B.08 Solicitation 25-Q-0032 AFD Hydrostatically Test Signed.pdf
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- Attached to
- AFD Hydrostatically Test 96 CO2 Cylinders Federal contract opportunity
- Solicitation number
- W912DW25Q0032
About this file
This document is a solicitation for commercial items (Standard Form 1449) issued by the U.S. Army Corps of Engineers for hydrostatic testing of carbon dioxide (CO2) cylinders at Albeni Falls Dam. The contract (W912DW25Q0032) is a 100% small business set-aside with a NAICS code of 811310 and a size standard of $12.5 million, seeking a contractor to inspect, test, and recertify 96 75-pound CO2 cylinders used in the facility's fire suppression system.
The period of performance is from July 1, 2025, through September 15, 2025, during which the contractor will transport 48 spare cylinders at a time to their facility, empty and reclaim the CO2, visually inspect each cylinder, perform hydrostatic testing at 150% of normal pressure, check for leaks and expansion, determine cylinder integrity, perform maintenance like valve and seal replacements, update markings, and provide recertification documentation. Offers are due by 10:00 AM on July 14, 2025, and must be submitted via email to Mckenna.T.Rain@usace.army.mil, with the solicitation specifically targeting service-disabled veteran-owned small businesses and women-owned small businesses.
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SEE ADDENDUM
(No Collect Calls)
W912DW25Q0032 07-Jul-2025
b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME
10:00 AM 14 Jul 2025
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 X 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.
W912DW9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MCKENNA T. RAIN
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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
USA ENGINEER DISTRICT, SEATTLE
ATTN: CENWS-CT
4735 EAST MARGINAL WAY SOUTH, BLDG. 1202
SEATTLE WA 98134-2388
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 960513 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
ALBENI FALLS DAM PROJECT OFFICE
CHRISTINE M. KIMEL
2376 HIGHWAY 2
OLDTOWN ID 83822
TEL: 208-437-7232 FAX: 206-764-3682
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$12,500,000
NAICS:
811310
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
Shemekia R. McMillan shemekia.r.mcmillan@usace.army.mil
07 July 2025
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF66
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.
W912DW25Q0032
Section SF 1449 - CONTINUATION SHEET
PERFORMANCE WORK STATEMENT
Performance Work Statement CO2 Cylinder Inspection, Hydrostatic Testing & Recertification
Albeni Falls Dam | Seattle District U.S. Army Corps of Engineers
1. Background: Albeni Falls Dam (AFD) is a U.S. Army Corps of Engineers hydroelectric power generation facility. AFD is located on the Pend Oreille River between Oldtown, Idaho, and Priest River, Idaho.
2. Scope: The Contractor shall provide all labor, tools, equipment, test and inspection equipment, materials, parts, quality control, and transportation necessary to perform hydrostatic testing of the carbon dioxide (CO2) compressed gas cylinders (‘the cylinders’) that are part of the CO2 Fire Suppression System at Albeni Falls Dam.
The Contractor shall be responsible for ensuring all parts and services provided under this contract are in accordance with the terms and conditions outlined herein and conform to applicable codes (CGA and DOT, as applicable), industry standards, the original manufacturer’s equipment specifications (or equivalents), and other requirements defined by this performance work statement (PWS).
3. Description of AFD System: The carbon dioxide (CO2) fire suppression system at Albeni Falls Dam uses 96, 75-pound CO2 cylinders. During normal operation, 48 cylinders are connected to the system and 48 spare cylinders are held in reserve should the system be deployed.
4. Requested Service(s): AFD requests proposals for the hydrostatic testing of all ninety-six (96), 75-pound carbon dioxide high pressure cylinders. The cylinders supply CO2 for the fire suppression system in AFD’s electrical power generation units.
5. Period of Performance: Due to operational constraints and funding availability, the period of performance is
July 1, 2025, through September 15, 2025. All services, including delivery of digital and hardcopy certifications, shall be completed by September 15, 2025.
6. Removal, Transport, Inspection & Testing:
6.1. The Contractor shall transport the 48 spare cylinders (‘First 48’) from Albeni Falls Dam to their facility.
6.2. Contractor shall perform the following:
Empty each cylinder, reclaiming the CO2, Visually inspect each cylinder, Fill with water and hydrotest each cylinder to 150% of normal pressure, Check each cylinder for leaks, Measure the expansion of each cylinder, Make determination of each cylinder’s integrity and fitness for service.
6.3. Perform any typical maintenance and repairs such as valve replacement and/or the replacement of seals.
6.4. Report any non-serviceable cylinder conditions to the COR and POC.
6.5. Update cylinder markings, decals, and provide recertification documentation for the First 48 cylinders.
6.6. Contractor returns the First 48 cylinders to AFD. The Second 48 cylinders are then disconnected from the fire suppression system and replaced with the First 48. The First 48 thereby become the in-service cylinders.
6.7. The Contractor then transports the Second 48 to their facility and repeats the process outlined above.
6.8. Contractor returns the 2nd 48 to AFD and places them in the spare cylinder location.
7. Quality Assurance: See Appendix B for QA deliverables.
8. Contractor Personnel & Contractor Employees: The Contractor shall identify the following personnel:
8.1. The contractor shall identify a Contract Manager (CM) and an alternate contact, both with full contract authority, within ten (10) business days of contract award. Contact information shall include telephone numbers and email addresses. The CM and alternate shall be able to read, write, speak, and understand English fluently.
8.2. The Contractor and Contractor’s personnel shall introduce themselves and their role(s) in the contract.
8.3. The Contractor’s personnel shall display visible identification such as company logo on uniforms, shirts, hard hats, or badges.
8.4. The Contractor shall identify an initial listing of employees who will be performing the work at Albeni
Falls Dam. Listing shall be provided to the COR within five (5) business days after the contract award date. Any changes to the personnel listing shall be provided to the COR and Albeni POC as soon as practicable.
8.5. The Contractor shall not employ persons on this contract if such employee is identified to the Contractor as a potential threat to the health, safety, security, and/or general well-being, or operational mission of the installation and its population.
8.6. The Contractor shall not employ any person who is an employee of the United States (US) Government if the employment of the person would create a conflict of interest.
9. Hazardous Waste, Environmental Protection & Training: No specific environmental training is required for this contract as no hazardous materials are anticipated with on-site activities:
9.1. If no hazardous waste will be generated during the performance of this contract, the Contractor shall certify
“NO Hazardous Waste Generation” by official correspondence. This certification shall be provided to the COR within ten (10) business days after award. After the COR receives the “No Hazardous Waste Generation” Certification, the requirements of this section no longer4 apply.
9.2. Any hazardous materials (cleaners, paint removers, paints, solvents, etc.) used by the Contractor at the contractor’s facility are the sole responsibility of the Contractor.
9.3. If hazardous waste is produced at the Contractor’s facility, the Contractor shall comply with all applicable federal, state, and local laws, regulations, instructions and requirements regarding environmental protection and proper disposal of the waste.
10. Safety & Health on Government Installations: While performing work under this contract at Albeni Falls
Dam, the Contractor shall comply with federal, state, and local regulations.
10.1. The Contractor shall notify the CO, COR, and Government Contract Administrator (CA) within one (1) business day of any injuries that occur to contractor personnel while at Albeni Falls Dam.
10.2. The Contractor shall notify the CO, COR, and Government CA within one (1) business day of any damage to Government property.
10.3. The Contractor’s onsite representative shall communicate all hazards being introduced to the worksite by the Contractor. This information is required prior to the commencement of work, at daily briefings, and shall be included in the Contractor’s Site-Specific Safety Plan.
10.4. Mishap notifications shall contain, as a minimum, the following information:
• Contract, Contract Number, Name and Title of Person(s) Reporting
• Date, Time and exact location of accident/incident
• Brief Narrative of accident/incident (Events leading to accident/incident)
• Cause of accident/incident, if known
• Estimated cost of accident/incident (material and labor to repair/replace)
• Nomenclature of equipment and personnel involved in accident/incident
• Corrective actions (taken or proposed)
• Other pertinent information
10.5. While at Albeni Falls Dam, the Contractor shall be required to follow applicable traffic safety regulations and any applicable safety requirements required by the work center supervisor as it pertains to execution of the contract.
10.6. Local requirements may include, but are not limited to, general personal protective equipment such as safety glasses, hearing protection, and hard hats.
10.7. The Contractor shall comply with base/shop emergency procedures for fire, tornado, evacuation, etc.
11. Site-Specific Safety & Occupational Health Plan: The Contractor shall be responsible for compliance with Public Law 91-596 (OSHA). For this contract, the Contractor shall submit a Safety and Occupational Health Plan using Form 6292, Revision AUG 2024 (or later). Contractor shall complete Form 6292, describing on-site activities and associated hazards.
11.1. In addition to the items covered by Form 6292, this contract requires the Contractor to attend Hazardous
Energy Control Program (HECP; AKA lock-out/tag-out) training conducted by Albeni Falls personnel.
11.2. This contract requires an AFD HECP clearance on the affected CO2 fire suppression system. Upon completion of HECP training, Contractor personnel will lock-on to the AFD clearance.
Note: Form 6292 covers a wide range of activities. Contractor should fill out only those sections and line items that pertain to this contract.
12. Anti-Terrorism Training: Contractor personnel who require routine physical access to a Federally controlled facility or military installation shall complete DFARS 252.204-7004 Level I Anti-Terrorism Awareness Training within 30 days of requiring access and annually thereafter.
12.1. This requirement shall be flowed down to subcontractors that require routine access to federal facilities or military installations.
12.2. Contractor shall maintain and make available to the COR upon request, the records of Contractor employees and/or the subcontractor employees who have completed the DFARS 252.204-7004 Level I Antiterrorism Awareness Training.
12.3. The required records can be in the form of the employees’ certificates -or- a list of all Contractor’s and subcontractor’s employees who have completed the required training; the list shall include the individual’s company name and the date the training was completed.
Appendix A CO2 Canisters
Quantity CO2 Cylinder
48-each Spare Cylinders 48-each In-Service Cylinders
Appendix B Quality Assurance Surveillance Plan
Performance Objective
Standard Performance Threshold Method of
Surveillance
All requested certifications received by Corps: hardcopies delivered with recertified and refilled cylinders;
digital copies delivered via email.
Zero Deviation from Standard
100% Inspection
All cylinders bear updated markings and decals indicating recertification and date of recertification.
System is re-energized, confirmed to be fully functional.
Contractor locks are removed, Contractor is signed off clearance, and system is released to AFD personnel.
INSTRUCTIONS TO QUOTERS
INSTRUCTIONS TO QUOTERS
1. The solicitation is “100% small business set-aside.” All work shall be in accordance with the Product Description, attachments, and all other terms and conditions herein.
2. Quotes shall be submitted per the following:
All emailed offers shall contain the RFQ title in the subject line and emailed to the following email address: Mckenna.T.Rain@usace.army.mil.
All quotes must be received by 10:00 AM Pacific on 14 July 2025 Faxed quotations will NOT be accepted.
Quotes must set forth full, accurate and complete information, as required by this
RFQ.
3. State and Local Taxes The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.
Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors. It is the contractor’s responsibility to investigate applicable federal, state, and local taxes, along with any specific exemptions that may exist. This includes any applicable Value-Added Taxes (VAT), sales, use,and excise taxes. The U.S. Army Corps of Engineers will not accept any invoice with a separate tax line. If there are any appropriate taxes, the contractor should considerer that tax as the cost of doing business and incorporate that cost within the cost of the item or job.
4. Delivery: This is F.O. B. Destination. All shipping/freight costs must be incorporated into the unit price. See the purchase description for delivery address.
5. PROSPECTIVE OFFERORS: Contractors shall be registered in the System for Awards Management (SAM) prior to award of a contract or agreement resulting from solicitations.
“Registered in the System for Award Management (SAM) database” means that –
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.
(4) The Government has marked the record “Active”.
This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment. Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.
LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE AN OFFER
INELIGIBLE FOR AWARD. The web site may be accessed at www.sam.gov.
6. ELECTRONIC FUNDS TRANSFER (EFT): Effective 99 Jun 01, the Government will make all payments by EFT (unless the Government VISA credit card is accepted). The only exceptions are: 1) Foreign Vendors, 2) Government Agencies, and 3) One time payments. The USACE Finance Center (UFC) has altered their process for obtaining electronic funds transfer (EFT) banking information utilized for vendor contract payment and will no longer accept UFC Form 23 to update EFT banking information for vendors. Banking information for all vendors will be retrieved from SAM.gov and entered into CEFMS II. There are no exceptions to this policy change. All contractors must notify the UFC via e-mail at: cefc-fc-eft@usace.army.mil when banking information has been updated in SAM.gov. Compliance with this requirement will help ensure timely payment to the correct bank account.
7. All questions resulting from this RFQ shall be submitted two (2) days prior to the closing date.
8. Award will be made to the lowest priced, responsible, quoter whose quote conforms to the requirements of the solicitation.
9. Required Submittals:
Signed and dated STANDARD FORM 1449 (Solicitation/Contract/Order for Commercial Items).
Signed and dated STANDARD FORM 30 (Amendment of Solicitation/Modification of Contract), if applicable, for any Amendments to the solicitation.
Completed FAR/DFARS Representations & Certifications
10. The contractor is required to provide the following information with your quote:
Federal Taxpayer’s ID Number: _______________________________________ Unique Entity ID (UEI) Number: _______________________________________ Cage Code Number _______________________________________
This requires registration in SAM, web site for registration is www.sam.gov.
Remit to Address: _______________________________________ Company Name: _______________________________________ Address: _______________________________________ City/State/Zip: _______________________________________ Phone & Fax Numbers: _______________________________________ Point of Contact: _______________________________________ E-Mail Address: _______________________________________
All quoted items must meet the requirements of the Request for Quote (RFQ) including specifications stated in all attachments.
IAW FAR 12.205(b), offerors may propose more than one product (as determined by the Contracting Officer) that will meet a Government need in response to solicitation(s) for commercial items. The quote shall be determined acceptable based on the date and time received.
The contracting officer shall evaluate each product as a separate offer. The contractor should list any special features or warranty information applicable to the quoted product(s).
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job CO2 Cylinder Services IAW the PWS
FFP
CO2 Cylinder Inspection, Hydrostatic Testing & Recertification IAW the enclosed Performance Work Statement NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PSC CD: S202
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 ALBENI FALLS DAM PROJECT
OFFICE
2376 HIGHWAY 2
OLDTOWN ID 83822
Government ALBENI FALLS DAM PROJECT
OFFICE
2376 HIGHWAY 2
OLDTOWN ID 83822
Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 16-JUL-2025 TO
15-SEP-2025
N/A ALBENI FALLS DAM PROJECT OFFICE
CHRISTINE M. KIMEL
2376 HIGHWAY 2
OLDTOWN ID 83822
208-437-7232 FOB: Destination
960513
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7 System for Award Management NOV 2024 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab Covered Entities
DEC 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.
DEC 2023
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.214-4 False Statements In Bids APR 1984 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.223-10 Waste Reduction Program MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging
While Driving
MAY 2024
52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and
Representation
JUN 2020
52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.244-6 Subcontracts for Commercial Products and Commercial
Services
JAN 2025
52.245-1 Government Property SEP 2021 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination JAN 1991 52.249-1 Termination For Convenience Of The Government (Fixed
Price) (Short Form)
APR 1984
52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7036 Buy American--Free Trade Agreements--Balance of
Payments Program--Basic
FEB 2024
252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
DEC 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.227-7015 Technical Data--Commercial Products and Commercial Services
JAN 2025
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.245-7003 Contractor Property Management System Administration JAN 2025 252.245-7005 Management and Reporting of Government Property JAN 2024 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name: ___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity?:
[ ___ ] Yes or [ ___ ] No.
(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a ``doing business as'' name)
(End of provision)
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.
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--
REPRESENTATION (NOV 2015)
(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(c) Representation. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (MAR 2025)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—
(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or
(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).
(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.
"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--
(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or
(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.
"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned…
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