B08.02 RFQ W913E524Q0016.pdf
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- Solicitation number
- W913E524Q0016
About this file
This document is a Request for Quotation (RFQ) for trenching and burial of fiber optic cable at Moose Creek Dam in North Pole, Alaska. The U.S. Army Engineer Research and Development Center (ERDC), Cold Regions Research and Engineering Laboratory (CRREL) requires a contractor to dig a 1,305 meter trench and place fiber optic cable at a depth of 1.8 meters. The contractor must have previous experience with trenching, fiber optic cable installation, and HDPE fusion and testing. The work is to be performed between September 9-13, 2024. Proposals are due by June 12, 2024 at 12:00 PM Central Standard Time. Award will be made to the responsible offeror whose proposal represents the best value to the government, considering factors such as technical and performance capabilities, experience, period of performance, and price. The North American Industry Classification System (NAICS) code is 238910 - Site Preparation Contractors, with a $19 million size standard.
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SEE ADDENDUM
(No Collect Calls)
W913E524Q0016 24-May-2024
b. TELEPHONE NUMBER
217-373-4479
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 12 Jun 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W913E59. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
RHODA A LEWIS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
ERDC CONTRACTING OFFICE
HANOVER OFFICE
72 LYME ROAD
HANOVER NH 03755-1290
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 W14GQK 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
PR W2R2 COLD RGNS RSCH ENG LAB
GARY LARSEN
USA CRREL - AKRO
BUILDING 4070, 9TH STREET
FT. WAINWRIGHT AK 99703
TEL: (907) 361-3309 FAX:
(217) 373-6773FAX:
TEL: (217) 373-7297 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$19,000,000
NAICS:
238910
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF26
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.
W913E524Q0016
Section A - Solicitation/Contract Form
POINTS OF CONTACT
NOTE: Only a warranted Contracting Officer (KO), acting within his/her delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, the Contractor shall not proceed with the change and shall immediately notify the Contracting Officer. Proceeding with any work not authorized by the Contracting Officer will be at the Contractor's own risk.
CONTRACTOR POC:
Name: To be determined at time of award Phone Number:
Email:
GOVERNMENT TECHNICAL POC (TPOC):
Name: To be determined at time of award Phone Number:
Email:
CONTRACTING OFFICER REPRESENTATIVE (COR):
Name: To be determined at time of award Phone Number:
Email:
CONTRACT SPECIALIST (CS):
Name: Rhoda Lewis Phone Number: (217) 373-4479 Email: Rhoda.A.Lewis@usace.army.mil
CONTRACTING OFFICER (KO):
Name: To be determined at time of award Phone Number:
Email:
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Job Trenching & Burial of Fiber Optic Cable
FFP
Trenching and Burial of FIber Optic Cable at Moose Creek Dam (MCD), AK. All costs necessary to perform the services detailed in Section C, Performance Work Statement.
FOB: Destination
PSC CD: N099
NET AMT
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
Trenching and Burial of Fiber Optic Cable at Moose Creek Dam (MCD), AK
1. INTRODUCTION
This Performance Work Statement (PWS) describes the non-personal services required by the Cold Regions Research and Engineering Laboratory (CRREL) located in Hanover, New Hampshire with a satellite office at Fort Wainwright in Fairbanks, Alaska. The contracted service, that includes trenching and placing of a fiber optic cable within the trench, will provide supplementary resources to the Government to successfully using fiber optics to detect possible seepage at Moose Creek Dam, North Pole, Alaska (see location in Figure 1). For this PWS, specific tasks are listed in Section 3.
Figure 1. Trenching line (yellow) and location.
1.1 Mission and Background
CRREL engineers are pursuing novel research in monitoring water seepage at dams. Temperature measurements are suitable for detecting seepage due to internal erosion. This work will result in permanent temperature monitoring along the dam which will help detect potential water seepage during flood events.
2. SCOPE
The Contractor shall dig a 1,305 m (4,280 ft) long trench through soils that could potentially include silt, sand, river gravels, and cobbles (see location in Figure 1). The Contractor will place the fiber optic cable at a depth of 1.8 m (6 ft). At the start of the fiber optic line, the Contractor shall dig a trench as shown in Figure 2a. At the end of the cable, the Contractor shall dig a trench as shown in Figure 2b so that the fiber optic cable can be installed in an above-ground enclosure that is placed off-set of the 1,305 m (4,280 ft) trench. The length of this connecting trench will be no longer than 20 m. Fiber optic cable will be provided by CRREL representatives. The Contractor is not responsible for sourcing fiber optic cable. The fiber optic cable will be a direct bury type and will not require conduit. Installation method of introducing cable to the ground sublayer must be minimally invasive due to the installation’s proximity of large earthworks. Minimally invasive is defined as a maximum trench width of 15 cm (6 in). The Contractor is responsible for adding appropriate markings when laying the cable, both surface and subsurface.
At the time of trenching and placement of the cable, another contractor (not yet awarded and hereafter referred to as “Contractor #2”) will perform the fiber optic cable splicing and connection to a distributed temperature sensing
(DTS) system. Once the Contractor has completed the 1,305 m (4,280 ft) trench, Contractor #2 will connect the fiber optic cable in a splicing box (Figure 2c), and they will place the box at the beginning of the trench (Figure 2a). At the end of the trench, Contractor #2 will connect the fiber to the DTS that is placed in an enclosure (Figure 2b). Prior to Contractor backfilling the start and end of the trench, Contractor #2 will test the fiber optic cable to ensure no breaks of the cable occurred during the installation. The Contractor will standby until testing of the cable has been completed by Contractor #2. The Contractor is responsible for sand bedding of the fiber optic cable (if needed), backfilling, and compacting the start and the connecting trench (end of the cable) after the testing.
Figure 2. Example of a a) trench at the start of the fiber optic cable, b) trench at the end of the cable, and c) splicing box.
The Contractor is required to have previous experience performing trenching and installation of fiber optic cable as well as experience with high-density polyethylene (HDPE) fusion and testing. The vendor must have performed at least three similar services in the past five years and references from a minimum three of these services should be provided. The Contractor will provide a description of how they plan to cut the trench and place the fiber optic cable so that the technical point of contact (TPOC) for this contract can determine if the method of installation is satisfactory to CRREL.
3. GENERAL REQUIREMENTS
3.1 Non-Personal Services
The Government shall neither supervise the Contractor employees nor control the means or methods by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's responsibility to notify the Contracting Officer (KO) immediately.
3.2 Business Relations
The Contractor shall successfully integrate and coordinate all activity needed to execute the requirement. The Contractor shall manage the timeliness, completeness, and quality of the deliverables.
a) b) c)
Enclosure
3.3 Contract Administration and Management
The following subsections specify requirements for contract, management, and personnel administration:
3.3.1 Contract Management. The Contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement.
2.3.2 Contract Administration. The Contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The Contractor shall have the responsibility for supervising the support required and provide a POC for the Government to notify in case of emergency, proposed additions to the scope of work, and Government complaints about the performance of the work.
3.3.3 Personnel Administration. The Contractor shall provide the following management and support as required. The Contractor shall provide for employees during designated Government non-workdays or other periods where Government offices are closed due to weather or security conditions. The Contractor shall provide administrative support to its employees in a timely fashion (time keeping, leave processing, pay, emergency needs).
3.4 Subcontract Management
This work shall not be subcontracted.
3.5 Contractor Personnel, Disciplines, and Specialties
The Contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, training, and experience. All applicable work will conform to applicable federal, state, and local rules and regulations, such as proper operator licensing and certifications. The Contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall ensure the labor categories, labor rates, and man-hours utilized in the performance of this PWS will be the minimum necessary to accomplish the required outcome. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.
3.6 Period and Place of Performance.
Period of performance: 9 – 13 September 2024.
Location: This work will be performed at the Moose Creek Dam, North Pole, AK 99705 (see Figure 1).
3.7 Travel / Temporary Duty (TDY)
If the Contractor is not local to Fairbanks, travel is anticipated to the location described in the PWS for the execution of this work. Travel costs and logistics are the full responsibility of the Contractor.
4. SUMMARY OF TASKS AND PERFORMANCE REQUIREMENTS
The following section specifies the Tasks, Performance Requirements, and Deliverables for this contract.
4.1 Tasks and Performance Requirement Summary (PRS). The Contractor shall perform the following tasks according to the standards provided.
Task 1: Trenching for fiber optic cable installation. Performance Standard. The Contractor shall perform Trenching and Burial of Fiber Optic Cable with following specifications:
Maximum total length of a trench is 1,305 m (4,280 ft) // Depth: 1.8 m (6 ft) // Maximum width: 15 cm (6 in)
Excavate at the start of the cable so that a splicing box can be placed at a depth of 1.8 m
Dig a connecting trench (no longer than 20 m) at the end of the cable. This trench will be approximately perpendicular to the 1,305 m (4,280 ft) trench (from main trench to enclosure)
Installation of appropriate markings during cable installation, both surface and subsurface.
Sand bedding of the cable (if needed), backfilling, and compacting of the trench.
Surveillance & Inspection:
Surveillance Method: 100% inspection Who: The COR will determine the final assessment of performance, with input from the others to include the TPOC(s) and other stakeholders as appropriate.
Incentive: The work will be re-performed, at no cost to the Government, until the final product fulfills the standard outlined in this PRS.
Inspection: Inspection applies to all standards.
4.2 Deliverables. The following deliverables shall be provided to the government for inspection and acceptance in accordance with the standards of the PRS.
Table 4.1 Deliverables
Deliverable ID Description Due
A001 Installation of 1,305 m (4,280 ft) fiber optic cable at the Moose Creek Dam, North Pole, AK.
13 September 2024
5. SPECIAL REQUIREMENTS
This section describes the special requirements and considerations for this effort.
5.1 Government Furnished Support
Government Furnished Equipment: No government equipment or property shall be issued to the Contractor during this contract.
Government-owned computers or IT equipment: N/A CAC Cards: Not required.
Access to ERDC IT Systems: No access required.
Access to Government Installations: No access required.
Access to Government Information or Data: No access required.
Other Government Support: None.
5.2 Security and Safety (ATOPSEC Clauses)
None apply to this action. No physical access is required to CRREL or DOD facilities to complete the services as outlined in this this Performance Work Statement.
6. GOVERNMENT COR AND TPOC
6.1 Contracting Officer’s Representative (COR). The identification of duties and limitations of the COR are specified in the COR appointment letter, which will be provided to the contractor at or shortly after the time of award. No Government personnel, other than the Contracting Officer, shall have the authority to do other than clarify technical points or supply relevant information to the Contractor regarding this contract. Specifically, no requirement in these specifications may be altered through verbal clarification. Only a warranted Contracting Officer, acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
Contracting Officer’s Representative (COR) Gary.W.Larsen@usace.army.mil 907-361-3309
6.2 Technical Point of Contact (TPOC). TPOCs offer technical backgrounds as subject matter experts (SMEs) in areas relevant to the contract. TPOCs provide value added technical feedback to the vendor and contractor performance feedback to the COR. TPOCs may coordinate with the contractor to consult, assist with access to necessary government data, hardware, or supplies, review progress reports, review deliverables, and act as the government sponsor where engagement with other government entities is required (e.g., site access, product transition).
Technical Point of Contact (TPOCs) Anna.M.Wagner@usace.army.mil 907-227-5452
7. CONTROLLED UNCLASSIFIED INFORMATION (CUI).
Regarding DFARS clauses 252.204-7012 and 252.204-7020, there is no CUI data involved in this contract effort.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-16 Responsibility For Supplies APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 09-SEP-2024 TO
13-SEP-2024
N/A PR W2R2 COLD RGNS RSCH ENG LAB
GARY LARSEN
USA CRREL - AKRO
BUILDING 4070, 9TH STREET
FT. WAINWRIGHT AK 99703
(907) 361-3309 FOB: Destination
W14GQK
52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
INVOICING INSTRUCTIONS
A proper invoice must include the following items:
• Name and address of the contractor (must match SAM registration information)
• Invoice date and invoice number
• Contract number (ex., W913E524P0001)
• Description, quantity, unit of measure, unit price, and extended price of supplies delivered, or services
Performed
• Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms)
Submit invoice via email to:
CEFC-Payments@usace.army.mil
To avoid delay in payment, include in the email CC line, the following:
Primary Invoice Receiver: To be determined at time of award Backup Invoice Receiver: To be determined at time of award Technical Point of Contact: To be determined at time of award Contracting Officer’s Representative: To be determined at time of award
If more than one invoice is required, the Contractor’s final invoice shall be submitted within 45 days after the final period of performance date specified in the contract. The invoice must be clearly marked “final” and submitted as outlined above.
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
Section I - Contract Clauses
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
MAR 2023
52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber
Incident Reporting (DEVIATION 2024-O0013)
MAY 2024
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro
Regime
JAN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
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
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (6) [Reserved]
___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.
C).
___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.
L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.
115-390, title II).
___ (ii) Alternate I (DEC 2023) of 52.204-30.
X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved]
____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
X (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (17) [Reserved]
____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-6.
____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (SEP 2023) of 52.219-9.
____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (ii) Alternate I (MAR 2020) of 52.219-13.
____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
____ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (44)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-14.
____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (JUN 2014) of 52.223-16.
X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
____ (iii) Alternate II (DEC 2022) of 52.225-3.
____ (iv) Alternate III (FEB 2024) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).
____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.
117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/regulations
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section J - List of Documents, Exhibits and Other Attachments
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Wage Determination
2015-5683
26-DEC-2023
Section K - Representations, Certifications and Other Statements of Offerors
52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (FEB 2024) Alternate I
FEB 2024
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
252.203-7005 Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
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
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors
JAN 2023
252.225-7055 Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
Section L - Instructions, Conditions and Notices to Bidders
INSTRUCTIONS TO OFFERORS
PROPOSALS ARE DUE BACK TO Rhoda.A.Lewis@usace.army.mil NOT LATER THAN 12:00 PM
CST ON 12 JUNE 2024.
It is the offeror's responsibility to ensure that the proposal submitted is complete and accurate. Corrections will not be made by the Government. The quote must show that your services will meet the performance specifications outlined in Section C, Performance Work Statement.
Offerors are required to have an active System for Award Management registration, no active exclusions, and BOTH FAR AND DFARS representations and certifications completed in order to receive a Department of Defense contract award. Representations and certifications should be completed by the proposal due date to avoid any unnecessary delays in contract award. Depending on the needs of the requiring activity, the Government may or may not provide additional time to register with SAM. Ensure that all representations and certifications required by this Request for Proposal are either included in the online FAR and DFARS report and/or included with your proposal submission.
A signed copy of this RFP shall be included in your submission. The proposal shall also address the following items:
1) A Primary Point of Contact (POC) and alternate POC, including phone numbers and emails, who has authority to make decisions for the company
2) The company’s CAGE Code and/or Unique Entity Identifier (UEI) number
3) Experience Requirement: Quotes must demonstrate that the offeror has experience performing trenching and installation of fiber optic cable as well as experience with high-density polyethylene (HDPE).
Offerors must provide at least three (3) references for similar services performed within the past five (5) years.
4) Pricing: The proposal shall include prices for each contract line item number (CLIN) located in Section B. Failure to submit prices for any of the services required will deem a quote non-responsive and no consideration for award will be given. The fixed prices proposed, if deemed fair and reasonable, will become part of the award.
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/content/regulations
(End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
Section M - Evaluation Factors for Award
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:
i. Offeror’s ability to meet the technical and performance requirments listed in the PWS;
ii. Offeror’s ability to meet the experience requirements listed in the PWS and Section L, Instructions to Offerors;
iii. Ability to meet the period of performance requirements – 09 September 2024 through 13
September 2024;
iv. Total quoted price
Award will be made to the responsible offeror whose quote represents the best value to the Government, considering all evaluation factors. The basis for award will be an acceptable quote, the price of which may not be the lowest.
(b) 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.
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