A11_Combined Synopsis Solicitation.pdf

US Army Corps of Engineers St. Louis District

Supply and Deliver Rock, Stone, Sand, Clay, and Topsoil Carlyle Lake and Kaskaskia River Project

Carlyle Lake Project Office 801 Lake Road Carlyle, IL. 62231

COMBINED SYNOPSIS & SOLICITATION W912P922R0049

Combined Synopsis/Solicitation Number: W912P922R0049 – Request for Proposals

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format FAR 12.603 – Streamlined Solicitation for Commercial Items and FAR Part 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation. Offers are being requested and a written solicitation will not be issued.

The requirement is for a 100% small business set-aside under NAICS code 212322. The size standard for this NAICS codes is 500 Employees.

Description: This is a supply contract to supply and deliver rock, stone, sand, clay, and topsoil to Carlyle Lake and Kaskaskia River Project, located in Clinton County in Illinois. The Government shall not exercise any supervision or control over the contract providers herein.

Basis for award: The Government will award a contract resulting from this combined synopsis solicitation based on past performance and the lowest evaluated price.

The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price standpoint. The Government reserves the right to conduct discussions if later the Contracting Officer determines to be necessary. The Government may reject any and all offers if such is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in received offers.

Questions: Please provide your questions by Tuesday, August 30, 2022, by 10:00 AM (CST). Questions can be provided electronically to Contract Specialist (Elena Coleman) to the email address below. All inquiries will be answered in writing and provided to all Offerors via Contract Opportunities at www.beta.sam.gov

Offerors are required to be actively registered with the System for Award Management (SAM) at https://beta.sam.gov/ prior to award. Offerors are highly encouraged to download and review all attachments to this solicitation prior to submitting an offer.

Please submit all proposals electronically to Contract Specialist, Elena Coleman, at the below email address by 10:00 AM (CST) on Thursday, September 08, 2022. The electronic proposals and documents shall be in Portable Document Format (PDF) compatible with Adobe Reader.

Proposals should be emailed:

Email: Elena.C.Coleman@usace.army.mil Phone: 314-331-8527

The Government reserves the right to cancel this solicitation. Please fill out information below:

Contractor's Name: ____________________

Address: ____________________

Contractor's Phone #: ________________

Contractor's Email address: ____________________________

Tax ID #: ___________________

Cage Code: ______________________

Unique Entity Identifyer: ________________________

Contractor Signature. ___________________________

W912P922R0049

Section SF 1449 - CONTINUATION SHEET

DESCRIPTION

SUPPLY AND DELIVER ROCK, SAND, CLAY, AND TOPSOIL

1. GENERAL.

1.1 Scope. The work to be performed under this contract shall consist of furnishing all labor, equipment, permits and materials necessary to supply, transport and deliver various types of rock, stone, sand, clay and topsoil in varying quantities to locations designated on Corps of Engineers property at Carlyle Lake and the Kaskaskia River Project in accordance with the terms of this contract. The contractor shall perform all work to the satisfaction of the Contracting Officer, or his/her authorized representative.

1.2 Contracting Officer. The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of the Contracting Officer acting within the limits of his/her authority.

1.3 Safety.

1.3.1 All work and equipment shall conform with the safety requirements set forth in Corps of Engineers Manual, EM 385-1-1, dated November 2014, entitled, Safety and Health Requirements Manual", copies of which are available online at http://www.publications.usace.army.mil/Portals/76/publications/EngineerManuals/EM_385-1-1.pdf

1.3.2 Accident Reporting. An accident constitutes an incident or act involving the contractor, which may or may not have caused obvious damage to persons or property. All accidents shall be reported to the CO within 24 hours of the occurrence. All serious accidents (those resulting in death or injury requiring medical attention) shall be reported immediately.

1.4 Contract Area. The contract areas are located in the central and southwestern part of Illinois. Carlyle Lake is a multi-purpose project on the Kaskaskia River near Carlyle, Illinois approximately 50 miles east of St.

Louis, Missouri. The Kaskaskia River Project extends from the mouth of the Kaskaskia River near Ellis Grove, IL to Fayetteville, IL. See Appendix A for location map. The contract areas are broken into seven bid units. See Appendixes B and C for maps.

2. CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES.

2.1 Supplies. The contractor shall furnish and deliver the following types of materials to locations as designated by the Contracting Officer or his/her representative. Stone and riprap material shall be new quarried stone that is from the approved St Louis District stone source list. It shall be durable and of a suitable quality to ensure permanence in the structure and in the climate in which it is to be used. It shall be free from cracks, seams, and other defects that would tend to increase unduly its deterioration from natural causes, and shall be free of dirt, sand, clay and rock fines. Stone shall also not include or consist of broken concrete, bricks or other reclaimed or recycled materials.

(1) 1000 LB. RIPRAP (RR7). Stone shall conform to the following limits:

100% - Passing 1000 lbs.

30-70% - Passing 300 lbs.

0-16% - Passing 12 lbs.

(2) 400 LB. RIPRAP. Stone shall conform to the following limits:

100% - Passing 160 - 400 lbs.

50% - Passing 80 - 160 lbs.

15% - Passing 30 - 80 lbs.

(3) 150 LB. RIPRAP (RR4). Stone shall conform to the following limits:

100% - Passing 150 lbs.

30-70% - Passing 40 lbs.

(4) 50 LB. RIPRAP (RR3) Stone shall conform to the following limits:

100% - Passing 50 lbs.

30-70% - Passing 10 lbs.

(5) 3" CLEAN CHOKE STONE (RR1). Stone shall conform to the following limits:

U.S. Standard Sq. Mesh Percent by Weight Passing 3" 100 1 1/2" 33-73 No. 4 0-16

(6) 3" STONE (CA-1). Stone shall conform to the following limits:

U.S. Standard Sq. Mesh Percent by Weight Passing 3" 100 2 1/2" 90-100 2" 45-75 1 1/2" 0-30 1" 0-6

(7) 3" MINUS STONE (CA-2). Stone shall conform to the following limits:

U.S. Standard Sq. Mesh Percent by Weight Passing 2 1/2" 100 2" 90-100 1" 60-90 1/2" 35-65 No. 4 20-40 No.16 5-35

(8) CA-10. Stone shall conform to the following limits:

U.S. Standard Sq. Mesh Percent by Weight Passing 1" 100 3/4” 90-100 1/2" 65-95 No. 4 40-60 No. 16 15-45 No. 200 5-13

(9) CA-6. Stone shall conform to the following limits:

U.S. Standard Sq. Mesh Percent by Weight Passing 1 1/2" 100 1" 90-100 1/2" 60-90 No. 4 30-56 No.16 10-40 No. 200 4-12

(10) CM-16 3/8 INCH CHIPS

(11) BEACH SAND. Sand shall meet the following gradations in accordance with FA-3 Illinois Specifications, Article 703. Fine Aggregates. Sand shall conform to the following limits:

Screen Size Percent Passing No. 4 94-100 No. 10 65-95 No. 40 30-70 No. 80 10-35 No. 200 0-6

(12) CLAY. Soil classified as "Clay" shall be inorganic low plasticity clay classified as CL by the American Society for Testing and Materials pamphlet D 2487. It shall contain at least 90 percent passing the No. 4 Sieve, with a maximum rock size of 1 inch.

(13) QUARRY RUN STONE. Stone shall conform to the following limits:

90-100% - Passing 250 lbs.

40-60% - Passing 20 lbs.

(14) TOP SOIL. Top-soil shall be fertile, friable, natural topsoil locality and shall be obtained from a well-drained off-site source. Top-soil shall be without admixture of subsoil or slag, shall be free of organic matter, sticks, branches, plants or their roots, clods of hard earth, stones 1 inch in diameter or larger and other debris.

2.2 Equipment. The contractor shall furnish and maintain sufficient equipment suitable to perform the work. All equipment shall be maintained in safe operating condition in accordance with paragraph 1.3 (Safety).

2.3 Vehicles. All vehicles used in performance of this contract shall be clearly marked with an identification sign showing the contractor's name and address.

2.4 Approval of Equipment and Materials. Prior to commencing work, the contractor shall (i) submit to the Contract Officer, a written statement identifying all necessary permits have been acquired to transport via State, County and Township roads all necessary materials to be delivered and used during the contract period, and (ii) provide a list of all equipment available to perform the services listed in this contract.

The Contracting Officer reserves the right to inspect any and all equipment and rock prior to, and during, the period of this contract. All material, equipment, and operating procedures must be approved by the Contracting Officer prior to the commencement of work and prior to implementing any changes. The contractor shall remove from Government property all unapproved stock and equipment.

2.5 Permits and Licenses. The contractor shall, at his/her own expense, obtain any licenses or permits required for transportation of rock/stone from the point of supply to delivery location. Permits may be required by the State of Illinois, Clinton, Bond and Fayette Counties, for Carlyle Project and Randolph, Monroe and St. Clair Counties for the Kaskaskia River Project and/or local township road commissioners for exceeding weight limits as designated on local roadways. Also, the contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

3. SPECIFICATIONS FOR ROCK, SAND, CLAY AND TOPSOIL DELIVERY.

3.1 The contractor shall supply all materials as designated by grade/weight and quantities.

3.2 The product shall be transported in such a manner as to conform to industry standards and applicable laws.

3.3 The Contracting Officer may direct, at the Contractor’s expense, testing of material delivered to worksite if the stone appears, by visual inspection, to be of questionable gradation or quality. Testing shall be in accordance with the Standard Test Method for Gradation of Riprap (See Appendix D). For each riprap gradation, a gradation test shall be completed before placement of riprap and after every 15,000 tons placed. The sample size for all riprap gradation tests shall be determined by multiplying the weight of the larges stone in the gradation by 25 (i.e.

400 pound riprap gradation requires a sample weight of 400 x 25 = 10,000 pounds).

3.4 The product will be delivered by semi-truck and tandem truck in the quantities requested by the Contracting Officer and/or his/her representative. The contractor will be notified no less than five days prior to job of the required rock type, quantities and the anticipated time and date to deliver to the specified location. Delivery dates and times will be contingent on weather and Corps of Engineers workload. All deliveries will be coordinated between the hours of 8:00 a.m. and 4:00 p.m.

3.5 No materials shall be delivered without coordination with the Contracting Officer and/or his/her representative.

4. ENVIRONMENTAL PROTECTION. The contractor shall comply with all Federal, State, and local laws regarding environmental protection. All environmental protection matters shall be coordinated with the Contracting Officer. The contractor may be inspected by the Contracting Officer, or other Federal, State, and local officials without notice. Access for inspection shall be granted by the contractor upon request.

5. MEASUREMENT. The materials will be measured for payment by the ton (2,000 pounds) with final quantities rounded to the nearest whole ton. Weight to be paid for will be determined from certified weight tickets which shall be furnished by the Contractor without additional cost to the Government. A certified weight ticket shall be defined as each truck being weighed empty, and again when loaded and the ticket, identified by the Contractor's name and the contract number, signed by a quarry representative with the statement "certified correct". This procedure shall be followed for each load hauled. The Contractor shall initial each ticket to verify accuracy and completeness of each ticket before submitting it to the Government. Certification stating that the scales were tested and approved by the local authority shall be furnished by the Contractor.

6. INSPECTION AND ACCEPTANCE. The work will be conducted under the general direction of the Contracting Officer, and is subject to inspection by his/her appointed inspectors. No inspector is authorized to change any provision of the specifications without written authorization by the Contracting Officer, nor shall the presence or absence of an inspector relieve the contractor from any of the requirements of the contract. Formal acceptance will be made by the Contracting Officer for and in behalf of the Government.

7. PAYMENTS. Payment will be made for the rock/stone actually supplied and delivered. NOTE: Payment for each bid item shall constitute full compensation for furnishing all plant, labor, equipment, and material and performing all operations necessary for the work required. Any inability to complete the work stated above will result in a reduction in contract quantities and total amount due the contractor.

BID SCHEDULE

Furnish all labor, equipment and materials necessary to supply, transport and deliver various types of rock, stone, sand, clay and topsoil to Carlyle Lake, Carlyle Illinois and the Kaskaskia River Project in accordance with solicitation specifications, maps and provisions.

PLEASE NOTE THE FOLLOWING:

AMOUNTS APPLICABLE TO CALL ORDERS UNDER THIS CONTRACT.

BPA Master Dollar Limit: $495,000.00 BPA Call Limit: $150,000.00

Exhibit A. – Year 1 Exhibit B. – Year 2 Exhibit C. – Year 3 Exhibit D. – Year 4 Exhibit E. – Year 5

Period of Performance: 12-September-2022 to 11-September 2023

Exhibit A. – Year 1

CLIN DESCRIPTION QUANTITY U/I UNIT PRICE AMOUNT

0001 1000 LB RIP RAP (RR7) TN

Delivered in Semi-Truck

0002 1000 LB RIP RAP (RR7) TN

Delivered in Tandem Truck

0003 400 LB RIP RAP (RR5) TN

0004 400 LB RIP RAP (RR5) TN

Delivered in Tandem-Truck

0005 150 LB RIP RAP (RR4) TN

0006 150 LB RIP RAP (RR4) TN

0007 50 LB RIP RAP (RR3) TN

0008 50 LB RIP RAP (RR3) TN

0009 3" CLEAN CHOKE STONE

(RR1)

TN

0010 3" CLEAN CHOKE STONE

0011 3” STONE (CA-1) TN

0012 3” STONE (CA-1) TN

0013 3" MINUS STONE (CA-2) TN

0014 3" MINUS STONE (CA-2) TN

0015 CA-10 STONE TN

0016 CA-10 STONE TN

0017 CA-6 STONE TN

0018 CA-6 STONE TN

0019 3/8 INCH CHIPS (CM-16) TN

0020 3/8 INCH CHIPS (CM-16) TN

0021 BEACH SAND TN

0022 BEACH SAND TN

0023 CLAY TN

0024 CLAY TN

0025 QUARRY RUN STONE TN

0026 QUARRY RUN STONE TN

0027 TOPSOIL TN

0028 TOPSOIL TN

Period of Performance: 12-September-2023 to 11-September 2024

Exhibit B. – Year 2

Period of Performance: 12-September-2024 to 11-September 2025

Exhibit C. – Year 3

Period of Performance: 12-September-2025 to 11-September 2026

Exhibit D. – Year 4

Period of Performance: 12-September-2026 to 11-September 2027

Exhibit E. – Year 5

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Year 1 Supply and Delivery

FFP

Rock, sand, clay, and topsoil.

FOB: Destination

NET AMT

0002 1 Job Year 2 Supply and Delivery

FFP

0003 1 Job Year 3 Supply and Delivery

FFP

0004 1 Job Year 4 Supply and Delivery

FFP

0005 1 Job Year 5 Supply and Delivery

FFP

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 12-SEP-2022 TO

11-SEP-2023

N/A CARLYLE LAKE / KASKASKIA NAV PROJ

HANNAH KAMPWERTH

US ARMY ENGR DIST ST LOUIS

801 LAKE ROAD

CARLYLE IL 62231-1267

618-594-2484 (6116)

965110

0002 POP 12-SEP-2023 TO

11-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 12-SEP-2024 TO

11-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 12-SEP-2025 TO

11-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 12-SEP-2026 TO

11-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

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

NOV 2021

52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation

MAY 2018

52.222-41 Service Contract Labor Standards AUG 2018 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 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

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

DEC 2019

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

MAY 2021

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7022 Expediting Contract Closeout MAY 2021 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2022) ALTERNATE I (SEP 2021)

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS code Size standard

[Contracting Officer to insert NAICS codes and size standards].

(2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce, (i.e., nonmanufacturer), is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(D) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Past Performance. Past Performance – Government may review any sources of information for evaluating past performance. Sources may include, but are not limited to past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including Contractor Performance Assessment Reporting System (CPARS), using all CAGE codes/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the Offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the Offeror.

Factor 2 – Price. This factor will use price analysis to determine the total evaluated price in order to support the selection of the lowest priced, technically acceptable proposal. The offeror’s price proposal will be evaluated using the price analysis techniques described at FAR 13.106- 3(a) to determine which proposal offers the total evaluated lowest price to the Government.

Past performance is equal to price. The award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors.

(b) Options. The Government will evaluate offers 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 offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

COMMERCIAL SERVICES (MAY 2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

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

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

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

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

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov.