B.08.02 Combined Synopsis-Solicitation_W912GB23Q0004.pdf

W912GB23Q0004

COMBINED SYNOPSIS/SOLICITATION

Replace Trash Compactor at Shredder Plant

Grafenwoehr, Germany

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR 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.

W912GB23Q0004 to Replace the Trash Compactor at Shredder Plant at Grafenwoehr, Germany is hereby issued as a Request for Quotation (RFQ).

The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2022-05.

This solicitation is unrestricted (full and open competition) under the NAICS Code of 333310 Commercial and Service Industry Machinery Manufacturing, and NAICS Code of 236220 Commercial and Institutional Building Construction. All prospective quoters must be registered in the System for Award Management (SAM) at www.sam.gov prior to submission of quotes to be eligible for award. Lack of SAM registration will make a quoter ineligible for award.

The Government request quotes for the following item(s) (See Statement of Work for more details):

Table 1 Price Schedule

CLIN No.

Description

Quantity

Unit

Amount (Euros)

0001 Replace Trash Compactor 1 Job

TOTAL

Supplies/ Services will be inspected/accepted at:

Table 2.

CLIN No. INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Provisions 52.212-1, Instructions to Offerors – Commercial Products and Services, 52.212-2, Evaluation -- Commercial Items, and 52.212- 4, Contract Terms and Conditions -- Commercial Items apply to this acquisition along with any listed addenda to the provisions.

52.236-27 SITE VISIT (CONSTRUCTION)

A site visit will be held on 30 August 2023 starting at 10:00 hours CEST. Contractors will meet at the “Central Recycling Center” in USAG Bavaria Grafenwohr.

Offerors or quoters are urged and expected to inspect the site where the work will be performed. Contractors who plan to attend the pre-proposal site visit shall notify the Program Manager, Brian Munoz, at brian.munozortega@usace.army.mil, no later than 29 August 2023 10:00 CEST and include the names of attending individuals.

Quoters with technical inquiries and any other questions shall submit their inquiries via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. The deadline for submitting technical inquiries is 7 September 2023. The project number is: W912GB23Q0004. The bidder inquiry key is: R4HHQD-6VJMF4

Quoters are requested to review this combined synopsis/solicitation in its entirety and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The Government reserves the right to decline addressing certain questions. Further, no questions, unless in the Government’s interest, will be answered any later than 7 calendar days prior to the stated deadline for quotes. All quoters are encouraged to register on ProjNet for alerts to stay abreast of Q&A’s that are posted in reference to this Solicitation. Only self-registered users on ProjNet can submit and review inquiries. To self-register, go to the webpage, click BID tab, select Bidder Inquiry, select agency USACE, enter the key for this Solicitation listed above, and your email address. After initial login, enter all the required information to create your user ID. Verify the information on the next screen and from there you may submit and view inquiries. Those submitting inquiries will receive a system generated email notification when their inquiry has been processed and answered. It is the quoter’s responsibility to monitor for inquiries and responses.

Quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items. For quoters with a current registration in the System for Award Management (SAM), complete paragraph (b) of the provision and submit with the response to the RFQ.

Quote Submissions: Quotes are due no later than 7 September 2023 at 13:00 hours Central European Summer Time (CEST). Quoters are responsible for verifying receipt of their quotes to this office before the quote due date and time.

Quotes shall be emailed to the Contract Specialist, Phillip Garrison, at phillip.garrison@usace.army.mil and the Contract Officer, Ryan Shoemaker, at ryan.s.shoemaker@usace.army.mil.

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) – ADDENDUM

Quotes shall include the following:

1. Company Name:

2. Address / Telephone No.:

3. NCAGE/Cage Code (or DUNS, both from SAM):

4. Point of Contact – Name, Phone, Email:

5. Quote – Enter the information on the Table 1 Price Schedule and excel file Attachment 1 – B52 DFAC Equipment List.

6. Evaluation submittals per 52.212-2 (below):

1. Technical Approach & Schedule submittal

2. Past Performance submittal

NOTE: A quote failing to provide all of the required elements of 5. and 6. above may not be considered, therefore, quoters are encouraged to read FAR 52.212-2 carefully to ensure its quote is complete prior to submitting.

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

(a) The Government will award a purchase order resulting from this solicitation to the responsible quoter, whose quote conforming to the solicitation, represents the best value to the Government, non-price and price factors considered.

Quotations will be evaluated using the following factors:

1. Technical Approach & Schedule – The quoter shall submit a technical approach describing the approach to be used to accomplish the project objectives as stated in the SOW to include both equipment procurement and installation, plan to obtain base access, and plan to coordinate with other contractors who may be present in the general vicinity of the work- site during installation. The technical approach should include a list of the proposed equipment to be used, to include make, model, size, and power requirements. The quoter shall submit an estimated schedule based on the requirements of the SOW with greater consideration to schedules that beat the requested period of performance, as well as the approach to meet these schedule requirements.

Evaluation Methodology:

Exceptional: The quoter will receive a rating of Exceptional for a quote that meets or exceeds the project objectives, and provides a schedule that is less than what is stated as the baseline in the SOW.

Acceptable: The quoter will receive a rating of Acceptable for a quote that clearly accomplishes the project objectives, with some necessary design changes, and provides a schedule that meets what is stated as the baseline in the SOW.

Unacceptable: The quoter will receive a rating of Unacceptable for a quote that does not clearly accomplish one or more project objectives, has significant design change requirements, and/or provides a schedule that does not meet what is stated as the baseline in the SOW.

2. Past Performance – The quoter shall provide at least one (1), but not more than three (3), references of relevant projects completed within the past 10 years. Experience consists of projects completed as a prime contractor or projects of qualified subcontractors that have the capabilities to perform this work. To be relevant, these projects need to be equal to or similar in scope of this requirement. For this solicitation, projects that are equal to or similar in scope are those that demonstrate procurement and installation of large industrial equipment, such as a trash compactor or HVAC unit. The contractor shall provide dates and pertinent information to demonstrate how they are comparable to this requirement in size and complexity. The contractor shall include points of contact, titles, telephone numbers, and email addresses (if available) for all references. A higher rating will be received for similar project experience completed in Germany and for similar project experience completed for the US Government.

If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, the quoter shall submit it with the quote.

If there is not a completed CPARS evaluation, the quoter shall submit a Past Performance Questionnaire (PPQ) for the project. Do not submit a PPQ when a completed CPARS is available.

o Quoters should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's points of contact, Phillip Garrison at phillip.garrison@usace.army.mil and Ryan Shoemaker at ryan.s.shoemaker@usace.army.mil prior to the quote due date. The quoters shall instruct the clients to refer to the solicitation number in the subject line.

o All successfully submitted PPQs will receive an email confirmation upon receipt. If the quoter does not receive the confirmation, it is the quoter’s responsibility to follow up to ensure the government has received the information.

Quoters shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other procurements. However, this does not preclude the Government from utilizing previously-submitted past performance information in the past performance evaluation.

Quoters may provide explanation on problems encountered on past projects and the corrective actions taken by the offeror.

In addition to the above, the Government may review other sources of information for evaluating past performance.

Other sources may include, but are not limited to, past performance information retrieved through CPARS, using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the quoter’s proposal, inquiries of owner representative(s), FAPIIS, telephone interviews with organizations familiar with the quoter’s performance, Government personnel with personal knowledge of the quoter’s performance capability, and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the quoter.

Evaluation Methodology:

Exceptional: The quoter will receive a rating of Exceptional for past performance that demonstrates successful completion of multiple similar purchases and installations on all references, additional information retrieved from CPARS, and additional information received by the Contracting Officer, that is favorable.

Acceptable: The quoter will receive a rating of Acceptable for past performance that has at least one reference that demonstrates successful completion of similar purchases and installations, additional information retrieved from CPARS, and additional information retrieved from CPARS, and additional information received by the Contracting Officer, that is favorable.

Unacceptable: The quoter will receive a rating of Unacceptable for past performance that does not demonstrate at least one (1) successfully completed similar purchases and installations on the references submitted, and the additional information from CPARS, and additional information received by the Contracting Officer is either not relevant or is not favorable.

4. Price – The quote shall be inclusive of all costs to perform the work specified in the SOW. The quote shall be submitted using the Table 1 Price Schedule. The Government will evaluate quotes for award purposes by adding the total price for all CLINs. Failure to submit a price and failure to complete all CLINs may result in the quote being rejected by the Government after initial evaluation without further consideration.

After a preliminary consideration of all quotations, the Government will identify from all quotations one that is the most advantageous to the Government, all non-price and price factors considered. All quotations will be evaluated based on the evaluation factors described above.

STATEMENT OF WORK

ISB-23-0337

Replace Trash Compactor at Shredder Plant

Grafenwoehr, Germany

Prepared by:

Installation Support Branch

22 August 2023

US Army Corps of Engineers Europe District

PROJECT INFORMATION

Contract: Purchase Request (PO) Project Title: Repair Trash Compactor at Shredder Plant

Location: Grafenwoehr USAG Bavaria

US ARMY CORPS OF ENGINEERS

Brian Munoz DSN: 314-570-2523 Project Manager Tel: 0611-9744-2523 E-mail: Brian.munozortega@usace.army.mil

Edwin Vasquez DSN: 314-570-2024 Resident Engineer Tel: 0611-9744-2024 E-mail: edwin.j.vasquez@usace.army.mil

Wes Clark DSN: 314-570-2015 Project Engineer Tel: 0611-9744-2015 E-mail: weslyn.e.clark2@usace.army.mil

PRELIMINARY UNDERSTANDING

“Scope of Work” shall be accomplished in its entirety for the negotiated price. The Contractor’s Proposal must include everything in the “Scope of Work” upon submission to the Government. The Contractor must be prepared to do the specified work for the negotiated amount. The Contractor shall be responsible for ensuring that all work is accomplished in compliance with the proper building codes and regulations and in accordance with applicable clauses from the base contract.

Modification: Modifications will only be issued in compliance with the contract clauses.

Contract Directives: Only the COR can direct the Contractor, while staying within the Scope of Work signed by the Contracting Officer or the Ordering Officer.

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

The Contractor acknowledges that it has taken reasonable steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost.

Any failure of the Contractor to take the action described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and the cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the governmental agency involved.

The Contractor shall be aware of access procedures installation access requirements. The Contractor will be responsible for obtaining all required installation access at no additional cost to the Government.

PRECONSTRUCTION ACTIVITITES

The Contractor shall submit his Accident Prevention Plan (APP) and Quality Control Plan fifteen (15) days after award.

At the earliest practicable time, prior to commencement of the work, the Contractor, and any Sub-Contractors whose presence is necessary or requested, shall meet in conference with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to the details of the administration and execution of this Task Order.

Preconstruction conference discussion will include but not necessarily be limited to the Contractor's Quality Control (CQC) Program, the Contractor’s Accident Prevention Program, submittals, correspondence, schedule, access to the work site, security requirements, interface requirements, temporary facilities and services, hazards and risks, working after normal hours or on weekends or holidays, assignment of inspectors, representations, special requirements, phasing, and other aspects of this project that warrant clarification and understanding.

Notice will be provided two weeks in advance by DPW prior to construction start.

Special Considerations for Access – During the preconstruction meeting the contractor in conjunction with the DPW and COR develop a suitable plan for access to the site because the current access is limited.

SYNOPSIS

The work consists of replacing existing trash compactor at shredder plant in Grafenwoehr.

In carrying out the work assignment issued under the contract, the Contractor shall furnish the personnel, services, equipment, materials, facilities, and other requirements necessary for, or incidental to, the performance of work set forth herein.

The contractor shall execute the necessary work to replace the defective trash compactor. The Contractor shall deliver and install fully functional trash compactor as described in this document. The work includes but is not limited to delivery and installation of the unit.

The intent of this project is to replace existing trash compactor with in kind unit.

PERIOD OF PERFORMANCE

The period of performance for this project is 365 calendar days from award.

The contractor shall submit a schedule within 15 days from award.

PROJECT REQUIREMENTS

General Description of Work

The requested services consist of furnishing all labor, equipment, material supplies, fees, permits, and incidental work required for the delivery, installation, and construction that serves the project as well as supervision by the Contractor unless otherwise specified herein. The work performance includes all incidental work, which is not especially mentioned herein, but necessary or customary for the satisfactory completion of the services required.

Standard Specifications

All work shall be performed as specified herein, per the scope requirements, and the Specifications and Standard Specification Sections. The standard NAU specification will be attached as part of this project.

In addition, Contractor shall comply with all installation and host nation regulations. All work shall be done to relevant US and German standards where applicable. Where standards differ, Contractor shall apply the most stringent.

Prior to Construction

Prior to commencing construction, a project schedule, a quality control plan, and accident prevention plan shall be submitted to the COR or designated Project Engineer for review and approval.

The Contractor shall obtain and provide all necessary permits and authorizations prior to commencing work.

Delays associated with the issuance of permits/authorizations will not be a cause for an extension to the performance period. The Contractor shall be responsible for obtaining additional permits as necessary.

Prior notice of at least 14 days shall be given to the COR, showing permits were obtained prior to commencing work on the following task site clearance, demolition, work involving contaminated material, work involving utilities.

A sampling of the materials to be installed must be performed with the designated Project Engineer

Safety

The Contractor shall comply with all applicable Host Nation laws and the EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirement Manual.

Demolition, Removal and Waste Management

The Contractor shall stake-out the limits of disturbance before commencing work. Demolition and removal work includes but is not limited to: rubbish, and miscellaneous debris. All debris generated during demolition shall be removed from the project sites and properly disposed of by the Contractor in accordance with Host Nation requirements.

The uncontaminated demolition material shall be disposed at official disposal sites. The Contractor shall be responsible for meeting the requirements of the disposal site authorities regarding the material delivered and fees.

Special waste and hazardous materials shall be disposed against receipt in accordance with Host Nation standards. All records of proper waste management will be handed over to the Contracting Officer’s Representative (COR) or designated Project Engineer. The record of proper waste management will reflect the kind of waste, the amount, and the disposal/recycling facility. The Contractor shall provide the corresponding COR documentation certifying the material has been properly disposed. The format of required disposal documentation will be an item discussed at the Preconstruction Conference.

Cleaning up

Clean and remove all light-weight scrap likely to be carried by the wind including any items at the site brought by Contractor's employees. The Contractor shall remove all debris from all spaces being used by the activity at the end of each shift or more frequently if required to keep the space useable. All affected rooms shall be protected (e.g. plastic foil) during construction when applicable.

Completion

Warranty Management Plan and O&M Data: The Contractor shall provide a warranty management plans and O&M data in accordance with NAU standard specifications for O&M and warranty.

Upon completion of work all affected shall areas be cleaned. Existing work damaged or otherwise affected by the Contractor's operations shall be restored to a condition as good as existed before the work commenced. All unpaved areas that are disturbed during construction shall be top-soiled and seeded. Grass seed used shall be spread at the rate recommended by the grass seed supplier. Seed mixtures shall be delivered with certification indicating they are satisfactorily for the location and climatic conditions. Furthermore, any damage to structures, drainage, utilities, or other existing features on site as a result of Contractor operations shall be repaired or the damaged item replaced, at the Contractor’s expense. All debris resulting from demolition and removal operations shall be removed by the Contractor from the limits of the Government reservation at such times during the progress of the work.

On completion of the project an as-built documentation shall be delivered in English and German, two sets each. A complete documentation consists of maps in the appropriate scales, manuals, maintenance documents, reports and narrative text, both as hardcopies and as electronic files.

Detailed Description of work:

Overview

Existing trash compactor is no longer functional. It needs to be replaced with a new in-kind unit. Purchase and installation will be via a purchase request.

New Work:

Purchase of trash compactor. New unit must match existing salient characteristics. Submittal must be provided for review before ordering unit.

Installation of trash compactor must coordinate installation times and dates with customer.

Installation of all ancillary electrical work.

New unit must have the option for an emergency encapsulation switch in the event of a fire.

New unit must be tested after installation is complete.

Salient Characteristics:

Drive Power should be minimum 18,5 kW.

Feed opening volume minimum 1.480 x 1.405 mm.

Per stroke minimum of 1,3 m^3.

Volume per hour minimum of 150,0 m^3.

Press force must be minimum of 320 kN/32,0 to.

Press stamp height minimum of 600 mm.

Press stamp width minimum of 1.405 mm.

Time per stroke minimum of 30,0 s.

Operating voltage of 400 V.

Operating frequency of 50 Hz.

Contract minimum requirements:

1. Experience working with Government contracts.

2. Experience doing work in Grafenwoehr.

3. Experience with Trash Compacting Plants.

4. Must have Military Base access.

1.3 SUBMITTALS

1. Trash Compactor submittal

2. Electrical items

3. Drawings

Anti-terrorism (AT) and operational security (OPSEC) General Security Requirements

AT Level I Training. All Contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Upon request, the Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

http://jko.jten.mil/courses/atl1/launch.html; or it can be provided by the RA ATO in presentation form which will be documented via memorandum.

Access and General Protection/Security Policy and Procedures. All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks or background investigation and 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.

For Contractors who do not require CAC, but require access to a DOD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

Suspicious Activity Reporting Training (iWATCH/iSALUTE). The Contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program.

This locally developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

OPSEC Level I Training. All new Contractor employees shall complete Level I OPSEC Training within 30 calendar days of their reporting for duty. Additionally, all Contractor employees must complete annual OPSEC awareness training. The Contractor shall submit certificates of completion for each affected Contractor and subcontractor employee, to the COR or to the contracting officer (if a COR is not assigned), within 5 calendar days after completion of training. OPSEC awareness training is available at the following websites:

https://www.iad.gov/ioss/ or http://www.cdse.edu/catalog/operations-security.html; or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum."

Enclosure: Work Location

**END SCHEDULE**

CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-22 Alternative Line Item Proposal (Jan 2017) FAR 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment. (Oct 2020) FAR 52.212-1 Instructions to Offerors- Commercial Products and Commercial

Services (Nov 2021) FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial

Services (Nov 2021) FAR 52.228-3 Worker's Compensation Insurance (Defense Base Act) (Jul 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) DFARS 252.201-7000 Contracting Officer’s Representative (Dec 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP

2011) (Section 847 of Pub. L. 110-181).

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7004 Level I Antiterrorism Awareness Training for Contractors (Feb 2019) DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (May 2016) DFARS 252.222-7002 Compliance With Local Labor Laws (Overseas) (JUN 1997) DFARS 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

(SEP 2014)

DFARS 252.223-7008 Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7041 Correspondence in English (JUN 1997) DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States JUN 2015 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7008 Assignment of Claims (Overseas) (JUN 1997) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.244-7000 Subcontracts for Commercial Items (JUN 2013)

DFARS 252.247-7023 Transportation of Supplies by Sea (FEB 2019)

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL PRODUCTS

AND COMMERICAL SERVICES (NOV 2021)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"—

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 veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

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

Small business concern—

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

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

CFR 121.103.

Small disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 least51 percent of the stock of which is owned by one or more women; and

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

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

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

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

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small…