24Q0078 Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912ES24Q0078 27-Sep-2024

b. TELEPHONE NUMBER

651-290-5768

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 11 Oct 2024

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

KARL P 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

W81G6740951695

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

ST 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 W912ES 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ENGINEERING & CONSTRUCTION DIVISION

MICHAEL DEMARS

332 MINNESOTA STREET

SAINT PAUL MN 55101

TEL: FAX:

FAX:

TEL: 651-290-5414 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$25,500,000

NAICS:

541330

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 OF80

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.

W912ES24Q0078

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

SCOPE OF WORK:

ROPE ACCESS RIGGING AND SUPERVISION

OF THE DAM SERVICE BRIDGES AT LOWER

ST. ANTHONY FALLS, LOCK AND DAM NO. 7,

LOCK AND DAM NO. 8, AND THE

PEDESTRIAN BRIDGE AT UPPER ST.

ANTHONY FALLS

1 GENERAL

The Contractor shall provide a (3) three-person rope access inspection team, which will work with USACE personnel as a joint team to perform the following tasks:

1.1 BRIDGE INSPECTIONS

Perform a combined routine and Fracture Critical Member (FCM) inspection of U.S. Army Corps of Engineers (USACE) lock and dam service bridges over the Mississippi River at:

1.1.1 Upper St. Anthony Falls (USAF) (CEXMVPMN-00USAF)

Lock pedestrian bridge located in Minneapolis, Minnesota. Approximate length of bridge is 50 feet. Total number of spans: 1.

1.1.2 Lower St. Anthony Falls (LSAF) (CENMVPMN000LSAF)

Lock and dam service bridge located in Minneapolis, Minnesota. Approximate length of bridge is 330 feet. Total number of spans: 6, 3 Tainter Gates, 1 Auxiliary Lock Chamber / Hydro Dam, 1 Main Lock Chamber, and 1 Storage Yard.

1.1.3 Lock and Dam 7 (LD7) (CENMVPMN-00LD07)

Lock and dam service bridge located in La Crescent, Minnesota. Approximate length of bridge is 940 feet. Total number of spans: 19, 5 Roller Gates, 11 Tainter Gates, and 3 Storage Yard).

1.1.4 Lock and Dam 8 (LD8) (CENMVPWI-00LD08)

Lock and dam service bridge located in Genoa, Wisconsin. Approximate length of bridge is 934 feet. Total number of spans: 18, 5 Roller Gates, 10 Tainter Gates, and 3 Storage Yard).

1.2 DAM SERVICE AND PEDESTRIAN BRIDGE REPORTS:

A final Bridge Inspection Report shall be generated for each dam service and pedestrian bridge inspected (4 total). The provided template shall be used to generate the final reports. Each report shall include the current Structural Inventory and Appraisal (SI&A) Data.

2 MVP INSPECTION TEAM MEMBERS

The St. Paul District (MVP) will supply two (2) inspectors. One (1) will be a rope access SPRAT Certified Level I bridge inspector, who will serve as an inspection team member and is the current District Bridge Safety Program Manager (BSPM). The second will be one (1) inspector to help coordinate inspection personnel and duties.

3 ACCESS

3.1 BRIDGE ACCESS

The pedestrian bridge at USAF is located at the downstream end of the lock chamber and is accessible by the land wall. The service bridge at LSAF is accessible from the land wall, and the dam service bridges at LD7 and LD8 are accessible by crossing the miter gates over the main lock chamber and auxiliary lock chamber. The service bridge at LSAF is accessed from the land wall via a staircase in the pier. Access to the bridge decks is through stairways in the dam piers.

The service bridge decks are at least 8 feet wide. All service bridges are equipped with rails to accommodate a crane or lifting carriage. Cranes will be locked out by Government personnel each day prior to the start of the inspection.

4 DURATION AND DATES

The above listed bridges are on a 60-month inspection cycle in accordance with ER 1110-2-111, USACE Bridge Safety Program, and as such all on-site inspection work shall be completed no later than November 30, 2024. Inspection duration is estimated at nine (9) total workdays, including one (1) day for contingencies. Inspection days will require ten (10) hour workdays.

Work will be required on Saturdays. Work will not be conducted on Sundays. In the event of extreme weather and or unsafe work conditions, work shall be delayed until safe working conditions are present. The target date for commencement of inspection work is October 14, 2024. The inspection commencement date shall be jointly agreed to between the contractor and the government no later than fifteen (15) calendar days after contract award. The final bridge inspection reports shall be submitted to the Bridge Safety Program Manager (BSPM) sixty (60) days after the on-site inspections.

5 CONTRACTOR REQUIREMENTS

The Contractor shall complete the following tasks:

5.1 BRIDGE INSPECTOR QUALIFICATIONS

The contractor shall provide a three (3) person rope access inspection team, which will work with USACE MVP inspection team as a joint team, to perform visual, hands-on inspections of the bridges. Contractor personnel shall be certified by the National Institute for Certification in Engineering Technologies (NICET), in bridge safety inspection IAW National Bridge Inspection Standards (NBIS). The Contractor shall also comply with the requirements of the Corps’ Safety and Health Requirements Manual EM 385-1-1.

5.1.1 Team Leader

In accordance with 23 CFR 650.309 the inspection team shall have one (1) member designated as the Team Leader. The Team Leader must meet all of the qualifications laid out in 23 CFR

650.309. An individual who has a Level III certification as a Bridge Safety Inspector under the National Society of Professional Engineer's program for NICET and has completed a Federal Highway Administration (FHWA) approved comprehensive bridge inspection training course, such as FHWA-NHI-130055 or FHWA-NHI-130056 Team Leader Training certificate or subsequent FHWA-NHI-130053 refresher training certification, would meet these requirements.

The Team Leader shall be on site during all inspection work. Team Leader shall have also successfully completed FHWA-NHI-130078 or equivalent. All certifications shall be current.

5.1.2 Team Members

The remaining two (2) team members shall have a minimum of five (5) years of bridge inspection experience and shall maintain a current FHWA-NHI-130055 training certificate or subsequent FHWA-NHI-130053 refresher training certification.

5.2 ROPE ACCESS QUALIFICATIONS

5.2.1 Rope Access Supervisor/Qualified Person (QP) for Rope Access

The contractor shall comply with the requirements of the USACE EM 385-1-1, Safety and Occupational Health Requirements. In accordance with EM 385-1-1 at least one (1) member of the contractor’s inspection team shall be a Rope Access Supervisor/QP (Team Leader) who is an experienced Rope Access Technician with qualifications stated in 5.1.1 and has completed training and certification to perform complex rigging, advanced rescue, and advanced rope access skills. The Rope Access Supervisor/QP for Rope Access (Team Leader) is responsible for the entire rope access work site, including management and oversight of Rope Access Technicians on the work site and designing, analyzing, evaluating, and specifying the rope access work systems. They must have knowledge and experience to direct rescue operations from rope access systems and be able to perform advanced rescue from rope access systems. An individual with a current Level III SPRAT or IRATA certification meets these requirements as laid out in EM 385-1-1. A Rope Access Supervisor shall be on site during all inspection work.

5.2.2 Rope Access Technician/Authorized Technician

All remaining members of the contractor’s inspection team shall be Rope Access Technicians in accordance with EM 385-1-1. Person(s) shall have completed training and certification to perform standard rope access operations including operating ascent and descent systems, using fall protection, and have the skills necessary to perform limited rescue from rope access systems.

They may only work under the direct supervision of a Rope Access Lead Technician/CP for Rope Access or Rope Access Supervisor/QP. An individual with a current minimum Level I SPRAT or IRATA certification meets these requirements.

5.3 DELIVERABLES

The contractor shall record the condition of bridge members using digital photographs and MVPs forms. Photos must be provided to the bridge safety program manager no later than seven

(7) calendar days after completion of the inspection via digital format (.jpeg, jpg, pdf) through email. All photos must contain a date, physical location description, and defect or condition description.

6 Government Furnished Data

6.1 Field Book, Coding Guide, and Inspection Forms

All necessary field books, coding guide, and forms will be provided by the St. Paul District to the contractor no later than fifteen (15) calendar days prior to the first inspection.

6.2 REPORT TEMPLATES

A Microsoft Word document (.docx) of the Corps of Engineers Bridge Inventory System (CEBIS) Standard Report Template along with a PDF copy of the previous Inspection Reports for each site will be furnished to the contractor no later than fifteen (15) calendar days prior to the first inspection.

6.3 LOCK AND DAM MAILING ADDRESSES

Upper St. Anthony Falls Lock and Dam United States Army Corps of Engineers 1 Portland Avenue Minneapolis, MN 55454-1027

Lower St. Anthony Falls Lock and Dam United States Army Corps of Engineers 1 Portland Avenue Minneapolis, MN 55454-1027

Lock and Dam No. 7 United States Army Corps of Engineers Route 2 Box 51 La Crescent, MN 55947

Lock and Dam No. 8 United States Army Corps of Engineers 4405 Highway 35 (Box 10) Genoa, WI 54632

6.4 POINT OF CONTACT

Provided after contract award

7 ADDITIONAL DETAILED REQUIREMENTS

The Contractor shall complete the following tasks and submit to the government:

7.1 COORDINATION OF OPERATION PLAN

Operation plan shall include, but is not limited to, travel logistics, rigging plan, safety plan, and site access. Rigging plan and safety plan requirements are described below. The operation plan shall be submitted to the Bridge Safety Program Manager (BSPM) no later than seven (7) calendar days prior to the first inspection, to be finalized before work begins. The Level III Team

Leader/Rope Access Supervisor shall lead a teleconference with all members of the joint inspection team at least one (1) week prior to the commencement of the inspection to discuss all aspects of the operation plan.

7.1.1 Rigging/Access Plan and Equipment

The contractor shall develop a comprehensive rigging and access plan to allow rope access inspectors to perform hands-on, and close-up visual inspection of all bridge components, including but not limited to the bottom flange, interior bracing members and all Fractural Critical Members (FCMs). The contractor shall also provide any additional equipment necessary for a potential rescue scenario. An up-to-date log of all equipment to be used for the rope access inspections, shall be kept, and maintained by the contractor. Rigging plan should be included as part of the operation plan.

7.1.2 Safety Plan

The Contractor may coordinate with the BSPM to develop and provide an individual Job Hazard Analysis (JHA) for each project, including a rescue plan; and host a pre-work safety briefing at each project site before inspection work commences. The preliminary JHAs for the project shall be developed to the extent possible with information available prior to the inspection and shall be submitted for approval to USACE as a draft as part of the operation plan prior to the first inspection. Prior to conducting any rope access work before each shift, the contractor shall hold documented safety meetings, rescue pre-planning, and complete the JHA form. The JHA shall be completed on site together between the contractor and USACE and shall be reviewed and signed by all applicable parties at the pre-work safety briefing prior to the inspection.

8 LIMITING CRITERIA SAFETY STANDARDS

All training and equipment must meet or exceed OSHA and ANSI requirements and be in accordance with the current Corps of Engineers Manual EM 385-1-1, entitled Safety and Health Requirements Manual. Contractor personnel shall follow safety guidelines for rope access to meet or exceed EM 385-1-1 (Ex: SPRAT or IRATA) requirements for quality assurance, safety, training, documentation and working practices. At the beginning of each shift, the contractor’s employees shall conduct a documented safety meeting.

9 REQUIRED INFORMATION TO BE SUBMITTED

WITH COST QUOTE

9.1 BRIDGE INSPECTOR(S) CREDENTIALS:

THE NAMES, QUALIFICATIONS, AND PREVIOUS

EXPERIENCE RECORDS OF THE INSPECTION TEAM

MEMBERS THAT WILL BE ASSIGNED TO THIS PROJECT,

TO INCLUDE SPRAT OR IRATA CERTIFICATIONS, AND

WORK EXPERIENCE SHALL BE SUBMITTED TO THE

CONTRACTING OFFICER ALONG WITH THE

CONTRACTOR’S COST PROPOSAL.

9.2 CERTIFICATIONS REQUIRED:

9.2.1 NATIONAL INSTITUTE FOR CERTIFICATION IN

ENGINEERING TECHNOLOGIES (NICET), IN BRIDGE

SAFETY INSPECTION IAW NBIS OR EQUIVALENT, PER

PARAGRAPH 5.1.1

9.2.2 SPRAT OR IRATA CERTIFIED LEVEL III ROPE

ACCESS SUPERVISOR, PER PARAGRAPH 5.2.1.

9.2.3 SPRAT OR IRATA CERTIFIED LEVEL II ROPE

ACCESS TEAM MEMBER, PER PARAGRAPH 5.2.2.

IF, POST AWARD, THE CONTRACTOR WISHES TO

CHANGE PERSONNEL THE NEW TEAM MEMBERS

SHALL MEET OR EXCEED THE INDIVIDUAL THEY’RE

REPLACING.

10 ATTACHMENTS

Four (4) Photos, USAF Pedestrian Bridge, LSAF Service Bridge, Lock and Dam No. 7 Service Bridge, and Lock and Dam No. 8 Service Bridge.

Figure 1. USAF Pedestrian Bridge

Figure 2. LSAF Dam Service Bridge

Figure 3. Lock and Dam 7 Dam Service Bridge

Figure 4. Lock and Dam 8 Dam Service Bridge

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.

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 karl.p.just@usace.army.mil and be clearly marked in the subject line of the email with the solicitation number, W912ES24Q0078. 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.

Note: Due to the Corps not using WAWF the Corps is granting the authority needed under contract clause 252.232-7003 to submit invoices via email. POC for invoice submission will be provided post award.

Questions – All questions concerning the solicitation document shall be submitted via email to karl.p.just@usace.army.mil. Answers to questions will be provided to all quoters being solicited through 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”).

For assistance with SAM, contact information is below:

Procurement Technical Assistance Center (PTAC), www.aptac-us.org, 615-268-6644 MN PTAC: www.mn.gov/admin/ptac, 651-201-2629 WI PTAC: ainav@wispro.org, 414-270-3600 SAM by GSA Hours of Operation: Monday – Friday 8am to 8pm ET, U.S. Calls 866- 606-8220, Service desk website: http://www.fsd.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Upper St. Anthony Falls (USAF)

FFP

Mississippi River Bridge Inspections Rope Access USAF Pedestrian Bridge FOB: Destination

MILSTRIP: W81G6740951695

PURCHASE REQUEST NUMBER: W81G6740951695

PSC CD: R425

NET AMT

0002 1 Job Lower St. Anthony Falls (LSAF)

FFP

Mississippi River Bridge Inspections Rope Access LSAF Service Bridge FOB: Destination

MILSTRIP: W81G6740951695

0003 1 Job Lock & Dam 7 SB (LD7)

FFP

Mississippi River Bridge Inspections Rope Access Lock & Dam 7 Service Bridge FOB: Destination

MILSTRIP: W81G6740951695

0004 1 Job Lock & Dam 8 SB (LD8)

FFP

Mississippi River Bridge Inspections Rope Access Lock & Dam 8 Service Bridge FOB: Destination

MILSTRIP: W81G6740951695

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 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-OCT-2024 TO

29-JAN-2025

N/A ENGINEERING & CONSTRUCTION

DIVISION

MICHAEL DEMARS

332 MINNESOTA STREET

SAINT PAUL MN 55101

FOB: Destination

W912ES

0002 POP 15-OCT-2024 TO

29-JAN-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 15-OCT-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 15-OCT-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

SEP 2023

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

NOV 2023

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

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 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

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:

Price Technical Qualifications

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

COMMERCIAL SERVICES (FEB 2024) ALTERNATE I (FEB 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 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.

"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. 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 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.]

(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 124.1002.

(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.

(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.

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and 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 Subparts 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…