B01.01 Combined Synopsis_Solicitation_Coastal Research.pdf

SOLICITATION #

W912HZ24R10Y8

COMBINED SYNOPSIS/SOLICITATION TITLE:

Synthesizing and Reporting Coastal Community Stakeholder and User Perspectives to inform the U.S.

Coastal Research Program

COMBINED SYNOPSIS/SOLICITATION: This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation of Commercial Items”, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The intent of this solicitation is to award a single purchase order for services described in the performance work statement. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. The requirements will be fulfilled using FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition procedures, to the maximum extent possible. This acquisition set-aside for Woman Owned Small Business firms. The associated NAICS code for this procurement is 541620 - Environmental Consulting Services, with a corresponding small business size standard of $19M.

NOTE: All offerors must be registered in the System for Award Management (SAM) prior to the response date listed in this combined synopsis/solicitation. Information concerning SAM requirements may be viewed via the internet at SAM.gov.

The Engineer Research and Development Center (ERDC), Coastal and Hydraulics Laboratory, is in need of the services described in the attached performance work statement.

This solicitation is being issued as a request for proposal (RFP). The Government intends to award a single purchase order resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation and is found to be the lowest priced technically acceptable offeror.

An award, if any, will be made to the responsible offeror(s) who submits a proposal that conforms to the requirements of the synopsis, whose quote is found to be technically acceptable, and is the lowest price. The Government reserves the right to award without discussions or make no award at all depending upon (1) the quality of proposals received and (2) the price fair and reasonableness of proposals received.

The lowest priced proposal will be evaluated to determine technically acceptable contractor(s). If the lowest proposed offer is determined to be technically acceptable, the Government reserves the right to not evaluate the technical proposal(s) submitted by the other offeror(s). A proposal that fails to comply with any minimum technical requirements will not be eligible for award regardless that it may offer the lowest price.

The Government bears no legal liability for the costs associated with preparing a proposal. Offerors should not submit a proposal unless they are willing to absorb all costs associated with submitting a quote.

I. SOLICITATION INSTRUCTIONS

1. The provision at FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services

(Sep 2023), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212-1:

a. Submission of offers. FAR 52.212-1(b) is amended to include the following:

(1) Submit signed electronic proposals by 1400 hours, CST on 17 September 2024 to chl-ct-proposals@usace.army.mil. All submittals from responsible firms will be considered by the mailto:chl-ct-quotes@usace.army.mil mailto:chl-ct-quotes@usace.army.mil agency.

b. Late submissions. FAR 52.212-1(f) is amended as follows:

(1) Offerors are responsible for submitting proposals so as to reach the Government designated office in the solicitation by the time specified in the solicitation. If no time is specified, the time for receipt is 4:30 pm, local time, for the designated Government office on the date that proposals are due.

(2) Any quotation received at the Government office designated in the solicitation after the exact time specified for receipt of quotations is late will not be considered unless it is received before award is made and the contracting officer determines that accepting the late quotation would not unduly delay the acquisition.

(3) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the Government office designated for receipt of quotations 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 quotations 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.

c. Formal communications. Requests for clarification and information concerning the solicitation must be provided in writing no later than 5 days prior to closing. Answers will be compiled and posted electronically to the System for Award Management/Contract Opportunities website:

https://sam.gov/content/opportunities. Questions may be emailed to the point of contact listed above in section II, paragraph 2a. All correspondence should reference the solicitation number.

d. Quotation preparation instructions:

(1) General Instructions. The offeror shall submit their quote on company letterhead to include the following: solicitation number; contact name, address, e-mail, and telephone number of the offeror; unit price; and CAGE code, UEI number, size of business. The Contracting Officer is not responsible for locating or obtaining any information not identified in the proposals. If applicable, provide a written statement that the proposal incorporates all amendments to the solicitation.

(2) Specific Instructions. Proposals shall consist of two separate parts, as identified below.

The provision at FAR 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021), and the addenda listed below applies to this acquisition. The evaluation factors to be included in paragraph (a) of this provision are Price, Technical Information and Past Performance.

ADDENDA TO FAR 52.212-2:

BASIS FOR OFFER: This is a competitive acquisition in accordance with FAR part 12 and part 13. The Government will submit an offer in the form of a purchase order to the offeror that represents the best value to the Government. Proposals will be evaluated as described below.

Solicitation Requirements. All proposals submitted will be reviewed for completeness to determine if they contain all information requested in the addenda to FAR 52.212-1. Proposals that are incomplete or missing information may be considered non-responsive and excluded from the evaluation.

Price Evaluation. The prices will be evaluated for each line item including miscellaneous items for data deliverables and expedited services. Any discounts identified in the quote will be included in the evaluation of the evaluated price. No advantage will accrue to an offeror who submits a quote for an unreasonably low price. Failure to propose for any line item may cause the vendor's quote to be considered non-responsive and excluded from the evaluation. The price evaluation will document the reasonableness of the quoted price.

Technical Evaluation. The technical team will review the technical quote to determine if the information provided meets the technical requirements identified in this solicitation. The technical information will be evaluated based on the minimum specifications stated in this notice and how well the quote clearly demonstrates meeting or exceeding these requirements.

Past Performance Evaluation. Past performance will be reviewed using Government information systems to ensure an offeror is eligible for an award but will not receive a rating for past performance.

Technical Evaluation Factors.

See FAR 52.212-2 for evaluation factors and evaluation ratings.

2. The clause at 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023), and the addenda listed below applies to this acquisition.

ADDENDA TO FAR 52.212-4:

Text in paragraph (c) is deleted and replaced with the following:

Changes. Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b).

Pricing Schedule

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

[Base]

24 Month Base Period 1 Job

[Option]

12 Month Option Period 1 Job

Performance Work Statement (PWS) Synthesizing and Reporting Coastal Community Stakeholder and User

Perspectives to inform the U.S. Coastal Research Program (USCRP)

1. INTRODUCTION AND OBJECTIVE: The U.S. Army Engineer Research and Development Center (ERDC) Coastal and Hydraulics Laboratory (CHL) supports R&D partnerships focused on coastal resilience through the ERDC U.S. Coastal Research Program (USCRP), a Corps- led multi-university effort to identify engineering frameworks to address coastal resilience needs and to develop adaptive pathways that lead to coastal resilience. This work aligns with the coastal Corps priorities, which include long-term processes and coastal response, extreme events, and biological, chemical, physical processes that impact human and ecosystem health. By leveraging academic expertise in focused laboratory and field studies, ERDC USCRP advances predictive capabilities for sediment transport processes, engineering frameworks and design for nature-based coastal protection, coastal storm impacts and recovery, best practices for beneficial use of dredged sediments, and storm overtopping and overland flow. These capabilities all lead to improved adaptive pathways for coastal community resilience. Representing the coastal stakeholder and user needs is required for ERDC USCRP as USACE ERDC is funded by Congress to deliver on the congressional language for ERDC USCRP. The language directs USACE-ERDC to address R&D needs related to “communities…vulnerable to coastal change. Funding in addition to the budget request is recommended for…Corps-led, multi-university efforts to identify engineering frameworks to address coastal resilience needs…” One of the USACE Top 10 R&D Priorities is to Support Community Resilience. To be able to deliver on this priority, ERDC needs to understand stakeholder and user needs and articulate the stakeholder perspective to USACE direct coastal programs within the Civil R&D program.

2. MAJOR REQUIREMENTS: To accomplish the work under this effort, it shall be necessary for the Contractor to complete the following requirements tasks.

2.1 Tasks:

2.1.1. ERDC USCRP Stakeholder & End-User Synthesis

Analyze and synthesize the stakeholder and end-user perspective and provide information so ERDC-USCRP can develop strategic planning and vision for the program and can make sure alignment with program goals and stakeholder challenges and needs. Support one ERDC-USCRP thematic workshop and one experiment (develop content, attend, and assist with post-workshop reports).

Assist in identifying key stakeholder needs and challenges that will help ERDC USCRP make strategic planning and visioning decisions.

Deliverables: The deliverables for this task includes synthesized information and reporting about stakeholder and end-user perspectives presented at 12 ERDC- USCRP monthly meetings to provide the stakeholder perspective. Collect and synthesis the coastal stakeholder perspective to provide data to ERDC-USCRP to develop the Future of Coastal Processes Research report. Present this information and submit reports to ERDC-USCRP that contains recommendations on priorities based on the identified stakeholder needs and explain the rationale for prioritization and the recommendations at technical writing team meetings.

ERDC-USCRP will make final decisions regarding any recommendations or options. The Contractor shall not have the authority to make any decisions on the course of action pursued.

2.1.2. ERDC USCRP Communications Information Gathering

Gather information and data on needs applicable to coastal community stakeholders (i.e. Town Mangers, local businesses, environmental groups, etc.)

on vulnerability to potential impacts from coastal change and use this information to identify recommended best practices for an effective communication strategy to support USCRP’s mission and goals; present ideas on a calendar of events and recommend ideas to creatively develop and share ERDC-USCRP research highlights and impacts and outcomes of program supported research.

Deliverables: The deliverables for this task include presenting on effective external community communication strategies, means, and methods and providing recommendations at 12 ERDC-USCRP leadership meetings to include a final, comprehensive written report containing all findings and recommendations.

2.1.3. ERDC USCRP Website Maintenance and Upgrades

Annual assessments and upgrades to the following:

• Site functionality (SEO/Google Analytics data, branding, cohesiveness and consistency, functionality of links/buttons/pages/resources, proofreading and editing copy, ease of use/flow, mobile optimization, content quality/frequency/performance, opportunities for engagement (calls to actions), alternative text (accessibility));

• Content (communications team to provide ECC with expectations, perspectives, preferences, goals, direction, etc.; Develop/update website structure with copy & content);

• Implementation (Establish/revise plan for developing and implementing consistent fresh content on a regular basis, Inserting alternative text).

Deliverables: The deliverables for this task include presenting monthly to ERDC- USCRP leadership on website updates with up-to-date information and content and develop and present a comprehensive final report with recommendations to recreate and revamp the ERDC-USCRP website.

2.1.4. ERDC USCRP Workshops and Experiments Support

Develop organization and planning recommendations for in-person workshops to synthesis stakeholder and end-user needs and thematic technical research needs. During non-workshop years, this task covers “exhibit” table/booths at conferences and meetings and staff travel to increase presence at coastal events. During experiment years, this task covers travel to support large scale community experiments.

Deliverables: Recommend workshop and experiment organization and planning for thematic workshops and the Decadal Visioning Workshop. Research and synthesize recommendations of stakeholder input and information to include in the Future of Coastal Processes Research report. Present organization and planning recommendations to program leadership. Based on ERDC-USCRP decisions, coordinate, and host at least one in person thematic workshop. Attend at least one conference and provide coordination and planning support for large coastal community experiments.

3. GOVERNMENT FURNISHED INFORMATION/EQUIPMENT/MATERIALS:

N/A

4. MEETINGS/REVIEWS:

During this effort, the Contractor shall conduct once monthly conference calls/web meetings to discuss progress of the work. The exact date and time of these meetings shall be scheduled to be mutually agreeable for the period of performance.

A Kickoff meeting shall occur within one month of contract award date to solidify the project schedule, plan monthly progress meetings and discus contract details.

5. TRAVEL: Travel for this work will be required to support USCRP workshops and

USCRP exhibit table/booths at other conferences (Task 2.1.4).

6. REPORTS/DELIVERABLES: The following reports and deliverable are required.

Quarterly Reports: Reports describing progress on the project shall be submitted to the TPOC and COR via email no later than the 10th calendar day following the reporting period and entitled Quarterly Progress Report. These reports shall be as of the last day of the quarter, and the first and last report may cover more than a quarter with prior concurrence of the COR. Invoices for partial payment shall be submitted to coincide with submission of the quarterly progress reports, and a copy shall be included as specified in (see Section G). No partial payment will be approved unless the government has received all progress reports which are due with that period.

DD Form 882: The contractor shall submit DD Form 882 in accordance with Section I, DFARS 252.227-7039 “Patents – Reporting of Subject Inventions”. If the period of service of this contract is not more than eighteen months (18) months, and interim DD Form 882 is not required.

7. PLACE OF PERFORMANCE: Work will be performed at the contractor’s location unless otherwise noted.

8. PERIOD OF SERVICE: The Period of Performance is 36 months from contract award date and will include a 2-year base period and one 1-year option period. The

Government reserves the right to exercise this option at anytime prior to the contract expiration date.

9. SECURITY REQUIREMENTS:

10.1. General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

10.2 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

10. PERFORMANCE RATING DEFINITIONS: The performance ratings below reflect definitions at FAR 42.1503 Table 42-1. The COR will use these rating to evaluate the quality of contractor’s performance.

11. PERFORMANCE REQUIREMENTS SUMMARY:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Task /Deliverables Standards/AQLS Inspections Rating Incentive/Disincentive

Task 1: ERDC

USCRP

Stakeholder & End-User Synthesis

Deliverables:

The deliverable for this task includes synthesized information and reporting about stakeholder and end-user

Standard:

Reports shall be accurate, thorough, and timely.

All Tasks and Deliverables were completed on time and acceptable to the TR and COR.

Who: TR and COR will inspect all deliverables.

Standard(s):

Inspection applies to all standards.

Rating task completion according to Table 1 performance standards.

Rating task completion according to Table 42-1.

If the Performance Standards are found to be non-compliant the Contractor / Vendor is responsible for correcting the task(s) to a Performance Rating above Unsatisfactory and the resulting action will require

Performance Rating

Definition

Exceptional Performance meets contractual requirements and exceeds many to the government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

Very Good Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

Satisfactory Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

Marginal Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being evaluated reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

Unsatisfactory Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains a serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

perspectives presented at 12

ERDC-USCRP

monthly meetings to provide the stakeholder perspective.

Collect and synthesis the coastal stakeholder perspective to provide data to ERDC-USCRP to develop the Future of Coastal Processes Research report.

Present this information and submit reports to

ERDC-USCRP

that contains recommendations on priorities based on the identified stakeholder needs and explain the rationale for prioritization and the recommendations at technical writing team meetings.

ERDC-USCRP will make final decisions regarding any recommendations or options. The Contractor shall not have the authority to make any decisions on the course of action pursued.

completion of the task(s) at no additional cost or extension to the Period of Performance.

Task 2: ERDC

USCRP

Communications Information Gathering

Deliverables:

The deliverables for this task include presenting

Standard: A clearly outlined and actionable communications plan integrating USCRP strategic planning.

All Tasks and Deliverables were on effective external community communication strategies, means, and methods and providing recommendations at 12 ERDC- USCRP leadership meetings to include a final, comprehensive written report containing all findings and recommendations.

completed on time and acceptable to the TR and COR.

Task 3: ERDC USCRP Website Maintenance and Upgrades

Deliverables: The deliverables for this task include presenting monthly to ERDC-USCRP leadership on website updates with up-to-date information and content and develop and present a comprehensive final report with recommendations to recreate and revamp the ERDC- USCRP website.

Standard: A cohesive and easy to understand new website that communicates USCRP’s strategic plan.

All Tasks and Deliverables were completed on time and acceptable to the TR and COR.

Task 4: Support

ERDC USCRP

Workshops and Experiments

Deliverables:

Recommend workshop and experiment organization and planning for thematic workshops and the Decadal Visioning Workshop.

Standard:

Professionally plan and execute at least one USCRP thematic workshop.

All Tasks and Deliverables were completed on time and acceptable to the TR and COR.

Research and synthesize recommendations of stakeholder input and information to include in the Future of Coastal Processes Research report.

Present organization and planning recommendations to program leadership. Based on ERDC-USCRP decisions, coordinate, and host at least one in person thematic workshop. Attend at least one conference and provide coordination and planning support for large coastal community experiments.

II. ADDITIONAL TERMS AND CONDITIONS

The following provisions and clauses apply to this acquisition. The purchase order will incorporate one or more provisions and/or clauses by reference, with the same force and effect as if they were given in full text.

The full text of a provision and/or clause may be accessed electronically at:

https://www.acquisition.gov/far/part-52

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 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

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.207-1 Notice Of Standard Competition MAY 2006 52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2023-O0008)

MAY 2024

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National

Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

https://www.acquisition.gov/far/part-52

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under

Executive Order 14026

JAN 2022

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.226-7 Drug-Free Workplace MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text

Messaging While Driving

MAY 2024

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for

Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

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 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

52.247-34 F.O.B. Destination NOV 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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense

Information Controls

OCT 2016

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 252.205-7000 Provision Of Information To Cooperative Agreement

Holders

JUN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer DEC 2022 252.215-7013 Supplies and Services Provided by Nontraditional

Defense Contractors

JAN 2023

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

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

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

Factor 1 – Specialized Experience. Projects submitted that demonstrates the offeror has the experience that meets or exceeds the scope and complexity of this work will be rated as acceptable. An offeror who does not submit any specialized experience will be rated as unacceptable. Specialized experience includes the Offeror must have experience in analyzing and synthesizing the coastal stakeholder and end-user perspective and providing overall guidance in strategic planning and visioning for a multi-institutional partnership supporting coastal processes research. The Offeror must possess unique institutional knowledge of the ERDC USCRP and program activities and be aware and well-informed of previous workshops and reports. The Offeror must fill the role of providing the perspective of the coastal stakeholder and end-user so that ERDC USCRP can fulfill its community mandate to identify user needs based on input from across the coastal sector, such as local government officials, emergency managers, industry (e.g., coastal consultants) and NGOs, and provide guidance on communicating research effectively.

Factor 2 – Past Performance. Any past performance questionnaire that is submitted with a marginal rating will be rated as unacceptable. Any rating higher than marginal or if an offeror has no past performance will be rated as acceptable. A past performance questionnaire must still be submitted for each project identified in Factor 1, either by the offeror or the client.

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

Adjectival Rating Description

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

The Government will evaluate the offeror’s understanding of the requirements as portrayed in your discussion of the intent for this project. Requirements to be evaluated include, but are not limited to, the process proposed for this project. Submissions which demonstrate a complete, logical, and well-defined methodology, will be evaluated as Acceptable. Submissions that are incomplete, illogical, or lack a well-defined methodology will be evaluated as Unacceptable. Omission of requested information will be evaluated as Unacceptable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2024-O0002) (MAY 2024)

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;…