B.08.02 W9123722Q0037.pdf

SEE ADDENDUM

(No Collect Calls)

W9123722Q0037 14-Apr-2022

b. TELEPHONE NUMBER

304.399.5183

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 28 Apr 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912379. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DANIELLE L MULLINS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USACE, CONTRACTING DIVISION

DANIELLE MULLINS, 502 8TH STREET

HUNTINGTON WV 25701

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 9655BQ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

ALUM CREEK LAKE

SYLVIA CHELF

5905 LEWIS CENTER ROAD

LEWIS CENTER OH 43035-9215

TEL: 740-548-6151 FAX:

304-399-5281FAX:

TEL: 304-399-5348 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

500 employees

NAICS:

332322

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9123722Q0037

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

The Government intends to award one firm-fixed price commercial supply contract.

The award will be based on low-price. Prospective offerors must complete the information below.

Estimated Delivery Time: __________________________________

Unique Entity Identifier (formerly DUNS): ___________________________

TAX ID: ________________________

IMPORTANT NOTICE: Effective September 26, 2018 and in accordance with FAR Clause 52.204-7, “an Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.” Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting an offer.

Please direct all questions to Danielle Mullins at (304) 399-5348 or Danielle.L.Mullins@usace.army.mil. THE

SOLICITATION AND RESULTING CONTRACT SHALL BE THE GOVERNING DOCUMENT IN ALL

CASES.

QUOTES MUST BE E-MAILED TO Danielle Mullins at (304) 399-5348 or Danielle.L.Mullins@usace.army.mil.

Mailed offers will not be accepted. Faxed offers cannot be accepted at this time due to COVID-19.

CONTRACTOR FEEDBACK. Help us in BUILDING STRONG. Please provide us with your feedback, comments and recommendations for improvement by visiting our Interactive Customer Evaluation (ICE) Website at:

https://ice.disa.mil/index.cfm?fa=SiteSuggestions&site_id=856&dep=*DoD&suggestion_type=1

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Guardrail for Alum Creek Lake

FFP

Contractor shall supply and deliver approximately nine hundred (900) feet of rail panel sections, four (4) side end fence panels w/brackets (anti-climb bank security fence panels w/brackets; all matching the guardrail extension design and color, with minimum dimensions of 3 foot wide by 6 foot high and no gaps wider than 4 inches between the panel and guardrail/extension) aluminum rail mounts, and all other necessary hardware for the installation of new pedestrian guard rails as described in the statement of work. Deliver to Alum Creek Lake, 5905 Lewis Center Rd., Lewis Center, OH 43035-9215.

FOB: Destination

PSC CD: 5670

NET AMT

STATEMENT OF WORK

STATEMENT OF WORK

Pedestrian Guard Rail for

Alum Creek Lake

1. General: The Contractor shall supply and deliver approximately nine hundred (900) feet of rail panel sections, four (4) side end fence panels w/brackets (anti-climb bank security fence panels w/brackets; all matching the guardrail extension design and color, with minimum dimensions of 3 foot wide by 6 foot high and no gaps wider than 4 inches between the panel and guardrail/extension) aluminum rail mounts, and all other necessary hardware for the installation of new pedestrian guard rails as described herein at Alum Creek Lake, 5905 Lewis Center Rd., Lewis Center, OH 43035-9215.

The rail panel sections shall be long enough for the mounts to be compatible with existing mounts, and the appropriate number of sections shall be provided (approx. 125 sections), in addition to all required mounting hardware and equipment for all sections. The Contractor shall be responsible for ensuring the sections are the correct length and provided in the correct quantities. Upon award, the Contractor is required to make site visits to confirm the length of sections required to be fully compatible with the existing equipment.

Drawings are included for Reference Only.

2. Installation: The Government will be responsible for all installation labor once the items herein have been delivered and accepted.

3. Material: All material shall conform to ASTM standards. The guard rail sections shall be made from a fiberglass reinforced polymer. The mounting brackets shall be made from aluminum.

All hardware material shall also conform to ASTM standards for guardrails.

All material shall be inspected by the Government and is subject to approval prior to acceptance.

4. Existing equipment: New guardrail mounts shall replace the top rail of the existing tubular style guardrail and be able to be mounted directly to the existing guardrail supports without modification to the surrounding concrete. It is acceptable for the guardrail mounts to replace the top tube rail and bolt directly to the tube anchor bar on the existing guardrail mount where the old tube rail would be bolted. The Contractor is required to make visits to the site in order to ensure the guardrail mounts will be compatible with existing components.

The new guardrail sections shall replace the top rail of the existing tubular style to extend the height of the guardrail to match EM 385-1-1 regulations*.

Reference Dimensions: (See Section B-B on image 5044.jpg)

a. The dimension from bridge surface to top of rail is 12 inches.

b. New dimension from bridge surface to top of new rail needs to be between 54 inches to 57 inches.

c. Concrete wall height is 23.5 inches tall.

d. Existing guardrail height from the top of the concrete wall to the top of the existing rail is 19.75 inches tall.

*Contractor to confirm these heights prior to fabrication of new components.

*EM 385-1-1 22.B.01 A standard guardrail shall consist of top rails, midrails, and posts, and shall have a vertical height of 42 in +/- 3 in (106.6 cm +/- 7.6 cm) from the upper surface of the top rail to the floor, platform, runway, or ramp level. Standard guardrail systems shall be provided with toe boards on all open sides/ends at locations where persons are required or permitted to pass or work under the elevated platform or where needed to prevent persons and material from falling from the elevated platform.

Following EM 385-1-1 gaps shall not be larger than 4”.

5. Submittals: The following information shall be submitted to the Government Representative, Tyler Lester, Maintenance Engineer at the U.S. Army Corps of Engineers, Huntington District in Huntington, WV at

(304) 563-0152, for approval before the specified time:

Shop Drawings; Must be approved prior to fabrication Materials list; Must be approved prior to fabrication Colors of items; Must be approved prior to fabrication Design style; Must be approved prior to fabrication Warranty information; Must be approved prior to fabrication

Shop drawing shall be submitted as specified above to:

Department of the Army Huntington District Corps of Engineers 502 Eighth Street Huntington, WV 25701-2070

ATTN: CELRH-CT

The Contractor shall prepare and submit for approval 4 copies of all shop drawings as called for under the various sections of these specifications.

These drawings shall be complete and detailed. It shall be the responsibility of the Contractor to check and coordinate shop drawings of his subcontractors and suppliers prior to submitting them.

With each submittal of shop drawings, the Contractor shall certify that he has reviewed the shop drawings in detail and that they are correct and in strict conformance with the specifications except as otherwise explicitly stated. Upon completion of review by the Contracting Officer, if approved, each copy of the drawings will be identified as having received such approval by being so stamped and dated. The Contractor shall make any corrections required. If the Contractor considers any correction indicated to constitute a change to the contract specifications, notice as required under the contract clause, "Changes" shall be given to the Contracting Officer. Three sets of all shop drawings will be retained and one set will be returned to the Contractor. The approval of the drawings shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. Approval of such drawings will not relieve the Contractor of the responsibility for any error which may exist as the Contractor shall be responsible for the dimensions and design of adequate details, and satisfactory construction of all work. Shop drawings shall be transmitted on ENG Form 4025. A letter of transmittal will not be required. The Contracting Officer will furnish a supply of forms for this purpose. All transmittals shall be in accordance with the instructions on the reverse side of ENG Form 4025 and each drawing submitted for approval shall be listed on a separate line of the form. Each drawing shall be provided, in the lower right-hand corner, with the name of the project, the contract number, a drawing number, and a white space 3x4 inches in which the action taken can be indicated. One copy of ENG Form 4025 indicating approval or corrective action required will be enclosed with the print returned to the Contractor. Promptly after approval three additional sets of prints of all shop drawings made on durable, permanent paper, shall be furnished for distribution.

All prints or shop drawings submitted for approval shall be clearly legible. Assembly of the affected items will not be permitted prior to receipt of these distribution copies of the shop drawings, unless such assembly is specifically authorized in writing.

Within 10 business days of Award, the Contractor shall complete and submit to the Contracting Officer, in duplicate, SUBMITTAL REGISTER, ENG Form 4288, listing all submittals and dates. In addition to those items listed on ENG Form 4288, the Contractor will furnish submittals for any deviation from the specifications.

The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of 30 business days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule.

The Contractor's Quality Control representative shall review the listing at least every 30 business days and take appropriate action to maintain an effective system. Copies of updated or corrected listing shall be submitted to the Contracting Officer at least every business 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

Attached at the end of these Special Provisions is the submittal listing, in tabular form, of technical items the Contractor shall submit to the Contracting Officer, as indicated in the various sections of these specifications. The submittal listing may not be complete and additional items may be required as determined by the Contracting Officer.

In addition to the certificates of compliance that may be required by the Technical Provisions of these specifications, certificates for demonstrating proof of compliance of materials with specification requirements shall be furnished for all other material and shall be executed in three ( 3) copies.

Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on specific samples, the material is found not to meet the specific requirements.

Before final payment is made, the Contractor shall furnish the Government Representative all approved shop drawings on a compact disk in Portable Document Format (PDF). All parts shown on the drawings shall be referenced and numbered in order to facilitate identification of the various parts. Each drawing from which the files are made shall have a title in the lower right-hand corner containing the name of the Contractor, title of drawing and the date. The files shall be legible when printed at their original full size.

Any of the approved shop drawings that are products of Computer Aided Drawing (CAD) shall also be copied to the compact disk in their native format. This is in addition to the PDF files of those drawings.

Two copies of the compact disk shall be furnished. The compact disk and case liner shall be labeled with the filenames, project name, contract number, and Contractor name.

6. Delivery and handling: The Contractor shall coordinate all delivery plans with Tyler Lester, Maintenance Engineer at the U.S. Army Corps of Engineers, Huntington District in Huntington, WV at (304) 563-0152.

Delivery shall be made F.O.B. destination to Alum Creek Lake, 5905 Lewis Center Rd., Lewis Center, OH 43035-9215, attn. Sylvia Chelf. Deliveries shall be between the hours of 0730-1600 excluding weekends and Federal holidays. The eleven federal holidays are:

New Year's Day (January 1) Birthday of Martin Luther King, Jr. (Third Monday in January) Washington's Birthday (Third Monday in February) Memorial Day (Last Monday in May) Juneteenth National Independence Day (June 19) Independence Day (July 4) Labor Day (First Monday in September) Columbus Day (Second Monday in October) Veterans Day (November 11) Thanksgiving Day (Fourth Thursday in November) Christmas Day (December 25)

The Contractor shall confirm that its intended method of shipment is satisfactory to the Government and shall give seven (7) business days’ notice before shipment. Delivery shall be no later than 14 weeks after contract award. The Contractor shall suitably package and protect the items for shipment. Any items damaged due to the Contractor’s fault or negligence shall be repaired or the item replaced at the Contractor’s expense.

7. Warranty: The Contractor shall provide to the Government Representative the manufacturer’s standard warranty or guarantee for the operators supplied under this section of the specifications. The manufacturer’s standard warranty shall be for a minimum of one (1) year and shall start upon acceptance of the equipment by the Government. Upon receipt of notice from the Government of failure of any part of the materials or equipment under warranty during the warranty period, new replacement part(s) shall be furnished and installed properly at no additional cost to the Government.

8. Payment: The contract price will cover design, fabrication, and delivery costs as described herein. The Contractor shall submit an invoice to the Government with all expenses outlined.

9. Inspection: Prior to shipment the Government shall inspect all items herein described at the Contractor’s facility. The Contractor shall coordinate all inspections with Tyler Lester, Maintenance Engineer at the U.S. Army Corps of Engineers, Huntington District in Huntington, WV at (304) 563-0152.

The work will be conducted under the general direction of the Contracting Officer and is subject to inspection by his appointed inspectors to ensure strict compliance with the terms of the contract. Materials furnished under these provisions shall be subject to inspection during and after the process of manufacture at the place of manufacture by authorized Government inspectors who shall be afforded proper facilities for determining compliance with these specifications. Any part of the equipment not in compliance with these specifications will be rejected and the Contractor shall promptly remedy or replace the defective part or parts to the satisfaction of the Contracting Officer, without cost to the Government. All final shop assemblies required to be performed will be witnessed by a Government appointed inspector. The Contractor shall keep the Government Representative informed as to the general progress of the work and shall notify the Contracting Officer in writing, fourteen (14) business days prior to the time when the components are ready for final assembly and testing. The Production Progress Reports, in accordance with Contract, shall be submitted monthly. Normally reports shall be sent 5 business days after each reporting period. The report(s) shall contain the contract line items, exhibits, or exhibit line items for which reporting is required. Three copies of all reports be sent to the Huntington District, Corps of Engineers, ATTN:

CELRH-CT0, 502 Eighth Street, Huntington, West Virginia 25701-2070. When reporting an actual or potential delinquency, the contractor-prepared DD Form 375c shall, as a minimum contain the following:

(1) The problem - a statement of the difficulty, the reasons therefore, and whether caused by the Government or the Contractor, (2) Items and quantities affected, (3) Date of commencement of the anticipated or actual delinquency, (4) Action taken by the Contractor to overcome the anticipated or actual delinquency, (5) Estimated recovery date based upon evaluation of the factors contributing to the delinquency, (6) A realistic schedule revision which can be met by the Contractor. No inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer, nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. The Contractor shall, within 30 business days after date of delivery, submit for approval of the Contracting Officer, a description of this proposed inspection system.

10. Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts: In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

(End of special contract requirement)

11. ATOPSEC

Suspicious Activity Reporting Training 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 will 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.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 14 wks. ANP 1 ALUM CREEK LAKE

SYLVIA CHELF

5905 LEWIS CENTER ROAD

LEWIS CENTER OH 43035-9215

740-548-6151 FOB: Destination

9655BQ

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2021

52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JUL 2020

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

MAY 2016

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

JAN 2021

252.215-7008 Only One Offer JUL 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

OCT 2020

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

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

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

APR 2020

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 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 (NOV 2021)

(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 websites) 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 products or commercial services, 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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) Reserved.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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

COMMERCIAL SERVICES (NOV 2021) ALTERNATE I (OCT 2014)

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…