33310525Q0002 Oil Water Separator.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

1218-0196

33310525Q0002 01-06-2025

Cheryl Rice 202-416-8089 01-21-2025

1:00 PM EST

The John F Kennedy Center Attn: Contracting 2700 F Street, N.W.

Washington DC 20566-0001

X 100

X

562998

$16.5 Million

N/A

X

JFKC Center for the Performing Arts Loading Dock #1

Washington DC 20566-001

The John F Kennedy Center Attn: Contracting

Washington DC 20566-0001

See CONTINUATION Page

This RFQ is solicitating for Commercial Services utilizing Simplified Acquisition Procedures (SAP).

This RFQ is for Commercial Services for Yearly Pit Cleaning of Oil/Water Separators and Repairs under NAICS Code 562998

Miscellaneous Waste Management Services.

A mandatory site visit for this RFQ will be held on Monday, 01-13-2025, 11:00 AM EST.

Location of Site Visit: John F. Kennedy Center for the Performing Arts (The Center), 2700 F Street NW, Washington, DC 20593, Hall of Nations. RFI's are due by Wednesday, 01-15-2025, 10:00 AM EST.

Responses to RFI's will be issued via an amendment to the RFQ. See Instructions on Page 16 of RFQ.

See CONTINUATION Page

X X

33310525Q0002

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

A.3 DELIVERY SCHEDULE

ADDITIONAL PROVISIONS/TERMS AND CONDITIONS

A.4 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

A.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

ADDENDUM to FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

A.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

A.7 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

A.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

A.9 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

A.10 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

A.11 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

A.12 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

CONTINUATION PAGE

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION

OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

4.00 JA ______________

Annual Cleanings on Four Oil/Water Separator Pits 1 Job Per Pit for a total of four jobs.

1.00 LO ______________

Emergency Repair Services on an As Needed Basis Time and Material Services Not to Exceed:

Contractor to insert the hourly rate for emergency services and the basis for the calculation.

GRAND TOTAL ______________

A.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

4.00

1.00

OPTIONAL CONTRACT LINE ITEM

NUMBERS

OPTION YEAR 1:

10-01-2025 – 09-30-2026

CLIN

DESCRIPTION

QUANTI

TY

UNIT

PRICE

AMOUNT

1001 Annual Cleanings on Four Oil/Water Separator Pits – 1 Job Per Pit for a total of four jobs.

4 JOBS $ $

1002 OWS Maintenance Repair and Emergency Services on an As Needed Basis.

Time and Material Services Not to Exceed:

Contractor to insert the hourly rate for emergency services and the basis for the calculation.

1 LOT $ $

TOTAL $

OPTION YEAR 2:

10-01-2026 – 09-30-2027

2001 Annual Cleanings on Four Oil/Water Separator Pits – 1 Job Per Pit for a total of four jobs.

4 JOBS $ $

2002 OWS Maintenance Repair and Emergency Services on an As Needed Basis.

Time and Material Services Not to Exceed:

Contractor to insert the hourly rate for emergency services and the basis for the calculation.

1 LOT $ $

OPTION YEAR 3:

10-01-2027 – 09-30-2028

3001 Annual Cleanings on Four Oil/Water Separator Pits – 1 Job Per Pit for a total of four jobs.

4 JOBS $ $

3002 OWS Maintenance Repair and Emergency Services on an As Needed Basis.

Time and Material Services Not to Exceed:

Contractor to insert the hourly rate for emergency services and the basis for the calculation.

1 LOT $ $

OPTION YEAR 4:

10-01-2029 – 09-30-2030

4001 Annual Cleanings on Four Oil/Water Separator Pits – 1 Job Per Pit for a total of four jobs.

4 JOBS $ $

4002 OWS Maintenance Repair and Emergency Services on an As Needed Basis.

Time and Material Services Not to Exceed:

Contractor to insert the hourly rate for emergency services and the basis for the calculation.

1 LOT $ $

THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

YEARLY PIT CLEANING OF OIL/WATER SEPARATORS SCOPE OF WORK

THE

KENNEDY

CENTER

1.0 BACKGROUND:

The John F. Kennedy Center for the Performing Arts (the Center) is a trust instrumentality of the

U.S. Government and a living Presidential memorial. The Center fulfills its obligation as a living memorial to the late President through the presentation of performing arts programming and through education activities both in the District of Columbia and around the country. The largest cultural facility of its kind, it is the nation’s busiest arts facility presenting more than 2,000 performances each year. It currently consists of one building encompassing approximately

1,500,000 square feet of usable floor space and is situated on 17 acres of land overlooking the

Potomac River. A 65,000 square foot addition to the facility known as The Reach has been added to the facility. The Center houses nine theaters, production support areas, two public restaurants, nine function/special event rooms, five public galleries/halls/foyers, approximately 50,000 square feet of administrative offices and a large parking facility. It attracts over three million visitors annually. The facility operates 365 days per year and support systems in the building often operate at capacity in excess of 14 hours per day.

The site of the Center is bounded by:

• East: The Western most retaining walls and curbs of the Inner Loop Freeway

• South: The Northernmost retaining walls and curbs of the Theodore Roosevelt

Bridge

• West: The Easternmost retaining walls and curbs of the Rock Creek Parkway

2.0 PURPOSE:

The purpose of this requirement is to solicit and award a contract for contractor support services to perform yearly pumping of four (4) oil/water separators (OWS) identified by dimensions in this scope of work; and to perform oil water separator maintenance and repair on an as required basis.

3.0 SCOPE:

The Contractor shall be responsible for providing all labor, parts, materials, supplies, equipment, transportation, Personal Protection equipment, and supervision necessary in order to complete all cleaning such as but not limited to the removal of large debris items the pump cannot remove; rinsing any oil/grease off sidewalls and basin; and inspection of the OWS pit walls for deforms, cracks and damage. This will include: draining, inspection and pumping of the oil/sludge from the trap side of the OWS pits at the

Center.

The Contractor shall perform OWS MAINTENANCE/REPAIR services on an as required basis. These services shall include but are not limited to: repairs of the pit walls, repairs to the lids/covers, replacement of pumps and/or controls, replacement of the oil damn separator pipe or additional cleaning services.

The required services shall be performed on a Time and Material basis as telephonically requested by the COR.

The Contractor shall plan, coordinate, and ensure the effective completion of all service calls. Service calls will be initiated by the COR via telephone request and follow-up electronic mail (email).

3.1 The Contractor shall plan, coordinate, and ensure the effective completion of all service calls. The Contractor shall also maintain accurate records of all on-demand repairs for submission to the CENTER at all times. All work shall abide by all applicable requirements and be in compliance of the District of Columbia Municipal Regulations

(DCMR), Environmental Protection Agency (EPA) regulations and industry standards.

3.2 The contractor shall coordinate with the assigned COR to schedule the annual maintenance cycle for pit cleaning in addition to the timeline for when the service shall be performed.

3.3 The contractor shall post an approved confine space permit at the job throughout the performance of this project, if applicable.

3.4 The contractor shall comply with all federal, state, and local safety regulations, at all times, while performing this service.

3.5 The Contractor shall provide a price for:

A. Pump out of oil/water separator pits per location. The cost shall be based on the hourly rate and number of hours to perform services on each pit.

B. The price should include the removal and disposal of oil/water separator contents and any equipment costs.

C. Hourly rate for emergency services, if different from the hourly rate for annual maintenance.

3.6 The CENTER currently maintains four (4) oil/water separators that are located in the following locations below.

1) Level C Garage, near column line D-18

2) Level C Garage, near column line D-5

3) Level C Garage, near column line Q-18

4) Level C Garage, near column line Q-5

The dimensions of the pits are as follows:

• Water pit with pumps - four (4) feet wide; six (6) feet long by twelve (12) feet deep

• Oil Pit- four (4) feet squared by twelve (12) feet deep

4.0 REQUIREMENTS:

If sludge buildup is over six inches or the oil film is greater than one inch in thickness in any of the separators as result of annual inspections or emergency calls, the Contractor shall pump-out the sludge using his own equipment and dispose of the sludge in accordance with applicable Federal, state and local environmental regulations. Each affected separator shall be completely pumped and left shovel clean. Afterwards, the separators shall be filled with clean water utilizing the Centers water spigots connections located throughout the garage. The Contractor shall provide a report to the COR within three (3) days. The content of the report shall record the date of the cleanout, the work performed, and the separators serviced.

5.0 CONDITIONS AFFECTING THE WORK:

The Contractor shall be responsible for conducting all required field investigations prior to verify the accuracy of information provided, including existing conditions and locations affected by the proposed work. The requirements included herein will not relieve the Contractor from furnishing all materials and labor necessary to perform the scope of work as prepared within this document, even though some items may not be specifically mentioned or detailed.

5.1 AFTER AWARD OF THE CONTRACT:

The contractor shall attend a kick-off meeting, seven calendar days after contract award. The contractor shall notify the COR in writing of the anticipated start date of service. The work shall be performed in accordance with this scope of work and approved and acceptable standards of

Federal, state, and local regulations.

5.2 WORKMANSHIP

All workmanship shall be accomplished with the best standard industry practices, and by workmen with five (5) years of experience in the required trade. The work shall be supervised by experience personnel and shall be satisfactory to the Contracting Officer.

5.3. PERMITS

The Contractor shall without additional expenses to the Government, obtain all appointments, licenses, and permits required for the prosecution of services to be performed under this scope of work. The Contractor shall comply with all applicable Federal, state, and local laws.

5.4 CLEAN UP

The Contractor shall remove all debris generated from work identified herein at the completion of the work. Debris shall be properly disposed of off the Center’s property in compliance with

Federal, state, and local laws. The Contractor shall not use the Center’s dumpsters for the disposal of construction debris.

6.0 WORKING HOURS:

All work shall be performed on a Monday in August between the hours of 4:00 AM and

12:00 PM, excluding all Federal Holidays and weekends unless written authorization is received from the CENTER. Federal Holidays are listed below:

New Year’s Day

Birthday of Martin Luther King, Jr.

Washington’s Birthday

Memorial Day

Juneteenth

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

8.0 SPILL RESPONSIBILITY:

The Contractor shall be responsible for all spills or leaks during the performance of this contract occurring because of, or contributed to by the actions of its agents, employees or subcontractors. The Contractor shall be responsible to clean up such spills or leaks to the satisfaction of the Government and in a manner that complies with applicable Federal, state and/or local laws and regulations. The Contractor shall report all such spills and leaks to the COR via telephone with the hour of the incident. The contractor shall submit a written follow-up report to the COR no later than 24-hours after the initial telephone notification of the spill. The written report should include what was spilled, when the incident occurred, what was done to clean up the spill and if there are any environmental impacts that the EPA would need to be made aware of.

9.0 KICK-OFF MEETING:

The contractor shall attend a Kick-Off meeting with the Contracting Officer and the COR within seven (7) calendar days after the award. The purpose of the Kick-Off meeting, which will be chaired by the Contracting Officer (CO), is to discuss technical and contracting objectives of the contract and review the contractors Confined Space Safety Plan and

Quality Control Plan. The Kick-Off meeting will be attended by the head of safety program for The Center. The meeting will be held at The Center.

9.1 The Government and Contractor shall discuss and agree upon a scheduling of the project which will be proposed by the COR.

9.2 The Contractor will be given a re-familiarization tour of the jobsite(s) following the kick-off meeting or on a scheduled date which is convenient to The Center.

10.0 PERIOD OF PERFORMANCE:

The anticipated period of performance for the resultant contract is a base period ending

September 30, 2025, with four one-year option periods.

11.0 PLACE OF PERFORMANCE

Contract performance shall be at The John F. Kennedy Center for the Performing Arts, 2700 F Street NW, Washington, DC 20566-0001.

12.0 WAGE DETERMINATION

Service Contract Act, Wage Determination No. 2015-4281, Rev. No. 29, dated April 11, 2024 applies to this requirement. Any future revision numbers to Wage Determination No. 2015-4281 will be incorporated into the contract by reference.

13.0 ACROMYNS:

CO: CONTRACTING OFFICER

COR: CONTRACTING OFFICER’S REPRESENTITIVE

CENTER: THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

SOC: SECURITY OPERATION CENTER

DCMR: DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS

EPA: ENVIRMENTAL PROTECTION AGENCY

See attached document: Wage Determination No 2015-4281 Rev 29.

ADDITIONAL PROVISIONS/TERMS AND CONDITIONS

A.4 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— https://www.sam.gov/

(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)

A.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act

(FASCSA) order, as described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase ‘‘FASCSA order’’ in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of Provision)

ADDENDUM to FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

SOLICITATION PROVISION

Instruction for Request for Quote (RFQ) Number 33310525Q0002.

Quotation Preparation Cost The costs for preparation of quotations, shall be the responsibility of the contractor and will not be reimbursed.

Quotes shall be organized and submitted in accordance with the following instructions:

1. Quotations shall be submitted electronically to federalproposals@kennedy-center.org by 1:00 PM, EST, 01-21-2025. The Center is not responsible for any issues or problems that may be encountered with transmitting the quote.

SITE VISIT: Monday, 01-13-2025 at 11:00 AM, EST To request attendance at the site visit, submit an email request by 2:00 PM EST, 1-09-2025 to: cdrice@kennedy-center.org Subj Line: RFQ #33310525Q0002 Site Visit Participation Oil/Water Separators Services

List the name of your firm with the name of each personnel attending.

2. Proposal Format: Page Limitation: 25 pages, includes signed cover letter, Table of Contents, Tables, Figures, Organization Chart, and/or Graphs. 8.5” x 11” letter size for all pages. Margins shall be no less one-inch top, bottom, left, and right.

Font – No less 12 pitch. 8.5” x 14” legal size may be used for the tables or graphs. An editable MS Excel spreadsheet may be used for pricing template.

3. Quote Content:

In preparing the quotation package, emphasis should be placed on brief, complete, and factual data in the areas set forth in the solicitation. Maximum use should be made of tables and information summaries in describing the proposed efforts.

Failure to provide a sufficiently detailed technical section may constitute the quoter’s response as non-conforming/”non-responsive” and could result in the mailto:federalproposals@kennedy-center.org mailto:federalproposals@kennedy-center.org mailto:cdrice@kennedy-center.org quote not being evaluated or considered for award.

The technical section shall consist of the following. No cost or pricing information shall be included in the Technical Section.

Quote Section 1: Past Performance

1. Experience and Past Performance: Provide information on three projects that have been successfully performed or completed within the past five years of the same or similar size and scope of the requirements of the SOW for this solicitation. Indicate if your firm was the prime or subcontractor. Past performance contact information must include the following:

a. Name and address of customer and the name and telephone number of the Point of Contact for the contract;

b. Contract Number, project title and detailed description of the project;

c. Explanation of the relevance of the project to the prior successful work in a performing arts center, museum, or like facility.

e. Explanation of the your firm’s project involvement;

f. Complete explanation of any prior environmental and/or safety violations issued during the performance of the project, if any.

g. Original and actual completion dates, including explanation of any change to the original contract period, if any.

h. Original and final contract price, including explanation of any change to the initial contract price, if any.

2. Understanding the Requirements

Address in detail the manner in which the scope of work (SOW) requirements will be met. At a minimum, the following elements shall be addressed:

a. Demonstration of understanding of SOW requirements and a justification of the proposed approach/methodology. The proposal must provide detailed information in order to demonstrate a full understanding of all areas included in the SOW.

This should include an assessment of any operational difficulties or problems anticipated, and the proposed approach to solving them.

b. The services identified in the SOW include the performance of work in a specialized environment with restrictions to limit disruption of normal operations at the Kennedy Center.

c. Address licensing and certifications for DC Regulatory and EPA compliance.

d. Address your firm’s Confined Space Safety Plan and Quality Control Plan to ensure the work to be performed conforms to the contract requirements;

e. provide all management, supervision, labor, administrative support, materials, tools, parts, supplies, equipment and transportation necessary to perform the services.

3. Key Personnel

Provide names and titles and attach a brief resume (1 page) for each Key Personnel proposed to perform maintenance services. Include the name, license/certification number and expiration date for all personnel proposed to perform the services.

Quote Section 2: Business and Price Information:

Proposal shall remain valid for a period of 45 calendar days. The business and price section shall include the following information:

a. Name, physical address, email address, and telephone number of firm;

c. Tax Identification Number;

c. Unique Employer Identifier (UEI) Number;

d. Name of personnel on behalf of company authorized to enter into a contract;

e. Project Organization: The organization chart for the project shall identify the staff (labor category/title) that will be committed to this project. The project organization must demonstrate how this projects fits into the overall corporate scheme of the parent organization. Lines of authority and formal reporting shall be shown from the corporation to the project manager and to subordinate personnel. Identify the use of subcontractor’s, and how the subcontractors are selected and managed must addressed in this section. Provide a statement addressing the Project Manager’s full authority and responsibility, as assigned to meet the requirements of the resultant purchase order must be provided. Any other corporate authority anticipated to have a major role in the conduct and support of the purchase order must also be identified.

f. The length of time the firm has been in business and performance relevant types of work;

g. The percentage of the firm’s workforce that is devoted to the type of work required by this solicitation and the turn-over rate of that workforce.

h. Provide the schedule of pricing for labor categories and hourly rates. Identify normal hours of operation; identify time period outside of normal hours of operation. Provide the annual percentage of escalation to labor, parts and materials, if applicable.

EVALUATION AND BASIS FOR AWARD:

(a) The Government will award a hybrid contract consisting of a firm-fixed price line item for annual oil/water pit cleaning; and a time and materials line item for repairs resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:

Past Performance;

Special features of service required for effective program performance;

Maintenance availability;

Environmental considerations;

Escalation rate for base and option years All proposed procedures and methods will be evaluated in terms of applicability and feasibility.

(b) Options. Evaluation will be inclusive of options. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract. Before the quotation’s specified expiration time, the Government may accept a quote whether or not there are negotiations after its receipt, unless a written notice of quote withdrawal is received before award. It is incumbent on each firm to submit its best quote. (End of Provision)

The Government reserves the right to make no award pursuant to this solicitation.

A.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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 127, and the concern is identified 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 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 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 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 .

(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) 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—

(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or http://www.sam.gov/

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __________________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 join venture 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 it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).