A22_Solicitation_W912EE23Q0075.pdf

SECURITY FENCING AT THE RED RIVER PROJECT OFFICE

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

Solicitation Number W912EE23Q0075 is being issued as a request for quote (RFQ) with the intent to issue one Firm-Fixed Price Contract. This solicitation is being issued under a Woman

Owned 100% Small Business Set Aside. The NAICS code for this procurement is 332990 – All other miscellaneous fabricated metal product manufacturing; with a size standard of 750 employees. This procurement is being conducted in accordance with regulations at FAR Part

12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures.

The U.S. Army Corps of Engineers, Vicksburg District, a contractor to supply and install approximately 1,053 feet of new Type FE6-TR-72 chain link security fence, plus gates. in accordance with the scope of work. All work must be completed in accordance with the statement of work that was prepared for this requirement.

All Offerors shall submit a quote with content as specified herein. Quotes submitted without the specified content may be determined non-responsive and removed from further consideration.

Offers are encouraged to review all clauses that are incorporated into this solicitation.

PROJECT SPECIFICATIONS AND BIDDING SCHEDULE:

COMPLETE PROJECT SPECIFICATIONS AND BIDDING SCHEDULE ARE POSTED

AS AN ATTACHMENT TO THIS SOLICITATION.

The government intends to make one award for one firm fixed price contract. Offers for less than the required delivery will not be accepted. The Government intends to award without discussions while reserving the right to hold discussions if determined advantageous to the

Government. Offerors are encouraged to provide their best proposed pricing in their initial offer.

Notes to Offerors:

BIDDING SCHEDULE MUST BE RETURNED WITH YOUR QUOTE.

Quotes shall be submitted electronically via email, to: Judy.M.Huell@usace.army.mil. For information concerning this solicitation, contact Judy M. Huell at the above email or by phone at

601-631-5829.

• You are responsible for reading all information contained in this solicitation and all attachments if any posted with it.

• Offerors should check the SAM.gov web site often for modifications to this solicitation.

• Offerors are responsible for ensuring their quotes arrive timely.

mailto:Judy.M.Huell@usace.army.mil

TECHNICAL INQUIRIES AND QUESTIONS

Technical inquiries and questions relating to this solicitation are to be submitted via Bidder

Inquiry in ProjNet at (https://www.projnet.org). Offerors are encouraged to submit questions early in the advertisement process, in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Any questions submitted within the 72 hours window of the solicitation closing date are not guaranteed a response will be proivded. To submit and review inquiry items, prospective vendors will need to use the Bidder

Inquiry Key presented below and follow the instructions listed below the key for access.

The Solicitation Number is: W912EE23Q0075, Security Fencing at the Red River Project

Office

The Bidder/Offeror Inquiry Key is: 5KUHDH-S6ERAB

Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Bidders/Offerors are requested to review the specification in its entirety, review the Bidder

Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

https://www.projnet.org/

SEE ADDENDUM

(No Collect Calls)

W912EE23Q0075 21-Aug-2023

b. TELEPHONE NUMBER

601-631-5829

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 05 Sep 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 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.

W912EE9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JUDY M HUELL

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 OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

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 W807PM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PR W2R9 ENDIST VICKSBURG

SEE SCHEDULE

4155 CLAY ST

VICKSBURG MS 39180-3435

TEL: FAX:

601-631-7261FAX:

TEL: 601-631- SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

238990

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.

X

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)

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.

W912EE23Q0075

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

SECURITY FENCE SUPPY & INSTALL

FFP

The Contractor shall provide all labor, materials, and equipment to supply and install approximately a chain link security fence, plus gates at the Red River Project Office facility in accordance with the attached Scope of Work.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 5660

NET AMT

Section C - Descriptions and Specifications

SCOPE OF WORK

U.S. ARMY CORPS OF ENGINEERS, VICKSBURG DISTRICT

Security Fencing at the Red River Project Office 276 Miller Road, Bossier City, LA Updated

1.0 General Scope of Work

Provide all labor, materials, and equipment to supply and install approximately 1,053 feet of new Type FE6-TR-72 chain link security fence plus gates as shown on attached drawings to fully enclose the Red River Project Office facility. Exact layout to be field verified with designated government representative. Fence fabric shall be a minimum of 7 feet high.

Overall fence height shall be 8 feet minimum including outriggers with 3 strands of barbed wire. Fencing to include one (1) 12-foot swing gate (single leaf) and one (1) 20-foot sliding cantilevered gate at locations shown on the plan.

A powered operator shall be provided on the 20-foot sliding gate with a keypad access control system for operation of the gate.

Power supply for operator and control system will be installed per National Electrical Code, underground in new conduit including one spare conduit, from existing electrical panel inside the office building. Keypads shall be located on both the inside and outside of the sliding gate as shown on the plan. Additionally, the access control shall be operable by remote control and 8 remote controls shall be provided. The storage unit and metal carport sheds located in the back corner of the facility shall be rearranged to accommodate the new fencing as indicated.

Approximately 346 feet of existing fencing in this area shall be removed and disposed of by the contractor. Two metal light poles with concrete bases shall also be removed from inside the new fenced in compound. Exact revised locations of the storage unit and sheds shall be verified and approved on site by the designated government representative. See the following specifications and attached drawings for additional information on the requirements. All work shall be completed no later than 30 days following contract award.

2.0 Chain Link Fencing Fabric

Fencing fabric must be minimum 9-gage wire mesh and mesh openings must not be greater than 2-inches (51 mm) per side. Fence fabric material will be galvanized steel. The fencing fabric must be extended to within 2 inches (51

mm) of firm ground and anchored at the bottom using horizontal tension wires. Top of fabric shall be anchored using a horizontal top rail.

3.0 Fence Posts

Fencing fabric must be mounted on steel posts that are set in concrete with additional bracing at corners and gate openings, as necessary. Posts, bracing, and all other structural members must be placed on the secure side of the fencing fabric.

Posts must be vertical within plus or minus 2 degrees in each direction. Posts must be embedded and encased in concrete according to the design details enclosed. Post spacing shall be in accordance with the fence manufacturer’s recommendations, but in no case shall spacing between posts be more than 10 feet.

4.0 Fence Bracing

Steel truss rods used for bracing must have a minimum nominal diameter of 5/16 inch (8 mm) and provided with turnbuckles for tensioning. Provide bracing for each gate, terminal and end post. Install truss rods diagonally from near ground level of the gate, terminal or end post to within 6 inches (152 mm) from the top of the fabric at the adjacent line post.

Fencing fabric shall be securely fastened to rails and tension wires on the top and bottom with 9 gage (3.76 mm) galvanized tie wires (compatible with the fabric to inhibit corrosion) incorporating at least three full twists, 9 gage (3.76 mm) round wire galvanized hog rings, or in a manner that provides a tensile strength equal to or greater than the strength of the fencing fabric.

5.0 Fence Fabric Height

All security and perimeter fencing must have a minimum fence fabric height of 7 feet (2.13m), excluding the top guard. Fence height including outriggers must be a minimum of 8 feet (2.44m).

6.0 TOP GUARDS

Install outriggers (support arms) at 45-degree angles in a single arm (towards the threat side), constructed of a single outrigger consisting of 18-inch (457 mm) arm, each having three strands of barbed wire at regular intervals along the top of the fence.

The outriggers must provide a minimum of an additional 12 inches (305 mm) to the fence height. The top guard fencing adjoining gates may range from a vertical height of 18 inches (457 mm) to the normal 45-degree outward protection, but for a limited distance along the fence line to adequately open the gates. Outriggers must be permanently affixed to the fence posts with screws or by spot welding. Screws used to affix outriggers to posts must be made tamper-proof either by design, peening, or welding.

a. Outrigger/Barbed Wire Arms must be constructed of the same material as the other fencing components in accordance with ASTM F626.

b. Barbed wire is a fabricated wire product consisting of two line wires twisted to form a two-wire strand, into which 4–point barbs are tightly wrapped and locked into place at specific intervals. Fences requiring barbed wire must use a minimum of 3 strands of barbed wire equally spaced. Additional strands may be added as required.

Barbed wire must consist of two 12.5 -gage /0.099-inch (2.5 mm) (+0. 005- inch (.127 mm)) twisted line wires with 15- gage /0.080- inch (2 mm)(+0, 005-inch (.127 mm)) round barbs. Barbed wire must be zinc-coated steel compatible with the other fencing materials. All barbs must consist of four points and spacing of barbs must be at 5-inch (127 mm) (+1- inch (25.4 mm)) centers.

7.0 Grounding

Grounding and bonding of the perimeter systems must be in accordance with the National Electric Safety Code

(NESC) - IEEE C2.

a. The grounding connections must be made to a separate ground rod.

b. Fences must be grounded at each side of a gate or other opening.

c. Gates must be bonded to the grounding conductor, jumper, or fence.

d. A buried bonding jumper must be used to bond across a gate or other opening in the fence.

e. If barbed wire strands are used above the fence fabric, the barbed wire strands must be bonded to the grounding conductor, jumper, or fence.

f. The grounding conductor must be connected to the fence post or posts, as required, with suitable connecting means.

8.0 Single Cantilevered Gate

All single cantilevered sliding gates should use full support and suspension of gate frame by four rollers secured to two posts inside the restricted area. When an opened gate rests parallel to existing fence, a straight and level fence line at least 1.5 times the size of the opening should be made to accommodate when the gate is fully open. A 2 inch (51 mm) maximum clearance must be maintained between the bottom of fence and the road surface when gate is in closed position. See attached drawing for typical cantilevered gate design requirements. Gate shall be single leaf, 20 foot wide.

9.0 Swing Gates

All swing vehicular gates must be designed to swing inward, toward secured area. A 2 inch (51 mm) maximum clearance must be maintained between the bottom of fence and the road surface when gate is in closed position. See drawings for minimum post sizes and concrete foundations and typical design for swing gates. Gate shall be a single leaf, 12 foot wide.

10.0 Sliding Power Gate Operator

a. Locate gate operator to prevent tampering from outside the fence.

b. The gate operator shall be Commercial Duty, High Traffic rated with capacity sized to meet or exceed the actual gate installed.

c. Safety Sensors shall be provided to keep gate from closing on obstructions.

d. Gate shall provide for Remote Control operation with encrypted signals, with controller range capable of working from inside the building lobby.

e. Gate shall be programable to automatically close after vehicle passes or after time delay, with capability of overriding to hold gate open indefinitely.

f. Operator shall provide secure means for manual override for gate operation in the event of malfunction/failure.

g. Provide 2 keypad controls (one on each side of the gate) and 8 remote controls.

h. Operator shall include minimum Manufacturer’s 5-year commercial warranty.

11.0 Attached Drawings

a. Plan view showing layout of fence and location of storage unit and sheds

b. FE6 Chain Link Security Fence Details

c. FE6 Chain Link Security Fence Gate Details

d. Chain Link Cantilevered Gate Details

12.0 Point of Contact on Site

For prebid site visits and coordination during construction, please contact:

Rodney Nordby Phone: 318-393-0199

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 45 dys. ADC 1 PR W2R9 ENDIST VICKSBURG

SEE SCHEDULE

4155 CLAY ST

VICKSBURG MS 39180-3435

FOB: Destination

W807PM

Section G - Contract Administration Data

GENERAL INFORMATION

GENERAL INFORMATION

“Only a warranted Contracting Officer (either a Procuring Contracting Office (PCO), or an Administrative Contracting Office (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of the contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.”

**CONTRACTOR MUST BE ACTIVE IN WWW.SAM.GOV BEFORE AWARD (FAR 52.204-7)**

INVOICE INSTRUCTIONS:

PAYMENTS WILL BE MADE BY:

(1) A PROPER INVOICE MUST BE IN ACCORDANCE WITH FAR 52.212-4(g)

(2) SUBMIT INVOICE VIA EMAIL TO:

CEFC-B4invoices@usace.army.mil Cemvk-invoices-billings@usace.army.mil Amber.N.Huell@usace.army.mil

TO AVOID DELAY IN PAYMENT A COPY MUST ALSO BE SENT TO THE TECHNICAL POC VIA

EMAIL OR MAIL:

POINTS OF CONTACT:

CONTRACTOR POINT OF CONTACT: TBD

GOVERNMENT TECHNICAL POINT OF CONTACT(S): TBD

INVOICES MUST BE SUBMITTED TO BOTH LOCATIONS ABOVE IN ORDER FOR PAYMENT TO

BE PROCESSED

(3) IF MORE THAN ONE INVOICE IS REQUIRED, THE CONTRACTOR’S FINAL INVOICE SHALL BE

SUBMITTED WITHIN 45 DAYS AFTER THE FINAL PERIOD OF PERFORMANCE DATE SPECIFIED IN

THE CONTRACT. THE INVOICE MUST BE CLEARLY MARKED “FINAL” AND SUBMITTED AS

OUTLINED ABOVE.

IN ADDITION A COPY MUST BE SENT VIA EMAIL:

EMAIL: Judy.M.Huell@usace.army.mil

NOTE TO RECEIVING OFFICER: Please date stamp the invoice(s) immediately upon receipt. ******PLEASE

INCLUDE AWARD DOCUMENT NUMBER ON ALL INVOICES

mailto:CEFC-B4invoices@usace.army.mil mailto:Cemvk-invoices-billings@usace.army.mil mailto:Amber.N.Huell@usace.army.mil mailto:Judy.M.Huell@usace.army.mil

Electronic Funds Transfer Information

“All vendor direct deposit and Electronic Funds Transfer (EFT) information must be entered/maintained in the System for Award Management (SAM) located at www.SAM.gov.

UFC Form 23, previously required for direct deposits/EFT payments by the Vicksburg District (MVK) is obsolete. To receive direct deposits/EFT payments, routing and banking information must be entered and maintained in SAM. Failure to update/maintain this information in SAM will result in vendors receiving payments via Treasury checks distributed by U.S. mail. The below links are provided for your information.

How do I update the banking information on my Sam.gov entity registration?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=003e5979dbe1259494439f95f39 619cd What is an Electronic Funds Transfer (EFT) indicator and how do I create one?

https://www.fsd.gov/gsafsd_sp?id=gsafsd_kb_articles&sys_id=83629ecadb69e99494439f95f396 If you have further questions, please visit the Federal Service Desk (FSD) at www.FSD.gov.”

Reference Limitations on Subcontracting FAR 52.219-14. This procurement is 100% Small Business under NACIS Code 238990 for Woman Owned Small Business (WOSB). The awardee of this contract shall comply with all requirements up to and including the following:

Services (except construction): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

Supplies (other than procurement from a nonmanufacturer of such supplies): Contractor will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract.

General construction: Contractor will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded.

Construction by special trade contractors: Contractor will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

Upon the Contracting Officer’s request, the Contractor shall submit a report to the Contracting Officer documenting compliance with FAR 52.2l9-l4. If the Contractor is using Similarly Situated Entities, it must be clearly identifiable in the submitted reports. If the required percentage is not being met the Contractor shall also include, with the semiannual report, a plan to meet the required percentage before the contract end date.

Instructions for Calculation of the Cost of Contract Performance Incurred for Personnel in Accordance with 'Limitations on Subcontracting' (FAR 52.219-14):

Clearly describe the Work to be Performed by Prime Personnel and/or Similarly Situated Entities:

Show Calculation of the Cost of Contract Performance Incurred for Personnel:

1. Total cost of contract = $

2. Total cost of performance by Prime and it’s similarly saturated entities = $

3. Percentage of Contract Performance Incurred by Prime Personnel and/or Similarly Situated Entities = (Line 1 / Line 2) X 100 = %

52.219-14 LIMITATIONS ON SUBCONTRACTING (OC T 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that--

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to--

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause--

[Contracting Officer check as appropriate.]

___ By the end of the base term of the contract and then by the end of each subsequent option period; or

___ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.204-13 System for Award Management Maintenance OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-9 Estimate of Percentage of Recovered Material Content for

EPA-Designated Items

MAY 2008

52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.243-1 Changes--Fixed Price AUG 1987 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

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

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 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

CLAUSES INCORPORATED BY FULL TEXT

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(a) Definition. As used in this clause--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart

42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx to request CAGE changes.

(e) Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.

(f) If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

(End of Clause)

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in 4.2203(c), insert the following clause:

Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but https://cage.dla.mil/ http://www.nato.int/structur/AC/135/main/links/contacts.htm https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://cage.dla.mil/

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity…