shall be liable for all cost and incidentals associated with such means.

c. Contractor Furnished Equipment and Materials: The contractor shall furnish all labor, materials and supplies for services associated with Load Handling Equipment Inspection, certification, and wire rope inspections. When a call order requires the use of equipment or vehicles, the operator must be qualified to operate the equipment.

d. Load Handling Equipment Inspection and Certification Criteria: The Contractor shall inspect and conduct performance testing in accordance with the appropriate and applicable sections of OSHA 1910, 1926, ASME B30, and EM 385-1-1 and manufacturer’s recommendations.

e. Crane Specific Inspection Criteria: Contractor shall functionally test all Hydraulic, mechanical, and electrical systems through full range of operation in accordance with requirements outlined in the EM 385-1-1. The main and auxiliary hoists are to be functionally tested without load to verify the proper operation of controls. Verify safety devices for proper operation. Government will provide certified, qualified, and designated operators for inspections, and to operate the LHE.

f. Wire Rope Inspection Criteria: The Contractor shall inspect in accordance with the appropriate and applicable sections of OSHA 1910, 1926, ASME B30, and EM 385-1-1 and manufacturer’s recommendations.

11. PRE-SERVICE SUBMITTALS:

Prior to providing any services against call orders issued in association with this BOAS the contractor shall submit the following submittals for government approval. Submittals shall be kept on file for future call orders. Any revisions or alterations to previously approved submittals shall be re-submitted for government approval prior to implementing any such revision. The following submittals shall be submitted within 30 calendar days from award of the BOA unless otherwise specified.

Security: All submittals as specified in Section 01000, Paragraph 4 – Security and associated sub-paragraphs.

Accident Prevention Plan: All submittals as specified in Section 01000, Paragraph 5 – Safety and associated sub-paragraphs.

Inspectors: Submit all qualifications and required certifications for all qualified personnel to be utilized for services under this BOA.

LHE Inspection Form: Submit prior to performance of LHE Inspections all inspection forms and checklist to be utilized for inspection of LHE. Forms and Checklist shall be in compliance with and cover all appropriate and applicable requirements of OSHA 1910, 1926, ASME B30, and EM 385-1-1 and manufacturer’s recommendations or requirements for certification.

12. POST-SERVICE DELIVERABLES:

Upon completion of services as required by Call Orders against this BOA the contractor shall submit the following deliverables within 10 calendar days from completion of any training, testing, and/or inspections provided unless otherwise specified within Call Orders issued. Submission of deliverables shall be required prior to final acceptance and payment for associated services. Deliverables include but are not limited to the following:

LHE Inspection Form and Certificates: Submit completed Load Handling Equipment Inspection Forms and Inspection Certification for each piece of LHE inspected indicating company performing inspection, equipment inspected, inspection type completed, certification date, and signature of qualified inspector.

Identify any deficiencies preventing certification and corrective actions required to ensure certification upon re-inspection.

Various Reports: Submit reports as required and identified in each call order

NOTES TO OFFERORS

NOTES TO QUOTERS

This section provides general guidance for preparing the quotation in response to this solicitation. The Quoter’s response to this solicitation must include all data and information requested herein in accordance with these instructions.

Price Proposal: This is the solicitation in its entirety. Quoter to complete the following:

Standard Form 1449 Solicitation/Contract/Order for Commercial Items - Complete Blocks 17, and 30a/b/c

Acknowledgement of Amendments – Complete only as necessary and provide signed copies of the Standard Form 30 Amendment of Solicitation/Modification of Contract with your quote.

Price Quote– All pricing (unit, total, subtotal, grand total, etc.) must be in whole penny amounts.

o Note: Freight and/or shipping & handling charges shall be included in the unit price for the generators. Please do not quote freight charges separately.

FAR Clause 52.212-3 Offeror Representations and Certifications – Commercial Items (Feb 2021) Alternate I (Oct 2014) – This provision is included by reference. Review paragraph (b)(2) “Annual Representations and Certifications” of the basic clause at https://www.acquisition.gov/, complete as necessary and return one copy with your quote.

Submitting Quotes – All transmittals shall be submitted electronically to roberta.l.just@usace.army.mil and be clearly marked in the subject line of the email with the solicitation number, W912ES23Q0007. Quotes must be received no later than the date and time stated in the solicitation. Quotes received after the deadline are Late and may not be considered for contract award.

Questions – All questions concerning the solicitation document shall be submitted no later than 2:00 PM CST December 13, 2022 via email to roberta.l.just@usace.army.mil. Answers to questions will be provided to all quoters being solicited though an amendment, giving due regard to the proper protection of proprietary information.

QUOTERS SHALL BE REGISTERED IN SAM (System for Award Management) https://www.sam.gov to include the FAR and DFARS Reps and Certs sections (refer to FAR Clause 52.204-13 “System for Award Management Maintenance”).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job LHE Inspections

FFP

FOB: Destination

PSC CD: R425

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-NOV-2027 1 FOUNTAIN CITY SERVICE BASE

AARON PIPELOW

431 NORTH SHORE DRIVE

FOUNTAIN CITY WI 54629-0397

651-290-5166 FOB: Destination

965605

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

SEP 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

MAY 2022

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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 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.

(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 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.

(End of 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:

i) TECHNICAL Qualifications/Experience of Personnel: The offeror must provide information demonstrating the qualifications of personnel to meet the requirements as defined in Technical Requirements for Services of the BOA Statement of Work, to include:

1) A listing of all personnel who will be assigned to perform as primary or as back-up for the required services.

2) Resume of personnel, including recent work experience and education. Provide copies of degrees and training (Qualified personnel must show documented proof of at least (10) years of experience in the field of load handling equipment inspection and/or wire rope inspection). Must show extensive knowledge for the manufacturer and/or type of equipment that is being requested to inspect. Certifications in the field of Load Handling Equipment (LHE) inspections preferred.

3) Provide sample form(s)/checklist(s) that will be used at the time of inspection. Sample form(s)/checklist(s) shall be in compliance with and cover all appropriate and applicable requirements of OHSA 1910, 1926, ASME B30, EM 385-1-1, and manufacturer’s recommendations or requirements for certification.

ii) PAST PERFORMANCE Technical compentance for specific LHE Inspection, as outlined above.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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 are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. 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.

“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 concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, 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 124.1002, 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 $750,000 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 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 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 the stock of which 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 its stock is owned by one or more women; or

(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.

(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.]

(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 it ( ___ ) is, ( ___ ) is not a small business concern.

(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) Service-disabled veteran-owned small business 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 as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) 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 124.1002.

(5) 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.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) 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.

(9) 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:

(10) 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, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each…