B.08.02 Request for Proposal.pdf

Cold Regions Research and

Engineering Laboratory (CRREL)

Mobility Lab Building Upgrades

October 2022

U.S. Army Corps of Engineers

Engineer Research and Development Center

(ERDC)

SPECIFICATIONS FOR

CONSTRUCTION

W913E5-23-R-0001

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W913E5-23-R-0001

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER, NH 03755-1290

CRREL Mobility Laboratory Improvements Hanover, New Hampshire

RETURN WITH OFFER: INFORMATION REQUIRED BY SECTION 00 10 00 (SF1442), SECTION 00 22 00, AND SECTION 00 45 00.

THIS SOLICITATION IS RESTRICTED TO 100% SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES

ERDC CONTRACTING OFFICE

3909 HALLS FERRY ROAD

VICKSBURG, MS 39180-6199

W913E5

William Rawe EMAIL: William.T.Rawe@usace.army.mil

10/18/2022

11/17/2022

FAR 52.211-10

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Page 1 Section 00 10 01

CONTRACT LINE ITEM (CLIN) PRICING SCHEDULE

ITEM

NO.

DESCRIPTION QTY UNIT UNIT

PRICE

AMOUNT

BASIC ITEMS

0001 Entire work complete to fully insulate upper level walls.

Job

XXX

0002 Entire work complete to fully insulate lower level walls.

0003 Entire work complete to procure and install heating system excluding any electrical work identified in the options below.

0004 Entire work complete to procure and install garage doors and pedestrian doors.

TOTAL BASIC AMOUNT $_____________________________

OPTION ITEMS

[Option]

Entire work complete to fully insulate ceiling with spray polyurethane foam insulation in lieu of rolled plastic faced insulation.

[Option]

Entire work complete to fully insulate ceiling with rolled plastic faced insulation in lieu of polyurethane foam insulation.

[Option]

Entire work complete to upgrade all existing electrical components and electrical panels required to support the proposed heating system.

[ONLY PRICE THIS ITEM IF

NECESSARY TO SUPPORT THE

PROPOSED HEATING SYSTEM]

TOTAL AMOUNT (BASIC PLUS OPTIONS) $___________________________

OFFEROR'S NAME: ____________________________

NOTES:

1. See 00 21 00, INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS for evaluation of options.

The Government reserves the right to exercise any of the options within 20 calendar days after issuance of

Notice to Proceed.

2. Only one of the option CLINs 0005 or 0006 may be exercised. At no time will both options be exercised.

CLIN 0007 will be exercised if required to support the heating system.

Page 1 Section 00 10 01

3. Prices must be entered for all items of the schedule. Total amounts submitted without prices being entered on individual items will be rejected. In case of variation between the lump-sum prices and the total amount, the lump-sum prices will be considered the price submitted.

Section 00 21 00 Page 1

SECTION 00 21 00

INSTRUCTIONS TO OFFERORS (RFP)

1.1 DEFINITION OF "DESIGN-BUILD" PROCESS

The "Design-Build Process is the procurement of a facility utilizing a

Request for Proposal (RFP) to solicit for the design and construction of a facility by a single contractual entity. The contractual entity may be a "Design-Build" firm, or joint venture between an architect-engineer (A-E) and construction firm, or a construction management

(CM) firm joint venture with an A-E and a construction firm.

1.2 SOLICITATION RESTRICTIONS

1.3 ESTIMATED DESIGN AND CONSTRUCTION COST

The estimated design and construction cost of this project is between

$100,000 and $250,000.

1.4 SUBMISSION DEADLINE

Offer shall be submitted to William Rawe, Contract Specialist per the instructions in Section 00 22 00 PROPOSAL SUBMISSION REQUIREMENTS, EVALUATION CRITERIA AND BASIS OF AWARD no later than the time and date as specified in Section 00 10 00, Page 1. Coordinate directly with

Contract Specialist with any questions related acceptable format of file(s) to be submitted.

1.5 INSTRUCTIONS TO OFFEROR

1.5.1 DEFINITIONS

As used in this paragraph-

"Discussions" are negotiations that occur that may, at the Contracting

Officer's discretion, result in the offeror being allowed to revise its proposal.

"In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a

Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

Section 00 21 00 Page 2

1.5.2 AMENDMENTS TO SOLICITATIONS

If this solicitation is amended, all terms and conditions that are not amended remain unchanged. The Offeror shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

1.5.3 SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSAL

(1) An offerors proposal must be submitted electronically in accordance with section 00 22 00 and must adhere to the following.

(2) The first page of the proposal must show-

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers

(and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the

Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal.

(3) The Offeror is responsible for submitting its proposal, and any modifications or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

(4) Proposals may be withdrawn by written notice received at any time before award.

(5) Offeror shall submit its proposal in response to this solicitation in English.

(6) The Offeror may submit modifications to its proposal at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offeror may submit a revised proposal only if requested or allowed by the Contracting Officer.

Section 00 21 00 Page 3

(8) Proposals may be withdrawn at any time before award.

Withdrawals are effective upon receipt of notice by the

Contracting Officer.

1.5.4 OFFER EXPIRATION DATE

The proposal in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

1.5.5 CONTRACT AWARD

(1) The Government intends to award a contract for the entire contract, unless indicated otherwise.

(2) The Government may reject the proposals if such action is in the Government's interest.

(3) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

1.6 COPIES OF SOLICITATION DOCUMENT AND AMENDMENTS

Copies of the solicitation and amendments are available by INTERNET

ACCESS ONLY. It shall be the Contractor's responsibility to check email or other correspondence from the Contracting Specialist for any amendments. The offeror shall submit in the proposal all requested information specified in this solicitation. There will be no public opening of the proposals received as a result of this solicitation.

1.7 OFFEROR'S QUESTIONS AND COMMENTS

Technical inquiries and questions relating to technical requirements, proposal procedures or bonding information required are to be submitted via email to the POCs identified below No Later Than ten

(10) calendar days before due date of proposals, in order that they may be given consideration or actions taken prior to receipt of offers. All timely questions and approved answers will be made available through sam.gov.

Contract Specialist - Primary POC:

William Rawe, William.T.Rawe@usace.army.mil

Contracting Officer – Alternate POC

Christine Wilson, Christine.L.Wilson@usace.army.mil

Offers will NOT be publicly opened. Information concerning the status of the evaluation and/or award will NOT be available after receipt of proposals.

1.6 GENERAL DESCRIPTION OF WORK

mailto:William.T.Rawe@usace.army.mil mailto:Christine.L.Wilson@usace.army.mil

Section 00 21 00 Page 4

Scope of project includes all work required to install insulation, heating system, and walk/overhead doors. Work shall be in accordance with Request for Proposal documents issued with this solicitation.

1.7 FEDERAL, STATE AND LOCAL TAXES

It is the Contractor's responsibility to investigate applicable federal, state and local taxes and any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use, and excise taxes. See General Conditions (Contract Clause)

52.229-3 FEDERAL, STATE AND LOCAL TAXES.

Section 00 22 00 Page 1 of 7

SECTION 00 22 00

PROPOSAL INSTRUCTIONS, SUBMISSION

REQUIREMENTS AND EVALUATION

1.0 WHO MAY SUBMIT

Competition for this contract will be restricted to 100% Service-

Disabled Veteran-Owned Small Businesses. The North American Industry

Classification System (NAICS) code is 236220 (Commercial and

Institutional Building Construction), with a corresponding small business size standard of $39.5M.

2.0 GENERAL REQUIREMENTS

In order to effectively and equitably evaluate the submitted proposal, the Contracting Officer must receive information sufficiently detailed to clearly indicate compliance with the proposal submission requirements. The price proposal submitted in response to this request will be evaluated using one or more of the proposal analysis techniques identified in FAR 15.404-1(b). Contract award will be made to the proposal found to be the lowest aggregated proposed price in accordance with FAR 52.217-5 Evaluation of Options.

3.0 SUBMISSION DEADLINE

Proposals shall be received by the USACE Contracting Activity no later than the time and date specified in Block 13 of Standard Form 1442.

Proposals shall be submitted electronically to the Contract Specialist per the instructions below. The Contract Specialist is Bill Rawe, william.t.rawe@usace.army.mil.

4.0 PROPOSAL SUBMITTAL INSTRUCTIONS

Proposals shall be submitted by the time and date as specified. All submissions shall be in Adobe PDF format with Optical Character

Recognition (OCR) applied to all documents that will enable word searches to be conducted using Adobe-compatible PDF software. The two

(2) volumes listed below shall be submitted as “SEPARATE” single files. Due to heightened security at Government installations, the proposal shall be emailed to the following.

1. Bill Rawe, william.t.rawe@usace.army.mil

2. Christine Wilson, christine.l.wilson@usace.army.mil

For the purposes of determining whether the proposal was received

"late" in accordance with FAR 15.208, the date and time the file(s) are received by the USACE Outlook Server will be the time and date the

Government received the proposal. Do not assume that electronic communication is instantaneous. Please make allowances for delays in mailto:william.t.rawe@usace.army.mil mailto:william.t.rawe@usace.army.mil mailto:christine.l.wilson@usace.army.mil

Section 00 22 00 Page 2 of 7 transmittal.

Coordinate directly with the Contract Specialist for any questions related to submission requirements or format.

Volume I: Technical

Volume II: Price and Pro Forma Information

Title the single files in the following format:

W913E523R0001_Company Name_Volume_I_Technical

W913E523R0001_Company Name_Volume_II_Price_and_Pro_Forma_Information

(Note: Company name may be abbreviated)

5.0 SUBMITTAL REQUIREMENTS

8.5”x 11” page size; font no smaller than 10 size. The requirements specified in the solicitation are considered minimum requirements. A proposal that fails to comply with the minimum technical requirements will not be eligible for award.

SUBMITTAL REQUIREMENTS

Para. 5.1 – Technical (Volume 1)

Factor 1 – Specialized Experience

Factor 2 – Project Management Plan

Factor 3 – Past Performance

Para. 5.2 – Pricing (Volume 2)

a) Section 00 10 00, SF1442 Solicitation/Contract Form and Pricing

Schedule b) Bonding Information

IT IS IMPERATIVE THAT NONE OF THE PRICING OR VOLUME 2 INFORMATION

SHOW UP IN VOLUME 1.

5.1 TECHNICAL (VOLUME 1) SUBMISSION REQUIREMENTS

5.1.1 FACTOR 1: SPECIALIZED EXPERIENCE

Construction Projects. The Offeror shall submit three (3) projects performed by the Prime Construction Entity while in the same capacity as Prime Construction Entity (See Attachment 1). The proposed prime construction entities shall have performed in the same role as the prime or lead entities on the projects submitted. Limit one (1) page per project submitted. Any information presented beyond the page limit will not be evaluated.

Project Information. All projects submitted should demonstrate experience on similar projects (design/construction complexity and size) of similar or greater value. Submit projects that are currently well underway (designed and at least 50% construction progress completed) or completed and turned over no longer than ten (10) years

Section 00 22 00 Page 3 of 7 preceding the issue date of this solicitation. Offerors may identify state and local government and private contracts that are similar to the Government’s requirements set forth in the RFP. If the Offeror is a joint venture, each firm shall provide information, demonstrating experience relevant to their role on this project. If the Offeror has multiple functions or divisions, limit the project examples to those performed by the division or unit submitting the offer or by the team member. If projects were design-build, so identify them.

Project information shall CLEARLY include:

1. Type of Facility Represented

2. Name of Firm

3. Name of Project

4. Location of Project

5. Owner, including reference POC with confirmed contact information

6. General Scope of Construction Project

7. Summary of Your Role in the Project. Indicate that you were the prime construction entity for construction projects or the lead design entity for the design projects.

8. Construction Cost at completion

9. Percent (%) and Type of Work Subcontracted Out

10. Dates Construction Began and Completed

5.1.2 FACTOR 2: PROJECT MANAGEMENT PLAN

Submission Requirements:

Provide information that describes the offeror’s Project Management approach to executing the contract per the detailed requirements herein. Clearly and concisely describe the organizational and technical approaches to project management and execution, and proposed contract duration. Limit the information to fifteen (5) pages or less.

Technical Approach for Construction. Describe the technical approach to design and construction of the facility improvements. The

Government is looking for ways to streamline construction and manage labor and other resource constraints in an effort to reduce costs and achieve an aggressive schedule while Government operations continue in the facility while construction is ongoing.

Section 00 22 00 Page 4 of 7

Risk Assessment. Submit a list of risks specifically associated with this project. Identify the degree of risk, possible impact of the risk on project (schedule, cost, safety etc.), whether it’s within or outside the Offeror’s control, and a plan to mitigate the risk(s).

5.1.3 FACTOR 3: PAST PERFORMANCE

Submission Requirements:

The Past Performance Questionnaire (Attachment 2) is provided for the offeror or its team members to submit to the client. The Past

Performance Questionnaire should be completed by an owner or owner’s representative not affiliated with your firm. Ensure correct phone numbers and email addresses are provided for the client point of contact.).

Completed Past Performance Questionnaires should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ

(Attachment 2), which will provide contract and client Information for the respective project(s). Offerors 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 point of contact to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs previously submitted for other RFPs. However, this does not preclude the

Government from utilizing previously submitted PPQ information in the past performance evaluation.

Government Utilization of Alternate Information Sources for Past

Performance

The Government will assess the past performance on projects submitted under the Specialized Experience factor and reserves the right to conduct telephone interviews with points of contact identified in the proposal or to review personal knowledge. In addition, the Government may review any other sources of information for evaluating past performance of the Offeror on the submitted projects and any other previous work. Other sources may include, but are not limited to, past performance information retrieved through Contractor Performance

Assessment Reporting System (CPARS), using all CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror's proposal, inquiries of owner representative(s), Federal Awardee

Performance and Integrity Information System (FAPIIS), Electronic

Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

Section 00 22 00 Page 5 of 7

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 offeror.

5.2 TECHNICAL EVALUATION

Factor 1 – Specialized Experience. Projects submitted that demonstrates the offeror has the experience that meets or exceeds the scope and complexity of this project will be rated as acceptable. An offeror who does not submit any specialized experience will be rated as unacceptable.

Factor 2 – Project Management Plan. The project management plan for the project should clearly show how the Offeror plans to resource the project to ensure a well- coordinated project that will be completed within both schedule and quality performance requirements of the contract. The Government will evaluate Offeror’s proposal based on whether the Offeror has identified and evaluated the requirements of the project.

Acceptable evaluation ratings will be achieved for an approach which addresses all items requested in a clear, concise, and comprehensive manner, and that demonstrates an effective plan for the completion of this project.

Unacceptable evaluation ratings will be achieved for an approach which omits requested Information or provides incomplete information.

Factor 3 – Past Performance. Any past performance questionnaire that is submitted with a marginal rating will be rated as unacceptable. Any rating higher than marginal or if an offeror has no past performance will be rated as acceptable. A past performance questionnaire must still be submitted for each project identified in Factor 1, either by the offeror or the client.

Pricing data will not be part of the technical evaluation. Criteria for the technical evaluation as set forth in the solicitation will be the sole basis for determining the technical merit of proposals. Factor(s) listed above will be assigned a technical evaluation of “Acceptable” or “Unacceptable”.

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

The Government will evaluate the offeror’s understanding of the requirements of the construction as portrayed in your discussion of the construction intent for this project. Requirements to be

Section 00 22 00 Page 6 of 7 evaluated include, but are not limited to, the process proposed for the construction of this project. Submissions which demonstrate a complete, logical, and well-defined construction methodology, will be evaluated as Acceptable. Submissions that are incomplete, illogical, or lack a well-defined construction methodology will be evaluated as

Unacceptable. Omission of requested information will be evaluated as

Unacceptable.

5.3 PRICING (VOLUME 2) SUBMISSION REQUIREMENTS

The pricing proposal shall contain the following information:

5.3.1 Section 00 10 00, Solicitation/Contract Form and Pricing Schedule

Submit the properly filled out and executed SF 1442, along with the

CLIN Schedule, containing proposed line item and total pricing. See instructions in Section 00 21 00, “Instructions to Offerors”.

Submit the Proposal Data Sheet, Attachment 3.

Price will not be rated or scored, but will be evaluated for fairness and reasonableness through the use of a price analysis.

The price evaluators will also check for appearance of unbalanced line item prices. Offerors are cautioned to distribute direct costs, such as material, labor, equipment, subcontracts, etc. and to evenly distribute indirect costs, such as job overhead, home office overhead, bond, etc., to the appropriate contract line items.

5.3.2 Bonding Information:

Submit information showing Offeror's bondability in the amount of the proposal. Include the name, address and telephone number of the prime contractor's bonding agent.

5.3.3 EVALUATION FOR AWARD

Lowest Price Technically Acceptable (LPTA) will be the source selection method used for award. Uniformity of the proposal is essential to assure accurate evaluation. Proposal must comply with the instructions in the solicitation. The lowest priced proposal will be evaluated to determine technically acceptable contractor(s). If the lowest proposed offer is determined to be technically acceptable, the Government reserves the right to not evaluate the technical proposal(s) submitted by the other offeror(s). A proposal that fails to comply with any minimum technical requirements will not be eligible for award regardless that it may offer the lowest price.

Any Factor evaluated as “Unacceptable” in any TAB will render the complete technical portion of the offer as “Unacceptable”. No further evaluation will be made on the Offeror’s proposal, including price.

Section 00 22 00 Page 7 of 7

5.3.4 SELECTION AND AWARD WITHOUT EXCHANGES

The Government reserves the right to award a contract without discussions in accordance with (IAW) FAR 52.215-1. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a technical and cost/price standpoint. Offerors shall organize their proposals as described herein. Proposals may be determined non-compliant for failure to follow this format and may be rejected from further consideration.

Section 00 72 00 Page 1 of 47

SECTION 00 72 00

GENERAL CONDITIONS (CONTRACT CLAUSES - RFP)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions Jun 2020

52.203-3 Gratuities Apr 1984

52.203-5 Covenant Against Contingent Fees May 2014

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

May 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper

Activity

May 2014

52.203-12 Limitation on Payments to Influence Certain

Federal Transactions

Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower

Rights

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

Jan 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

May 2011

52.204-7 System for Award Management Oct 2018

52.204-9 Personal Identity Verification of Contractor

Personnel

Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

Jun 2020

52.204-13 System for Award Management Maintenance Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and

Certifications

Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities

Nov 2021

52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

Nov 2021

52.209-9 Updates of Publicly Available Information

Regarding Responsibility Matters

Oct 2018

52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Nov 2015

52.215-2 Audit and Records-Negotiation Jun 2020

52.215-12 Subcontractor Certified Cost or Pricing Data Jun 2020

Section 00 72 00 Page 2 of 47

52.215-13 Subcontractor Certified Cost or Pricing Data-

Modifications

Jun 2020

52.215-15 Pension Adjustments and Asset Reversions Oct 2010

52.215-18 Reversion or Adjustment of Plans for

Postretirement Benefits (PRB) Other Than Pensions

July 2005

52.215-19 Notification of Ownership Changes Oct 1997

52.219-8 Utilization of Small Business Concerns Oct 2018

52.219-14 Limitations on Subcontracting Sep 2021

52.219-27 Notice of Service-Disabled Veteran-Owned Small

Business Set-Aside

Sep 2021

52.219-28 Post-Award Small Business Program Rerepresentation Sep 2021

52.222-1 Notice to the Government of Labor Disputes Feb 1997

52.222-3 Convict Labor June 2003

52.222-4 Contract Work Hours and Safety Standards-Overtime

Compensation

May 2018

52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work

May 2014

52.222-6 Construction Wage Rate Requirements Aug 2018

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls and Basic Records Jul 2021

52.222-9 Apprentices and Trainees July 2005

52.222-10 Compliance with Copeland Act Requirements Feb 1988

52.222-11 Subcontracts (Labor Standards) May 2014

52.222-12 Contract Termination-Debarment May 2014

52.222-13 Compliance with Construction Wage Rate

Requirements and Related Regulations

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988

52.222-15 Certification of Eligibility May 2014

52.222-21 Prohibition of Segregated Facilities Apr 2015

52.222-23 Notice of Requirement for Affirmative Action to

Ensure Equal Employment Opportunity for

Construction

Feb 1999

52.222-26 Equal Opportunity Sept 2016

52.222-27 Affirmative Action Compliance Requirements for

Construction

Apr 2015

52.222-35 Equal Opportunity for Veterans Jun 2020

52.222-36 Equal Opportunity for Workers with Disabilities Jun 2020

52.222-37 Employment Reports on Veterans Jun 2020

52.222-40 Notification of Employee Rights Under the National

Labor Relations Act

Dec 2010

52.222-50 Combating Trafficking in Persons Nov 2021

52.222-54 Employment Eligibility Verification May 2022

52.222-55 Minimum Wages for Contractor Workers Under

Executive Order 14026

Jan 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022

Section 00 72 00 Page 3 of 47

52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

Sept 2013

52.223-3 Hazardous Material Identification and Material

Safety Data

Feb 2021

52.223-5 Pollution Prevention and Right-to-Know Information May 2011

52.223-6 Drug-Free Workplace May 2001

52.223-9 Estimate of Percentage of Recovered Material

Content for EPA-Designated Items

May 2008

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons

Jun 2016

52.223-17 Affirmative Procurement of EPA-designated Items in

Service and Construction Contracts

Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving

Jun 2020

52.225-9 Buy American-Construction Materials Nov 2021

52.225-10 Notice of Buy American Requirement—Construction

Materials

May 2014

52.225-13 Restrictions on certain foreign purchases Feb 2021

52.227-1 Authorization and Consent Jun 2020

52.227-2 Notice and Assistance Regarding Patent and

Copyright Infringement

Jun 2020

52.227-4 Patent Indemnity-Construction Contracts Dec 2007

52.228-2 Additional Bond Security Oct 1997

52.228-5 Insurance-Work on a Government Installation Jan 1997

52.228-11 Individual Surety—Pledge of Assets Feb 2021

52.228-12 Prospective Subcontractor Requests for Bonds May 2014

52.228-14 Irrevocable Letter of Credit Nov 2014

52.228-15 Performance and Payment Bonds-Construction Jun 2020

52.229-3 Federal, State, and Local Taxes Feb 2013

52.232-17 Interest May 2014

52.232-23 Assignment of Claims May 2014

52.232-33 Payment by Electronic Funds Transfer-System for

Award Management

Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

Nov 2021

52.233-3 Protest after Award Aug 1996

52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements

Apr 1984

52.236-10 Operations and Storage Areas Apr 1984

52.236-11 Use and Possession Prior to Completion Apr 1984

52.236-12 Cleaning Up Apr 1984

52.236-15 Schedules for Construction Contracts Apr 1984

Section 00 72 00 Page 4 of 47

52.236-17 Layout of Work Apr 1984

52.242-13 Bankruptcy Jul 1995

52.244-2 Subcontracts Jun 2020

52.244-6 Subcontracts for Commercial Products and

Commercial Services

Jan 2022

252.201-7000 Contracting Officer's Representative Dec 1991

252.203-7000 Requirements Relating to Compensation of Former

DoD Officials

Sep 2022

252.203-7001 Prohibition on Persons Convicted of Fraud or Other

Defense-Contract-Related Felonies

Dec 2008

252.203-7002 Requirement to Inform Employees of Whistleblower

Rights

Sep 2013

252.204-7000 Disclosure of Information Oct 2016

252.204-7003 Control of Government Personnel Work Product Apr 1992

252.204-7004 DoD Antiterrorism Awareness Training for

Contractors

Feb 2019

252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls

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

252.209-7004 Subcontracting with Firms that are Owned or

Controlled by the Government of a Country that is a State Sponsor of Terrorism

May 2019

252.222-7006 Restrictions on the Use of Mandatory Arbitration

Agreements

Dec 2010

252.223-7006 Prohibition on Storage, Treatment, and Disposal of

Toxic or Hazardous Materials--Basic

Sep 2014

252.223-7008 Prohibition of Hexavalent Chromium Jun 2013

252.225-7048 Export-Controlled Items Jun 2013

252.231-7000 Supplemental Cost Principles Dec 1991

252.232-7006 Wide Area WorkFlow Payment Instructions Dec 2018

252.232-7010 Levies on Contract Payments Dec 2006

252.236-7001 Contract Drawings and Specifications Aug 2000

252.243-7001 Pricing of Contract Modifications Dec 1991

252.247-7023 Transportation of Supplies by Sea--Basic 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

Section 00 72 00 Page 5 of 47 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 52.213-3, Offeror

Representations and Certifications-Commercial Products or 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., 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

Section 00 72 00 Page 6 of 47 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) Representation. 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 https://www.sam.gov/

Section 00 72 00 Page 7 of 47 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)

Section 00 72 00 Page 8 of 47

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies

Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the

Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States

Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of

Federal Regulations;

(2) Items included on the Commerce Control List set forth in

Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal

Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

Section 00 72 00 Page 9 of 47

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of

Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C.

4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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

Section 00 72 00 Page 10 of 47 system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the

Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the

Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.