B08 - Solicitation - UST Removal - W52P1J22Q3040.pdf

SEE ADDENDUM

(No Collect Calls)

W52P1J22Q3040 22-Apr-2022

b. TELEPHONE NUMBER

309-782-3586

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 06 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RILEY J. DEBROCK

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

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 W41G26 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

10-040 KABRICH CIRCLE

PINE BLUFF AR 71602-9500

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$39,500,000

NAICS:

237120

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 OF31

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.

W52P1J22Q3040

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NARRATIVE

1. The United States Army Contracting Command - Rock Island requests a quote for the removal of Underground Storage Tanks (UST) on the Pine Bluff Arsenal, Pine Bluff, AR in accordance with (IAW) FAR Part 12 and FAR Part 13. All work is to be done IAW Attachment 0001 - Scope of Work (SOW) UST Removal – 8 Feb 2022. This is a combined synopsis/solicitation for services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. Solicitation W52P1J22Q3040 is issued as a Request for Quote (RFQ). This RFQ is issued as a 100% Small

Business Set Aside, under NAICS 237120, with a small business size standard of $39,500,000.00.

3. The Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04.

4. The Government intends to award a single Firm Fixed Price (FFP) type contract from this solicitation to the lowest price, technically acceptable as determined by the Addendum to 52.212-1 (Instructions to Offerors).

5. The Contract Line Item Numbers (CLINs) requested include the following:

i. CLIN 0001 – Underground Storage Tank (UST) Removal – 1 Lot

ii. CLIN 0002 – Contract Data Requirements List (CDRL) - NSP

6. The Government anticipates price competition, therefore, certified cost or pricing data is not required to be submitted with the offeror’s proposal. However, the Government reserves the right to request other than certified cost or pricing data in the event price competition does not exist.

7. Offerors are cautioned to ensure their proposals are fully complete, including all fill-ins and blanks in the

RFQ. Any Offeror submitting a proposal agrees by submission that their proposal and the prices contained therein will be valid for 60 days after receipt of final proposals.

8. Period of Performance for any awarded contract resulting from this solicitation shall begin NLT 30 days after

Notice to Proceed (NTP). Work shall be complete NLT 150 days after NTP. Work to be conducted at Pine Bluff Arsenal, 506th Street, Pine Bluff, Arkansas 71602-9500

9. Offerors should note the provision at FAR 52.212-1, “Instructions to Offerors”. The Government intends to award a contract resulting from this RFQ without discussions. Therefore, Offeror’s initial proposals should contain the best terms. The Government does however, reserve the right to conduct discussions if determined necessary by the Contracting Officer.

10. The prevailing Davis-Bacon Act for wage determination will be incorporated into the resultant contract and will be in effect for the entire performance period of the resultant contract. The most recent wage determination can be found online at: https://www.sam.gov or see Attachment 0002 of this solicitation.

11. Contractor questions regarding solicitation and work contained in the SOW are due no later than 1000 (10:00AM) CST on 28 April 2022 in order to ensure that all questions can be answered and posted for all Offeror’s knowledge prior to solicitation closing. All questions should be directed in writing to Mr. Riley DeBrock by email, riley.j.debrock.civ@army.mil, providing the RFQ number, W52P1J22Q3040 in the subject line.

12. Solicitation W52P1J22Q3040 incorporates provision at 52.212-1, Instructions to Offerors- Commercial Services, applies to this acquisition and an addendum to the provision is provided.

13. Solicitation W52P1J22Q3040 incorporates provision 52.212-2, Evaluation – Commercial Services. Provision 52.212-2 provides evaluation criteria in the addendum to provision 52.212-2.

14. Solicitation W52P1J22Q3040 incorporates provision 52.212-3, Offeror Representations and Certifications –

Commercial Services. As such, a completed copy should be provided with your offer.

15. Solicitation W52P1J22Q3040 incorporates provision at 52.212-4, Contract Terms and Conditions – Commercial Services, applies to this acquisition and an addendum to the provision is provided.

16. Solicitation W52P1J22Q3040 incorporates provision at 52.212-5, Contract Terms and Conditions Required

To Implement Statutes or Executive Order - Commercial Products and Commercial Services, and any clauses indicated by an “X” in the Full-Text Clause.

17. Quote submission deadline is listed in BLOCK 8 of this solicitation. Quotes shall be sent electronically to riley.j.debrock.civ@army.mil.

Quote submission must be sent electronically to riley.j.debrock.civ@army.mil. No hard copies will be accepted.

Offers shall reference solicitation number W52P1J22Q3040 and company name in the email subject line.

In email body, please request receipt to confirm delivery.

There is no drop-box system for quote submittal.

Our email system standard is an estimated limit of ten (10) megabytes per incoming email.

Please be aware that large files may require extra time to be delivered into our email system. All proposal documents must be fully delivered into the email system, and time- stamped by the Government server no later than BLOCK 8 of this document.

18. Solicitation W52P1J22Q3040 requires the submission of a bid bond, at the lesser value of 20% of the total bid, or $3,000,000.00. The performance and payment bonds due no later than (NLT) ten (10) calendar days after award.

19. This executive summary is provided as an administrative convenience and is not intended to alter the terms and conditions of the solicitation in any way. Any inconsistencies between this executive summary and other solicitation provisions shall be resolved in favor of the other solicitation provisions.

20. Clauses and provisions from the FAR and supplements thereto are incorporated into this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.

21. Offeror is required to be registered in the System for Award Management (SAM) database when submitting an offer, and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation.

22. Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.sam.gov/SAM/ or by calling 866-606-8220. Contractors shall be registered in SAM.gov to be considered for this solicitation.

23. This RFQ should not be discussed with any Government employee except the Contracting Officer, Ms.

Ashley Fahrenkrug or the Contract Specialist, Mr. Riley DeBrock. Failure to adhere to this restriction may be grounds to declare your firm ineligible for consideration of any award resulting from this competitive acquisition.

24. The Government representative for the RFQ is Mr. Riley DeBrock, at riley.j.debrock.civ@army.mil.

Comments or questions should be directed in writing to Mr. DeBrock by email, providing the RFQ number, W52P1J22Q3040 in the subject line.

25. Attachments for Solicitation W52P1J22Q3040 include the following:

i. Attachment 0001 – Statement of Work – UST Removal – 8 Feb 2022

ii. Attachment 0002 – Davis Beacon Act – Wage Determination

iii. Attachment 0003 – UST Removal Question and Answers

iv. Exhibit A001 – CDRL CLIN 0002

OPERATIONS SECURITY (OPSEC) REQUIREMENTS

Access and General Protection/Security Policy and Procedures.

Contractor and all associated sub-contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation provost marshal office, director of emergency services, or security office. Contractor workforce must comply with all personal identification verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1. AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area.All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel.

AT level I awareness training is available at the following website:http://jko.jten.mil

2. For contractors that do not require CACs, but require access to a DOD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

2b. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

4. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO OFFERORS, 52.212-1

1. GENERAL INSTRUCTIONS: These instructions are a guide for preparing your quote. These instructions generally describe the type and extent of information you should provide and address in your quote. You should include in the quote sufficient information to enable the evaluators to determine your understanding of the requirements in each of the evaluated factors. It is the U.S. Government's intent to award a single Firm-Fixed-Price (FFP) contract. A Lowest Price Technically Acceptable (LPTA) evaluation process is being utilized to select the successful offeror and no trade-offs will be made. The U.S. Government intends to evaluate quotes and award without discussions with offerors, except minor clarifications. Therefore, the offerors initial response should contain the offeror’s best terms and price. However; the U.S. Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

2. QUOTE SUBMISSION AND FORMAT: The offeror’s quote shall be prepared and authorized by a person regularly employed by the offeror. The quote should state the name of the person submitting the quote, the person’s position title, phone number, and email address. The quote should be prepared in a clear, legible, practical manner.

The signature on this solicitation, quote or contract, should be the signature of: (a) a Corporate Officer (President, Vice-President, Treasurer, Secretary); or, (b) an individual authorized in writing by a Corporate Officer to bind the company to a legal documenting addition. The quote shall be written in English and should be specific and complete as described in these instructions.

Offerors must submit their quotes in electronic format prior to the closing date and time listed on the first page of this solicitation. Quotes may be emailed to the Contract Specialist listed below:

Contract Specialist: Mr. Riley J. DeBrock at riley.j.debrock.civ@army.mil Failure to provide a complete quote package will result in the offer being determined non-responsive and your company will no longer be considered for award.

The quote shall remain valid for 60 days after submission, and be submitted in accordance with the following instructions and requirements pertaining to technical factors and price.

3. Technical Factors: The quote shall be submitted in accordance with the following instructions and requirements pertaining to the technical Factor: Project Plan

A. Factor 1: Project Plan:

Each offeror’s quote must fully address all of the technical requirements called out in Attachment 0001 - Statement of Work – UST Removal – 8 Feb 2022 in their own Project Plan. The Project Plan shall be a written plan which provides evidence that the offeror will meet the performance characteristics required. As part of the plan, the offeror shall include how they intend to meet requirements set forth in the Technical Specification:

a. Contractor Responsibilities stated in Section 2.1 through Section 2.5 of Attachment 0001 - Statement of Work – UST Removal – 8 Feb 2022, as summarized below. The Contractor should describe what they intend to do in order to complete the design in sufficient detail and convey to the Government they understand the requirements.

i. The Contractor shall remove three Underground Storage Tanks, and terminate all connections to and from the removed tanks (paragraph 2.1).

ii. The Contractor shall restore the site to reflect surrounding areas and as prescribed by DEQ

Regulation 12 (paragraph 2.2).

iii. The Contractor shall comply with DEQ’s Underground Storage Tank Division for environmental sampling and analysis. (paragraph 2.3)

iv. The Contractor shall provide a copy of their DEQ UST License and perform work only if they currently hold a DEQ UST License. (Paragraph 2.4).

v. The Contractor shall provide all labor, equipment, and materials to complete the removal of the three (3) USTs identified. (paragraph 2.4)

vi. The Contractor shall remediate any contamination to the extent not to exceed $10,000.00.

(paragraph 2.5)

b. The Contractor shall describe their proposed Work Breakdown Structure and identify all sub-contractors and their responsibilities.

The project plan (including the work breakdown instruction) is to be limited to 50 pages. The U.S. Government defines a page as a single sided, 8 ½” x 11” sheet, single line spacing, with no less than 12-point font, and page margins of 1” on top, bottom, and both sides of each page. The only exceptions allowed for font size reduction are organization charts or other graphic illustrations. In those instances where font reduction is allowed, the U.S.

Government requires that the font be no smaller than 10-point font. The U.S. Government will count the pages in the Project Plan and remove any pages beyond the maximum 50 page limit. The U.S. Government will not consider any pages in the Project Plan over the 50-page maximum total in the evaluation. The USG will not consider the cover, title page, table of contents, or acronym lists in the Project Plan as part of the 50 page limit. The Project Plan pages shall be appropriately numbered.

Price:

a. Contract Line Item Number 0001 is Firm-Fixed-Priced (FFP) for this solicitation. The offerors shall enter a FFP for the completion of the removal of three (3) Underground Storage Tanks, as well as the termination of the pipes to and from the tanks. The tanks include 2,000 gallon UST, 4,000 gallon UST, and 1,000 gallon UST. The offerors shall enter a FFP on CLIN 0001 for the completion of the project.

END OF ADDENDUM - 52.212-1 – INSTRUCTIONS TO OFFERORS

ADDENDUM TO 52.212-2

EVALUATION CRITERIA, 52.212-2

1. Basis for Contract Award: The U.S. Government plans to award a single Firm-Fixed-Priced (FFP) Contract utilizing the Lowest Price Technically Acceptable (LPTA) source selection procedures in accordance with Federal Acquisition Regulation (FAR) 13.106-2.

2. The evaluation factors include Technical (Acceptable/Unacceptable) and Price. In the event an offeror receives an unacceptable rating in Technical, it will result in the quote being determined non-responsive and will not be considered further for price evaluation. Award will be made to the responsible offeror whose quote conforms to the Request for Quote (RFQ), and is determined to be technically acceptable and has lowest price that is determined to be fair and reasonable.

3. The U.S. Government intends to evaluate quotes and award a purchase order without discussions with contractors.

Therefore, the offeror’s initial quote should contain their best terms for technical and price. However; the U.S.

Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

4. TECHNICAL EVALUATION FACTORS:

Factor 1: Project Plan:

The quote must clearly and convincingly communicate the technical capabilities of the offeror to perform the work required as described in the Technical Specification, Attachment 0001 - Statement of Work – UST Removal – 8 Feb 2022. It must also clearly indicate the offeror has a thorough understanding of the requirements and is able and willing to devote the necessary resources to meet the requirements stated in the Technical Specification.

The U.S. Government will evaluate the offeror’s quote with the following definitions:

ACCEPTABLE: Plan should demonstrate full understading of the requirements in Section 2, Detailed Scope of Work, of Attachment 0001 - Statement of Work – UST Removal – 8 Feb 2022, including:

i. Submission demonstrates plan to remove UST and terminate all connections to and from the removed tanks.

ii. Submission addressed the need to restore the site to reflect the surrounding areas and as prescribed by DEQ Regulation 12.

iii. Submission addressed DEQ Regulation 12.

iv. Submission addressed environmental sampling and associated analysis in compliance with DEQ’s

UST Division.

v. Submission provided the required DEQ UST License.

vi. Submission addressed contamination acknowledgment.

UNACCEPTABLE: Failure to provide a plan addressing a full understanding of the requirements in Section 2, Detailed Scope of Work, of Attachment 0001 - Statement of Work – UST Removal – 8 Feb 2022 summarized in bullets i – vi above.

5. PRICE FACTOR:

The price will be evaluated but will not be assigned a rating. Only those offerors receiving a Technically Acceptable Rating will be considered further for a price evaluation.

The Total Evaluated Price (TEP) will be analyzed utilizing proposal analysis techniques, IAW FAR 13.106-2(a), to determine price reasonableness.

The U.S. Government anticipates using competition to determine price reasonableness. However, if adequate price competition is not received, the U.S. Government reserves the right to require the submission of any data other than certified cost and pricing data, as set forth in FAR 13.106-3(a) necessary to validate the reasonableness of an offer.

Quotes will be evaluated on the total price quoted for Contract Line Item Number (CLIN) 0001. The quoted unit price is limited to two decimal places. Prices shall be submitted on a FOB Destination basis. The price will be binding. The U.S. Government reserves the right to require the submission of any data (i.e., other than cost or pricing data) necessary to validate the reasonableness of an offer.

Pricing shall be valid for 60 days after date of quote.

The U.S. Government intends to award to the lowest priced, technically acceptable quote.

END OF ADDENDUM - 52.212-2 – EVALUATION – COMMERCIAL ITEMS

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Underground Storage Tank (UST) Removal

FFP

UST Removal in accordance with Attachment 0001 - Statement of Work - UST Removal - 8 Feb 2022.

FOB: Destination MFR PART NR: UST Removal

PSC CD: 5430

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Contract Data Requirements List (CDRL)

FFP

Contract Data Requirements List (CDRL) in accorance with Exhibit A001 - CDRL

CLIN 0002.

CLIN 0002 - CDRL is Not Seperately Priced (NSP).

FOB: Destination

NET AMT

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 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 150 dys. ANP 1 PINE BLUFF ARSENAL

CENTRAL SHIPPING AND RECEIVING

10-040 KABRICH CIRCLE

PINE BLUFF AR 71602-9500

FOB: Destination

W41G26

0002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

DEC 2021

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

PROVISIONS BY REFERENCE:

52.203-11 Certification and Disclosure Regarding Payments to SEP 2007

Influence Certain Federal Transactions 52.204-7 System for Award Management JUL 2013 52.225-25 Prohibition on Contracting with Entities Engaging in OCT 2015

Certain Activities or Transactions Relating to Iran Representation and Certifications

252.225-7012 Preference for Certain Domestic Commodities DEC 2017

PROVISIONS BY FULL TEXT:

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"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.

(b) The Offeror represents that it [___] is or [___] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: __________ (or mark "Unknown").

Predecessor legal name: _____________________________.

(Do not use a "doing business as" name).

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS—

REPRESENTATION (DEC 2016)

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

52.233-2 SERVICE OF PROTEST

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Ashley.N.Fahrenkrugciv@army.mil.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of Provision)

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):

http://acquisition.gov

(End of Provision)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(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 Regulations Supplement, Department of Defense (48 CFR Chapter _2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Provision)

END OF ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

52.212-2 Evaluation - Commercial Items DEC 2021 52.212-3 Offeror Representations and Certifications--Commercial

Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

CLAUSE(S) 52.212-4 - ADDENDUM TO 52.212-4

ADDENDUM TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

CLAUSES/PROVISIONS BY REFERENCE:

52.204-4 Printed or Copied Double-Sided on Postconsumer MAY 2011

Fiber Content Paper 52.204-13 System for Award Management Maintenance JUL 2013 52.227-1 Authorization and Consent DEC 2007 52.229-3 Federal, State, and Local Taxes FEB 2013 52.232-17 Interest MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 252.203-7002 Requirement to Inform Employees of SEP 2013

Whistleblower Rights 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7020 NIST SP 800-171 DOD Assesement Requirement NOV 2020 252.222-7999 Combating Race and Sex Stereotyping NOV 2020

CLAUSES/PROVISIONS BY FULL TEXT:

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):

Acquisition.gov

(End of Clause)

52.252-6 Authorized Deviations in Clauses (Apr 1984)

(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 DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

252.232-7006 Wide Area Workflow Payment Instructions (Dec 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Combo Invoice/Receiving Report

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0303 Issue By DoDAAC W52P1J Admin DoDAAC W52P1J Inspect By DoDAAC W41G26 Ship To Code W41G26 Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) W911RP Service Acceptor (DoDAAC) W911RP Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

Contract Specialist: Mr. Riley DeBrock, at riley.j.debrock.civ@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

END OF ADDENDUM TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(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 and Other Covered Entities (NOV 2021) (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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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…