B08 W9126G20R0066 Solicitation.pdf

Combined Synopsis/Solicitation: Soil Laboratory Testing Services

This is a combined synopsis/solicitation for commercial items 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.

1. The solicitation number is W9126G20R0066; this solicitation is issued as a request for quotation (RFQ); the Government intends to make multiple BPA awards against this solicitation

2. Set Aside: Total Small Business in accordance with FAR 19.502-2

5. NAICS 541380 – Testing Laboratories

6. Size Standard: $16.5 Million

7. CLIN Schedule: See Solicitation Schedule

8. Requirement Description: Establish multiple BPA’s for Soil Laboratory Testing Services IAW the Performance Work Statement

9. Performance Period: Five years from date of award

10. FOB: Destination

11. Place of Performance: IAW the Performance Work Statement

12. FAR provision 52.212-1, Instructions to Offerors - Commercial, and 52.212-1 Addendum to Instructions to Offerors applies to this acquisition

13. FAR provision at 52.212-2, Evaluation - Commercial Items, applies to this requirement

14. FAR 2.212-3 Offeror Representations and Certifications - Commercial Items: 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). If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision

15. FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

16. FAR clause at 52.212-5 (DEV), Contract Terms and Conditions Required to Implement

Statutes or Executive Orders -- Commercial Items, applies to this acquisition. All selected clauses are applicable to the acquisition.

17. Offer due date, time and method of submission

a. Date – May 20, 2020

b. Time – 4:00 PM Central Time

c. Method – Submit Offers via email to:

Fredrick.l.Wilson@usace.army.mil 817-886-1009

W9126G20R0066

52.212 -1 - Addendum – Instructions to Offerors

1. Quotes shall be submitted to the cognizant Contract Specialist no later than the due date and time specified in the combined synopsis solicitation.

2. Offerors must ensure each submittal is complete, contains all required documents and fully aligns with the solicitation requirements.

3. To ease the evaluation process, the ordinal sequence of the technical response shall align with the outline of the PWS to the maximum extent practicable; failure to do so may result in responses being determined non-responsive.

4. Pricing data shall align with “Table 1 Standard Test Methods” identified in the PWS. Submit all price quotes using “Attachment 1 Bid Schedule”

5. Quotes shall be segregated into three separate volumes as indicated below; DO NOT combine technical and pricing data into a single volume. Combining technical and pricing data into a single volume may result in responses being deemed non-responsive.

a. Volume I: Technical

b. Volume II: Past Performance

c. Volume III Price

6. Documents shall be in .pdf format 12pt. font, unless it is impractical to use such format for sample reports, drawings or other technical data.

7. Solicitation Questions: Questions regarding this solicitation shall be submitted within five days from the solicitation issue date. Questions received after this time will not be responded to unless it is determined to be in the Government best interest to do so.

52.212-2 Evaluation Commercial Items The Government intends to establish multiple BPAs resulting from this solicitation to responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous and representing the best value to the Government based on the evaluation factors listed below. Quotes will be rated as either acceptable or unacceptable.

Factor 1: Technical

a. The prospective Contract Laboratory shall possess and include with their proposal a current memorandum of validation from ERDC for their approved testing services which shall be reviewed by the Government as a criteria for selection, in accordance with ER 1110-1-261 and ER 1110-1- 8100."

b. Proof of insurance and licensing to comply with state, federal and local requirements

c. Proposals will be evaluated for evidence that the Contractors Laboratory is minimally staffed with two licensed professional engineers responsible for the testing and results.

d. Proposals will be evaluated to determine if Lead testing technicians, performing work under this contract, have current NICET certification or equivalent

e. Proposal will be evaluated to determine if Contractors have testing laboratories within a 40 mile radius of the location identified in the Performance Work Statement

Factor 2: Past Performance The Offeror shall provide three past performance references include recent and relevant contracts for the same or similar services and be of similar size and scope as the instant requirement. Recent is defined as being within three years from the date of solicitation issuance. Reference shall include:

a. Contract number and brief description of project scope

b. Organization Name and physical address

c. Contract Dollar value

d. Performance Period

e. Place of Performance

f. POC: name, telephone number, email address

g. Place of performance

Factor 3: Price 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.

(End of Provision)

General BPA Language

1. Description of Agreement

a. This Agreement is a Blanket Purchase Agreement (BPA) as described in Federal Acquisition Regulation (FAR) Part 13. The Contractor shall furnish soil laboratory testing services in accordance with the Performance Work Statements (PWS).

b. Performance Period: Five years from 01 October 2020 through 30 September 2025

c. Purchases made under this agreement shall be referred to as Calls

2. Extent of Obligation: The Government is obligated only to the extent of authorized calls actually placed under the BPA. The establishment of the BPA does not imply any agreement on the part of the Government to establish future contracts or place Calls with the BPA holder. The Government makes no representation as to the number of Calls or actual amount of work to be ordered.

3. Call Limit: The maximum dollar threshold for each Call is $100,000.

4. Individuals authorized to purchase under the BPA: A list of individuals authorized to purchase under this BPA will be provided after award by the Contracting Officer.

5. Call Procedures:

a. USACE may establish BPAs with multiple contractors for identical services. When a requirement exists, a request for quote may be sent to one or more BPA holders to determine which agreement holder(s) can meet the delivery schedule.

b. The Government will evaluate quotes based on proposed delivery schedules, quality and price.

Calls will be distributed as evenly as practicable among all BPA holders.

c. Total price will be based upon established prices included in the agreement. If more than one contractor can provide the services in the required time frame and have demonstrated acceptable equal quality levels, selection will be based on the lowest priced quote received.

6. Delivery Tickets: All deliverables provided under the agreement shall be identified by the following minimum information:

a. Name of Contractor

b. BPA Number

c. Date of Purchase

d. Call Number

e. Itemized list of services and items provided

f. Quantity

g. Unit Price and extension for each item, less applicable discounts; (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

h. Date of delivery or shipment

7. Price lists will be updated annually.

8. Invoices: An itemized invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliverables provided against this BPA during a billing period and for which payment has not been received. Invoices will be paid based on deliverables that have been received and approved by the Call’s Government point of contact (POC). These invoices need not be supported by copies of delivery tickets, however invoices must indicate the BPA number, Call number, item of work completed, and amount due for each. Invoices shall be submitted via email to the Government POC.

Performance Work Statement Laboratory Soils Testing

April 2020

Section 1. Contract Description

1 Contract Description. This contract is for engineering and design laboratory soils testing for the U.S.

Army Corps of Engineers, Fort Worth District, Engineering and Construction Division, Geotechnical Branch (CESWF-EC-G). The Contractor shall furnish all labor equipment and customary resources required to provide engineering and design laboratory soil testing services for the U.S. Army Corps of Engineers, Fort Worth District, Engineering and Construction Division, Geotechnical Branch in accordance this Performance Work Statement

1.1 Performance Period: Five years -1 October 2020 through 30 September 2025.

1.2 Background. The Geotechnical Branch routinely performs geotechnical surface and subsurface field investigations to collect soil and rock (primary) samples from various military and civil sites. The sampling and analytical work will primarily be in conjunction with investigations for military foundation reports.

1.3 Performance Objectives. The objective of this contract is to obtain an engineering materials testing facility to provide geotechnical and construction materials testing for a variety of project types. Testing shall provide technically valid and legally defensible soils and rock data that will meet or exceed the requirements of Engineering Manual (EM) 1110-2-1906, Engineering and Design Laboratory Soils Testing, dated 30 Nov 70 with Change 1 dated 1 May 80 and Change 2 dated 20 August 1986 as well as current specified American Standard Testing Methods (ASTMs). Revisions to the EM shall be forwarded to the contractor as the U.S. Army Corps of Engineers (USACE) approves them. A copy of this EM regulation may be obtained on the Internet http://140.194.76.129/publications/eng-manuals/ em1110-2-1906/entire.pdf.

1.4 Contract Testing Requirements and Estimated Quantities. Soil and rock specimens shall be delivered to the testing lab by a Corps employee or authorized contract drilling agency. The Contract Laboratory shall be capable of performing a wide range of soils and rock testing. The primary tests and their designated testing methods required under this contract are provided in Table 1, Standard Test Methods. The Contract laboratory shall be required to furnish all labor, instrumentation, equipment, tools, and supplies required to perform the testing. Subcontracted out testing shall be permitted only with the written approval of the Geotechnical Contracting Officer’s Representative (COR). In no case shall sub-contracted work exceed 35% of the total contract dollars actually expended.

Section 2: Contract Organization & Responsibilities

2.1 Government Team Organization

2.1.1 The Contracting Officer (KO) will be responsible for the overall contract. This individual or his/her designee will provide selected review of all activities and procedures and provide senior technical oversight throughout the duration of this contract.

2.1.2 The Geotechnical Branch COR will be the main contact for the Contract Laboratory. This individual, or his /her designee, will be responsible for the daily management and execution of this contract.

2.1.3 The COR will be responsible for quality assurance auditing and monitoring. This individual will have access to all work and will identify potential quality problems; initiate, investigate, recommend, or provide solutions to quality problems through designated channels; verify implementation of solutions;

and ensure that further processing or action is controlled until proper disposition of unsatisfactory conditions has occurred. As part of quality assurance, split samples may be obtained on a random basis and tested by another laboratory.

2.2 Organization, Responsibilities, and Qualifications of the Contract Laboratory

2.2.1 The Contract Laboratory will perform the testing for this contract. The Contract Laboratory must have an organization with well-defined responsibilities for each individual in the management system to ensure that sufficient resources are available for this contract and to maintain a successful operation. The adequacy of the facilities and equipment is as important as the technical staff to accomplish the required work as specified in this contract.

2.2.2 Contract Laboratory management shall be responsible for actively supporting the implementation of the laboratory's Quality Management Manual within the laboratory, maintaining accurate standard operating procedures (SOPs) and enforcing their use in the laboratory, maintaining a work environment that emphasizes the importance of data quality, and providing appropriate management support. Laboratory management shall also designate the primary contact for the receipt of delivery orders for this contract.

2.2.3 The Contract Laboratory shall be physically located within a 40-mile radius of the Federal Center, 501 W. Felix, Fort Worth, Texas 76115. Fort Worth District Corps of Engineers personnel or authorized contract drilling agency shall deliver samples to the Contract Laboratory.

2.2.4 The Contract Laboratory shall begin testing after receipt of written requests for testing from the COR(s) and with samples on-hand. A final, signed and licensed professional engineer stamped report of testing results is required to be delivered to the COR by the date agreed upon by the COR and Contracting laboratory prior to sample delivery. The Contract Laboratory shall retain Fort Worth District owned project samples for a period of at least one year unless specifically requested otherwise. Contract Laboratory personnel shall semi-annually furnish Fort Worth District Civil COR and Military COR a client-owner fact sheet listing all District owned samples being held by the laboratory. Fort Worth District COR will notify Contract Laboratory in writing when project samples may be destroyed.

2.2.5 The submitted Final Testing Report shall be a hardcopy original, submitted in duplicate, and an electronic copy in Excel format. The Final Testing Report shall contain, as a minimum, the following:

a. Cover with Project Name

b. Submittal letter with licensed professional engineer's stamp and signature.

c. Summary tables of individual test results and testing methods used.

d. Summary graphical representation of index soil testing.

e. Graphical representation of all strength, consolidation, swell, expansion, CBR, and laboratory compaction tests.

f. Presentations required by individual testing methods designated, and as presented in EM 1110-2- 1906.

2.2.6 The Contract Laboratory must be inspected and validated by the Materials Testing Center (MTC) of the U.S. Army Engineer Research and Development Center (ERDC). Information regarding the process to request an inspection is available at http://www.erdc.usace.army.mil/Media/Fact-Sheets/Fact- Sheet-Article-View/Article/476661/materials-testing-center/. The prospective Contract Laboratory shall possess and include with their proposal a current memorandum of validation from ERDC for their approved testing services which shall be reviewed by the Government as a criteria for selection, in accordance with Engineering Regulation (ER) 1110-1-261 and ER 1110-1-8100. The prospective bidders are advised that the validation process is a cost that must be borne fully by the Contractor, and the Contractor is required to maintain a current ERDC validation throughout the term of the contract. If the prospective Contract Laboratory will sub-contract testing work to any other laboratory, the same ERDC validation requirements shall also apply to sub-contracted laboratories, and the prospective Contract Laboratory shall also provide with their proposal a current ERDC validation memorandum for each sub-contracted laboratory they intend to use. The Contract Laboratory also shall be compliant with ASTM E 548. Fort Worth District personnel will inspect the Contract Laboratory for compliance with ASTM E 548 after award of the contract. The Contract Laboratory shall have a minimum of two licensed professional engineers who will take responsibility for the testing and results presented under this contract. Lead testing technicians, performing work under this contract, shall have current National Institute for Certification in Engineering Technology (NICET) certification or equivalent.

Section 3: Reporting Labor Power to OASA

3.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the US Army Corps of Engineers via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil

3.2 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year of contract/task order performance.

3.3 Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil to review user manuals and gain an understanding about the data fields that will be included in the reporting structure that is hosted at http://www.ecmra.mil/.

Section 4: AT/OPSEC Requirements

The following are AT/OPSEC-Anti-Terrorism/Operations Security –requirements for this requirement.

4.1 AT Level I Training.

All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities, controlled access areas, or require network access, 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. Upon request, 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 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website:

https://www.cdse.edu/catalog/operations-security.html or it can be provided by the RA OPSEC Officer in presentation form which will be documented via memorandum.

4.2 Pre-screen candidates using E-Verify Program

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award."

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

Section 5: Location

5.1 Location of samples:

Samples will be taken from various Civil and Military sites though-out the Fort Worth District and taken to the laboratory for testing.

Table 1 Standard Test Methods Standard Test Methods Designation

1. Description and Identification of Soils (Visual-Manual Procedure) ASTM-D-2488-17e1

2. Laboratory Determination of Water (Moisture) Content of Soil &

Rock

ASTM-D-2216-92 19

3. Unit Weights, Void Ratio, Porosity, and Degree of Saturation (COE) EM 1110-2- 1906, Appendix II, Par

4. . Displacement Method

4. Particle-Size Distribution of Soil Using Sieve analysis ASTM-D 6913/D6913M-17

5. Particle-Size Distribution of Fine Grained Soils Using Sedimentation (Hydrometer) Analysis

ASTM-D-7928-17

6. Amount of Material Finer Than the No. 200 (75-um) Sieve No. 200 ASTM-D-1140-17

7. Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM-D-4318-17e1

8. Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-Ibf/ft³) (4" Diameter mold (Proctor Test))

ASTM-D-698-12e2

9. Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-Ibf/ft³) (6" Diameter mold (Proctor Test))

ASTM-D-698-12e2

10. Laboratory Compaction Characteristics of Soil Using Standard Effort (56,000 ft-lbf/ft³) (4" Diameter mold

(Proctor Test))

ASTM-D-1557-12e1

11. Laboratory Compaction Characteristics of Soil Using Standard Effort (56,000 ft-lbf/ft³) (6" Diameter mold

(Proctor Test))

ASTM-D-1557-12e1

12. California Bearing Ratio (CBR) of Laboratory-Compacted Soils (Need to specify the range of water contents and the dry unit weight for which the CBR is desired)

ASTM-D-1883-16 Mil- Std-621A, Methods 100 and 101

13. Unconfined Compressive Strength of Cohesive Soil ASTM-D- 2166/D2166M-16

14. Unconsolidated, Undrained Compressive Strength of Cohesive Soils in Triaxial Compression (one specimen confined to a specified overburden pressure) (2.8" Diameter Samples (Shelby Tube Samples))

ASTM-D-2850-15

15. Unconsolidated, Undrained Compressive Strength of Cohesive Soils in Triaxial Compression (one specimen confined to a specified overburden pressure) (Oversize Samples (>3" Diameter))

ASTM-D-2850-15

16. Triaxial Compressive Strength of Undrained Rock Core Specimens Without Pore Pressure Measurements

ASTM-D-7012

(Method A)

17. One-Dimensional Consolidation Properties of Soils ASTM-D- 2435/D2435M-11

18. One-Dimensional Swell or Collapse of Soils ASTM-D-4546-14e1

19. Control Expansion One-Dimensional Consolidation Properties of

Soils

ASTM D-2435/2435M-

20. Triaxial Compressive Strength Unconsolidated, undrained "Q" with backpressure saturation as required. One to three specimens as directed. (COE) EM 1110-2-1906, 2.8" Diameter Samples (Shelby Tube Samples)

(COE) EM 1110-2-

1906, Appendix II, Triaxial Compression Test

21. Triaxial Compressive Strength Unconsolidated, undrained "Q" with backpressure saturation as required. One to three specimens as directed. (COE) EM 1110-2-1906, (Oversize Samples (>3" Diameter)

(COE) EM 1110-2-

1906, Appendix II, Triaxial Compression Test

22. Direct Shear Strength, conduct 3 points per Test (Initial or Peak Shear)

(COE) EM 1110-2-

1906, Appendix IX, Drained (S)Direct Shear Test

23. Direct Shear Strength, conduct 3 points per Test (Residual Shear) (COE) EM 1110-2- 1906, Appendix IX, Drained (S)Direct Shear Test

24. Permeability of granular soils by Constant Head ASTM-D-2434-19

25. Consolidated- Undrained Triaxial Compression Test for Cohesive

Soils

ASTM-D-4767-11

26. Soil Resistivity using the Two-Electrode Soil Box Method ASTM-G-187-18

27. pH of Soil ASTM-D-4972-19

28. Chloride and Sulfate in Soil TEX-620-J

29. Soluble Sulfate Content TEX-145-E

30. Preparation of Samples

Performance Requirements Summary

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

Performance Objective Standard Performance Threshold Task #1 The Contractor shall provide technically accurate soil and rock laboratory testing data. (PWS § 1.3)

In conformance with the testing standard specified by the contract for each test.

Zero deviation from standard.

Task #2 The Contractor shall provide the final testing report. (PWS § 2.2.5)

In the format specified by the contract and by the specified due date.

Final Testing Report shall be delivered by the specified due date 95% of the time.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

AMOUNT

Funded Amt:

Laboratory Soil Testing See Attachment 1 - Bid Schedule

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-44 Fair Labor Standards And Service Contract Labor Standards-

Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-64 Preference for Privately Owned U.S. - Flag Commercial

Vessels

FEB 2006

52.250-2 SAFETY Act Coverage Not Applicable FEB 2009 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government;

and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

(a) Definition. 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.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter ``CAGE'' before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via--

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of Provision)

52.204-17 OWNERSHIP OR CONTROL 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.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or 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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(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.

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

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (OCT 2015)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of $35,000 with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $35,000, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds $35,000 in value; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(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, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (MAR 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to…