A22. W912EK25R0003.pdf
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- Attached to
- Gabion Baskets IDIQ
- Solicitation number
- W912EK225R0003
About this file
This document is a solicitation (W912EK25R0003) for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract to procure fully lined gabion baskets and provide technical advisory services in support of the National Flood Fight Materiel Center.
The contract will have five ordering periods from January 2025 to January 2030. The guaranteed minimum is 40 gabion basket units. The solicitation requires offerors to provide unit prices for fabric-lined gabion baskets and hourly rates for technical advisory services. Transportation and travel expenses are cost reimbursable. The contract will be awarded on a lowest-priced, technically acceptable basis. Key technical requirements include geotextile lining specifications, steel wire specifications, and hydrostatic load test performance. Technical advisory services require a minimum of 3 years' experience in temporary flood barrier installation. Offerors must demonstrate the ability to deliver emergency, urgent, and normal condition orders within specified timeframes. Past performance information is also required.
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Other files
| File | Type | Posted |
|---|---|---|
| A22. W912EK25R0003_Amendment 0002.pdf | ||
| A22. W912EK25R0003 QA Gabion Baskets_05NOV.pdf | ||
| A22. W912EK25R0003_Amendment 0001.pdf | ||
| A22. W912EK25R0003 QA Gabion Baskets.pdf | ||
| A22. Attachment 0001 - Price Evaluation Sheet.xlsx | XLSX spreadsheet | |
| A22. Attachment 0002 - USACE PAST PERFORMANCE QUESTIONNAIRE.docx | DOCX document |
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SEE ADDENDUM
(No Collect Calls)
W912EK25R0003 24-Oct-2024
b. TELEPHONE NUMBER
309-794-5312
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 13 Nov 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA 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.
W912EK9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ALLISON A LONGEVILLE
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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
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 ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
CONTRACTING DIVISION
US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D
ROCK ISLAND IL 61201
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 965147 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
EMERGENCY MANAGEMENT OFFICE
CEMVR-EM
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
TEL: 309-794-5206 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
332618
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 OF57
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.
W912EK25R0003
Section SF 1449 - CONTINUATION SHEET
NARRATIVE
1. Solicitation W912EK25R0003 for Fully Lined Gabion Baskets, Technical Advisory Services, and associated Transportation Costs for the National Flood Fight Materiel Center (NFFMC) will result in a Firm Fixed Price (FFP) Indefinite Delivery/Indefinite Quantity (IDIQ) Contract.
2. The beginning and end dates for each Ordering Periods are as follows:
Ordering Period 1: 02 January 2025 – 01 January 2026 Ordering Period 2: 02 January 2026 – 01 January 2027 Ordering Period 3: 02 January 2027 – 01 January 2028 Ordering Period 4: 02 January 2028 – 01 January 2029 Ordering Period 5: 02 January 2029 – 01 January 2030
3. The guaranteed minimum is as follows:
SubCLIN 0001AA (Gabion Basket) – 40 units
*** This guaranteed minimum amount is the only guaranteed amount to be awarded under this solicitation. The Government is under no further obligation to order an additional amount.
4. Offerors shall enter a unit price for all SubCLINs for each ordering period on the attached Price Evaluation Sheet (Attachment 0001):
• Fabric-Lined Gabion Baskets per unit
• 0001AA, 0002AA, 0003AA. 0004AA, and 0005AA
• Hourly rate for Technical Advisory Services
• 0001AB, 0002AB, 0003AB. 0004AB, and 0005AB
5. SubCLINs for Transportation and Technical Advisory Travel Expenses are Cost Reimbursable CLINs and will be addressed on each Delivery Order.
6. Wage Determinations for Technical Advisory Services will be addressed on a per order basis.
7. Only the USACE - Rock Island District is authorized to issue delivery orders under the resultant IDIQ contract.
SCOPE OF WORK
SCOPE OF WORK
GENERAL.
This scope of work provides a technical specification regarding the procurement of fully textile lined gabion baskets for use during a flood event. The requirements of this contract will include procurement of supplies and field site technical advisory services. Below are the materials/specifications that shall be used.
2. DELIVERIES.
a. Fully lined gabion baskets shall be stacked 10 units high, banded, shrink wrapped, and shipped on hardwood pallets.
b. Emergency Conditions. Orders shall be delivered anywhere in the Continental US 48 states, CONUS, within 72 hours after receipt of delivery order. The Contracting Officer may issue a series of orders up to twenty percent (20%) the maximum order limit for urgent deliveries anytime within a 30-day period. Early delivery anywhere in CONUS authorized at no additional cost to the government.
c. Urgent Conditions. Orders shall be delivered anywhere in the Continental US 48 states, CONUS, within 5 business days of receipt of delivery order. Under Urgent Conditions, business days exclude weekends and federal holidays. The Contracting Officer may issue a series of orders up to the maximum order limit for urgent deliveries anytime within a 45-day period. Early delivery anywhere in CONUS authorized at no additional cost to the government.
d. Normal Conditions. Orders shall be delivered anywhere in CONUS within 45 days of receipt of delivery order. The Contracting Officer may issue a series of orders at any time up to the maximum order limit. This process can be repeated every ten days from issuance of the (maximum order) delivery ordered.
Deliveries during Normal Conditions shall be Monday through Friday from 7:00 am to 4:00 pm, except for Federal Holidays.
e. Normal Conditions. Orders shall be delivered anywhere outside the CONUS within 90 days of receipt of delivery order. Outside CONUS is defined as the US States of Alaska and Hawaii, and US territories such as Puerto Rico, U.S. Virgin Island, or Guam. The Contracting Officer may issue a series of orders at any time up to the maximum order limit. This process can be repeated every ten days from issuance of the (maximum order) delivery ordered. Deliveries during Normal Conditions shall be Monday through Friday from 7:00 am to 4:00 pm, except for Federal Holidays.
f. All deliveries shall be made on side access trailers capable of being unloaded with a forklift without access to a ramp or dock. Requests for using hard cover trucks for delivery must be approved by the Contracting Officer or Contracting Officer’s Representative (COR) before shipment.
g. The Contractor shall give 48-hour notice to the COR and the delivery point of contact (listed in the specific delivery order) before delivery. The Contractor shall contact the delivery point of contact three hours and one hour prior to arrival. The delivery POC will be provided in the delivery order.
h. If significant delay occurs that will prohibit the delivery by the due date, the contractor shall immediately report the delay by phone call and email to the Contracting Officer and COR. Consideration may be deducted from the contract price relative to the delay. In each case, the price deducted shall be dependent upon the reason for the delay. The delay report shall include date, time, current location, cause of delay, and anticipated delivery time.
i. All deliveries should be accompanied by a Bill of Lading (BOL). The BOL should contain clear language as to the number of units, number of units per pallet, and total number of pallets. The BOL should also contain the delivery location, contract number and the company named in the contract.
3. PAYMENTS AND INVOICING
a. Payment for supplies and services ordered under this contract shall be made upon receipt of the invoice, contingent on services being rendered/delivered. Invoices shall be submitted within 14 days of services rendered and shall include contract number, delivery order number and location, Contract Line Item Number (CLIN) when multiple CLIN’s are issued on a contract, and copies of the BOL (please see clause 52.212-4(g) for further information).
b. Transportation costs will be a separate contract line item. Transportation costs will be reimbursed based on the actual cost of transportation. The Contractor shall add a line item to the invoice for transportation costs if internal contractor owned transportation is utilized. If a transportation subcontractor is utilized, the Contractor shall provide a copy of the subcontractor invoice.
c. All invoices shall be submitted to the COR appointed on the delivery order.
4. QUALITY CONTROL
a. The Contractor shall establish and maintain quality control for the construction of fully textile lined gabion baskets and its operations to assure compliance with contract requirements and maintain records of its quality control for all operations including but not limited to the following:
1) The Contracting Officer reserves the right to select the material for samples to be tested.
2) Copies of these records and tests as well as the records of corrective action taken, shall be furnished to the Contracting Officer.
b. The Contractor shall make as many additional tests under the Contractor’s quality control program as are needed to ensure requirements are met. If materials fail to meet requirements, the Contractor shall adjust its operation and verify with tests that acceptable materials are being produced. Failure to meet requirements will result in removal of materials already in place which the failed test represents. A copy of these records and tests, as well as the records of corrective action taken, shall be furnished to the Government.
PROVISION OF FULLY GEOTEXTILE-LINED GABION BASKETS
PART 1 GENERAL
1.1 SCOPE
This specification covers provision of fully geotextile-lined gabion baskets.
1.2 REFERENCES
The publications listed below form a part of this specification to the extent referenced.
ASTM INTERNATIONAL (ASTM)
ASTM A856 Standard Specification for Zinc-5 % Aluminum-Mischmetal Alloy-Coated Carbon Steel Wire
ASTM D4355 Standard Test Method for Deterioration of Geotextiles by Exposure to Light, Moisture and Heat in a Xenon Arc Type Apparatus
ASTM D4491 Standard Test Methods for Water Permeability of Geotextiles by Permittivity
ASTM D4632 Standard Test Method for Grab Breaking Load and Elongation of Geotextiles
ASTM D4751 Standard Test Methods for Determining Apparent Opening Size of a Geotextile
ASTM D6241 Standard Test Method for Static Puncture Strength of Geotextiles and Geotextile-Related Products Using a 50-mm Probe
AMERICAN NATIONAL STANDARD INSTITUTE (ANSI)
ANSI 2510 American National Standard for Flood Mitigation Equipment
PART 2 PRODUCTS
2.1 PRODUCTION OF GABION BASKETS (FULLY GEOTEXTILE-LINED)
Fully geotextile-lined gabion baskets shall be produced in accordance with the following specifications and validated by product performance testing. With the proposal, provide evidence that the products meets the requirements in section 2.1.1-2.1.6 in Part 2.
2.1.1 Geotextile Lining Material.
The geotextile shall be non-woven and meet the following requirements:
a. Meet the following requirements in temperatures ranging from -50 to 120 degrees Fahrenheit unless specified in the testing standard.
b. Grab tensile strength greater than 120 lbs, tested in accordance with ASTM D4632.
c. High UV resistance (greater than 70% retained after 500 hrs, tested in accordance with
ASTM D4355).
d. Permittivity must be a maximum 1.7 sec-1, tested in accordance with ASTM D4491.
e. Maximum Apparent Opening Size (AOS) no greater than a 0.212 mm bead size (70 US
Std. Sieve), tested in accordance with ASTM D4751.
f. Static (CBR) Puncture Strength greater than 300 lbs, tested in accordance with ASTM
D6241.
2.1.2 Steel Wire for Mesh, Coil, and Connecting Pins.
The wire shall meet the following requirements:
a. Steel Properties: Zinc-5% Aluminum-Mischmetal Alloy-Coated Carbon Steel Wire (ASTM A856), with a minimum diameter of 0.148-inch (3.76 mm).
b. Coating Weight: ASTM A856, Class 3 or A (0.90 oz/ft² [275 g/m]² or heavier).
c. Wire Tensile Strength: ASTM A856, Hard Temper (80 ksi [550 MPa] to 110 ksi [760 MPa]).
2.1.3 Mesh Panels and Spacing.
a. Mesh Weld Tensile Strength: Minimum average of 70% of wire tensile strength, with no single value below 50% of the wire tensile strength.
b. All mesh shall be spaced not more than 3”× 3”, with a 1/8” tolerance.
c. Squareness: Diagonals shall have no more than a 5/8” variance.
2.1.4 Coils
The coils shall be fabricated with a pitch of 1 coil per inch of length.
2.1.5 Connecting Pins.
The contactor shall provide six connecting pins per unit.
2.1.6 Zip Ties.
The contractor shall provide the requisite 8-inch long, 0.30-inch wide UV black nylon zip ties with a minimum tensile strength of 120 pounds (534 N) for better connection of multiple units during deployment and use.
2.1.7 Reusability.
The product shall be constructed such that it can be disassembled after use, with the option to reassembled for multiple uses.
PART 3 EXECUTION
3.1 QUALITY ASSURANCE PROVISIONS
3.1.1 Inspection/Acceptance
a. See clause 52.212-4(a).
b. Title will pass to the Government after final inspection and acceptance by the Government at destination.
c. Upon delivery, the Contractor shall submit certification that the fully textile lined gabion baskets meet all the specifications.
d. The manufacturer shall provide complete instructions required to properly design, install, operate, and maintain the temporary flood barrier system.
e. At a minimum, the manufacturer’s design, install, operate, and maintenance manual shall include the following:
a. A description of the product and the parts/components included with one pallet/container needed for installations and/or operations/deployment.
b. A procedure for the installation of the product.
c. A procedure for operation of the product.
d. Details regarding maintenance/trouble shooting/repairs during deployment or flood conditions.
3.1.2 Workmanship
The fully textile lined gabion baskets shall be uniform in size and color, and free of any extraneous material.
3.2 PACKAGING.
3.1.1 Shrink-wrapping and Palletization.
a. All units shall be covered with a UV resistant heat-shrink plastic top cover and palletized to allow for safe delivery and handling.
b. Pallets shall contain 10 units each; each pallet shall contain units of same dimensions and type.
Units shall be folded flat, stacked neatly and strapped for rigidity, with no spacing or packaging material between. Pallets shall be of sufficient strength to support stacking three high. Pallets shall be new construction, treated lumber capable of multiple handlings.
3.1.2 Dimensions/type.
One unit consists of five preassembled cells (4’X’3’X15’ per unit) accompanied by joining pins and zip ties. The unit is constructed so as to allow easy take-down by a two-person team. This unit will be 48 inches (4’) tall. The geotextile fabric will line the interior of each cell. There will be a flap of geotextile on the two ends of the unit to prevent sand from escaping the unit. Contractor shall provide shipping specifications to include fully assembled shipping package (pallet, units, and other packaging material) weight, dimensions, and units per package.
3.1.3 Labeling Pallets.
The exterior of all shrink-wrapped pallets shall be marked on all four sides. Line 1 shall be 4 inch letters, and remaining lines shall be 2 inch lettering. Letters shall be all capitals without serifs numerals shall be Arabic per industry specifications and standards. The shrink-wrapping shall be marked on all four sides as shown below.
a. Line 1 shall be marked with: USACE [Contractual Delivery Date mo/dy/yr]
b. Line 2 shall be marked with: Product Type and number of units per pallet: (e.g. 10 Units)
c. Line 3 shall be marked with: Product Dimensions (e.g. 4’x3’x15’).
d. Line 4 shall be marked with: Weight of the pallet, in lbs. (e.g. 1200 lbs)
3.1.4 Technical Product Performance
Evidence of independent laboratory or field-based testing will be provided with the proposal.
Fully geotextile-lined gabion baskets shall be validated by submitting product performance report with the proposal. Performance tests should conform with American National Standard Institute (ANSI) Standard / FM 2510-2020 American National Standard for Flood Mitigation Equipment. Well documented performance testing shall be either a laboratory or field based with water fully loaded on the wet-side of the geotextile-lined gabion basket.
The product performance document shall be either a laboratory or field based report of how the product has performed with water on the wet-side of the geotextile-lined gabion basket. Performance tests may be done in the field or a laboratory and shall have at least one unit be hydrostatically loaded with water at 3 feet, or at a minimum of 75% or above, for 22 hours and keeping water from the dry-side of the basket beside a through seepage rate of less than 1 gallon per linear foot per minute. Laboratory tests do not have to conform with American National Standard Institute (ANSI) Standard 2510 American National Standard for Flood Mitigation Equipment to be acceptable.
For field-based, a report shall be submitted with the proposal that details installation of the product at least three (3) locations in CONUS, one (1) field locations can be associated with the contractor. The report shall provide enough detail to determine where and how the gabion baskets were installed, the date they were loaded with water and the water source, and an estimate of seepage in gallons a minute per linear foot for all units loaded with three (3) feet of water. Each location shall have two (2) points of contact that represent the location that installed the gabion basket.
Field-based reports submitted may include date of flooding or water loading; each substrate basket was installed; river experiencing high water; installation circumstance and alignment, including a drawing showing a typical cross-section for each change of cross-section; seepage reduction technique used;
materiel used to fill the gabion basket; color photographs of the installation, the landside gabion basket and toe with water at approximately at 75% of the water side, and any stacking operations; if gabion basket were stacked, how baskets were stacked; and any noted issues.
PROVISION OF TECHNICAL ADVISORY SERVICES
PART 1 GENERAL
1.1 SCOPE
This specification covers provision of technical advisory services.
PART 2 SERVICE
2.1 TECHNICAL ADVISORY SERVICES
2.1.1 Technical Advisory Services
The contractor will furnish and provide Technical Advisory (TA) services at the request of the Contracting Officer. Services provided shall include training on proper setup, utilization during an event and teardown/repackaging after the event. TA services will be provided to local, state, tribal, and/or federal entities identified by the USACE POC. The USACE POC shall oversee and direct the TA services. The number of advisors shall be determined by consensus of the contractor, COR and Contracting Officer. If no consensus is reached the decision of the Contracting Officer is final. TA services may be requested at any time, 7 days a week, 365 days a year.
2.12 Field Report
Upon completion of services, the technical advisor shall develop a field report documenting the technical advisory services performed. The field report shall contain dates of service, contact information for personnel and/or agencies supported, location of support, type of TA provided, concerns (i.e. adequate high ground to tie-in, enough product, adequate manpower, etc.), and recommendations. The field report shall be provided to the COR with the invoice. The Contracting Officer, or COR may request submission of weekly field reports based on the size of the event. If requested these weekly reports shall be submitted to the COR every Saturday by 1800.
The Contractor shall furnish all equipment needed for the field reports such as laptop computer, paper, etc.
2.1.2 Field Location
The contractor will furnish and provide Technical Advisory (technical advisory services) throughout the United States which may include multiple sites for multiple events at the request of the Contracting Officer or COR. These services may be required in remote locations and in austere conditions. After directed to by the Contracting Officer, the Technical Advisor will be onsite within 24 hours for CONUS, Puerto Rico, and US Virgin Islands locations; 42 hours for the rest of OCONUS. Replacing field deployed technical advisors requires notification to the Contracting Officer and COR within 24 hours after replacement.
2.1.3 Qualifications
Contractor shall provide qualifications of technical advisors and 24 hour contact information with the proposal.
Minimum qualifications for submitted and replacement technical advisors are: 3 years’ experience in both real world installation and manufacturer suggested installation of the product. Each technical advisor should have the ability to provide guidance on surface preparation, tie-in of product to multiple surfaces horizonal and vertical, preparing for stacking prior to knowing flood water elevation, stacking product up to 3 high or 12 feet in the field, and be able to provide field design technical advice on alignments for different situations. The technical advisors should be able to walk more than five miles daily, lift 50 lbs., valid driver’s license and can provide their own Personal Protective Equipment to include: safety boots, hard hat, reflective safety vest, personal floatation device, safety glasses, proper clothing for the environment, gloves, and hearing protection.
The technical advisor selection shall be determined by consensus of the contractor, Contracting Officer and COR. If no consensus is reached, the decision of the Contracting Officer will be final. The contractor will notify the Contracting Officer and COR within 1 week of change of accepted technical advisors. This notification will include the qualifications of replacement technical advisors.
2.1.4 Duration
The duration of technical advisory services will be specified by the consensus of the contractor, Contracting Officer and COR. If no consensus is reached, the decision of the Contracting Officer is final.
2.1.5 Safety Requirements
The contractor shall perform work in accordance with Safety and Health Requirements Manual 385-1-1.
Per Section 01.F, Emergency Operations, it states “In addition to the other pertinent parts of this manual, Civil Disaster Emergency Operations for floods, earthquakes, hurricanes and other natural disasters shall be conducted in accordance with this manual, generally and with Appendix B specifically, for…Contractor activities.” The contract shall follow Appendix B of EM 385-1-1.
2.1.6 Deployed Technical Advisors
Two (2) technical advisors may be deployed at any time simultaneously. If additional technical advisor(s) are available, the government may request deploying them.
3. PAYMENTS AND INVOICING
a. Payments for Technical Advisory Services rendered under this contract will be made upon receipt of invoice and should be submitted with the following documentation:
1) Technical advisor(s) name
2) Dates of services provided and the location
3) Time sheet(s)
4) Travel expenses, in accordance with the Joint Travel Regulation (JTR);
http://www.defensetravel.dod.mil/site/travelreg.cfm
5) Certified by a responsible party on behalf of the Contractor to be factual and accurate
6) Technical advisor’s field reports (see section 2.12)
b. Technical Advisory Service labor will be reimbursed based on hours worked beginning with transportation to the specified site and ending with transportation back to permanent duty station per the hourly rate in the schedule of prices.
c. Technical Advisory Service travel expenses will be paid in accordance with the current JTR;
http://www.defensetravel.dod.mil/site/travelreg.cfm.
d. All invoices shall be submitted to the COR appointed on the delivery order. The invoice shall be submitted with all documentation identified in section 3.c., items 1-6, above.
PROPOSAL INSTRUCTIONS
PROPOSAL SUBMISSION REQUIREMENTS AND INSTRUCTIONS
a. REQUIREMENT FOR SEPARATE PRICE AND TECHNICAL PROPOSALS.
(1) Each Offeror must submit both a Price Proposal and a Technical Proposal. The Price Proposal and the Technical Proposal must be submitted as separate volumes. Ensure that the outside of each separate volume is clearly marked to indicate its contents; and the identity of the offeror. Additionally, clearly identify the “original” cost/price proposal and the “original” technical proposal on the outside cover.
(2) Both the Price Proposal and the Technical Proposal must be received by the closing date and time set for receipt of proposals.
(3) No dollar amounts from the Price Proposal are to be included in the Technical Proposal.
(4) All information intended to be evaluated as part of the Technical Proposal must be submitted as part of the Technical Proposal. Do not merely cross-reference similar material in the Price Proposal, or vice versa. Also, do not include links to websites in lieu of incorporating information into your proposal. Ensure documentation for all the fields for each factor are provided in the proposal.
(5) Do not include exceptions to the terms and conditions of the solicitation in either the technical or price proposal. Should the offer include any standard company terms and conditions that conflict with the terms and conditions of the solicitation, the offer may be determined "unacceptable" and thus ineligible for award.
b. DISCUSSIONS. The Government intends to evaluate proposals and award a contract without discussions with offerors, in accordance with FAR 52.215-1, Instructions to Offerors—Competitive Acquisitions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
c. COST OR PRICING DATA. Offerors are not required to submit Cost or Pricing Data with their offers.
d. GENERAL INSTRUCTIONS.
(1) Submit only electronic files specifically authorized and/or required elsewhere in this section. Do not submit excess information, to include audio-visual materials, electronic media, etc. All pages should be numbered. Submit proposals to Allison Longeville at allison.a.johnson@usace.army.mil and Ryan Larrison at ryan.r.larrsion@usace.army.mil.
(2) Do not use a font size smaller than 10, an unusual font style such as script, or condensed print for any submission. All page margins must be at least 1 inch wide, but may include headers and footers.
(3) “Confidential” projects cannot be submitted to demonstrate capability unless all of the information required for evaluation as specified herein can be provided to the Government as part of the Offeror’s technical proposal. Offerors that include in their proposals information that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, must be clearly marked in accordance with the instructions at FAR 52.215-1, “Instructions to Offerors—Competitive Acquisition”, paragraph (e), “Restriction on disclosure and use of data.”
PROPOSAL PREPARATION
1. SPECIFIC INSTRUCTIONS FOR THE PRICE PROPOSAL
a. Number of Sets of the Price Proposal. Submit ONE copy of the Proposal by email to allison.a.johnson@usace.army.mil. If the files are larger than 30mb, a CD of the Proposal may be submitted or contract Allison Longeville at the above email address.
b. Size Restrictions and Page Limits. Use only 8 ½” x 11” pages. There are no page limits set for the price proposal. However, limit your response to information required by this solicitation. Excess information will not be considered in the Government’s evaluation. Contractors must use the Schedule of Prices provided in the solicitation.
c. Format and Contents of the Price Proposal and List of Tabs. The Price Proposal shall be appropriately labeled as such and shall be organized as indicated in the following chart.
TAB #
CONTENTS OF THE PRICE PROPOSAL
The Proposal Cover Sheet
The SF 1449 and Acknowledgement of Amendments
Schedule of Prices
Representations & Certifications
d. Detailed Submission Instructions for the Price Proposal
TAB 1: The proposal cover sheet is required by FAR 52.215-1(2) (c) (i)-(v) and must be submitted by all offerors. This provision, titled “Instructions to Offerors—Competitive Acquisition,” and the format for the proposal cover sheet as shown here:
PROPOSAL COVER SHEET
1. Solicitation Number:
2. The name, address, telephone number, and email address of the Offeror:
3. Names, titles, telephone numbers, and email addresses of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation:
4. Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.
TAB 2: The SF 1449 is to be completed by all Offerors and duly executed with an original signature by an official authorized to bind the company in accordance with FAR 4.102. All amendments must be acknowledged by all Offerors in accordance with the instructions on the Standard Form 30, Amendment of Solicitation.
TAB 3: Schedule of Prices is to be completed in its entirety by all Offerors.
TAB 4: All Offerors must have electronically completed the annual representations and certifications on the “Online Representations and Certifications Application” (SAM) website or respond with the completed representations /certifications found in the solicitation. The offerors are responsible for ensuring that these on-line Representations and Certifications are updated as necessary to reflect changes, but at least annually to ensure that they are kept current, accurate and complete.
2. SPECIFIC INSTRUCTIONS FOR THE TECHNICAL PROPOSAL
a. Number of Sets of the Technical Proposal. Submit a digital copy of the written Technical Proposal.
b. Format and Contents of the Technical Proposal and List of Tabs. The technical proposal shall be appropriately labeled as such and shall be organized as indicated in the following chart.
TAB
CONTENTS OF THE TECHNICAL PROPOSAL
Factor #1
TECHNICAL PERFORMANCE
Factor #2
TECHNICAL ADVISORY PERSONNEL
Factor #3
DELIVERY UNDER EMERGENCY CONDITIONS
Factor #4
SPECIFIC INSTRUCTIONS FOR PAST PERFORMANCE
c. Page Limitations. The following page limitations are established for each factor described above:
Factor #1, Technical Performance – Limited to 75 pages Factor #2, Personnel - Limited to 2 page for each resume provided Factor #3, Delivery Under Emergency Conditions – Limited to 3 pages Factor #4, Specific Instructions For Past Performance – Limited to 5 Past Performance Questionnaires.
Tables of content, proposal cover letters, and tabs between proposal information do not count toward any page limitations in the proposal.
d. Detailed Submission Requirements for the Technical Proposal. Refer to attachment numbers 1 through 3 for a detailed description of the information to be submitted under each TAB.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED
Gabion Baskets and Technical Advisory
FFP
Ordering Period 1: 02 January 2025 through 01 January 2026
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0001AA 12,000 Each Fabric-Lined Gabion Basket
FFP
Shipped on Pallets FOB: Destination
PSC CD: 8305
UNIT UNIT PRICE MAX AMOUNT
0001AB 1,500 Hours Technical Advisory Services
FFP
UNIT UNIT PRICE MAX AMOUNT
0001AC 20 Job Technical Advisory Travel Expens
FFP
Technical Advisory Service Travel Expenses
UNIT UNIT PRICE MAX AMOUNT
0001AD 80 Job Transportation Services
FFP
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 UNDEFINED
Gabion Baskets and Technical Advisory
Ordering Period 2: 02 January 2026 through 01 January 2027
UNIT UNIT PRICE MAX AMOUNT
0002AA 12,000 Each Fabric-Lined Gabion Baskets
FFP
Shipped on Pallets
UNIT UNIT PRICE MAX AMOUNT
0002AB 1,500 Hours Technical Advisory Services
FFP
UNIT UNIT PRICE MAX AMOUNT
0002AC 20 Job Technical Advisory Travel Expenses
FFP
Technical Advisory Service Travel Expenses
UNIT UNIT PRICE MAX AMOUNT
0002AD 80 Job Transportation Services
FFP
Shipping
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED
Gabion Baskets and Technical Advisory
Ordering Period 3: 02 January 2027 through 01 January 2028
UNIT UNIT PRICE MAX AMOUNT
0003AA 12,000 Each Fabric-Lined Gabion Basket
FFP
Shipped in Pallets
UNIT UNIT PRICE MAX AMOUNT
0003AB 1,500 Hours Technical Advisory Services
FFP
UNIT UNIT PRICE MAX AMOUNT
0003AC 20 Job Technical Advisory Travel Expenses
FFP
UNIT UNIT PRICE MAX AMOUNT
0003AD 80 Job Transportation Services
FFP
Shipping
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED
Gabion Baskets and Technical Advisory
Ordering Period 4: 02 January 2028 through 01 January 2029
UNIT UNIT PRICE MAX AMOUNT
0004AA 12,000 Each Fabric-Lined Gabion Basket
FFP
Shipped on Pallets
UNIT UNIT PRICE MAX AMOUNT
0004AB 1,500 Hours Technical Advisory Services
FFP
UNIT UNIT PRICE MAX AMOUNT
0004AC 20 Job Technical Advisory Travel Expenses
FFP
Technical Advisory Service Travel Expenses
UNIT UNIT PRICE MAX AMOUNT
0004AD 80 Job Transportation Services
FFP
UNIT UNIT PRICE MAX AMOUNT
0005 UNDEFINED
Gabion Baskets and Technical Advisory
Ordering Period 5: 02 January 2029 through 01 January 2030
UNIT UNIT PRICE MAX AMOUNT
0005AA 12,000 Each Fabric-Lined Gabion Basket
FFP
UNIT UNIT PRICE MAX AMOUNT
0005AB 1,500 Hours Technical Advisory Services
FFP
UNIT UNIT PRICE MAX AMOUNT
0005AC 20 Job Technical Advisory Travel Expenses
FFP
Technical Advisory Service Travel Expenses
UNIT UNIT PRICE MAX AMOUNT
0005AD 80 Job Transporation Services
FFP
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
40.00 68,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
40.00 1,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
0001AA 40.00
1,000.00
0001AB
0001AC
0001AD
0002AA 40.00
0002AB
0002AC
0002AD
0003AA 40.00
0003AB
0003AC
0003AD
0004AA 40.00
0004AB
0004AC
0004AD
0005AA 40.00
0005AB
0005AC
0005AD
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 N/A 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 0001AD Destination Government Destination Government 0002 N/A N/A N/A N/A 0002AA Destination Government Destination Government 0002AB Destination Government Destination Government 0002AC Destination Government Destination Government 0002AD Destination Government Destination Government 0003 N/A N/A N/A N/A 0003AA Destination Government Destination Government 0003AB Destination Government Destination Government 0003AC Destination Government Destination Government 0003AD Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government
0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government 0005 N/A N/A N/A N/A 0005AA Destination Government Destination Government 0005AB Destination Government Destination Government 0005AC Destination Government Destination Government 0005AD Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0001AA POP 02-JAN-2025 TO
01-JAN-2026
N/A EMERGENCY MANAGEMENT OFFICE
CEMVR-EM
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
309-794-5206
965147
0001AB POP 02-JAN-2025 TO
01-JAN-2026
N/A (SAME AS PREVIOUS LOCATION)
0001AC POP 02-JAN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0001AD POP 02-JAN-2025 TO
N/A (SAME AS PREVIOUS LOCATION)
0002 N/A N/A N/A N/A
0002AA POP 02-JAN-2026 TO
01-JAN-2027
N/A EMERGENCY MANAGEMENT OFFICE
CEMVR-EM
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
309-794-5206
0002AB POP 02-JAN-2026 TO
01-JAN-2027
N/A (SAME AS PREVIOUS LOCATION)
0002AC POP 02-JAN-2026 TO
01-JAN-2027
N/A (SAME AS PREVIOUS LOCATION)
0002AD POP 02-JAN-2026 TO
02-JAN-2027
N/A (SAME AS PREVIOUS LOCATION)
0003 N/A N/A N/A N/A
0003AA POP 02-JAN-2027 TO
01-JAN-2028
N/A EMERGENCY MANAGEMENT OFFICE
CEMVR-EM
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
309-794-5206
0003AB POP 02-JAN-2027 TO
02-JAN-2028
N/A (SAME AS PREVIOUS LOCATION)
0003AC POP 02-JAN-2027 TO
01-JAN-2028
N/A (SAME AS PREVIOUS LOCATION)
0003AD POP 02-JAN-2027 TO
01-JAN-2028
N/A (SAME AS PREVIOUS LOCATION)
0004 N/A N/A N/A N/A
0004AA POP 02-JAN-2028 TO
01-JAN-2029
N/A EMERGENCY MANAGEMENT OFFICE
CEMVR-EM
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
309-794-5206
0004AB POP 02-JAN-2028 TO
01-JAN-2029
N/A (SAME AS PREVIOUS LOCATION)
0004AC POP 02-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
0004AD POP 02-JAN-2028 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 N/A N/A N/A N/A
0005AA POP 02-JAN-2029 TO
01-JAN-2030
N/A EMERGENCY MANAGEMENT OFFICE
CEMVR-EM
US ARMY CORPS OF ENGINEERS
1500 ROCK ISLAND DRIVE
ROCK ISLAND IL 61201
309-794-5206
0005AB POP 02-JAN-2029 TO
01-JAN-2030
N/A (SAME AS PREVIOUS LOCATION)
0005AC POP 02-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
0005AD POP 02-JAN-2029 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
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
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services
MAY 2024
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.217-6 Option For Increased Quantity MAR 1989 52.219-9 Small Business Subcontracting Plan SEP 2023 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.246-16 Responsibility For Supplies APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.211-7003 Item Unique Identification and Valuation JAN 2023 252.215-7008 Only One Offer DEC 2022 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7000 Buy American--Balance Of Payments Program Certificate FEB 2024 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
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.
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