A.02.01 Combined Synopsis and Solicitation.pdf

• Base Year – September 20, 2020 (or date of award whichever is later) through August 31,

• Option Year I – September 1, 2021 through August 31, 2022

• Option Year II – September 1, 2022 through August 31, 2023

• The place of performance will be Millwood Project Office.

• FOB: Destination

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

***Please read these instructions carefully.***

Solicitation number W9127S20Q0079 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-08.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business.

The NAICS Code 561210 and the applicable size standard is $41.5M

Description of requirements for the items to be acquired: The Contractor shall furnish all necessary management, personnel, materials, supplies, parts, tools, equipment, and vehicles, except as otherwise provided for herein, required to perform the operation and maintenance service within the area of responsibility of the Tri Lakes Project Offices, hereafter referred to as the Tri Lakes project as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Exhibits, etc., contained herein or incorporated by the reference. Incorporation by reference shall include any and all mandatory provisions required by the Federal Acquisition Regulation (FAR) whether it is referenced or not referenced, current at time of award.

Date(s) and place(s) of delivery and acceptance and FOB point:

There will be a site visit held on September 10th at 10AM. The location will be at MW Project Office: 32 Hwy East Ashdown, AR 71822. Please contact Brandee Wright at Brandee.M.Wright@usace.army.mil or by phone at 501-340-1466.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1472_202066

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices

4. Signed Amendments, as applicable

When submitting your quote, be please make sure the solicitation number, W9127S20Q0079, is written in the subject line or on the outside of the envelope.

Email: taylor.b.mclain@usace.army.mil

Fax: (501)324-5196

If sending by mail, please submit your quotes to the following address:

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Taylor McLain 700 West Capitol Avenue, Room 7315 Little Rock, AR 72203

If you have any questions regarding this solicitation, please contact:

Taylor McLain (501)340-1715 taylor.b.mclain@usace.army.mil

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation.

Award will be made solely on price

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

Quotes are due on Tuesday, September 22, 2020 at 2:00 PM CDT. Email submission of quotations are preferred in .pdf form, however Fax or Mail submissions are allowed.

Required Documents to Submit:

mailto:bettye.l.mahoney@usace.army.mil mailto:bettye.l.mahoney@usace.army.mil

Offeror Name:

Offeror Address:

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting Division

700 West Capitol Avenue Room 7315 Little Rock, AR 72203

W9127S-20-Q-0079, IDIQ Maintenance, Millwood Project Office

Submitted by

Street ______________________________ _

City/State ____________________________ _

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

Item No Carpentry/Painting Quantity Unit Unit Price Total Price 0001 Normal Service Call 20 EA 0002 Emergency Service Call 10 EA 0003 Emergency Debris Removal 15,000 EA 1.00$ $15,000.00 0004 Estimated Material Costs 15,000 EA 1.00$ $15,000.00 0005 Remove/Replace Existing Timbers 3,000 LF 0006 Remove/Replace Base Timbers 3,000 LF 0007 Install Timbers 3,000 LF 0008 Install Base Timbers 3,000 LF 0009 Handrails 2x4x16 Ground Contact 1,000 LF 0010 Handrails 2x6x16 Ground Contact 500 LF 0011 Handrails 4x4x10 Ground Contact Post 500 LF 0012 Handrails 4x4x16 Ground Contact Post 500 LF 0013 Replace/Install Pedestal Grills 40 EA 0014 Install Concrete Fire Pit 30 EA 0015 Replace/Install One Post Signs 30 EA 0016 Replace/Install Two Post Signs 30 EA 0017 Fill Material 1,000 TON 0018 Sand Material 300 TON 0019 Aggregate Base Material 1,000 TON 0020 Aggregate Base Material 3/4" 2,000 TON 0021 Rip Rap Stone 6" and Smaller 300 TON 0022 Rip Rap Stone 6"- 12" 1,000 TON 0023 Chain Link Fence with Post 500 LF 0024 Replace Door Closure 10 EA 0025 Replace Metal Entry Doors 5 EA 0026 Replace or Install Shower Bench 5 EA 0027 Replace/Install Utility Table Tops 30 EA 0028 Replace/Install Foot Vinyl Coated Picnic Table 30 EA 0029 Culvert Replacement 6" to 12" 10 EA 0030 Culvert Replacement 13" to 24" 10 EA 0031 Culvert Replacement 25" to 36" 10 EA 0032 Culvert Replacement 37" to 48" 10 EA 0033 Concrete Headwall 13"-48" Culverts 10 EA 0034 Concrete 100 CY 0035 Asphalt 1,000 TON 0036 Metal Picnic Shelter Canopy 10 EA 0037 Oil Base, Primer Coat 2,000 SF 0038 Oil Base, Intermediate or Finish Coat 3,000 SF 0039 Latex, Primer Coat 2,000 SF 0040 Latex, Intermediate or Finish Coat 3,000 SF 0041 Pavement Marking 3,000 LF

Quantity Unit Unit Price 0042 Normal Service Call 10 EA 0043 Emergency Service Call 5 EA 0044 Estimated Material Costs 10,000 EA 1.00$ $10,000.00 0045 Replace Hand Dryer in Toilet 4 EA 0046 Replace or Install Camper Pedestal 50 EA 0047 Replace Security Light Bulb 20 EA 0048 Replace Security Light Fixture 10 EA 0049 Install/Replace Solar Lights 5 EA 0050 Replace PE Cells 5 EA

Electrical

0051 Install Electric Poles (Wood 30 ft.) 5 EA 0052 Install Electric Poles (Metal 25 ft.) 5 EA 0053 Trenching (Electrical Lines) 1,000 LF 0054 Replace Underground Electrical #1 AWG 1,000 LF 0055 Replace Underground Electrical #2 AWG 1,000 LF 0056 Replace Underground Electrical #4 AWG 1,000 LF 0057 Replace Underground Electrical #6 AWG 1,000 LF 0058 Replace/Install Underground Primary 2,500 LF 0059 Replace/Install Motion Sensors 10 EA

Quantity Unit Unit Price 0060 Normal Service Call 25 EA 0061 Emergency Service Call 5 EA 0062 Estimated Material Costs 10,000 EA 1.00$ $10,000.00 0063 Trenching and Backfilling (Water Lines) 1,000 LF 0064 Replace Valve/Faucet 10 EA 0065 Replace Push Button Valve 5 EA 0066 Replace Urinal or Stool Valve 5 EA 0067 Replace Water Mixing Valve 6 EA 0068 Replace Toilet Stool (Commode) 4 EA 0069 Replace Urinal (Waterborne) 3 EA 0070 Replace Sump Pump (Submergible) 2 EA 0071 Replace Lift Station Pump 6 EA 0072 Replace or Install Underground Water Line 3/4" - 2" 2,500 LF 0073 Replace or Install Undrground Water Line 2" - 4" 1,500 LF 0074 Replace Water Heater (75 to 85 Gallon) 4 EA 0075 Replace Water Heater (105 to 120 Gallon) 4 EA 0076 Install Vermiculite 40 BAG 0077 Replace Frost Proof Water Hydrant 15 EA 0078 Replace or Install Hydrant Assembly System 10 EA 0079 Replace Meter Box 10 EA 0080 Septic Tank Pump Out Service 20 EA

Quantity Unit Unit Price 0081 Dump Truck, 10 Yard 100 HRS 0082 Skidsteer w/attachments 40 HRS 0083 Tractor w/Front Loader 60 HRS 0084 Dozer Work 200 HRS 0085 Trackhoe 200 HRS 0086 Bucket Truck 100 HRS 0087 Concrete Saw 20 HRS 0088 Side Boom Bushhog 50 HRS 0089 Crane (Up to 100 tons) 100 HRS 0090 Compactor (Walk-Behind) 50 HRS 0091 Rubber Tire Loader 50 HRS

Quantity Unit Unit Price 0092 Bouy Installation/Removal 100 Each 0093 Estimated Material Costs 6,000 Each 1.00$ $6,000.00

Quantity Unit Unit Price 0094 Yearly Maintenance 2 Each 0095 Emergency Service Call 5 Each 0096 Estimated Material Costs 12,000 Each 1.00$ $12,000.00

Generator Maintenance

Equipment

Bouys

Plumbing and Septic Maintenance

1001 Normal Service Call 20 EA 1002 Emergency Service Call 10 EA 1003 Emergency Debris Removal 15,000 EA 1.00$ $15,000.00 1004 Estimated Material Costs 15,000 EA 1.00$ $15,000.00 1005 Remove/Replace Existing Timbers 3,000 LF 1006 Remove/Replace Base Timbers 3,000 LF 1007 Install Timbers 3,000 LF 1008 Install Base Timbers 3,000 LF 1009 Handrails 2x4x16 Ground Contact 1,000 LF 1010 Handrails 2x6x16 Ground Contact 500 LF 1011 Handrails 4x4x10 Ground Contact Post 500 LF 1012 Handrails 4x4x16 Ground Contact Post 500 LF 1013 Replace/Install Pedestal Grills 40 EA 1014 Install Concrete Fire Pit 30 EA 1015 Replace/Install One Post Signs 30 EA 1016 Replace/Install Two Post Signs 30 EA 1017 Fill Material 1,000 TON 1018 Sand Material 300 TON 1019 Aggregate Base Material 1,000 TON 1020 Aggregate Base Material 3/4" 2,000 TON 1021 Rip Rap Stone 6" and Smaller 300 TON 1022 Rip Rap Stone 6"-12" 1,000 TON 1023 Chain Link Fence with Post 500 LF 1024 Replace Door Closure 10 EA 1025 Replace Metal Entry Doors 5 EA 1026 Replace or Install Shower Bench 5 EA 1027 Replace/Install Utility Table Tops 30 EA 1028 Replace/Install Foot Vinyl Coated Picnic Table 30 EA 1029 Culvert Replacement 6" to 12" 10 EA 1030 Culvert Replacement 13" to 24" 10 EA 1031 Culvert Replacement 25" to 36" 10 EA 1032 Culvert Replacement 37" to 48" 10 EA 1033 Concrete Headwall 13"-48" Culverts 10 EA 1034 Concrete 100 CY 1035 Asphalt 1,000 TON 1036 Metal Picnic Shelter Canopy 10 EA 1037 Oil Base, Primer Coat 2,000 SF 1038 Oil Base, Intermediate or Finish Coat 3,000 SF 1039 Latex, Primer Coat 2,000 SF 1040 Latex, Intermediate or Finish Coat 3,000 SF 1041 Pavement Marking 3,000 LF

Quantity Unit Unit Price 1042 Normal Service Call 10 EA 1043 Emergency Service Call 5 EA 1044 Estimated Material Costs 10,000 EA 1.00$ $10,000.00 1045 Replace Hand Dryer in Toilet 4 EA 1046 Replace or Install Camper Pedestal 50 EA 1047 Replace Security Light Bulb 20 EA 1048 Replace Security Light Fixture 10 EA 1049 Install/Replace Solar Lights 5 EA 1050 Replace PE Cells 5 EA 1051 Install Electric Poles (Wood 30 ft.) 5 EA 1052 Install Electric Poles (Metal 25 ft.) 5 EA 1053 Trenching (Electrical Lines) 1,000 LF 1054 Replace Underground Electrical #1 AWG 1,000 LF 1055 Replace Underground Electrical #2 AWG 1,000 LF 1056 Replace Underground Electrical #4 AWG 1,000 LF 1057 Replace Underground Electrical #6 AWG 1,000 LF 1058 Replace/Install Underground Primary 2,500 LF 1059 Replace/Install Motion Sensors 10 EA

Quantity Unit Unit Price 1060 Normal Service Call 25 EA 1061 Emergency Service Call 5 EA 1062 Estimated Material Costs 10,000 EA 1.00$ $10,000.00 1063 Trenching and Backfilling (Water Lines) 1,000 LF 1064 Replace Valve/Faucet 10 EA 1065 Replace Push Button Valve 5 EA 1066 Replace Urinal or Stool Valve 5 EA 1067 Replace Water Mixing Valve 6 EA 1068 Replace Toilet Stool (Commode) 4 EA 1069 Replace Urinal (Waterborne) 3 EA 1070 Replace Sump Pump (Submergible) 2 EA 1071 Replace Lift Station Pump 6 EA 1072 Replace or Install Underground Water Line 3/4" - 2" 2,500 LF 1073 Replace or Install Undrground Water Line 2" - 4" 1,500 LF 1074 Replace Water Heater (75 to 85 Gallon) 4 EA 1075 Replace Water Heater (105 to 120 Gallon) 4 EA 1076 Install Vermiculite 40 BAG 1077 Replace Frost Proof Water Hydrant 15 EA 1078 Replace or Install Hydrant Assembly System 10 EA 1079 Replace Meter Box 10 EA 1080 Septic Tank Pump Out Service 20 EA

Quantity Unit Unit Price 1081 Dump Truck, 10 Yard 100 HRS 1082 Skidsteer w/attachments 40 HRS 1083 Tractor w/Front Loader 60 HRS 1084 Dozer Work 200 HRS 1085 Trackhoe 200 HRS 1086 Bucket Truck 100 HRS 1087 Concrete Saw 20 HRS 1088 Side Boom Bushhog 50 HRS 1089 Crane (Up to 100 tons) 100 HRS 1090 Compactor (Walk-Behind) 50 HRS 1091 Rubber Tire Loader 50 HRS

Quantity Unit Unit Price 1092 Bouy Installation/Removal 100 Each 1093 Estimated Material Costs 6,000 Each 1.00$ $6,000.00

Quantity Unit Unit Price 1094 Yearly Maintenance 2 Each 1095 Emergency Service Call 5 Each 1096 Estimated Material Costs 12,000 Each 1.00$ $12,000.00

Bouys

Generator Maintenance

Plumbing and Septic Maintenance

Equipment

2001 Normal Service Call 20 EA 2002 Emergency Service Call 10 EA 2003 Emergency Debris Removal 15,000 EA 1.00$ $15,000.00 2004 Estimated Material Costs 15,000 EA 1.00$ $15,000.00 2005 Remove/Replace Existing Timbers 3,000 LF 2006 Remove/Replace Base Timbers 3,000 LF 2007 Install Timbers 3,000 LF 2008 Install Base Timbers 3,000 LF 2009 Handrails 2x4x16 Ground Contact 1,000 LF 2010 Handrails 2x6x16 Ground Contact 500 LF 2011 Handrails 4x4x10 Ground Contact Post 500 LF 2012 Handrails 4x4x16 Ground Contact Post 500 LF 2013 Replace/Install Pedestal Grills 40 EA 2014 Install Concrete Fire Pit 30 EA 2015 Replace/Install One Post Signs 30 EA 2016 Replace/Install Two Post Signs 30 EA 2017 Fill Material 1,000 TON 2018 Sand Material 300 TON 2019 Aggregate Base Material 1,000 TON 2020 Aggregate Base Material 3/4" 2,000 TON 2021 Rip Rap Stone 6"and Smaller 300 TON 2022 Rip Rap Stone 6"-12" 1,000 TON 2023 Chain Link Fence with Post 500 LF 2024 Replace Door Closure 10 EA 2025 Replace Metal Entry Doors 5 EA 2026 Replace or Install Shower Bench 5 EA 2027 Replace/Install Utility Table Tops 30 EA 2028 Replace/Install Foot Vinyl Coated Picnic Table 30 EA 2029 Culvert Replacement 6" to 12" 10 EA 2030 Culvert Replacement 13" to 24" 10 EA 2031 Culvert Replacement 25" to 36" 10 EA 2032 Culvert Replacement 37" to 48" 10 EA 2033 Concrete Headwall 13"-48" Culverts 10 EA 2034 Concrete 100 CY 2035 Asphalt 1,000 TON 2036 Metal Picnic Shelter Canopy 10 EA 2037 Oil Base, Primer Coat 2,000 SF 2038 Oil Base, Intermediate or Finish Coat 3,000 SF 2039 Latex, Primer Coat 2,000 SF 2040 Latex, Intermediate or Finish Coat 3,000 SF 2041 Pavement Marking 3,000 LF

Quantity Unit Unit Price 2042 Normal Service Call 10 EA 2043 Emergency Service Call 5 EA 2044 Estimated Material Costs 10,000 EA 1.00$ $10,000.00 2045 Replace Hand Dryer in Toilet 4 EA 2046 Replace or Install Camper Pedestal 50 EA 2047 Replace Security Light Bulb 20 EA 2048 Replace Security Light Fixture 10 EA 2049 Install/Replace Solar Lights 5 EA 2050 Replace PE Cells 5 EA 2051 Install Electric Poles (Wood 30 ft.) 5 EA 2052 Install Electric Poles (Metal 25 ft.) 5 EA 2053 Trenching (Electrical Lines) 1,000 LF 2054 Replace Underground Electrical #1 AWG 1,000 LF 2055 Replace Underground Electrical #2 AWG 1,000 LF 2056 Replace Underground Electrical #4 AWG 1,000 LF 2057 Replace Underground Electrical #6 AWG 1,000 LF 2058 Replace/Install Underground Primary 2,500 LF 2059 Replace/Install Motion Sensors 10 EA

Quantity Unit Unit Price 2060 Normal Service Call 25 EA 2061 Emergency Service Call 5 EA 2062 Estimated Material Costs 10,000 EA 1.00$ $10,000.00 2063 Trenching and Backfilling (Water Lines) 1,000 LF 2064 Replace Valve/Faucet 10 EA 2065 Replace Push Button Valve 5 EA 2066 Replace Urinal or Stool Valve 5 EA 2067 Replace Water Mixing Valve 6 EA 2068 Replace Toilet Stool (Commode) 4 EA 2069 Replace Urinal (Waterborne) 3 EA 2070 Replace Sump Pump (Submergible) 2 EA 2071 Replace Lift Station Pump 6 EA 2072 Replace or Install Underground Water Line 3/4" - 2" 2,500 LF 2073 Replace or Install Undrground Water Line 2" - 4" 1,500 LF 2074 Replace Water Heater (75 to 85 Gallon) 4 EA 2075 Replace Water Heater (105 to 120 Gallon) 4 EA 2076 Install Vermiculite 40 BAG 2077 Replace Frost Proof Water Hydrant 15 EA 2078 Replace or Install Hydrant Assembly System 10 EA 2079 Replace Meter Box 10 EA 2080 Septic Tank Pump Out Service 20 EA

Quantity Unit Unit Price 2081 Dump Truck, 10 Yard 100 HRS 2082 Skidsteer w/attachments 40 HRS 2083 Tractor w/Front Loader 60 HRS 2084 Dozer Work 200 HRS 2085 Trackhoe 200 HRS 2086 Bucket Truck 100 HRS 2087 Concrete Saw 20 HRS 2088 Side Boom Bushhog 50 HRS 2089 Crane (Up to 100 tons) 100 HRS 2090 Compactor (Walk-Behind) 50 HRS 2091 Rubber Tire Loader 50 HRS

Quantity Unit Unit Price 2092 Bouy Installation/Removal 100 Each 2093 Estimated Material Costs 6,000 Each 1.00$ $6,000.00

Quantity Unit Unit Price 2094 Yearly Maintenance 2 Each 2095 Emergency Service Call 5 Each 2096 Estimated Material Costs 12,000 Each 1.00$ $12,000.00

Bouys

Generator Maintenance

Plumbing and Septic Maintenance

Equipment

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018

W9127S20Q0062

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(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.

(b) 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”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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

(a) Definitions. As used in this provision --

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

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

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

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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 either to the Equal Opportunity clause of this solicitation, the 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 resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004).