B08. W9126G22Q0037 Solicitation.pdf

US Army Corps of Engineers Fort Worth District

Joe Pool Cleaning and Landscaping

Joe Pool Project Office Cedar Hill, TX, 75105

REQUEST FOR QUOTE

W9126G22Q0037

Section SF 1449 - CONTINUATION SHEET

CLAUSES INCORPORATED BY FULL TEXT

INSTRUCTIONS TO OFFERORS

JOE POOL CLEANING AND LANDSCAPING SERVICES

Request for Quotes (RFQ): This RFQ is issued as a 100% small business set-aside for small business concerns.

The applicable NAICS is 561720, with a small business size standard of $19.5M.

Scope of Work: The contractor shall accomplish Cleaning and Landscaping Services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 must result in all areas and facilities being left in proper working condition, adequately supplied and free of insects, insect nests, webs, dust, dirt, debris, grime, scum, grease, gum, fecal and organic matter, stains, markings, graffiti, garbage, litter, standing water and any other material, so that the facilities are in a clean, sanitary and odor free condition.

Solicitation Number: W9126G22Q0037 Solicitation is issued by:

US ARMY CORS OF ENGINEERS FORT WORTH

819 TAYLOR ST., CT OFC RM 2A17

FORT WORTH, TX. 76102-0300

OFFEROR DUE DATE/LOCAL TIME: Tuesday, May 24, 2022 / 12:00 PM CST POINT OF CONTACT: Allen L. Holmes Phone: (817) 886-1035 Email Copy to: Allen.L.Holmes@usace.army.mil

Quotes shall be accepted via “EMAIL ONLY,” no fax, mail, express mail, or hand carry, “NO EXCEPTIONS.”

EMAIL your proposal to: Allen.L.Holmes@usace.army.mil. Subject line of email must include the solicitation number and your Company Name.

For additional help contact your local Procurement Technical Assistance Centers (PTAC). Centers were created by Congress to assist business seeking to complete on federal contracts. Services are generally free; however, a small fee may be charged for certain services. Please use website https://www.aptac-us.org/ to contact a center to assist to you in the preparation for a federal contract, registering in SAM or other required systems.

SYSTEM FOR AWARD MANAGEMENT (SAM) is REQUIRED to receive an award on all federal government contracts. Therefore, contractors are encouraged to begin this process sooner rather than later. If already registers, please ensure your registration is ACTIVE. The website to register with SAM is: https://sam.gov/content/home.

ONLINE REPRESENTATIONS AND CERTIFICATES APPLICATIONS (ORCA) allows contractors to complete a one-time certification and representations for your use on any solicitation. The website to complete ORCA is available at the System for Award Manager (SAM): https://sam.gov/content/home. The information previously maintained in CCR, FedReg and ORCA now is contained within the Entity Management area in SAM.

Legacy EPLS information resides in the performance Information area of SAM.

WAGE RATES: The Service Contract Act Applies (see attached wage rates in Section J).

Note: Does not apply to Contractors registered in System for Award management (SAM) as Sole Proprietorships.

VENDOR INFORMATION SHEET

Solicitation Number: W9126G22Q0037

Project name: JOE POOL CLEANING AND LANDSCAPING SERVICES

IN THE EVENT OF AWARD, ISSUE CONTRACT TO:

COMPANY NAME: ____________________________________________________

POINT of CONTACT (POC): ____________________________________________ (Last, First Middle)

ADDRESS: __________________________________________________________

(Number & Street) (City, State, Zip)

PHONE NUMBER: ______________________ MOBILE: ____________________

(Area Code and Number) (Area Code and Number)

EMAIL ADDRESS: _____________________________________________________

DUNS NUMBER: ____________________ CAGE NUMBER: ___________________

UNIQUE ENTITY ID: ____________________

Vendor’s Online Representation and Certification Application (ORCA) are updated in SAM

Yes No

Signature Date

Below is a checklist to ensure all the proper documents are returned for consideration on this solicitation.

Only those items checked below as “Required: must be returned

Required Items ☒ 1. Submit Past Performance Questionnaire (PPQ), ☒ 2. Complete Quote(s)

See Attached Estimate Sheet- All CLIN amounts filled out completely is REQUIRED

- The Contractor should define their quote on a monthly rate for the services rendered and base their submittals on a steady rate for the period of performance.

Signed Amendments if Applicable (Blocks 15a -15c) Note: Check schedules for mathematical errors

☒ 3. Complete vendor information sheet or provide a document with similar information Remember to sign AND date.

☒ 4. The provisions at 52.212-1, 52.212-2, 52.212-4 and 52.212-5 apply to this acquisition. Confirm vendor’s 52.212-3 Alt I ORCA is updated in SAM on the vendor information sheet.

☒ 5. You must have an active SAM registration prior to award

☒ 6. Send the Past Performance Questionnaire to a former customer or person who can vouch for your past performance.

☒ 7. See the Attached Quick Entry Guide to assist with entering NIST Assessment.

National Institute of Standards and Technology (NIST)

Please NOTE this solicitation requires offerors to enter a National Institute of Standards and Technology (NIST) score in the Supplier Performance Risk System (SPRS) prior to responding to this solicitation. The NIST score is a responsiveness item. Bids/offers from contractors with a NIST score in SPRS will be considered responsive and evaluated/considered. Those without a NIST score in SPRS prior to award will be deemed NON-RESPONSIVE and thus not evaluated/considered for award. * If the apparent awardee does not correct the omission by refusing to enter its NIST score within 14 days after the allotted time then it can be safely deemed “not responsible”.

Reference: 252.204-2019 - Notice of NIST SP 800-171 DoD Assessment Requirements Reference: 252.204-7020 - NIST SP 800-171 DoD Assessment Requirements Contact Help Desk at (866)618-5988 for additional assistance.

See the Attached Quick Entry Guide to assist with entering NIST Assessment.

☒ 8. Scan all documents into a single.pdf file. PDF only authorized format

HAND WRITTEN BID SCHEDULES WILL NOT BE ACCEPTED!

☒ 9. EMAIL your quote to:

Allen.L.Holmes@usace.army.mil Subject line of email must include the solicitation number and Company Name.

NIST SP 800-171

NIST SP 800-171 QUICK ENTRY GUIDE

VERSION 3.3

NSLC PORTSMOUTH BLDG. 153-2 PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NH 03804-5000

Approved for public release, distribution is unlimited.

NIST SP 800-171 Quick Entry Guide SPRS Release V 3.3

1. NIST SP 800-171 Assessment Database: The purpose of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 is to protect Controlled Unclassified Information (CUI) in Nonfederal Systems and Organizations.

This database contains data associated with NIST SP 800-171 Assessments.

2. PIEE Access: A “SPRS Cyber Vendor User” role is required to enter Basic Assessment information. Step-by-step PIEE Access Instructions can be found here.

https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf

3. SPRS Application Access: To Access SPRS, follow the below steps:

a. PIEE landing page: https://piee.eb.mil/piee-landing/

b. Click “log-in” and follow prompted log-in steps

Screenshot Dtd 2 NOV 2020

c. Select the SPRS Icon:

d. Select NIST 800-171 Assessment:

3.1 Creating a Header: A “Header” is required for each Highest Level Owner (HLO) CAGE. If a Basic Confidence Level header does not already exist for your HLO, it may be created by selecting “+ Create New HLO CAGE” from the Header View:

*Note: If you have SPRS access but do not see the create buttons, please confirm your “SPRS Cyber Vendor User” role has been activated in PIEE.

3.2 Header View: The header page only displays the HLO(s) for a company and will contain up to four rows per HLO, one for each Confidence Level (Basic, Medium, High Virtual, and High On-site). Basic is the only vendor self-assessed confidence level.

Version 3.3 AUG 2021 1 https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Access_Instructions.pdf https://piee.eb.mil/piee-landing/ https://piee.eb.mil/piee-landing/

NIST SP 800-171 Quick Entry Guide SPRS 3.3

*Note: CAGE Hierarchy is imported from the System for Award Management (SAM).

Contact your company’s CAGE hierarchy authority to have your data updated in SAM.

Updates typically flow to SPRS within 48 hours.

3.3 Detail View: From the header view select “View Details” at the Basic confidence level to view, enter, and edit assessment summary results associated with any CAGE within that HLO’s hierarchy (see arrow above, section 3.2):

3.4 Assessment Entry: Select “+ Add New Assessment” button within Detail View

(see arrow above, section 3.3), enter assessment summary results within the Enter Assessment Details page, and select “Save”:

*Note: The Assessment Methodology and System Security Plan should be completed prior to entering assessment summary results within SPRS.

*Note: Information related to each data field may be viewed by moving the cursor over the field title or column header.

3.5 Assessment Edit: The user may update as necessary to reflect the company’s current status. While viewing the NIST assessments in Details View (Section 3.3 above), click the pencil icon to edit assessment details.

Version 3.3 AUG 2021 2

NOTE: NAVFAC/USACE REQUESTS THAT THE CLIENT COMPLETES THIS QUESTIONNARIE AND

SUBMITS DIRECTLY BACK TO THE OFFEROR. THE OFFEROR WILL SUBMIT THE COMPLETED

QUESTIONNAIRE TO USACE WITH THEIR PROPOSAL, AND MAY DUPLICATE THIS

QUESTIONNAIRE FOR FUTURE SUBMISSION OF USACE SOLICITATIONS. CLIENTS ARE

HIGHLY ENCOURAGED TO SUBMIT QUESTIONNAIRES DIRRECTLY TO THE OFFEROR.

HOWEVER, QUESTIONNAIRES MAY BE SUBMITTED DIRECTLY TO USACE. PLEASE CONTACT

NAVFAC/USACE PAST PERFORMANCE QUESTIONAIRE (Form PPQ-0) CONTRACT INFORMATION (Contractor to complete Blocks 1-4)

1. Contractor Information Firm name: CAGE Code:

Address: DUNS Number:

Phone Number: Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of Project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information Contract Number:

Delivery/Task Order Number (if applicable):

Contract type: Firm Fixed Price Cost Reimbursement Other (please specify):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy) Explain Differences:

Original Contract Price (Award Amount):

Final contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work: High Med Routine How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information Name:

Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

THE OFFEROR FOR USACE POC INFORMATION. THE GOVERNMENT RESERVES THE RIGHT TO

VERIFY ANY AND ALL INFORMATION ON THIS FORM.

AFTER COMPLETION, PLEASE EMAIL TO: Allen.L.Holmes@usace.army.mil. Ensure the former employer references the solicitation number in the email subject line.

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATIONOF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

(E) Exceptional Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

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

A Very Good rating is appropriate when the Contractor successfully performed a significant event that was a benefit to the Government/Owner. There should have been no significant weaknesses identified.

(S) Satisfactory Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. 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.

A Satisfactory rating is appropriate when there were only minor problems, or major problems that the contractor recovered from without impact to the contract. There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(M) Marginal Performance meets contractual requirements and exceeds many to the Government/Owner’s benefit. The contractual performance of the element or sub-element being assessed 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.

A Marginal is appropriate when a significant event occurred that the contractor had trouble overcoming which impacted the Government/Owner.

(U) 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 serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

An Unsatisfactory rating is appropriate when multiple significant events occurred that the contractor had trouble overcoming and which impacted the Government/Owner. A singular problem, however, could be of such serious magnitude that it alone constitutes an unsatisfactory rating.

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY

a) Quality of technical data/report preparation efforts E VG S M U N

b) Ability to meet quality standards for technical performance E VG S M U N

c) Timeliness/effectiveness of contract problem resolution without extensive customer guidance.

E VG S M U N

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E VG S M U N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met, please address below)

E VG S M U N

b) Rate the contractor’s use of available resources to accomplish tasks identified in the contract E VG S M U N

3. CUSTOMER SATISFACTION:

a) To what extent were the end users satisfied with the project? E VG S M U N

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)

E VG S M U N

c) To what extent was the contractor cooperative, businesslike, and concerned with the interests of the customer? E VG S M U N

d) Overall customer satisfaction E VG S M U N

4. MANAGEMENT/PERSONNEL/LABOR

a) Effectiveness of on-site management, including management of subcontractors, suppliers, materials, and /or labor force? E VG S M U N

b) Ability to hire, apply, and retain qualified workforce to this effort E VG S M U N

c) Government Property Control E VG S M U N

d) Knowledge/expertise demonstrated by contractor personnel E VG S M U N

e) Utilization of Small Business concerns E VG S M U N

f) Ability to simultaneously manage multiple projects with multiple disciplines E VG S M U N

g) Ability to assimilate and incorporate changes in requirement and/or priority, including planning, execution and response to Government changes

E VG S M U N

h) Effectiveness of overall management (including ability to effectively lead, manage and control the program) E VG S M U N

5. COST/FINANCIAL MANAGEMENT

a) Ability to meet the terms and conditions within the contractually agree price(s)? E VG S M U N

b) Contractor Proposed innovative alternative methods/processes that reduced cost, improved maintainability or other factors that benefited the client

E VG S M U N

(N) Not Applicable No information or did not apply to your contract

Rating will be neither positive or negative.

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back-up documentation, monthly status reports.

Budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

E VG S M U N

d) In the Contractor’s accounting system adequate for management and tracking of costs? If no, please explain in Remarks section. YES NO

Continuation of Client Evaluation:

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

YES NO

f) Have there been any indication that the contractor has had any financial problems? If yes, please explain below.

YES NO

6. SAFETY/SECURITY

a) To What extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements, regarding housekeeping, safety, correction of noted deficiencies, etc.)

E VG S M U N

b) Contractor complied with all security requirements for the project and personnel security requirements. E VG S M U N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues)

E VG S M U N

b) Compliance with contractual terms/provisions (explain if specific issues)

E VG S M U N

c) Would you hire or work with this firm again? (If no, please explain below)

YES NO

d) In Summary, provide an overall rating for the work performed by this contractor. E VG S M U N

Note: Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Base Yr: Joe Pool Cleaning

FFP

The contractor shall accomplish cleaning services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2022 - 31 MAY 2023

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035 FOB: Destination

PSC CD: S208

NET AMT

0002 12 Months Base Yr: Joe Pool Landscaping

FFP

The contractor shall accomplish landscaping services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2022 - 31 MAY 2023

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035

1001 12 Months OPTION Opt Yr 1: Joe Pool Cleaning

FFP

The contractor shall accomplish cleaning services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2023 - 31 MAY 2024

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035

1002 12 Months OPTION Opt Yr 1: Joe Pool Landscaping

FFP

The contractor shall accomplish landscaping services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2023 - 31 MAY 2024

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035

2001 12 Months OPTION Opt Yr 2: Joe Pool Cleaning

FFP

The contractor shall accomplish cleaning services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2024 - 31 MAY 2025

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035

2002 12 Months OPTION Opt Yr 2: Joe Pool Landscaping

FFP

The contractor shall accomplish landscaping services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2024 - 31 MAY 2025

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035

3001 12 Months OPTION OPTIONAL CLIN: Joe Pool Cleaning

FFP

In accordance with FAR 52.217-8 -- Option to Extend Services -- the total extension of performance hereunder shall not exceed 6 months. Should the Government exercise its right to extend the contract under FAR Clause 52.217-8, the Contractor wiIll be held to the pricing for this CLIN submitted at time of award.

The contractor shall accomplish cleaning services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS.

Period of Performance: 01 JUNE 2025 - 01 DECEMBER 2025

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035 FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 12 Months OPTION OPTIONAL CLIN: Joe Pool Landscaping

FFP

In accordance with FAR 52.217-8 -- Option to Extend Services -- the total extension of performance hereunder shall not exceed 6 months. Should the Government exercise its right to extend the contract under FAR Clause 52.217-8, the Contractor wiIll be held to the pricing for this CLIN submitted at time of award.

The contractor shall accomplish landscaping services at Joe Pool Lake. The Contractor’s cleaning services for all of the areas and facilities listed in Part 1.2 in the PWS

Period of Performance: 01 JUNE 2025 - 01 DECEMBER 2025

CT POC: Allen L. Holmes, Allen.L.Holmes@usace.army.mil or 817.866.1035

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government N/A Government 0002 Destination Government N/A Government 1001 Destination Government N/A Government 1002 Destination Government N/A Government 2001 Destination Government N/A Government 2002 Destination Government N/A Government 3001 Destination Government N/A Government 3002 Destination Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2022 TO

31-MAY-2023

N/A JOE POOL LAKE

USAED, FORT WORTH

PO BOX 872

CEDAR HILL TX 75106-0872

972/299-2227 FOB: Destination

W9126G

0002 POP 01-JUN-2022 TO

31-MAY-2023

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W9126G

1001 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W9126G

1002 POP 01-JUN-2023 TO

31-MAY-2024

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W9126G

2001 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W9126G

2002 POP 01-JUN-2024 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W9126G

3001 POP 01-JUN-2025 TO

01-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W9126G

3002 POP 01-JUN-2025 TO

01-DEC-2025

N/A (SAME AS PREVIOUS LOCATION)

W9126G

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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

DEC 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.217-3 Evaluation Exclusive Of Options APR 1984 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

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

Subcontractors

DEC 2021

52.237-1 Site Visit APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

COMPARATIVE EVALUATION – FAR 13.106-2 (b)(2) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation that provides the best benefit to the Government, price and other factors considered.

Offers will be evaluated by performing a comparative evaluation in accordance with FAR 13.106-2(b)(3) to determine which response represents the “best” as a whole. Comparative Evaluations is the act of comparing two or more offers or proposal in response to the RFQ.

Quotes are first evaluated to ensure all RFQ submission requirements are met. If the Quotes will be evaluated by performing a direct comparison of one offer with another in a uniform manner to determine which provides the government with is needed, as identified in the RFQ. If the RFQ submission requirements have not been met, the Contracting Officer shall deem the offeror non-responsive.

The comparison also performed to compare each offeror to one another to determine which provides the best benefit to the government. The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government.

The government has the discretion to accept other than the lowest priced offeror that provides additional benefits.

The government also has the discretion to make an award based on whether the lowest priced of the quotations/offers having the highest past performance rating possible represents the best benefit to the government.

The following factors shall be used to evaluate offers:

Factor 1: Price

Prices will be evaluated for fairness and reasonableness through a price analysis that compares the offered prices against each other and the independent government estimate. Award shall not be made to an Offeror’s proposal for goods or services that is found to be unbalanced and/or unreasonably low or high.

Factor 2: Past performance

Past Performance Questionnaire (PPQ) forms provided in the solicitation shall be completed and submitted as specified in the Instructions to Offerors. They will be evaluated to assess the degree of confidence the Government has in an Offeror's ability to supply products and services that meet users' needs based on a demonstrated record of recent and relevant work similar to the work described in this solicitation. Recent or relevant work is defined as similar work within the past four (4) years.

The Contracting Officer shall deem the offeror non-responsive if they fail to provide recent and relevant past performance prior to award IAW FAR 52.212-1(b)(10). If for any reason the contractor does NOT have recent or relevant past performance, they are still required to submit a PPQ with a brief narrative explaining “No Recent or Relevant Past Performance”. An offeror that submits a PPQ that is deemed neither recent nor relevant will be treated as “NEUTRAL”. An offeror must submit one PPQ with a satisfactory, higher rating, or neutral to be deemed eligible for award.

The Government reserves the right to evaluate past performance based on such information as the contracting officer’s knowledge and previous experience with the item or service being purchased, customer surveys, or other reasonable basis, without the existence of a formal database.

Factor 3 – Technical Approach and Understanding of the Work

This factor considers whether the Offeror demonstrates an understanding of the complexity and magnitude of requirements set forth in the Performance Work Statement. At a minimum, the quote shall include a brief narrative (conceptual work plan) that clearly demonstrates an understanding of the requirements of the solicitation. The narrative shall address how the Offeror will perform, develop and implement the work plan. It shall not exceed two pages.

SUBMISSION REQUIREMENTS:

At a minimum, the quote for this factor shall include a brief narrative (conceptual work plan) that clearly demonstrates an understanding of the requirements of the solicitation. The narrative shall at minimum address:

1. Work in terms of coordination with outside agencies, contractors, and government personnel to ensure safety, compliance and with federal and state regulations and performance requirements in an efficient manner.

2. Offeror will demonstrate how to manage resources at the work sites during weekdays, weekends, and holidays when applicable.

3. How the contractor will prevent rework and if rework is necessary how it will be addressed.

4. Resources (to include management and administrative) to perform requirements of the Performance Work Statement (PWS).

(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.

FAILURE TO SUBMIT ALL TO SUBMSSION REQIREMENTS FOR

SOLICTATION WILL RESULT IN A NON-RESPONSIVE

PROPOSAL/QUOTE AND OFFEROR WILL NOT BE CONSIDERED FOR

AWARD

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

COMMERCIAL SERVICES (NOV 2021)

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. 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 concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.