Combined Synopsis and Solicitation W912P925Q0005.pdf

US Army Corps of Engineers St. Louis District

25Q0005

Rivers Project Office ES FY25 Herbicide Spraying

USARMY ENGR DIST ST LOUIS

FOOT OF ARSENAL STREET

ST LOUIS, MO 63118-3394

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, --Streamlined Procedures for Evaluation and Solicitation for Commercial Items, and FAR Part 13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued. The Government intends to award without discussions.

Solicitation Number: W912P925Q0005

This solicitation is issue as a Request for Quotation.

The solicitation document and incorporated provisions and clauses are those in effect through the date of posting.

This solicitation is set-aside for total small businesses associated with

Please provide a completed copy of the provision at 52.212-3, Offeror Representations and Certifications

– Commercial Items with your offer.

NAICS code 115112 and the size standard is $9,500,000.

Questions are due to Abrielle Campbell, Contract Specialist, via email at abrielle.campbell@usace.army.mil by 10:00 AM CST, 21 FEB 2025.

Submit offer to Abrielle Campbell, Contract Specialist, via email at abrielle.campbell@usace.army.mil by

10:00 AM CST, 28 FEB 2025.

Whitney Dee Contracting Officer b3ct9ac9 Cross-Out

Pricing Schedule Description Unit Quantity Unit

Price Total

5.1.0 RMBS Corner Spraying

Direct Herbicide Spraying (spot spraying labor) HR Furnish Herbicide Mixture (Triclopyr/Glyphosate) w NI surfactant GL Mob/Demob Job

5.2.0 RMBS Invasive Species April

Direct Herbicide Spraying (spot spraying labor) HR Furnish Selective Herbicide Mixture (Triclopyr/Fluroxypyr) w NI surfactant GL Furnish Selective Herbicide Mixture (2,4-D) w NI surfactant GL Mob/Demob Job

5.3.0 RMBS Invasive Species June

Direct Herbicide Spraying (spot spraying labor) HR Furnish Selective Herbicide Mixture (Triclopyr/Fluroxypyr) w NI surfactant GL Furnish Selective Herbicide Mixture (2,4-D) w NI surfactant GL Mob/Demob Job

5.4.0 RMBS Invasive Species August

Direct Herbicide Spraying (spot spraying labor) HR Furnish Selective Herbicide Mixture (Triclopyr/Fluroxypyr) w NI surfactant GL Furnish Selective Herbicide Mixture (2,4-D) w NI surfactant GL Mob/Demob Job

5.5.0 RMBS Invasive Species Johnsongrass (August)

Direct Herbicide Spraying (spot spraying labor) HR Furnish Selective Herbicide (Sulfosulfuron) w NI surfactant GL Mob/Demob Job

5.6.0 Timber Ridge June

Direct Herbicide Spraying (spot spraying labor) HR Furnish Non-Selective Herbicide (Aquatic Labeled Glyphosate) w NI surfactant GL Furnish Selective Herbicide Mixture (Triclopyr/Fluroxypyr) w NI surfactant GL Mob/Demob Job

5.6.0 Timber Ridge August

Direct Herbicide Spraying (spot spraying labor) HR Furnish Non-Selective Herbicide (Aquatic Labeled Glyphosate) w NI surfactant GL Furnish Selective Herbicide Mixture (Triclopyr/Fluroxypyr) w NI surfactant GL Mob/Demob Job

5.6.0 Timber Ridge November

Direct Herbicide Spraying (spot spraying labor) HR Furnish Herbicide Mixture (Glyphosate/Triclopyr) w NI surfactant GL Mob/Demob Job

PERFORMANCE WORK STATEMENT

(PWS) RIVERS PROJECT

SECTION 1

GENERAL

INFORMATION

1. Scope of Work. Work covered by this contract shall consist of furnishing all labor, equipment, licensed operators, supervision/site superintendent, supplies and materials necessary to pesticide application in accordance with the spec This contract involves herbicide application for the control of invasive species on Rivers Project lands.

Species to control include Sericea Lespedeza, Johnsongrass, Crownvetch, Coffeeweed, Japanese Hops, and Japanese Honeysuckle. Specifications contained herein and in accordance with the approved work plan.

2. Contract Area. Location of work to be performed shall be within the St. Louis District of the Mississippi Valley Division, US Army Corps of Engineers (Corps).

General location of the contract area is shown in Technical Exhibit A. Upon award, Contractor will be given KMZ file area outlines.

Mobilization and demobilization will be calculated as if traveling from the Rivers Project Office (301 Riverlands Way, West Alton, MO 63386).

CAUTION: Contract areas may require utilizing infrequently maintained gravel and dirt roads in rural areas. Contract areas may be in heavily visited public access areas to include the floodplain and watershed of the Mississippi and Illinois Rivers and are subject to frequent flooding.

3. Omissions. These specifications may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish work. In case of omission, the normal industry standards, practices, specifications and/or guides shall prevail. In no instance shall an omission be a reason to perform inferior work, produce a less than acceptable product or service, or refuse to perform an intended activity.

4. Contract Period. Time of Award – November 15, 2025

5. Work to be completed:

5.1.0. Riverlands Migratory Bird Sanctuary (RMBS) Corner Spraying

5.1.1. Location:

RMBS, 301 Riverlands Way, West Alton, Missouri 63386

5.1.2. Scope: Non-selective herbicide spraying of posted corners. Contractor will spray around posted corners to ensure that visibility remains on the corner. Care will be taken by to contractor to only spray on federal property and not on private lands.

Contractor will not utilize posted-private land to access federal property.

Government will be able to direct access to all sites utilizing federal property. Total estimated time to complete this work is 10 hours. Application will be 2% glyphosate and triclopyr solution with surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure 1.0).

5.1.3. Work Period: Time of Award – July 30, 2025.

5.2.0. RMBS Invasive Species April

5.2.1. Location: RMBS, 301 Riverlands Way, West Alton, Missouri 63386

5.2.2. Scope: Direct herbicide spraying will take place at the Riverlands Migratory Bird Sanctuary to control Crownvetch, Coffeeweed, Sericea Lespedeza, and Japanese Hops on sites A-J. Sites A-J encompass 287 acres. Contractor should take care to not damage non-target plants. Application for coffeeweed will be 2% solution of 2,4-D with non-ionic surfactant. Application for sericea lespedeza, crownvetch, and Japanese hops will be 2% solution of triclopyr and fluroxypyr with non-ionic surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure

2.0 ).

5.2.3 Work Period: April 15-April 30, 2025

5.3.0. RMBS Invasive Species June

5.3.1. Location: RMBS, 301 Riverlands Way, West Alton, Missouri 63386

5.3.2. Scope: Direct herbicide spraying will take place at the Riverlands Migratory Bird Sanctuary to control Crownvetch, Coffeeweed, Sericea Lespedeza, and Japanese Hops on sites A-J. Sites A-J encompass 287 acres. Contractor should take care to not damage non-target plants. Application for coffeeweed will be 2% solution of 2,4-D with non-ionic surfactant. Application for sericea lespedeza, crownvetch, and Japanese hops will be 2% solution of triclopyr and fluroxypyr with non-ionic surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure

2.0 ).

5.3.3 Work Period: June 15-June 30, 2025

5.4.0. RMBS Invasive Species August

5.4.1. Location: RMBS, 301 Riverlands Way, West Alton, Missouri 63386

5.4.2. Scope: Direct herbicide spraying will take place at the Riverlands Migratory Bird Sanctuary to control Crownvetch, Coffeeweed, Sericea Lespedeza, and Japanese Hops on sites A-J. Sites A-J encompass 287 acres. Contractor should take care to not damage non-target plants. Application for coffeeweed will be 2% solution of 2,4-D with non-ionic surfactant. Application for sericea lespedeza, crownvetch, and Japanese hops will be 2% solution of triclopyr and fluroxypyr with non-ionic surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure

2.0 ).

5.4.3 Work Period: August 1-August 15, 2025

5.5.0. RMBS Invasive Species Johnsongrass

5.5.1. Location: RMBS, 301 Riverlands Way, West Alton, Missouri 63386

5.5.2. Scope: Direct herbicide spraying will take place at the Riverlands Migratory Bird Sanctuary to control Johnsongrass on site J. Site J is 17 acres. Contractor should take care to not damage non-target plants. Application for Johnsongrass will be a a mixture of 1 oz/acre of sulfosulfuron (OutRider) with non-ionic surfactant.

Spraying can be utilized with the contactors preferred method of application:

backpack spraying, tractor with sprayer, hand wicking, etc… (Figure 3.0).

5.5.3 Work Period: August 1-August 15, 2025

5.6.0. Timber Ridge June

5.6.1. Location: Timber Ridge Access, Godfrey, IL 62035

5.6.2. Scope: Direct herbicide spraying will take place at Timber Ridge to control Sericea Lespedeza on site M. Site M is 4 acres. Contractor should take care to not damage non-target plants. Application for sericea lespedeza in wetland or wetland adjacent areas shall be a solution of aquatic glyphosate with non-ionic surfactant according to the manufacturer’s recommendations and regulations. Application for sericea lespedeza outside of the wetland area will be a 2% solution of triclopyr and fluroxypyr with non-ionic surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure 4.0).

5.6.3 Work Period: June 1-June 15, 2025

5.7.0. Timber Ridge August

5.7.1. Location: Timber Ridge Access, Godfrey, IL 62035

5.7.2. Scope: Direct herbicide spraying will take place at the Timber Ridge to control Sericea Lespedeza. Site M is 4 acres. Contractor should take care to not damage non-target plants. Application for sericea lespedeza in wetland or wetland adjacent areas shall be a solution of aquatic glyphosate with non-ionic surfactant according to the manufacturer’s recommendations and regulations. Application for sericea lespedeza outside of the wetland area will be a 2% solution of triclopyr and fluroxypyr with non-ionic surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure 4.0).

7.3 Work Period: August 1- August 15, 2025

5.7.0. Timber Ridge November

5.7.1. Location: Timber Ridge Access, Godfrey, IL 62035

5.7.2. Scope: Direct herbicide spraying will take place at Timber Ridge to control Japanese Honeysuckle on sites K and L. Site K is 5 acres, Site L is 2 acres.

Contractor should take care to not damage non-target plants. Care should be taken to avoid spraying until after the native vegetation has stopped photosynthesizing.

Contractor will spot treat Japanese Honeysuckle with a 2% glyphosate and triclopyr mix with non-ionic surfactant. Spraying can be utilized with the contactors preferred method of application: backpack spraying, tractor with sprayer, hand wicking, etc… (Figure 5.0).

5.7.3 Work Period: Nov. 1- Nov. 15, 2025

6. Safety. The Contractor shall perform all work in accordance with safety requirements set forth in Corps of Engineers’ Manual, EM 385-1-1, entitled “Safety and Health Requirements Manual”, MARCH 2024 copies and any updates which are available for review at:

https://www.publications.usace.army.mil/Portals/76/EM%20385-1- 1%20_EFFECTIVE%2015March2024.pdf. Contractor shall submit, The Contractor’s Accident Prevention Program, as required by ER 385-1-1. Sample form can be found in Technical Exhibits C-5 and C-6.

7. Job Hazard Analysis. At the end of each month the Contractor shall submit, in writing, the total employee hours worked by employees during the preceding month. This report will include detailed descriptions of any accidents or injuries sustained on the project by their employees during this subject month, including copies of documents for claims under Workman’s Compensation.

8. Access. The Contractor shall be responsible for access to, into, and through all locations.

Access to locations may or may not be through locked barricades or gates, through Government or private property. The Contractor shall secure and obtain the consent of the owner, his representative, or agent all necessary right-of-entry permits prior to affecting any entry into private property in conjunction with the performance of this contract. Access into and through Government property shall be by routes approved by the Contracting Officer Representative in advance prior to entry. It shall be the responsibility of the Contractor to lock all gates or barricades, if present, when leaving an area. Keys to Government locked barricades or gates will be supplied to the Contractor and returned to the Government after contract period is over.

9. Post Award Conference. Within twenty (20) days after Contract award the Contractor shall notify Mr. Josh Pierce, 314-435-7550 schedule a Post Award Conference, at the Rivers Project Office.

10. Contractor Submittals. The Contractor shall submit to the Contracting Officer Representative for approval the following (Technical Exhibit C). Bid estimate for work outlined herein (Section 1.5). Licenses and permits for herbicide application (Section 3.3.)

10.1 Contractor Work Plan. At the Post Award Conference, the Contractor shall submit to the Contracting Officer Representative for review and approval, the Contractor Work Plan in accordance with EM 385-1-1. The Contractor’s initial Work Plan and any changes must be approved by the Contracting Officer Representative before commencement of any work by the Contractor. Updates to the Contractor Work Plan will be provided to the Contracting Officer Representative during the Request for Proposal process. The Contractor Work Plan shall include at a minimum, but is not limited to, the following:

(A) The personnel to be used.

(B) The equipment to be used and their specifications.

(C) The name(s) and telephone number(s) of supervisors(s) to whom deficiencies should be reported.

(D) The name(s) and telephone number(s) of supervisor(s), who can be contacted on a daily basis and the supervisor(s) that will be at the work site on a daily basis.

(E) The telephone number(s) and mailing address of the Contractor through which he can normally be contacted on a daily basis.

(F) The telephone number(s) where persons of authority within the Contractor’s organization can be reached during non-duty hours.

(G) The physical address of the Contractor’s place of business.

(H) The number of personnel and how personnel are to be used in the performance of the work.

(I) The schedules, including dates of commencement and anticipated dates of completion, and the personnel to be used in the performance of each phase or area of work.

(J) The methods to be used in one performance of each phase in area of work

(K) The equipment and materials to be used in performance of the work

(L) The Contractor’s Quality Control Program, including Contractor Inspection and Records Systems.

(M) The Contractors Accident Prevention Program/Plan, as required by ER 385-1-1, including:

(a) The Contractor’s Job Hazard Analysis.

(O) Required Insurance.

10.2. Contactor Quality Control Program. The Contractor shall establish and maintain a complete quality control program for all work required herein assuring the requirements of the contract are provided (Technical Exhibit C-4).

10.3. Contractor Inspection System. The Contractor shall provide for an inspection system and a method of identifying deficiencies in the quality of work covering the work required herein before the level of performance becomes unacceptable. The inspection system shall specify the phase or area of work to be inspected on a scheduled or unscheduled basis, the work requirement to be inspected, the method of inspection, and the individual(s) who will do the inspection. The system shall include, but is not limited to, inspection of (1) schedules, (2) methods of performing work, (3) materials, (4) equipment, and (5) personnel.

10.4. Records System. The Contractor shall provide for a records system and file of all inspections conducted by the Contractor and the corrective actions taken. This documentation shall be made available to the Government during the contract period.

10.5 Reports

10.5.1 Accident Reports. For recordable injuries and illnesses, and property damage accidents resulting in at least $2,000 in damages, the Contractor shall conduct an accident investigation to establish root cause(s) of the accident, complete USACE Accident Report Form 3394 and provide the report to the CONTRACTING OFFICER REPRESENTATIVE within two (2) calendar days of the accident. The CONTRACTING OFFICER REPRESENTATIVE will provide copies of any required special forms.

10.5.2 Accident Notification. Notify the CONTRACTING OFFICER

REPRESENTATIVE as soon as practical, but not later than four (4) hours, after any accident meeting the definition of Recordable Injuries or Illnesses or High Visibility Accidents, or property damage equal to or greater than $2,000. Information shall include Contractor name, contract title, type of contract, name of activity, installation or location where accident occurred, date and time of accident, names of personnel injured, extent of property damage, extent of injury, if known, and brief description of accident, to include type of equipment used, Personal Protective Equipment (PPE) used, etc… Preserve the condition and evidence on the accident site until the Government investigation team arrives on-site and Government investigation is concluded.

10.5.3. Pre-Work and End-Work Reporting. The Contractor shall notify the CONTRACTING OFFICER REPRESENTATIVE a minimum of forty-eight (48) hours in advance before any work commences and within forty-eight (48) hours of completion of all scheduled work contained herein. Advance notification is necessary for inspection and assuring availability of government access.

11. Safety Meetings. Shall be conducted and documented as required by EM 385-1-1.

12. Unusual Conditions. The Contractor shall inform the Contracting Officer Representative of any unusual conditions observed such as dumping, off road vehicle use, public solicitation, or vandalism. NOTICE: THE CONTRACTOR SHALL BE REQUIRED TO COOPERATE WITH, AND COORDINATE WITH THE CONTRACTING OFFICER REPRESENTATIVE ANY

OPERATIONS IN AND AROUND ANY OTHER CONTRACTORS, WORK CREWS, OR

GOVERNMENT EMPLOYEES WHICH MAY BE WORKING WITHIN THE CONTRACT

LIMITS.

13. Equipment. The Contractor shall provide all equipment necessary to perform the work described herein. Contractor equipment used in the performance of this contract shall be of suitable size and type for the intended use and maintained in a safe and good working condition.

Contractor equipment found to be unsafe or not in conformity with the contract specification shall be removed from work site immediately.

13.1 Equipment Maintenance, Repairs and Storage. The Contractor shall provide all lubricants, fuels, fluids, and repairs necessary for the operation and maintenance of Contractor furnished equipment. The Contractor may store equipment at worksites during task order performance.

However, the Government assumes no responsibility for the safety or security of equipment stored. Equipment shall be removed from worksite within ten (10) days after the completion and acceptance of the work within each task order. Storage site shall be returned to original condition.

14. Materials. The Contractor shall provide all materials necessary to perform the work described herein. All materials used in the performance of this contract shall be of suitable size, type, and quality for the intended use.

W912P925Q0005

14.1 Material Storage. The Contractor may store materials at the worksite; however, the Government assumes no responsibility for the safety or security of materials stored. Materials shall be removed from the work site within ten (10) days after the completion of the work within each task order. Storage site shall be restored to original condition.

15. Supervision/Site Superintendent. The Contractor shall provide adequate supervision/site superintendent of his/her employees and/or any subcontractor employees to ensure compliance with contract specifications and task orders. The Contractor shall furnish a telephone number and a mailing address through which he/she can normally be contacted on a daily basis and must supply in writing the name(s) of his/her designated representative supervisor(s) or site superintendent who can be contacted on a daily basis. All costs associated with supervision/site superintendent shall be borne by the Contractor and no separate payment will be made therefore.

16. Sustainability Compliance. The Contractor shall be responsible for meeting all Green Procurement Compilation requirements during the performance of this contract. The Contractor shall refer to website: https://sftool.gov/greenprocurement for a listing of all applicable FAR Clauses that shall be applied to this contract.

17. Required Insurance

17.1 As required by the contract clause entitled “Insurance-Work on a Government Installation”, the Contactor shall, furnish to the Contracting Officer Representative, prior to the commencement of work, a certificate or written statement as evidence of the minimum insurance listed below. The Contractor shall procure and maintain such types and amounts of insurance during the entire period of his performance under this contract. The Contractor shall assure that the certificate or written statement is in accordance with required wording indicated in paragraph b of the aforementioned Contract Clause.

(1) Workmen’s compensation – Amounts required by applicable jurisdictional statutes.

(2) Employer’s Liability Insurance - $100,000

(3) Comprehensive General Liability Insurance

Property Damage - $100,000 per occurrence Bodily Injury - $500,000 per occurrence

(4) Comprehensive Automobile / Vessel Insurance

Bodily Injury - $100,000 each person

$300,000 each accident Property Damage - $50,000 each accident

17.2 Certificates of insurance should be submitted to the

following address: St. Louis District Corps of

Engineers Rivers Project Office ATTN:

Josh Pierce 301 Riverlands Way West Alton, MO 63386

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job FY25 ES Herbicide Spraying

FFP

FY25 ES Herbicide Spraying FOB: Destination

PSC CD: F019

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-APR-2025 TO

15-NOV-2025

N/A RIVERS PROJECT OFFICE

JOSHUA PIERCE

US ARMY ENGR DIST ST LOUIS

301 RIVERLANDS WAY

WEST ALTON MO 63386-1704

314 435-7550 FOB: Destination

966488

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management NOV 2024 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.222-50 Combating Trafficking in Persons NOV 2021 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

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

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;

and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

(End of clause)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have 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) Representations.

(1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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

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

The following factors shall be used to evaluate offers:

Price Only

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

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

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

COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

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

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

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary

Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

"Women-owned small business concern" means a small business concern--

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

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

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

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

[ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

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

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

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

(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to…