A21_Solicitation Updated-Final.pdf

SEE ADDENDUM

(No Collect Calls)

W912P923R0004 05-Apr-2023

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 26 Apr 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912P99. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ELENA C COLEMAN

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W81C8X22225091

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING DIVISION

US ARMY ENGR DIST ST LOUIS

1222 SPRUCE STREET, RM 4.207

ST LOUIS MO 63103-2833

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 965137 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

KASKASKIA LOCK & DAM

US ARMY ENG DIST ST LOUIS

4800 LOCK AND DAM ROAD

MODOC IL 62261-1216

TEL: 618 284-7160 FAX: 618 284-7155

314 331-8746FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

221114

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF38

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912P923R0004

Section SF 1449 - CONTINUATION SHEET

SPECIFICATIONS

Solar Specifications Kaskaskia River Project Administration Office

The US Army Corps of Engineers, Kaskaskia River Project, has a requirement for a Solar PV (Photovoltaic) array system and installation at the Administration Office. This is a request for supply and installation that should meet or exceed the following specifications.

1. SUPPLY AND INSTALLATION OF SOLAR ARRAY

1.1. GENERAL. The contractor shall bid this scope of work as a whole. The following items are meant to clarify the scope of work, not wholly define it. The Contractor is to construct the Solar PV System to the capacity of the south facing roof size capability. The end result of the bidder’s proposal shall include dimensions of the array, basic racking structure array specifications, quantity and type of solar modules, quantity and type and location of solar inverters, and be a fully operational, utility approved and connected, roof mounted, photovoltaic solar array system no greater than 40 kilowatts that will offset the current average energy consumption at the Kaskaskia River Project Administration Office. (See Appendix 1 for current usage report)

1.1.1 SAFETY. All equipment used and work performed shall be in accordance with safety requirements set forth in Corps of Engineers Manual, EM 385-1-1 entitled, "Safety and Health Requirements Manual" July 2014, and all other current revisions. Copies of the Safety Manual are available on the Corps of Engineers St. Louis district website. Any unsafe work and/or actions will be stopped immediately. All equipment or materials found not to be in conformity with the requirements of EM 385-1-1 shall be removed from Government property immediately.

1.1.2. WORK PERIOD. Work listed herein shall start within thirty (30) calendar days after the award of this purchase order and shall be finished within one hundred twenty days (120) after the work begins. Normal working days for the contractor shall be Monday through Friday (0700- 1630), except Federal Holidays.

1.1.3. The contractor shall supply all labor, equipment, and materials for any excavating and/or groundwork needed for site preparations in the area designated by the Government for the solar array. The contractor shall submit a design for the photovoltaic system along with the proposal indicating all materials and locations to be installed. The contractor shall install all materials in accordance with manufacturer’s recommendations for the solar array support racking system honoring the roofing manufacturers warranty. The contractor shall be responsible for and repair any damage to the grounds and structures caused by the contractor or sub-contractor during the performance of the project. The Kaskaskia River Project Administration Office was constructed in 2017. (See Appendix 2 for approximate location)

1.1.4. The contractor is required to coordinate directly with the Egyptian Electric Cooperative, Inc and assure adherence to all standards and meet all requirements in accordance with Cooperative Policies when tying into and connecting to existing electrical boxes. Contact information:

Egyptian Electric Cooperative, Inc., 1732 Finney Rd, Murphysboro, IL 62966 Phone: (800) 606-

1.1.5. The contractor shall be responsible for the conditions of the job site, including safety of all person and property during performance of the work. The contractor shall provide signs, barriers, and barricades to provide a safe working area. The contractor shall at all times keep the premises free from accumulation of waste material and rubbish caused by his work, or his subcontractors.

At the completion of work, the contractor shall thoroughly clean the work site.

1.1.6. All debris, rubbish, and waste material shall be removed from the property at the contractor’s expense. All waste shall either be recycled or sent to a licensed landfill. The contractor shall provide manifests to document proper disposal.

1.1.7. The contractor shall make no changes or deviate from the contractor supplied and Government approved design of this project. In the case where a change is required, the contractor will notify the Contracting Officer of the requirement and will not proceed with the change until such time as a Modification to the contract is issued.

1.2 SITE VISIT. All potential bidders are required to attend the onsite visit of the work area on Tuesday, April 13th, 2023, at 1 PM CST at the Kaskaskia River Project Office, 4800 Lock and Dam Road Modoc, Illinois.

2. GOVERNMENT OCCUPANCY REQUIREMENTS

2.1 Partial Government Occupancy: Government will occupy the premises during the entire construction period, with the exception of the areas under construction. Cooperation will be required during construction operations to minimize conflicts and facilitate Government usage. The contractor shall perform the work so as not to interfere with Government’s operations and maintain access to existing walkways and existing exits, unless otherwise indicated.

3. CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

3.1 GENERAL. - The Contractor shall furnish and maintain sufficient equipment, labor, and tools suitable to perform the work. All equipment shall be maintained in safe operating conditions in accordance with Corps of Engineers Manual, EM 385-1-1.

3.2 The Contractor shall develop and supply drawings that include dimensions of the array, basic roof racking structure including height of the array and distance between rows, quantity and type of solar modules, and location of solar inverters, and the interconnection point. Drawings shall show the interaction of the AS (automatic transfer switch) in order to establish safe transfer of power to Generator when utility power is lost.

3.3 Vehicles and equipment used in performance of this contract shall be suitable to perform the work described herein. All units shall be equipped with manufacturer's recommended safety protective devices to insure worker and public safety at all times. The contractor shall not drive off paved roads or park on the grass at any time without prior approval of the Contracting Officer’s Representative (COR).

3.4 The Contractor shall Supply a Solar Support Racking System capable of supporting the approved Solar PV System. The Solar Support Racking System shall be complete. No additional charges shall be made to Government for lost or missing parts.

3.5 The Contractor shall supply a Solar PV System Capable of producing the maximum kw under 39 for the allowed space on the administration roof for connection to the existing Kaskaskia River Project Administration Office electric utility service located in the building. The Solar PV System shall be complete, and no additional charges shall be made to Government for lost or missing parts.

3.6 The Contractor shall use the guide below when designing the Solar array system proposal.

a. Photovoltaic Modules:

i. Modules shall be bi-facial silicon crystalline with metal frames. A tier 1 module manufacturer with a proven track record of gigawatts produced, quality, and reliability should be selected for this project

ii. Modules shall be Bloomberg New Energy Finance Tier 1 certified.

b. String Inverters:

i. Inverters shall be string inverters from a top 10 manufacturer.

ii. Rapid Shutdown Units are not required for an installation of this classification per

NEC Year (2011) code.

iii. SMA America STP 480V inverters are specified per the existing site conditions.

c. Racking:

i. A UL Listed, industry leading solar racking system, shall be specified for this project utilizing a standing seam roofing, non-penetrative clamp attachment rated for the uplift of the solar system.

ii. Appropriate fasteners, nuts, bolts, etc. will be used per the specified PV modules support structure manufacturer installation manual and technical notes associated with each application type.

d. Low Voltage Distribution:

i. Contractor shall design, furnish, and install all low voltage distribution equipment, cables, and conduit required to deliver the rated power from the Modules to the Point of Common Coupling.

ii. Point of common coupling (POCC) shall be defined as the location to which the solar electric system is connected to the main utility feed, at a point that is upstream of the main utility service disconnecting means for the facility & downstream of the utility's metering point for the facility's power usage. EFS and its subcontractors shall furnish and install all connection hardware at the defined POCC, and all cabling, raceways, and equipment downstream of the POCC as related to/required by the solar electric system and all applicable codes as defined by the NEC and the local authorities having jurisdiction.

iii. A main service disconnect switch consisting of an OCPD protected, visible break disconnect switch shall be included. This may be a fused knife-blade disconnect switch or main circuit breaker in a switchboard.

iv. All above-ground conduit shall be galvanized rigid conduit.

e. Construction.

i. Contractor shall contract the civil and structural engineering scope of work and self-perform the electrical engineering scope of work.

ii. Contractor shall submit to the customer electronic copies and one full-size hardcopy of solar asset drawings, equipment details, installation, operating, and maintenance instructions, wiring diagrams, parts lists, cable termination sign-off sheets, etc.

iii. Calculations shall be signed and sealed by an engineer currently licensed to practice in the State of Illinois where the project is located and specializing in the Project's type of PV Support Structure design and engineering. Structural and foundation calculations shall include:

f. Structural analysis of structural systems under the applicable wind, seismic, and snow loads with considerations for the complete load path down to the foundation.

g. Reaction loads (for ballast or pile or foundation design) that include forces induced by mounting any additional components or equipment to the PV Module Support Structure including but not limited to inverters, string combiner boxes, panelboards, and convenience-load transformers.

3.7 Prior to commencing work, the Contractor shall submit to the Contracting Officer or his authorized representative a written statement listing all equipment available to perform the services listed in this contract.

3.7.1 The Contracting Officer or his authorized representative may inspect all equipment, supplies and personnel at any time when on Government property. Any individual, crew, equipment or supplies found deficient shall be removed from service and removed from Government property immediately until such time as deficiencies have been corrected and approved by the COR. No such removal will reduce the Contractor's obligation to perform all work required within this contract. This requirement shall not be made the basis of any claim for compensation or damages against the Government or any of its officers or agents.

3.8 If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, he shall immediately obtain additional equipment necessary to fulfill the requirements of this contract.

3.9 All equipment used to perform work under this contract shall be in good operating and mechanical condition and comply with all requirements of EM 385-1-1.

3.10 Any changes in equipment must be approved by the COR prior to implementation of any such change.

3.11 The U.S. Department of Energy, under the Energy Efficient Program; Federal Energy Management Program (FEMP), designates certain FEMP products or materials for federal procurement. Any designated product that is being offered or supplied under this contract shall meet the U.S. Department of Energy, FEMP content levels. Visit the FEMP website for more information and a list of designated products.

3.12 The Contractor shall assist the Kaskaskia River Project establishing the interconnection agreement between USACE and the electric utility provider which is subject to approval and signature by the Contracting Officer.

4. REQUEST FOR PROPOSAL BID ITEMS

4.1 Supply of Solar Support Racking System. (Refers to Bid Item Number 0001)

4.1.1 Supply Solar Support Roof Mounted Racking System capable of supporting the contractors designed size less than 39 kw Solar PV System in accordance with the UFC Building Guide specifications honoring the roofing manufactures warranty. The Solar Support Racking System shall be delivered with drawings and manufacturer installation instructions and recommendations.

4.1.2. Measurement for payment purposes for this bid item will be made for the design & supply of the Solar Support Roof Mounted Racking System for #0001 Design & Supply of Solar Support Roof Mounted Racking System, price and payment shall constitute full compensation for furnishing all supplies and materials necessary to supply the Design & Solar Support Roof Mounted Racking System.

4.2 Installation of Solar Support Roof Mounted Racking System. (Refers to Bid Item Number 0002)

4.2.1 The Solar Support Roof Mounted Racking System shall be installed per the manufacturer’s instructions and recommendations and in accordance with the UFC Building Guide specifications.

4.2.2. Measurement for payment purposes for this bid item will be made for the installation of the Solar Support Roof Mounted Racking System for #0002 Installation of Solar Support Roof Mounted Racking System, price and payment shall constitute full compensation for furnishing all labor, materials, equipment, and supplies necessary to complete the installation of the Solar Support Roof Mounted Racking System.

4.3 Supply of Solar Array PV System. (Refers to Bid Item Number 0003)

4.3.1. Supply of Solar Array PV System capable of producing up to 40kw or to size system capable on the south facing roof section of the Administration Office, once connected to the Kaskaskia River Administration Office electrical utility. The supply of the Solar Array PV System includes all Solar panels, modules, inverters, combi-switches, fuse combiners and all wiring and connection components for connection to the Kaskaskia River Project Administration Office electrical utility shall be included in this bid item. The Solar Array PV System shall be delivered with drawings and manufacturer’s installation instructions and recommendations.

4.3.2. Measurement for payment purposes for this bid item will be made for the supply of the Solar Array PV System for #0003 Supply of Solar Array PV System, price and payment shall constitute full compensation for furnishing all materials, equipment, and supplies necessary to supply the Solar Array PV System.

4.4 Installation of Solar Array PV System. (Refers to Bid Item Number 0004)

4.4.1 The Solar Array PV System capable of producing up to 40kw shall be installed and connected to the Kaskaskia River Project Administration Office electrical utility. Installation of Solar Array PV System shall include installation of all Solar panels, modules, inverters, combi-switches, fuse combiners and all wiring and connection components for connection to the Kaskaskia River Project Administration Office electrical utility. The Solar Array PV System shall be installed in accordance with the provided drawings and manufacturer installation instructions and recommendations.

4.4.2 Measurement for payment purposes for this bid item will be made for the installation of the Solar Array PV System for #0004 Installation of the Solar Array PV System, price and payment shall constitute full compensation for furnishing all labor, materials, equipment, and supplies necessary to complete the installation of the Solar Array PV.

BID SCHEDULE

ITEM NO.

AMOUNT

SCHEDULE OF

SUPPLIES/SERVICES

QUANTITIY UNIT PRICE

0001 Supply of Solar Support

Roof Mounted Racking System

1 EA

0002 Installation of Solar

Support Roof Mounted Racking System

0003 Supply of Solar Array PV

System

0004 Installation of Solar

Array PV System

TOTAL

PRICE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Purchase and Install Solar Array

FFP

Purchase and Install Solar Array FOB: Destination

PURCHASE REQUEST NUMBER: W81C8X22225091

PSC CD: 6117

NET AMT

000101 Supply of Solar Support Roof Mounted

FFP

Supply of Solar Support Roof Mounted Racking System

000102 Supply of Solar Array PV System

Supply of Solar Array PV System

000103 Installation of Solar Support Roof Mount

Installation of Solar Support Roof Mounted Racking System

000104 Installation of Solar Array PV System

Installation of Solar Array PV System

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 000101 N/A N/A N/A N/A 000102 N/A N/A N/A N/A 000103 N/A N/A N/A N/A 000104 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 13-JUN-2023 1 KASKASKIA LOCK & DAM

US ARMY ENG DIST ST LOUIS

4800 LOCK AND DAM ROAD

MODOC IL 62261-1216

618 284-7160 FOB: Destination

965137

000101 N/A N/A N/A N/A

000102 N/A N/A N/A N/A

000103 N/A N/A N/A N/A

000104 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-5 Material Requirements AUG 2000 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

52.222-50 Combating Trafficking in Persons NOV 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.244-6 Subcontracts for Commercial Products and Commercial Services

DEC 2022

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 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 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

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

JAN 2023

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 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

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

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(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) ALTERNATE I (OCT 2014)

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.

"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.

"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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern --

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

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

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

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

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

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

(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.

(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic…