B.01 - Combined Synopsis Solicitation W9127N23Q0030 - Laboratory Analysis Services for NPDES.pdf

COMBINED SYNOPSIS/SOLICITATION

W9127N23Q0033

LABORATORY ANALYSIS FOR NPDES SUPPLEMENTRY DATA

U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT

1 MARCH 2023

This is a combined synopsis/solicitation for commercial supplies prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: quotes are being requested and a written solicitation will not be issued.

Solicitation W9127N23Q0033 is for Laboratory Analysis Services for NPDES Supplementary Data for USACE

Portland District. The following solicitation is issued as a Request for Quote (RFQ), and the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02.

This solicitation is advertised as a Total Small Business set-aside under NAICS Code 541380 Testing Laboratories and Services. All prospective offerors must be registered in the System for Award Management (SAM) at www.sam.gov to be eligible for award. Lack of active SAM registration will make an offeror ineligible for award.

Please ensure you complete the separately attached CLIN Schedule with your Quote.

Quotes must be emailed to nicholas.e.weaver@usace.army.mil on or before 14 March 2023 at 2:00 PM

(Pacific). Hand delivered, faxed, or mailed quotes will not be accepted.

Please see the requirement documents on the following pages mailto:nicholas.e.weaver@usace.army.mil

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK

STATEMENT

Laboratory Analysis for NPDES Supplemental Data

Willamette Valley and Rogue River Projects

1.0 GENERAL STATEMENT:

The U.S. Army Corps of Engineers (USACE), Willamette Valley is soliciting services to provide laboratory analysis of water quality samples. The purpose of this service is to satisfy a request from the Oregon Department of Environmental Quality (ODEQ) to provide supplemental data for a pending permit issuance.

In 2015, USACE submitted an NPDES permit renewal application to the ODEQ. Upon review of the permit renewal application, ODEQ determined that supplemental data is necessary to proceed with issuing a permit. This Performance Work Statement (PWS) identifies the analysis required to satisfy the data request. The analysis will be conducted for the following locations, Detroit Dam, Hills Creek Dam, Lookout Point Dam, and Lost Creek Dam.

This is a firm-fixed price base plus one option year contract for laboratory analysis of water quality samples for USACE.

2.0 DEFINITIONS:

Throughout this PWS terms are defined as follows:

Acceptable Quality Level (AQL): Acceptable Quality Level equals the performance standards listed in Section 6.0. The Contractor must re-perform all unsatisfactory work unless excused by the COR.

Contracting Officer (KO): The Government employee who is authorized to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officers Representative (COR): An individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Contract Discrepancy Report (CDR): A written record of unsatisfactory performance by the Contractor as observed by the COR.

3.0 THE GOVERNMENT WILL FURNISH:

The Government shall furnish, without cost to the Contractor, the following items to be used only in connection with the performance of the work:

Water samples will be collected by the Government and delivered to the Contractor.

4.0 THE CONTRACTOR SHALL FURNISH:

The Contractor shall provide all personnel, equipment, supervision, and other items and services necessary to perform water quality analysis as defined in this PWS.

The Contractor shall supply by mail all materials necessary for the safe and method appropriate handling, collection, preservation of water samples.

The Contractor shall supply sample containers suitable for the sample matrix and analytical method.

The Contractor shall supply shipping labels for the testing materials to be shipped to the lab via one-day ground.

The Contractor shall supply the Government with sampling instructions, container labels, chain of custody forms, and packaging instructions.

The Contractor shall immediately notify the Government’s Contracting Officer’s Representative (COR) if there are concerns with the samples that require resampling on the part of the Government.

The Contractor shall supply analysis results electronically via email to the Government COR.

5.0 PERFORMANCE STANDARDS AND REQUIREMENTS.

This portion provides a task-breakdown of the required sample analysis.

5.1 Task 1 – Provide laboratory analysis of water quality samples for Copper Biotic Ligand

Model and Aluminum Parameter monitoring for two sampling locations (upstream and effluent) for Hills Creek and Lookout Point Dams. This task will start in April 2023 and continue monthly for a total of twelve (12) months. The Contractor will perform the following analysis:

Quantity Parameter CAS Units Location

24 Copper, Total and Dissolved 7440097 µg/L Upstream 24 Copper, Total and Dissolved 7440097 µg/L Effluent 24 Aluminum, Total 7429905 µg/L Upstream 24 Aluminum, Total 7429905 µg/L Effluent 24 Hardness (as CaCO3) --- mg/L Upstream 24 Hardness (as CaCO3) --- mg/L Effluent 24 Dissolved Organic Carbon --- mg/L Upstream 24 Dissolved Organic Carbon --- mg/L Effluent 24 Calcium, dissolved 7440702 mg/L Upstream 24 Calcium, dissolved 7440702 mg/L Effluent 24 Magnesium, dissolved 7439954 mg/L Upstream 24 Magnesium, dissolved 7439954 mg/L Effluent 24 Sodium, dissolved 7440235 mg/L Upstream 24 Sodium, dissolved 7440235 mg/L Effluent 24 Potassium, dissolved 7440097 mg/L Upstream 24 Potassium, dissolved 7440097 mg/L Effluent 24 Sulfate, dissolved 1480878 mg/L Upstream 24 Sulfate, dissolved 1480878 mg/L Effluent 24 Chloride, dissolved 1688706 mg/L Upstream 24 Chloride, dissolved 1688706 mg/L Effluent

Task 2 – Provide laboratory analysis of water quality samples for Toxic Pollutant monitoring for two sampling locations (effluent) for Hills Creek Dam and Lookout Point. Detroit Dam, Lost Creek Dam, Foster Dam, Dexter Dam, and Cougar Dam will be included with Lookout Point and Hills Creek to be tested but will have Polychlorinated Biphenyls tested only. This task will start in April 2023 and continue monthly for a total of ten (10) months. The Contractor will perform the following analysis:

Quantity Parameter CAS Units Location

20 Lead (total) 7439921 ug/L Effluent

20 Lead (dissolved) 7439921 ug/L Effluent

20 Zinc (total) 7440666 ug/L Effluent

20 Zinc (dissolved) 7440666 ug/L Effluent

20 Hardness (Total as CaCO3) --- ug/L Effluent

70 Polychlorinated Biphenyls ug/L Effluent

Task 3 – Provide analysis results to the Government COR electronically via email.

5.2 Schedule:

The period of performance for this contract is twelve (12) months from the award of the contract.

Task Deliverable Description Due Date Delivery Method

1 Copper Biotic Analysis

Contractor conducts sample analysis

Award + each month for 24 months

In Lab

2 Toxics Analysis Contractor conducts sample analysis

Award + each month for 10 months

In Lab

3 Analysis Reports Contractor provides analysis results

Award + each month for 24 months

Electronic

6.0 PERFORMANCE REQUIREMENTS SUMMARY.

6.1 To ensure that the Government receives the services for which it contracted, the Government will only pay for services received. The Performance Requirements Summary (PRS) determines if the Contractor meets the performance standards of the contract, as well as provides guidelines for how and when surveillance will be performed. It ensures timeliness, effectiveness and that the Contractor is delivering the results specified in the contract.

Government contract quality assurance will be performed per the PRS surveillance schedule.

6.2 Performance Requirements Summary Table. These are the criteria against which the performance will be evaluated. Work shall be considered not to have been performed when any one of the following conditions exists in accordance with the Quality Assurance Surveillance Plan (QASP).

PERFORMANCE REQUIREMENTS SUMMARY

Required Performance Standards Acceptable Surveillance Validated

Services Quality Levels Complaints Tasks Compliance with requirements to include accuracy and quality.

Zero deviation from PWS.

100% Inspection 1 per contract

5.2 Schedule Adherence to the schedule and

timeliness of results Clear and timely communication with Government COR

Zero deviation from PWS

100% Inspection 1 per contract

5.3 Surveillance. 100% inspections by the COR will serve as the surveillance methods. If the

COR discovers deficiencies and/or receives complaints, the COR will alert them to the contractor for correction.

5.4 Quality Control. The Contractor, not the government, is responsible for quality control actions necessary to meet the quality standards set forth by the contract. The contractor shall develop and submit a Quality Control Plan (QCP) for Government approval within ten (10) calendar days after award. Once accepted, the QCP will be incorporated into the QASP. The QASP is not a contractual instrument and may be changed at the COR’s discretion. The contractor shall use the QASP to guide and document the implementation of the required management and quality control actions to achieve the specified results. The Government reserves the right under the Contract Terms and Conditions--Commercial Items (FAR 52.212-

4) to inspect and test the services called for by the Task Order, to the extent practicable at all times and places during the term of the Task Order. The Government will reject non-conforming services.

5.5 Unacceptable Performance. When performance is determined unacceptable, as defined in the Performance Requirements Summary, the COR will inform the contractor that performance is unacceptable and provide written documentation by use of the Form DD 2772, Contract Discrepancy Report. By initialing and dating the form, the contractor is only acknowledging notification of unacceptable performance. Disputes in surveillance should be referred to the Contracting Officer.

The COR will notify the Contracting Officer of unacceptable performance. If any of the services do not conform to contract requirements, the Government may require the contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.

When the defect(s) in services cannot be corrected by re-performance, the Government may:

5.5.1 Require the Contractor to take necessary action to ensure future performance conforms to contract requirements.

5.5.2 Reduce the contract price to reflect the reduced value of the services performed.

5.5.3 If the Contractor fails to promptly re-perform the services, or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

5.5.3.1 By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service;

5.5.3.2 Issue Cure Notice;

5.5.3.3 Terminate the contract for Government convenience; and / or

5.5.3.4 Terminate the contract for Cause.

5.6 Correction of Non-Performance of Work. Contractor shall employ an adequate quantity of personnel to ensure that any services found to be not in compliance and therefore not acceptable, shall be made acceptable by the performance or re-performance of the work, where such re-performance is possible, during the first business day after non-compliance has been observed by or reported to and verified by the COR.

7.0 GENERAL.

7.1 Security.

a. Access and General Protection/Security Policy and Procedures. All Contractor and all associated sub-contractor employees shall comply with applicable installation, facility, and area commander installation/facility access and local security policies and procedures (to be provided by a Government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. Pre-screen candidates using E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Contractor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than three (3) business days after contract award.

7.2 Contract Changes. Changes in scope, time, or deliverables can only be authorized by the

Contracting Officer. The contractor shall notify the Contracting Officer immediately if they have received direction to perform work outside the scope of the contract. Changes in scope will be negotiated and a written modification issued, before proceeding with the work.

7.3 Points of Contact.

Contracting Officer: Carl R. Schmurr, (503) 703-6203, carl.r.schmurr@usace.army.mil Contracting Officer’s Representative: Quenton Chocktoot, (541) 521-0275, quenton.p.chocktoot@usace.army.mil Contract Specialist: Darrell Hutchens, darrell.d.hutchens@usace.army.mil

Technical POC: Jason Owens, (541) 841-8966, Jason.l.owens@usace.army.mil

7.4 Invoice Submittals. Invoice(s) shall be prepared in accordance with FAR clause 52.212-4(g) and submitted electronically via email to:

Submit an Electronic PDF Invoice to the USACE Finance Center via email address:

CEFC-G2invoices@usace.army.mil

Electronic Copy to:

Contracting Officer’s Representative: Quenton Chocktoot, (541) 521-0275, quenton.p.chocktoot@usace.army.mil

Technical POC: Jason Owens, (541) 841-8966 jason.l.owens@usace.army.mil

For Invoice receipt verification or for a vendor's Payment problem, the vendor may contact the USACE Finance Center at Phone Number (901) 873-9077.

7.5 Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA).

Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O'Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract. A copy of the poster is available in two versions at the following DOL website:

http://www.dol.gov/whd/regs/compliance/posters/sca.htm. The rest of the content is subjective to each locations needs.

7.6 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts. USACE contractors and sub-contractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE Contractors in their outreach efforts:

Federal Veteran employment information at http://www.fedshirevets.gov/index.aspx Department of Labor Veterans Employment Assistance at http://www.dol.gov/vets/ Department of Veterans Affairs-VOW to Hire Heroes Act at http://benefits.va.gov/vow Army Wounded Warrior Program at http://wtc.army.mil/modules/employers/index.html U.S. Chamber of Commerce Foundation – Hiring Our Heroes:

http://www.hiringourheroes.org/ Guide to Hiring Veterans:

www.whitehouse.gov/sites/default/files/docs/white_house_business_council_- _guide_to_hiring_veterans_0.pdf

7.7 Work Scheduling. The Contractor is not required to perform services on the following recognized Federal holidays: New Year’s Day, Labor Day, Martin Luther King Day, Columbus Day, President’s Day, Thanksgiving Day, Independence Day, Christmas Day, Memorial Day, and Veteran’s Day..

8.0 FORMS.

Contractor Discrepancy Form:

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2772.pdf

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

CLAUSES INCORPORATED BY REFERENCE

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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons NOV 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 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 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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

DEC 2019

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

MAY 2021

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

JAN 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

252.204-7022 Expediting Contract Closeout MAY 2021 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

MAY 2022

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7015 Performance-Based Payments--Representation DEC 2022 252.232-7016 Notice of Progress Payments or Performance-Based Payments APR 2020 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items DEC 2022 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS (JUL 2021) – ADDENDUM

Proposals shall include the following:

1. Name / Date: __________________________________________________________________

2. Address / Telephone No.: ________________________________________________________

3. Cage Code and Unique Entity ID (UEI) , both from SAM: ____________________________________________

4. Quote – Enter pricing information on the schedule provided on Page 1, to include shipping/freight costs.

Quotes shall include a completed Standard Commercial Warranty, Completed Representations & Certifications, and detailed equipment specification sheets.

Submissions: Quotes are due no later than, 14 March 2023, at 2:00 PM (Pacific). Offerors are responsible for verifying receipt of their quotes to this office before the offer due date and time. Facsimile (Fax) responses are not accepted. If you have any questions or concerns, you may contact Jessica Manley by email at Jessica.Manley@usace.army.mil.

Quotes must be emailed to:

Jessica.Manley@usace.army.mil

Upon award and satisfactory completion of delivery and installation, payment will be made through:

USACE, Finance Center Attn: CEFC-AO-P 5722 Integrity Drive Millington, TN 38054-5005 cefc-g2invoices@usace.army.mil

With an electronic copy submitted to a POC to be specified at the time of award.

ADDITIONAL INFORMATION FOR YOUR USE:

System for Award Management (SAM) IMPORTANT!

______ Registration is required in the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov.

Registration is necessary in order for the Government (Corps of Engineers) to award a contract and do business with a contractor.

**SAM NOTARIZED LETTER PROCEDURES: An original, signed, and notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number is now required before a NEW SAM.gov entity registration is activated or an EXISTING entity is updated or renewed. The notarized letters MUST BE POSTAL SERVICE MAILED (not emailed or faxed) to the "FEDERAL SERVICE DESK" and must contain the information outlined in the "instructions for domestic entities" or "instructions for international entities" located at https://www.gsa.gov/about-us/organization/federal-acquisitionservice/ office-of-systems-management/integrated-award-environment-iae/sam-update. Templates for appointing an Entity Administrator are included within the respective instructions.**

52.212-2 EVALUATION – COMMERICAL ITEMS (OCT 2014)

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

The following factors shall be used to evaluate offers:

1. Technical Acceptability – Evaluation of the technical acceptability of a quote will be based upon conformance with the Statement of Work and the Instructions to Offerors. This factor will be Pass or Fail, with a conforming quote receiving a Pass and a non-conforming quote receiving a Fail rating.

2. Past Performance - Past Performance will be evaluated based on one or more of the following in accordance with FAR 13.106-2(a): the contracting officer’s knowledge of and previous experience with the service being acquired; customer surveys, and past performance questionnaire replies; or the Contractor Performance Assessment Reporting System (CPARS).

3. Price – Quoted price will be evaluated for reasonableness and conformity with the solicitation.

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

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

COMMERCIAL SERVICES (DEC 2022)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

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

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

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

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

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

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

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

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

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent…