Combined Synopsis_Solicitation_31Oct22.pdf

Architect-Engineering (AE)

Indefinite Delivery Contracts (IDC) in Support of the Little Rock District and

Southwest Division, Corps of Engineers, Civil & Military Requirements

W9127S-23-R-6010

US ARMY CORPS OF ENGINEERS

LITTLE ROCK DISTRICT

This is a Combined Synopsis / Solicitation for Architect & Engineering (A-E) services being procured in accordance with PL 92-582 (formerly known as the Brooks A-E Act) as implemented in Federal

Acquisition Regulation (FAR) Part 36.6.

A written solicitation will not be posted.

1. CONTRACT INFORMATION:

The U.S. Army Corps of Engineers (USACE) - Little Rock District will award multiple Indefinite

Delivery Contracts (IDC) in support of various military and civil works requirements within the boundaries of or assigned to the Little Rock District or the Southwest Division USACE. The work may be comprised of pre-design, design, post-design and/or other supplemental services for various planning, alteration, maintenance, repair, renovation, major capital renewal, new work, and other similar projects in accordance with the Contract and as described in each Scope of

Work (SOW). Services may also include, but are not limited to, any or all of the following:

preparation of full plans and specifications, design, drafting, and planning services for new construction, renovation, demolition and alterations of existing facilities, comprehensive interior design (CID), preparation of design-build requests for proposal (RFP), construction cost estimating, cost control and scheduling, topographic or boundary surveys, various engineering studies and site investigations, hazardous material investigations, environmental studies/surveys, abatement design, and sustainability design.

The contracts awarded under this announcement will be administered by the Little Rock District.

The Little Rock District may elect to transfer capacity to other USACE Districts within the

Southwestern Division in support of any project. Although most work will be done at the A-E firms’ business location, work may also be performed in any of the 48 contiguous United States, Alaska, Hawaii and United States Territories.

This is a competitive procurement set aside for SBA certified 8(a). The North American Industry

Classification System (NAICS) Code for this procurement is 541330: Engineering Services, with a

Small Business Size Standard of $22,500,000.00, Industrial Code (SIC) 8711: Engineering Services, and Product Service Code C219: Other Architect and Engineering Services. The Government anticipates the award of up to three (3) IDC. Capacity of $5,000,000 will be shared among all IDC awarded. This capacity represents known requirements, future economic impacts to these known requirements, and an additional 10% capacity to support unknown requirements.

The awarded contracts will have a one-time minimum guarantee of $10,000.00 (ten-thousand dollars), to be paid at the end of the first year if no Task Order has been awarded.

There will be no subsequent minimum guarantee. The minimum individual Task Order amount is set at $10,000.00 (ten thousand dollars) and the maximum individual Task Order amount is set at $1,000,000.00 (one million dollars). The individual Task Order limits refer to the minimum and maximum amount that the contractor is obligated to perform if issued a Task

Order under the contract. Task Orders above the maximum individual Task Order amount may be issued, provided they are within the overall capacity of the contract; however, firms are under no obligation to negotiate or accept award of a Task Order above the maximum individual Task Order amount;

although once the award is accepted, performance of the work under the Task Order is required.

Work under each of the awarded contracts will be subject to satisfactory negotiation of individual Task Orders. Work will be issued by negotiated firm-fixed-price Task Orders.

The selected A-E firms must demonstrate the capability to perform, as the prime firm, at least

50% of the work described below in accordance with 52.219-14 (c)(1). Firms will be selected for negotiation based on demonstrated competence and qualifications for the required work.

The contracts will have a base period of five (5) years, with no option years. Work will be issued by negotiated firm-fixed-price Task Orders.

The wages and benefits of service employees (see FAR 22.10) performing under this contract must be at least equal to those determined by the Department of Labor under the Service

Contract Act as determined by the employees' office location (not the location of the work).

Proposals may be subject to an advisory audit performed by the Defense Contract Audit

Agency. Antiterrorism and Operations Security (AT/OPSEC) requirements as well as E-Verify

(employment) will be required for all Military projects. For other tasks, determination will be made per individual Task Order.

2. PROJECT INFORMATION:

Architecture and engineering services are required for various military and civil works projects.

All work must be done by or performed under the direct supervision of licensed professional

Architects or Engineers. The contractor shall comply with all applicable federal, state and local laws and regulations as well as with all Corps of Engineers engineering and planning criteria. The services may include but are not limited to the following: architectural design for vertical construction and architectural landscaping; LEED/Sustainable Design project certification and reporting requirements; preparatory commissioning support during design; mechanical, electrical, structural, civil engineering, civil design, cost engineering, and value engineering. In addition, the successful firm shall be capable of providing schematic (Charrette) design (10%), concept design

(35%), working drawings (65%), and final design (100%). Services may also include, but are not be limited to, any or all of the following: preparation of full plans and specifications; design, drafting, and planning services for new construction, renovation, demolition and alterations of existing facilities, comprehensive interior design (CID), preparation of design-build requests for proposal (RFP), construction cost estimating, cost control and scheduling, topographic or boundary surveys, various engineering studies and site investigations, hazardous material investigations, environmental studies/surveys, abatement design and LEED for sustainability design. Geotechnical Engineering and Engineering Geology work may include subsurface investigations, studies, designs, or development of foundation reports. Testing laboratories shall meet USACE certification requirements. Drilling or subsurface investigations necessary in earth embankment dams and levees shall meet the requirements established in ER 1110-1-1807, "Drilling in Earth Embankment Dams and Levees". The requirements for construction phase and other construction support services include but are not limited to the following: site visits, technical assistance, inspections, Leadership in Energy and Environmental Design (LEED) documentation during construction, on-site representation, and preparation of operation and maintenance (O&M) manuals. Construction support services may also include development of shop drawings, construction submittal reviews and approval, in addition to commissioning and start-up design support. Other work required: performing energy modeling, preparing reports, studies, design criteria/ design analysis documents; preparing LEED documentation, preparing presentations, coordinating with various government agencies and commissions, and other general

A-E services. Construction support services may require team members with LEED certification, electronic and communications systems expertise, the ability to perform ASHRAE Level I, II &

III Energy Audits and ensure NEPA compliance. Team members should also have an extensive knowledge of environmental and EPA regulatory considerations for storm water and site drainage, and implementation of pollution prevention plans and other construction site requirements. All work under this contract is subject to satisfactory negotiation of individual task orders.

3. SELECTION CRITERIA: Criteria are listed below in descending order of importance.

Criteria ‘a' through ‘e' are primary. Note that criteria ‘a' and ‘b' are considered of equal importance. Criteria ‘f' through ‘g' are secondary and will only be used as tie-breakers among technically equal firms using the primary criteria. Section H of the SF330, "Additional

Information", may be used to further address the evaluation criterion listed below.

a. Specialized Experience and Technical Competence:

(1) Demonstrated experience by the prime firm and its consultants in military facility design of

DOD projects, military master planning experience and MILCON programming and DD Form

1391 preparation. Provide experience in the design of civil works projects as well as recreational planning and design. Show demonstrated experience in the preparation of designs, drawings, plans, specifications, cost estimates and the preparation of studies for a variety of civil works projects (i.e. flood damage reduction, dam safety modifications, floodwalls, levees, and channel design). The A-E shall provide demonstrated experience showing structural engineering expertise in preparing studies, seismic design and analysis of existing or proposed structures, and plans and specifications for single and multi-story structures that may include but are not limited to:

warehouses, office structures, maintenance buildings, piers, and vehicular and pedestrian bridges.

A registered fire protection engineer is required to be a full participant of the A-E design team.

(2) Cost Engineers shall have completed formal training on M CACES MII or later software, have experience with both military and civil works breakdown formats for estimates, and shall be familiar with preparation of detailed cost estimating procedures and construction schedules.

(3) Demonstrated capability to provide Construction Management Services (CMS) on Civil and

Military construction projects including Quality Assurance and Construction Oversight Work. For

CMS, contractor(s) will work under the direction of the local Resident Office Team

Leader/Contracting Officer's Representative for the administration of the construction contract.

(4) Computer Resources: Firms must indicate in Section H of the SF 330 the following items: (a) accessibility to and/or familiarity with the Construction Criteria Base (CCB) system. This shall include as a minimum, the SPECSINTACT specification system, the M CACES estimating system, and utilize ProjNet (DrChecks) (https://www.projnet.org) for comment resolution of design review submittals; (b) demonstrated CADD capability with capacity to produce output files in .DXF, DWG, .DGN and .CAL file format. Required software for production of project design and drawings shall be Bentley MicroStation Connect Edition Version 10.16.03 or later version or

AutoCAD Release version 2021 or later version. Compliance with the Tri Service A/E/C standards will be required; (c) use of building information management software (BIM) includes Bentley

OpenBuildings Designer Connect Edition Version 10.08.00 or later version or AutoDesk Revit version 2020 or later. as either may be required for the design of military or civil works projects;

(d) for military projects utilizing the design-build process, the A-E may be required to access and utilize the online standard design Request for Proposal Model RFP Wizard; (e) other software requirements include providing compatible MS Excel spreadsheets, Adobe Acrobat documents

(.PDF), MS Access, MS Word documents and .CAL files in support of the electronic advertising process. Data will be provided to the district in electronic format and shall be compatible with the applications described above.

(5) Firms must demonstrate the capability to design projects incorporating the latest DOD Force

Protection/Anti-Terrorism criteria, UFC codes, and LEED certification criteria. Firms must have personnel with at least three years’ experience in Fire Protection and Life Safety Design that are familiar with the use and application of NFPA codes 70 and 101 and UFC 3-600-01, Design: Fire

Protection Engineering for Facilities, which has replaced MIL-HDBK 1008C.

b. Professional Qualifications:

(1) The design team must possess experienced and registered or certified personnel.

Availability of an adequate number of personnel in the disciplines below shall be presented to ensure that the selected A-E firm can demonstrate the capability of working on multiple task orders.

The evaluation will consider education, training, registration, overall and relevant experience and longevity with the firm. Resumes shall use the same discipline nomenclature as is used in this announcement. Provide the following for each person: professional registration (as applicable), role(s) expected to fulfill in this contract, and experience in medical planning and design (with current and previous firms as applicable). Resumes shall not exceed one page per person:

The A-E work may require but is not limited to the following disciplines and skills:

Program Management, Project Management, Anti- Terrorism/Force Protection Designer

Architect, BIM specialist, CADD Specialist, Civil Engineer, Commissioning Agent, Construction Engineer, Construction Quality Assurance Representative, Construction Representative, Cost Engineer, Electrical Engineer, Engineering Technician, Environmental Engineer, Fire Protection Engineer, Geologist, Geotechnical Engineer, Industrial Hygienist, Interior Designer, Landscape Architect, LEED Accredited Professional, Licensed Project Engineer, Mechanical Engineer, Project Scheduler (Primavera proficiency required), Registered Communications Distribution Designer, Registered Professional Land Surveyors, Structural Engineer, Technical Writer, and

Value Engineer

Resumes shall not exceed one page. The Anti- Terrorism/Force Protection designer shall be a licensed professional engineer and have experience and training related to compliance with

Department of Defense AT/FP policy standards and specifications. The Fire Protection Engineer shall show demonstrated experience in the design of fire protection and life safety systems including but not limited to: building construction, occupancy classifications, means of egress, water supply, fire alarm system(s), water based fire extinguishing systems, non-water based fire extinguishing systems, fire dynamics calculations, egress calculations, smoke control calculations, etc.

The evaluation will consider the experience of the firm and the availability of an adequate number of personnel in key disciplines to ensure that the selected A-E firm can meet the potential of working on multiple tasks. The evaluation will consider education, training, registration, overall and relevant experience, and longevity with the firm.

c. Past Performance: The selection team will review past performance on DOD and civil works contracts with respect to quality of work, cost control, and compliance with performance schedules. Evaluation will be based on established Architect-Engineer Performance Evaluation ratings currently stored in the Past Performance Information Retrieval System (PPIRS) and other credible documentation included on the SF 330. Projects older than five years will not be considered. Similar projects newer than three years will receive higher ratings. It is important to show projects that have been performed by an experienced and well established team.

d. Capacity to Accomplish the Work in the Required Time: Firms must demonstrate the capacity of the design team to perform at least two $250,000.00 task orders in a 150-day period.

e. Knowledge of the Locality: The A-E shall demonstrate knowledge of the locality which includes climate conditions, architectural context, local construction methods and local/state building codes and permit requirements.

f. Geographic Proximity: Consideration with regards to the proximity of the team to the core project region defined as the military and civil boundaries of the Little Rock District Corps of

Engineers.

g. Volume of DOD contract awards in the last 12 months: Considerations may include: (1)

Equitable distribution of contracts among qualified A-E firms (2) CPARS retrievals; and (3)

Current workload. In Section H of the SF 330, prime firms must show their last 12 months of

Federal contract awards stated in dollars and numbers of separate contracts or task orders.

4. SUBMISSION REQUIREMENTS:

Interested Architect-Engineer firms having the capabilities to perform this work are invited to submit Architect-Engineer Qualifications as follows:

A. SF330, Architect-Engineer Qualifications, PART I

PART I OF THE SF330 SHALL NOT EXCEED 100 PAGES. If used, a cover page will not count against the 100 page maximum. A page is counted as one (1) side of a sheet of 8-1/2 inch by 11 inch paper. Any sheet of paper included that is larger than 8-1/2 inch by 11 inch will count as two pages.

1. A-E Qualifications.

A-E Qualifications must be submitted on SF 330, revised 7/2021. It may be obtained from the U.S. General Services Administration (GSA) Form Library at the following website:

http://www.gsa.gov/portal/forms/download/116486.

2. DUNS.

Include firm’s DUNS number in SF330 PART I, Section B, Block 5. A DUNS number may obtained by calling Dun and Bradstreet at 866-705-5711 or via the internet at https://fedgov.dnb.com/webform.

3. Unique Identity ID

Registration in Sam.gov is required in order to be awarded a contract. A Unique Identity ID number will be provided when registered. Provide the Unique Identity ID in parenthesis beside each AE firms’ name. For instructions on registering with SAM, please see the SAM Website at https://www.sam.gov.

4. Contract.

A maximum of ten (10) projects including the prime and consultants will be reviewed.

Use no more than three (3) pages per project. Note: An Indefinite Delivery Indefinite Quantity (IDIQ) with multiple Task Orders is not considered a project. Each individual Task Order executed under an

IDIQ contract is considered a project.

http://www.gsa.gov/portal/forms/download/116486 https://fedgov.dnb.com/webform https://www.sam.gov/

5. Submission Format.

a. Provide a Table of Contents and use Tab sheets to separate each section within the SF 330. The Table of Contents and the tab sheets will not count against the maximum page count for PART I.

b. When supplying information for forms, fonts should be Times New Roman no smaller than 12 points.

B. SF330, Architect-Engineer Qualifications, PART II

Complete a separate Part II for each branch office of the Prime Firm and any Subcontractors that will have a key role in the proposed contract.

1. SF330 Submittals

Note: To be eligible for contract award, a firm must be registered with the System for Award

Management (SAM).

Submittals must be received electronically no later than 3:00 P.M. Central Standard Time on Friday, December 2, 2022.

Regulation requires that the Selection Board not consider any submittals received after this time and date. Late proposal rules in FAR 15.208 will be followed for submittals received after 3:00 P.M. Central Standard Time on the closing date specified in this announcement.

2. Offerors shall submit one (1) electronic copy of their proposal via the Procurement

Integrated Enterprise Environment (PIEE) Solicitation Module before the time and date specified in this amendment. Follow the instructions below to use PIEE.

i. Register in PIEE:

a. Navigate to https://wawf.eb.mil

b. Select Register [top right]

c. Click Agree to indicate you have read and understand the terms and conditions for use of the website.

d. Select Vendor

e. Create a User ID and Password and follow the prompts [next]

f. Create Security Questions [next]

g. Complete your User Profile Information [next]

h. Complete your Supervisor or Approving Official Information [next]

i. Complete Roles

Step 1. Select SOL-Solicitation Step 2. Select Proposal Manager Step 3. Click Add Roles

Step 4. Fill in your Location Code (CAGE Code) [next]

j. Provide a justification for your registration [next]

k. Follow the remaining prompts to submit your registration

ii. Use PIEE to Submit Proposal:

a. Log into PIEE and select the Solicitation Icon.

b. Enter search criteria to find the solicitation. (Search Criteria can be the complete solicitation number, Solicitation Open Date, Response Due Date, Product or Service Code, NAICS, Set Aside code, Place of Performance Zip Code, Contracting Office DODAAC, or Status)

c. The search results display. Select the Solicitation Number link to open the solicitation.

d. The solicitation displays. The information is view only.

e. Scroll down to see the Contract Information and Attachments. The Attachments can be viewed by selecting the File link. Scroll back up to the top of the screen and click the Offer tab.

f. Click the Offer tab to Add and review current offers on the Solicitation. Click the Add button to add an offer to the Solicitation.

g. Select the applicable CAGE Code for which they are submitting the offer. The list is prefiltered based on the CAGEs in the Proposal Manager’s profile.

h. Upload the attachments that comprise their offer by selecting the Choose Files link.

i. After entering all necessary information enter a Signature Date and Click the Signature button.

j. The Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and One Time

Password (OTP). Click the Sign and Submit button to continue.

k. After successfully adding the Offer a success message of the submission will be displayed and the offer displayed collapsed. Users may expand and view all offers on a Solicitation.

C. Bidder Inquiries & Government Responses:

Offerors must submit questions concerning this solicitation into the USACE ProjNet system.

ProjNet will be open from the solicitation opening date through Friday, November 18, 2022. The

Government will provide a written response to bidder inquiries in ProjNet; however, the

Government responses are not official until submitted in the form of an amendment to the solicitation. Any response not provided in the form of an amendment is not considered part of the contract. ProjNet site location: https://www.projnet.org. The Bidder Inquiry Key is: MFXJWI-

PF7F3U. No questions will be answered by phone or e-mail.

https://www.projnet.org/

D. Contract Clauses:

The following contract clauses will be included in any contract awarded under this announcement.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

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

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

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

AUG 2020

52.207-3 Right of First Refusal of Employment MAY 2006

52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) - Alternate I

OCT 1997

52.215-2 Audit and Records--Negotiation JUN 2020

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-- Modifications

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges JUN 2020

52.219-8 Utilization of Small Business Concerns OCT 2018

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-37 Employment Reports on Veterans JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons OCT 2020

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-54 Employment Eligibility Verification OCT 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.227-1 Authorization and Consent JUN 2020

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.230-2 Cost Accounting Standards JUN 2020

52.230-6 Administration of Cost Accounting Standards JUN 2010

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-10 Payments under Fixed-Price Architect-Engineer Contracts APR 2010

52.232-11 Extras APR 1984

52.232-13 Notice Of Progress Payments APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment Of Claims MAY 2014

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts

JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 52.236-22 52.236-23

Applicable Law for Breach of Contract Claim Design Within Funding Limitations Responsibility of the Architect-Engineer Contractor

OCT 2004

APR 1984

APR 1984

52.236-24 Work Oversight in Architect-Engineer Contracts APR 1984

52.236-25 Requirements for Registration of Designers JUN 2003

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-4 Certification of Final Indirect Costs JAN 1997

52.242-13 Bankruptcy JUL 1995

52.242-14 Suspension of Work APR 1984

52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt III Changes--Fixed Price (Aug 1987) - Alternate III APR 1984

52.244-4 Subcontractors and Outside Associates and Consultants (Architect-Engineer Services)

AUG 1998

52.244-6 Subcontracts for Commercial Items NOV 2020

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

52.248-2 Value Engineering--Architect-Engineer MAR 1990

52.249-2 Termination For Convenience Of The Government (Fixed- Price)

APR 2012

52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions OCT 2005

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

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $22.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting

Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the

Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on

National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

https://www.sam.gov/

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices

(including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order

13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

"will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated…